HomeMy WebLinkAbout08-02-2021 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: July 29, 2021
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on MONDAY AUGUST 2, 2021
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 8/02/21
• Minutes of the meeting on 7/13/21
• ICPD General Order 00-10 (Evidence and Property Handling Procedures)
Office Contacts — July 2021
Complaint Deadlines
AGENDA
COMMUNITY POLICE REVIEW BOARD
MONDAY, AUGUST 2, 2021 — 5:30 P.M.
EMMA J HARVAT HALL
410 E. Washington Street
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 7/13/21
• ICPD General Order 00-10 (Evidence and Property Handling Procedures
ITEM NO. 3 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. 4 NEW BUSINESS
ITEM NO. 5 OLD BUSINESS
• Discussion of CPRB Recommendations to City Council
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• September 20, 2021, 5:30 PM, Emma J Harvat Hall
• October 12, 2021, 5:30 PM, TBD
• November 9, 2021, 5:30 PM, TBD
• December,14, 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
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — July 13, 2021
Electronic Meeting (Pursuant to Iowa Code section 21.8)
M electronic meeting was held because a meeting in person was impossible or impractical due to
concerns for the health and safety of Board members, staff and the public presented by COVID-14.
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:35 p.m.
MEMBERS PRESENT: Jerri MacConnell, Amanda Nichols, Saul Mekies, Theresa Seeberger
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
(1) Accept FY21 CPRB Annual Report.
(2) Accept Community Forum Summary Letter.
(3) Accept Proposed Amendment to Ordinance 8-8.
(4) Accept Re: redefined recommendation proposal item #8.
CONSENT CALENDAR
Motion by MacConnell, seconded by Nichols, to adopt the consent calendar as presented.
• Minutes of the meeting on 6/8/21
• 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
Mekies noted he would be abstaining until he was up to speed on the agenda items.
Motion carried, 3/0, Mekies and Seeberger abstained.
NEW BUSINESS
FY21 CPRB Annual Report — The Board reviewed the draft FY21 annual report and had no
changes.
It was moved by Nichols, seconded by MacConnell to forward the draft FY21 annual report to
the City Council with no changes.
Motion carried,3/0, Mekies and Seeberger abstained.
CPRB
May 11, 2021
DRAFT
OLD BUSINESS
Community Forum Discussion —The Board reviewed the Community forum draft summary
letter. Ford noted typo's on page two being ORI should be OIR.
It was moved by Nichols, seconded by Townsend to accept and forward to City Council the
Community forum draft summary letter as amended.
Motion carried,4/0, Mekies abstained.
Proposed Ordinance Change
Legal Counsel Ford recapped the draft proposed ordinance change was for the board to have
involvement anytime there was a violation by an officer of the body worn cameras policy,
meaning anytime the officer failed to turn it on or anytime the officer violated the policy by
turning it off at an inappropriate time. The board also wanted involvement whenever the Police
Chief exercised his discretion to delete any recordings that were inadvertent or by mistake.
Ford explained what the Board wanted to do would require an expansion of the boards power
since all the power for the board comes directly from the ordinance and the ordinance does not
right now give authority to do what was proposed. The draft ordinance amendment would
require that the Chief file a complaint with the board anytime he learns that there had been a
violation of the body worn cameras policy.
Townsend felt the ordinance change covered what the Board wanted to do. Nichols asked if it
was necessary to change the ordinance if a complaint was required to be filed when there was a
violation of policy.
Ford explained the ordinance change drafted was a requirement on the Chief to file a complaint
when a policy violation occurs which is an expansion of the Chiefs duties under the ordinance.
Ford asked Chief Liston for his thou hts on the proposed request for ordinance change.
Chief Liston noted the City Attorney would need to review the ordinance change
recommendation when it was submitted and suggested the ordinance should address and
clarify specifically what is meant by a policy violation. Liston noted that camera issues occur
through no fault of the officer such as a dead battery, mechanical errors or the body camera is
knocked off and added there are also instances where the officer jumps out of the car and the
camera does not get activated.
Townsend asked if the police department kept records on instances where the body camera
had been deactivated. Liston explained the police department reviews and documents all use of
force video.
Seeberger asked Liston if there were dash cameras still running if a body camera was not
functional. Liston explained the dash cameras would be running as well as the body cameras of
any other officer's present at the scene. He noted the department is researching technology to
automatically turn body cameras on.
Nichols stated she would like to pass this recommendation as presented and felt that if it was a
mechanical error issue then the complaint investigation would find that out.
Legal Counsel Ford clarified for the Board that the language proposed in the draft would trigger
the Chiefs requirement to file a complaint whenever an officer failed to start the body camera in
violation of the policy. It would have to be in violation of the policy, not an accident and then the
CPRB
May 11, 2021 DRAFT
Chief would be required to file a complaint whenever an officer improperly turned off the camera
in violation of policy.
Chief Liston noted he will review the recommendation with the City Attorney once it has been
received from the CPRB.
The following individuals appeared regarding support of the ordinance change recommendation
and other policy changes being drafted by the CPRB; Daphney Daniel, David Sterling, Amel Ali.
Motion by Nichols, seconded by Townsend to accept as drafted and forward to City Council the
ordinance change recommendation letter relating to body worn cameras and in -car video
cameras.
Motion carried, 3/0, Mekies and Seeberger abstained.
ICPD General Order 01-01 (Bias -Based Policing)
Townsend noted the draft prepared by Board member Nichols was for a policy change
recommendation to refocus the police department to exist for public safety where police would
respond and interact with the public only in response to calls for help or public safety risks.
Townsend recapped the previous meeting discussion stating the Board had agreed with the
recommendation on adding additional training on the history of bias based policing and on
changing the language "may" to "shall". The Board was not in agreement with the
recommendation to change the policy section on 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".
MacConnell asked if the recommendation meant the police•would not be able to greet people
and do neighborhood services to form relationships with the community. Nichols explained it
would mean they would only be in their official positions as police officers interfering with the
public if there was a request for help, or if there was an immediate public safety risk. She felt if
their purpose is to protect the public, those would be the only times they would need to be
involved.
Chief Liston noted the Governor's bill that prohibits municipalities from discouraging or
prohibiting police officers from enforcing any State law would weigh into any decision being
made on changing police policy.
Seeberger felt this was probably more a matter of the culture of the police department as
MacConnell had mentioned having a positive interaction is a good thing, unfortunately,
interactions either intentional or unintentional can be intrusive in people's lives such as stopping
someone without probable cause because the police are on a fishing expedition.
Nichols felt the only way change is going to happen is by pushing back on the status, stating
"even if we're not able to enact it, it's a conversation that we're starting it's an attempt it's an
effort". She disagreed with not requesting this policy change because the Governor passed a
law.
MacConnell wanted to make sure that there was nothing to discourage officers from interacting
with the public, she felt community policing and relationships with the public were important.
CPRB
May 11, 2021
DRAFT
Seeberger agreed with Nichols noting the Board should not feel constrained by a new law
because sometimes laws are overturned by a higher court.
Mekies asked Chief Liston if police are going into neighborhoods looking for crime was a true
statement. Chief Liston explained the police are doing proactive patrolling. For example, if they
see someone breaking the windows of a house or someone spray painting a car, they are going
to take action and the assertion that they are driving around creating crime is not reality.
Chief Liston offered an open invitation for Board members to come to his office anytime for
discussions and also encouraged members to do a ride along or attend the Citizens Police
Academy to better understand what happens out in the field.
Mekies agreed with the intent of the philosophy of Nichols motion, however he felt making
recommendations that are not solid puts the Board's credibility at stake. He felt a statement of
concern could encompasses what Nichols is suggesting. Nichols stated the point of the political
process is to challenge and make changes.
Members of the public, David Sterling and Paul Lee spoke in favor of the drafted
recommendation to change police general order 01-01 (Bia-Based Policing).
Motion by Nichols, seconded by Townsend to forward recommendation letter as presented to
Police Chief Liston.
Motion carried, 3/0, Mekies and Seeberger abstained.
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.
Townsend noted the Board had previously reviewed the CALEA report and agreed that the
CALEA accreditation review process was through and sufficient for an additional independent
auditor, however there were concerns about the CPRB not being able to request an
independent audit if certain circumstances occur.
The Board had agreed to have Townsend draft a redefined request for an additional
independent auditor on a as needed basis.
Townsend asked if any members had any comments regarding the draft letter. Nichols noted
the recommendations status report table included in the meeting packet had item #8 as
completed. Ford clarified saying it was marked as complete in error.
It was moved by Nichols, seconded by MacConnell to accept forward to City Council as drafted
the redefined request for an additional independent auditor recommendation item #8.
Motion carried,4/0, Mekies abstained.
CPRB
May 11, 2021 DRAFT
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, bi-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 —
Townsend asked members to report on the assigned items that needed 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 recapped his previous report of the cost as $3,314.15 which is a one-time cost to
replace all officer business cards.
CPRB information provided to each person issued a citation or at the time they are released
from custody in the event they were arrested
Townsend asked Chief Liston about having the CPRB information added to the citation form.
Chief Liston reported the CPRB information would need to be a separate form and not part of
the citation as it is a standardized form.
Bi-annual community forums and outreach awareness events —
MacConnell reported she did not have a chance to research the cost for holding forums and
special outreach awareness events.
Seeberger suggested having fliers available at multiple locations throughout Iowa City such as
city transit and the courthouse to help promote CPRB awareness. Olney noted fliers for the
community forum have previously been placed on city buses and the only cost involved was the
printing. Seeberger volunteered to research placing CPRB information at the courthouse and
will report back at the next meeting.
Item #10. The City shall provide complainants access to a lawyer and social worker/medical
professional with trauma awareness training for purposes of assisting complainants throughout
the complaint process. - The City Council requested that the CPRB investigate how the social
worker/medical professional services would be secured and provide an estimated cost for such
services in the above -mentioned budget request.
Access to a lawyer for purposes of assisting complainants throughout the complaint process —
MacConnell reported she had reached out to the school of social work and criminal justice as a
voluntary opportunity. She had understood this was to be a voluntary service to provide
emotional support for people who are afraid or are uncomfortable filing a complaint and that no
legal advice would be provided. Since this would be a voluntary service there would be no cost
involved, however, they were requesting more specific information as to number of volunteer
hours, number of cases and what services it would entail. MacConnell stated she needs more
direction and feedback from the Board on how to answer their questions.
Townsend stated he did not feel comfortable offering this service as a voluntary option. He felt
since the Council had asked for a budget it should be a paid position with a contract stating
what is expected the estimated hours and the cost of services. Townsend asked MacConnell to
check back with the school to determine if they would provide some type of an agreement.
MacConnell suggested it could be as an on -call type of service not necessarily hourly.
CPRB
May 11, 2021
DRAFT
Townsend noted he has been trying to reach the Public Defender's office and will hopefully
have information for the next meeting.
Nichols reported she had reached out to the school of law and was waiting for a reply. She will
report back to the Board at the next meeting.
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. She will report back to the Board at the next meeting.
Townsend reminded the Board that this request for a proposed budget is part of the information
needed to proceed with the CPRB's recommendations and it was important to get it completed.
Townsend asked Olney to email each member a list of their assigned tasks.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Seeberger questioned what the board information agenda item entailed. Olney stated it was a
time when a Board member can suggest items to be added to the next meeting's new business.
STAFF INFORMATION
Olney advised the Board that the governor's proclamation suspending the requirement to hold
public meetings in person is expected not to extend beyond July 25'n therefore beginning in
August the CPRB will be holding in -person meetings at City hall. Olney noted the updated
member contact list was included in the meeting packet.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• August 10, 2021, 5:30 PM, TBD (rescheduled to August 2, 2021)
• September 14, 2021, 5:30 PM, TB (rescheduled to September 20, 2021)
• October 12, 2021, 5:30 PM, TBD
• November 9, 2021, 5:30 PM, TBD
MacConnell and Mekies noted they would be absent in August and Townsend noted he would
be absent in September.
After Board discussion, Motion by MacConnell, seconded by Seeberger to change meeting
dates to Monday August 21' and Monday September 20tn
Motion carried, 5/0.
ADJOURNMENT
Motion for adjournment by Selmer, seconded by Townsend.
Motion carried, 5/0.
Meeting adjourned at 7:13 P.M.
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COMMUNITY POLICE REVIEW BOARD
GENERAL RESPONSIBILITIES
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 —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.
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.
CPRB Annual Report FY 2021 — 2
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:
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.
CPRB Annual Report FY 2021 — 3
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) Under 25K
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 — 4
BOARD MEMBERS
David Selmer, Chair
Orville Townsend, Vice -Chair
Latisha McDaniel
Jerri MacConnell
Amanda Nichols
CPRB Annual Report FY 2021 — 5
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
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 chiefs 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.
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, Delon 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 abolishingthe Police Department.
• The question was about qualified immunity, but no discussion on this topic.
• OIR Review - Recommendations made by the OIR 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.
• 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.
Orville Townsend, Vice -Chair
Community Police Review Board
(Transcriptions are available at ICgov.org)
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 29, 2021
To: Members of the City Council
From: Members of the Community Police Review Board
Re: Requested Ordinance Amendments Relatingto 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-profi le 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. Videofootage serves boththe 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 ensurethe 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 wliereaniihicer
either improperly failed to activate a recording device, or deactivated a recording &6vig'ufor an
improper purpose. n v'
With these goals in mind, and in accordance with section 8-8-7(()(3) ofthe CiP:ke orJ?nanee,'
the board members intend to request certain changes to the Iowa City Police -DepaNxnenPs--
General Order No. 99-08 (Body Worn Cameras and In -Car Recordings). In genera Hhese
J
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 anytime 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(8) 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 orderto 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 maybe 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*y other
complaint; such complaints shall be investigated as required 6y,subsrcQotion"(6)
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 suboaraaraoh "D" shall be added to section8-8-5:
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(()(5)
before authorizing any such deletion. No in-carorbodyworn camera recordings
may be deleted by the police department without the written consent of the
board.
3. The following suboaraoraoh "5" shall be added to subsection 8-8-7(0:
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 threeboard 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.
Si rely,
7
Orville Townsend Sr, CPRB Vice -Chair
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 26, 2021
Mayor and City Council
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
RE: Update on CPRB Recommendations to the City Council
Dear Mayor and City Council,
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:
Redefine Request for Recommendation #8
• 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 cannot be
reconciled through other means.
0
ti
C —Ti
Regards,
Orville Townsend v
Community Police Review Board Vice Chair
y r�
Cc: Geoff Fruin, City Manager
City Attorney's Office
Dustin Liston, Chief of Police
EVIDENCE AND
PROPERTY
HANDLING
PROCEDURES
Date of Issue General Order Number
December 7, 2017 00-10
Effective Date Section Code
July 12, 2021 1 SER-06
Reevaluation Date Amends / Cancels
July 2024
C.A.L.E.A. Reference
84.1.1, 84.1.2, 84.1.3, 84.1.4, 84.1.5, 84.1.6, 84.1.7
INDEX AS:
Search
Seizure
I. PURPOSE
Vehicle Impounds
The purpose of this order is to establish and explain procedures pertaining
to evidence and property control. This will help ensure that evidence is
maintained in such a fashion as to be of value in any legal proceedings and
to aid in the return of property to its rightful owner.
II. POLICY
It is the policy of the Iowa City Police Department to maintain al -Inventory
system for property taken into custody by its employees. The Department
will comply with all applicable state and federal requirementsforseized and
forfeited property. r
III. DEFINITIONS _, ;
EVIDENCE: Any property, regardless of its nature, that is taken by the
department as part of an investigation and which may be used for the
purposes of the investigation or in legal proceedings.
FORFEITABLE PROPERTY: Any of the following:
A. Property which is illegally possessed.
B. Property which has been used or is intended to facilitate the
commission of a criminal offense or to avoid detection or
apprehension of a person committing a criminal offense.
C. Property which is acquired as or from the proceeds of a criminal
activity.
D. Property offered or given to another as an inducement for the
commission of a criminal offense.
FOUND PROPERTY.- Any property, regardless of its nature, that has
been found by any person and is being held for safekeeping until the
owner can be identified.
HIGH RISK ITEMS: High Risk items include firearms, currency, jewelry,
precious metals and narcotics.
RECOVERED PROPERTY.- Any property that has been identified as
having been stolen (may also be classified as evidence).
SEIZABLE PROPERTY.- Any of the following:
A. Property which is relevant in a criminal prosecution or
investigation.
B. Property defined by law to be forfeitable.
C. Property which if not seized by the state, poses an imminent
danger to a person's health, safety or welfare.
Per Iowa Code Chapter 809
E
e
809.1 Definitions
C=
1. "Seizable property" means any of the following: c,
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a. Property which is relevant in a criminal prosecutiorrbi -,
tt
investigation.
cn
b. Property defined by law to be forfeitable property.
c. Property which if not seized by the state poses an imminent
danger to a person's health, safety, or welfare.
2. "Seized property" means property taken or held by any law
enforcement agency without the consent of the person, if any, who
had possession or a right to possession of the property at the time
it was taken into custody. Seized property does not include
property taken into custody solely for safekeeping purposes or
property taken into custody with the consent of the owner or the
person who had possession at the time of the taking. If consent to
the taking of property was given by the person in possession of the
property and later withdrawn or found to be insufficient, the property
shall then be returned or the property shall be deemed seized as of
the time of the demand and refusal.
3. The definitions contained in subsections 1 and 2 shall not apply to
violations of chapter 321.
809.2 Notice of seizure.
The officer taking possession of seized property shall make a written
inventory of the property and deliver a copy of the inventory to the person
from whom it was seized. The inventory shall include the name of the
person taking custody of the seized property, the date and time of the
seizure, and the law enforcement agency seizing the property.
SEIZED PROPERTY: Property taken or held by any law enforcement
agency without the consent of the person who had possession or a right to
possess the property at the time it was taken into custody.
CHAIN OF EVIDENCE: The continuity of the custody of physical
evidence, from the time of original collection to final disposition, that mar
be introduced in a judicial proceeding.
IMPOUNDING OFFICER: The member of this agency who initially;
receives the property and initiates the chain of custody.
PROPERTY CUSTODIAN: Agency member accountable for controlling
and maintaining all property accepted by or stored in the Department's:
property room.
0
PHYSICAL EVIDENCE: Any substance or material found or recovered in
connection with a criminal investigation.
IV
PROPERTY ROOM: Facilities used by this department to store and
secure evidence or property.
PROPERTY CONTROL INVENTORY FORM: Generally referred to as the
"PCF", it is the form used to log evidence and track the chain of evidence.
It exists in both a computer generated version and in a pre-printed version
for use when a computer is not available.
PROCEDURES
Property held by the Iowa City Police Department will be regulated and
controlled by an organized management system. The department's
property control function is under the direction of the commander of support
services. A property custodian manages the daily operations of the
system. The training and accreditation sergeant, CSO assigned to
evidence and support services assistant are authorized to perform daily
operation functions in the absence of the property custodian.
All property under the control of the Iowa City Police Department will be
handled in a manner consistent with the property control guidelines manual.
A. Intake of Recovered and Seized Property
Utilizing proper evidence gathering, packaging and labeling
techniques, all items submitted as recovered or seized property will
be documented on the computer generated "Property Control
Inventory" (PCF) form unless circumstances dictate that the
handwritten form be used. Blood kits are the exception as they
contain their own control inventory documentation. This
documentation will be completed prior to the end of the submitting
officer's watch.
2. The submission and documentation of seized or recovered property
will be referred to in the incident report. _.
0
3. The submitted items will be accompanied by a copy of the -
computer generated PCF or by the original if the handwa4
j::�
form was used. i
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4. Evidence will be secured in one of the following ways:
a) turned directly over to the Property Custodian,
b) placed in the evidence submission lockers, secured and the key
deposited in the designated secured box,
c) for oversized items, placed secured in the records Sgt.'s office
or CST lab by a supervisor, or
d) as directed by the property custodian or commander of support
services.
e) in cases of c) or d), the original documentation will be left with
the property and a copy will be directed towards the property
custodian advising them of the recovery/seizure and location
where it was stored.
5. At no time will property be left unsecured or stored in personal
areas, nor will it be converted for personal use.
6. If evidence is collected which requires processing, the on duty
Watch Supervisor should assign an on -duty CST to process the
evidence. Upon completion of processing, the CST shall submit
the item and evidence to the property custodian in the prescribed
manner. If there is no crime scene technician (CST) available or
the procedure is one which requires techniques not available
through the Iowa City Police Department, the evidence shall be
submitted along with the evidence form to the property custodian;
or deposited in a securable locker outside the property room.
If the evidence is to be sent to the Lab (for any reason), it will be
the officer's responsibility to fill out the lab request sheet and submit
it to the property custodian with the evidence.
8. All items taken due to search, arrest or for safekeeping are required
to have receipts issued to the person it is taken from. If you are.00t
able to print a copy of the computer generated PCF then -a
handwritten PCF may be used. : , � t;"€
9. No hazardous substance shall be brought into the police`' �y
department. rn, -o
10.All drugs must be weighed on a designated scale and/or ted7
prior to securing them in the evidence locker. If - n
drugs/paraphernalia are confiscated and submitted without any
need to maintain (i.e. found on public right of way, and/or taken off
of an individual being charged with something NOT PCS or PDP
related) indicate on the property sheet and the packaging that
they're being submitted for destruction.
11. Weapons shall be secured to the extent possible prior to their
submission to the Property Custodian.
12. Undeveloped film and digitally recorded images shall be submitted
along with the corresponding CST sheet to the property custodian.
13.If a vehicle is impounded because it is evidentiary in nature, a
property sheet shall be filled out in addition to the vehicle impound
report.
14.If an item demands freezing or refrigeration, the item may be
packaged and turned directly over to the Property Custodian. If it is
not possible to directly turn the item over to the property custodian,
it may be sealed (in such a manner so as to detect tampering) and
placed into the police department evidence
freezer/refrigerator. If biological substances are collected and/or
stored in the CST lab, please notify Evidence via email that said
substance needs to be collected from the lab and make notation on
the property sheet with any other evidence being submitted related
to the same case.
15. Cash will only be seized for the following reasons: evidence
in a crime, forfeiture procedures, safekeeping (no one
available to take control), and lost and found.
a. Cash Seized as Evidence in a Crime or Forfeiture
1. Unless approved by a supervisor officers shall not
seize cash as evidence or for forfeiture when the
dollar amount is under $500.
b. Cash Seized for Safe Keeping or Lost and Foun D r
1. Officers shall seize all cash taken for safeTc�. 0p for
lost and found.
C. Counting, Packaging, and LabelingLn
0
1. All cash obviously less than $500 will be counted and
documented on a PCF and submitted to the Property
Custodian. If the amount is obviously over $500 refer
to section D below on packaging and labeling.
2. If an officer is uncertain if the amount of cash is
greater or less than $500, they should assume it is
more than $500 and use that procedure. Officers
should also be mindful that any amount less than
$500 will not be forfeited. and should have some
other justification for seizing the cash.
3. All cash obviously over $500 dollars will be placed
uncounted in a plastic envelope designed for that
purpose then sealed. This process will be witnessed
by two officers who will then sign the evidence
envelope or bag in the designated place. If the owner
of the cash is present and cooperative they shall
witness the money being sealed and also sign in the
designated place. As a last resort, if no evidence bags
are available, a Ziploc style bag may be used as long
as it is sealed completely with tamper evident tape.
The required signatures shall go on the taped seal.
The envelope will then be submitted to the Property
and Evidence Custodian using the PCF. The Property
and Evidence Custodian will not accept cash that is
not packaged in this manner. The Property an
Evidence Custodian* will take the envelope to the
counting authority (bank, City of Iowa City Utilities and
Revenue Division, etc.) where it will be opened and
counted. Cash that is also evidence will be retained
by the Property and Evidence Custodian. Cash that is
not evidence will be deposited. The envelope with the
signatures will be retained as evidence in either case.
*The officer currently assigned to the Johnson County
Joint Drug Task Force and the designated SCAT
officer may also take cash directly to the counting
authority and submit the receipt (or the cash if it is,,
evidence) along with the envelope to the Propertyand
Evidence Custodians h
d. Daily the property and evidence custodian shall da psit OB
money into the seized money or lost property account a
notify the sergeant of investigations and administr'gtry�
coordinator each time cash is taken in either as
evidence. The notification is to include the ICR, a'rriount fi
seized cash and a copy of the receipt if applicable.
e. The sergeant of investigations shall maintain all records of
cash seizures reported to them.
16. The following types of property will be logged on separate property
control forms:
a. cash
b. drugs and drug paraphernalia
C. firearms
d. electronic devices that store data including but not limited to:
cell phones, computers, computer lap tops, electronic
tablets, certain gaming devices
17. An ATF gun trace request will be sent on all firearms and a
response received before disposition of the weapon. ATF requests
should be made by the seizing officer to the sergeant of
investigations
18. All property/evidence must be logged into records and submitted
into evidence prior to the officer ending their tour of duty unless
approved by a supervisor.
B. Hazardous Substances
Biological Hazards
When collecting evidence which is biological in nature,
officers should remain mindful of the potential hazards which
may be present. When dealing with this type of evidence
officers shall follow the applicable precautions and/or
procedures pertaining to blood borne pathogens. When
submitting items, which may be contaminated with a
biohazard, officers shall observe the following
procedures. Property which possess a potential biohazard
but is not evidentiary shall be disposed of in an approved
manner, with documentation of the property and the manner
in which it was disposed of. A PCF shall be submitted to the
property custodian along with an incident report regarding
the circumstances under which the property was obtained
and the manner in which the property was disposed ofN
a. Materials which have been contaminated:-'s&ul�ot
be submitted or stored in plastic contain4-'CUt
packaged so as not to degrade or contan`1W'a#e (Mer t
items. Kra v
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b. All items which may be contaminated sha1�=clearlll
indicate such on their package. It should also bey
noted on the incident report.
G. When placed in temporary storage, the compartment
containing the object should be clearly marked as
containing a potential hazard.
d. Officers shall follow departmental decontamination
procedures upon exposure to biohazards.
e. The property custodian will secure the contaminated
object in such a manner as to maintain the evidentiary
value of the item.
Officers unsure as to the procedure for handling the
contaminated item shall contact a CST or the watch
supervisor.
Perishable food items should be photographed and
documented and returned to the owner or properly
disposed of.
2. Hazardous Materials
Upon the collection of items that are hazardous in nature
such as chemicals, flammable liquids or explosives, the
items should be photographed and stored in designated
areas or arrangements made for immediate transport to a
designated lab. These items shall have a copy of the PCF
attached to them, with the computer generated or
handwritten originals being submitted to the property
custodian along with a copy of the incident report indicating
the type and amount (estimated if necessary) of the
hazardous material along with its location. At no time shall
these items be taken to the Police Department. Officers=
should limit the collection of these types of items5o,evic(ance
"
or contraband. Before taking control of these types -of it&ms
for other reasons, the watch supervisor should bE�_6ontaeied
for guidance.
cD
t_.weP
Fireworks shall be disposed of in accordance with^.; .�
departmental guidelines. Ln
CD
Pest Infestation
When considering the collection of items that have a pest
infestation such as cockroaches, and/or bedbugs,
officers should consult with the on -duty supervisor to
determine if the items should be photographed or seized.
If it is determined that the property is to be seized the
following procedures should be considered to prevent their
spread unless doing so would compromise the integrity of
the collection:
vacuuming
running items through a dryer on high heat
placing items in a sealed plastic bag in a freezer
At no time shall these items be taken to the Police
Department. Any item seized that is believed to be infested
will be submitted and stored at the department's off -site
storage facility. Said items will have a written warning
posted on the exterior of any packaging advising of the
infestation. When submitting evidence to the off -site storage
area the property custodian will be notified by the submitting
officer.
C. Property Management
Property Custodian Responsibilities
a. Intake
i. Empty evidence lockers daily, McEday through
Friday.
ii. Verify the documentation with the:qµbmittcd
evidence v M
a) weigh and/or count drugs
CA
b) count money if not submitted in sealed
bag
c) match description listed on "Property
Control Inventory" with item(s) and
report any discrepancies to the
submitting officer, their immediate
supervisor, and the commander of
support services.
iii. Enter the items into the property
computer system making notation of any
discrepancies.
b. Storage
Place the property/evidence in proper
containers and mark the incident
number clearly on the outside of the
container
Store the property/evidence in its
designated secure area
a) Drugs: high risk evidence room
b) Currency: All currency submitted to the
property custodian that is not actual
evidence shall be deposited at the
approved financial institution with the
change in custody being recorded on
the PCF. The evidence custodian will
retain all receipts from each deposit. If
currency from multiple incidents is being
deposited at the same time, each will
require a separate deposit and receipt.
c) Guns: high risk room
d) Articles subject to
spoilage/deterioration-refrigerator
e) All other: metal shelf area or
secured storage area located off
site. Off -site storage will h3!-Y'-
the same storage guideline as
-
those items stored in the on;site
^'
evidence room. m
i t
f) Exceptional items: items ttj 3t are
deemed more sensitive or
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valuable in nature should be
stored in the high -risk room or a
safe within the evidence room.
g) The property/evidence storage location
will be noted on the "Property Control
Inventory". The original stays in file in
the evidence room and pink copy is
forwarded to the case file in Records.
Submission of Evidence to Labs
When possible, evidence should be submitted to the
appropriate accredited laboratory within five working days of
collection. Officers who have evidence needing to be
sent to an outside agency shall complete the required
PCF making sure the chain of custody section has
been filled out. The officer shall also fill out a DCI lab
BEAST form, indicating the test desired. If the
submission is requesting DNA analysis the officer shall
complete the DCI DNA Pre -Log questionnaire and submit it
with the evidence. The property custodian shall package the
evidence for shipment to outside labs and fill out the chain of
custody information on the PCF. The property custodian
shall maintain the records pertaining to the shipment,
receipt, and return of evidence to the Iowa City Police
Department. Blood kits shall be sealed per the instructions
and submitted to the property custodian along with the
evidence sheet. The property custodian will package the kit
for submittal, following the above -mentioned
procedures. The results of the test shall be returned to the
Property Custodian, with the original being submitted to
records and copies going to the originating officer.
3. Transfer of Evidence
Whenever evidence is transferred from the property roan,
the following procedures shall be adhered to: o c .-•--� ,
r-
a. In instances where the evidence needs to -be, remved—
from the property room, the property custo i n `s�''iall
document the change of custody on the chap o
custody section of the PCF. The receiving�rsoa.. h
shall sign upon receipt of the evidence and note�*e
date and time of the change of custody along wifRthe
reason for the transfer of the property.
b. The member receiving the evidence assumes control
and responsibility for ensuring its security, storage
and maintenance.
C. Upon return of the evidence, the returning party shall
fill out the chain of custody section and the property
custodian will sign upon receiving and confirming the
evidence being returned. The date and time will be
included on the change of custody section.
When property is needed for legal proceedings, the
person receiving the notice of the request should
notify the property custodian of the date on which the
property will be needed. In any event, the property
custodian should be notified no less than 2 days prior
to the date on which the property will be needed.
e. When evidence is removed from the property room for
processing by the Iowa City Police Department, the
aforementioned procedures shall be adhered to.
d. When evidence is transported or shipped to an
outside agency for testing, the property custodian will
document the change of custody, including the
destination, date of shipment, manner of shipment,
return of service for the shipment and return of the
evidence being processed.
4. Disposition of Property
The Iowa City Police Department will attempt to return
property to its rightful owner. In the case of found or
recovered property, the property custodian will take the"'
statutory steps to contact rightful owners. When an items
claimed, the receiving party shall sign a receipt o�
acknowledging the receipt of the property. Whea-AmblPto
contact the person(s) who may legally claim thec_preperty, the,—.'
property custodian shall take appropriate stepst6pca!W and,
notify a legal claimant. In instances where the rigUM[ olner 1 €1
does not respond within the prescribed time, th ppe& wiIC7,,'
be sold at public auction or otherwise disposed:of as f�' wed
by law.
0
In instances where contraband has been seized and is not
required for evidence and is not subject to return to the party
from whom the property was seized, the initiating officer may
dispose of the property after providing a receipt to the
person in possession of the property. Unless disposed of by
the officer, the officer shall submit the property to the
property custodian, with a follow up sheet attached,
requesting the property custodian dispose of the property. In
instances where the property has been seized and
destroyed, the incident report shall be completed by the
disposing officer and state the circumstances surrounding
the incident and the manner in which the property was
disposed. The exceptions to this paragraph are drugs,
narcotics and fireworks.
Drugs and narcotics, whether seized as contraband or taken
as evidence, shall be disposed of in the manner approved by
the Johnson County Attorney. Officers shall turn all
confiscated drugs or narcotics over to the property custodian
regardless of whether the subject from whom they were
seized is charged or not. Drugs, narcotics and fireworks
shall not be disposed of in any manner other than that
prescribed by the Iowa City Police Department.
Evidence shall be disposed of upon notification from the
clerk of court that the case has been resolved, and the
appeal process has expired or been exhausted. The
property should be returned to the rightful owner within 180
days. If the rightful owner is unknown, or fails to recover the
property within 90 days after notice, the property custodian
shall dispose of the property consistent with departmental
guidelines.
Seized property which is no longer required as evidence or
for use in an investigation shall be returned to the owner as
soon as possible without the requirement of a hearing,
provided that the person's possession of the property is not
prohibited by law and there is no forfeiture claim on behalf of
the state. u
The owner/possessor of the property wjil be fTdtified
by certified mail (last known address) thal}thO& have
30 days to respond to the Police Dep4i r10nt`ffb claim
the items. i na
If there are more than one owner/pos�easor:Riaking .'
claim to the property, the matter will 156furner over to
the clerk of court. Cn
If there is no claim made to the property within the 30
days, the property will be deemed as abandoned and
disposed of under the guidelines as set out for "Found
Property".
Disposition of all property will be noted on the property form.
All documentation concerning the property will be submitted
to Records.
Seized and forfeited controlled substances, weapons or
explosives will not be used for training, investigative or
operational purposes. Any controlled substances utilized for
canine training shall be obtained from the Drug Enforcement
Agency.
5. Disposition of Vehicles Seized as Evidence or Search
Warrant
Officers seizing a vehicle as evidence or for search warrant
service will complete a vehicle impound report and a
property sheet. Vehicle impound reports for vehicles seized
as evidence will be submitted to the station masters and held
in a separate file in the station master's office.
If seized vehicles are held at a paid storage facility the
seizing officer is responsible for the timely notification and
release of the vehicle to the owner.
Vehicles being held long term as evidence or for forfeiture
will be stored at the department's off -site storage facility.
On a weekly basis an assigned station master will query the
status of each vehicle in this category with the seizing officer
and provide a summary of the status of all vehicles seized as
evidence to the commander of support services.
C�
6. Disposition of Electronic Devices o
Seized electronic devices, including cell phones, computers,
lap tops, tablets, and certain gaming devices; for fA
purpose of recovery of digital forensics/data extrajon shhfl
be returned to the owner once the extracti(iicomplete-'and
there is no unlawful material on the device j%der t o
following circumstances: o
For all simple, serious, and aggravated
misdemeanors, unless approval has
been sought and obtained from a prosecuting
attorney. Documentation of this shall be made to the
case file by the seizing officer.
For any device that is no longer required as evidence
or for use in an investigation.
The seizing officer will notify the owner of the device and the
property custodian of any device that has been approved for
release.
Inquiries from owners regarding the status of seized
electronical devices shall be directed to the seizing officer.
Release of Firearms
Prior to the release of any firearm, the officer or Evidence
Custodian releasing the firearm shall conduct all appropriate
Criminal History/NCIC checks on the firearm and the party
claiming it to ensure they are not prohibited from possessing
it.
If there is no registration or bill of sale and there is an
ownership dispute, do not release the firearm and refer the
parties to the appropriate civil court.
If there is no registration or bill of sale but there is no
ownership dispute, release firearm to last person who
possessed it or to the person identified as the owner by the
last person who possessed it.
In all cases, the party claiming the firearm is required ta,
display a current picture ID.
8. Designated Secure Areas
All property seized or controlled by the departmii�Fshalbbe
stored within designated secure areas. Below i Vst a
secure areas utilized by the department and persoFs with
access: cn
Property/evidence storage lockers. All officers have
access until a locker is secured then only
property/evidence personnel have access.
Property/evidence room. Only property/evidence
personnel shall have access. All visitors must sign in
and be accompanied by property/evidence personnel
at all times.
Department crime laboratory. Only department crime
scene investigators shall have access to this room.
Entry into the room shall be recorded electronically.
Individual lockers will only be accessible to an
assigned cst and the cst supervisor. Evidence being
processed will be secured or sealed with tamper tape.
Out -door off -site storage lot. All officers and
community service officers have access to this lot for
the purpose of storing bicycles and long-term seizure
of vehicles. Vehicles being held as evidence shall be
secured and sealed with tamper tape.
Out -door off -site storage lockers located in out -door
off -site storage lot. All officers and community service
officers have access to these lockers for the purpose
of short term storage of transient community
members personal items that have been incarcerated.
Off -Site evidence storage: Off -site evidence storage
shall only be accessible to the property/evidence
custodian, evidence sergeant, CSO assigned to
evidence and the support services assistant. Anyone
else needing access shall sign into a log and be
accompanied at all times by someone authorized to be
in the area. The off -site storage will be used to
secure large or overflow evidence items.The off -site
storage shall be locked at all times. An alarm system
shall be in place to notify station master pers(Nnel of
any entry or fire alarm activations. Eviopnce/p-loperty
personnel shall inspect the rental unit2 m'_nthly"
basis to ensure it has not been compri?mi edr-
�I. tV a
Electronic Forensic Investigator's Offic€r:gh"ffic ri t
assigned to this position and the comrFwMer:6f
support services will have access to th office
Cn
Evidence/Property Return Lockers: These lockers
are managed by evidence personnel and utilized to
return evidence to officer and property to the public
when evidence personnel are not working.
D. Inspections
On an annual basis the property custodian will submit to the
commander of support services a report listing all of the property
under the control of the Iowa City Police Department. The report
shall include the date of intake.
At least semi-annually the commander of support services or
designee shall conduct an inspection to confirm adherence to
procedures used for property control. This inspection will, further
ensure that the property areas are being maintained in a clean and
orderly fashion, that property is being protected from damage or
deterioration, and that proper accountability procedures are being
maintained. This inspection shall also consist of verifying the
property of at least five (5) separate incidents and accompanying
documentation.
The Chief of Police or designee will conduct unannounced
inspections of the property storage areas at least once a year.
These inspections will be done by persons not directly responsible
for property control functions. These inspections will consist of the
checking of the actual property of at least ten (10) separate
selected incidents and all accompanying documentation.
The Lieutenant of Criminal Investigations shall conduct an annual
audit of property held by the Iowa City Police Department. This
audit is to ensure the integrity of the system but does not require an
accounting for each item of property. This audit shall consist of a
significant representative sampling of the property including high
risk items (e.g. controlled substances, currency, guns, and other
valuables. This audit should also ensure that the integrity of the
property area is being maintained pertaining to security and the
condition of the property being held by the department.
In the event that a piece of property cannot be accounted for, the
Property Custodian shall notify the Commander of Field
Operations, who shall assign a Lieutenant to work with the Property
Custodian to clarify the status of the property. If the status cannot
be resolved, the Commander of Field Operations shall initiate an
internal investigation relating to the property in question The
results of this investigation shall be forwarded to the�ef Police
and the Commander of support services. Upon co�ipietic0T- of the`=
investigation, the status of the property shall be enteTed: in the case -
file.
n ra em
Upon the appointment of a new property custodianinventory of
the property in control of the Iowa City Police Depihmer Y�'shall be
conducted to ensure the integrity of the property and tha records
are complete. The inventory shall be conducted by the outgoing
property custodian, the newly appointed property custodian and a
supervisor designated by the Chief of Police or his/her designee. All
high -risk items such as money, precious metals, jewelry, firearms,
and drugs and a sufficient number of other records will be reviewed
to ensure the integrity of the system. Any discrepancies should be
recorded prior to the newly appointed property custodian assuming
responsibility. Discrepancies shall be handled in the manner
mentioned above. A written report documenting the change of
custodian inventory shall include a listing of all property in control of
the Iowa City Police Department upon the departure of the outgoing
property custodian.
All property control inspection reports shall be submitted to the
Chief of Police with copies going to the Commander of support
services, Commander of Field Operations, Lieutenant of
Investigations, and officer in charge of accreditation.
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
N
rr
a
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
EVIDENCE AND
PROPERTY
HANDLING
PROCEDURES
Date of Issue General Order Number
December 7, 2017 00-10
Effective Date Section Code
July 12, 2021 1 SER-06
Reevaluation Date Amends / Cancels
July 2024
C.A.L.E.A. Reference
84.1.1,84.1.2,84.1.3,84.1.4,84.1.5,84.1.6,84.1.7
INDEX AS:
Search
Seizure
PURPOSE
Vehicle Impounds
The purpose of this order is to establish and explain procedures pertaining
to evidence and property control. This will help ensure that evidence is
maintained in such a fashion as to be of value in any legal proceedings and
to aid in the return of property to its rightful owner.
II. POLICY - _-
It is the policy of the Iowa City Police Department to maintam_an Inventory
system for property taken into custody by its employees. The Department.
will comply with all applicable state and federal requirements_ for seized arrd'
forfeited property.
III. DEFINITIONS
EVIDENCE: Any property, regardless of its nature, that is taken by the
department as part of an investigation and which may be used for the
purposes of the investigation or in legal proceedings.
FORFEITABLE PROPERTY: Any of the following:
A. Property which is illegally possessed.
B. Property which has been used or is intended to facilitate the
commission of a criminal offense or to avoid detection or
apprehension of a person committing a criminal offense.
C. Property which is acquired as or from the proceeds of a criminal
activity.
D. Property offered or given to another as an inducement for the
commission of a criminal offense.
FOUND PROPERTY: Any property, regardless of its nature, that has
been found by any person and is being held for safekeeping until the
owner can be identified.
HIGH RISK ITEMS: High Risk items include firearms, currency, jewelry,
precious metals and narcotics.
RECOVERED PROPERTY., Any property that has been identified as
having been stolen (may also be classified as evidence).
SEIZABLE PROPERTY. Any of the following:
A. Property which is relevant in a criminal prosecution or
investigation.
B. Property defined by law to be forfeitable.
C. Property which if not seized by the state, poses an imiginent
danger to a person's health, safety or welfare.c
:2
Per Iowa Code Chapter 809
809.1 Definitions r,
0 j a
1. "Seizable property" means any of the following:_.
cn
a. Property which is relevant in a criminal prosecution or
investigation.
b. Property defined by law to be forfeitable property.
c. Property which if not seized by the state poses an imminent
danger to a person's health, safety, or welfare.
2. "Seized property" means property taken or held by any law
enforcement agency without the consent of the person, if any, who
had possession or a right to possession of the property at the time
it was taken into custody. Seized property does not include
property taken into custody solely for safekeeping purposes or
property taken into custody with the consent of the owner or the
person who had possession at the time of the taking. If consent to
the taking of property was given by the person in possession of the
property and later withdrawn or found to be insufficient, the property
shall then be returned or the property shall be deemed seized as of
the time of the demand and refusal.
3. The definitions contained in subsections 1 and 2 shall not apply to
violations of chapter 321.
809.2 Notice of seizure.
The officer taking possession of seized property shall make a written
inventory of the property and deliver a copy of the inventory to the person
from whom it was seized. The inventory shall include the name of the
person taking custody of the seized property, the date and'time of the
seizure, and the law enforcement agency seizing the property. N
SEIZED PROPERTY. Property taken or held by any law enft2r§m et '
agency without the consent of the person who had possessiq�i Dr a right to ::
possess the property at the time it was taken into custody. "'
M
CHAIN OF EVIDENCE: The continuity of the custody of phyiicl
evidence, from the time of original collection to final dispositign that ay
be introduced in a judicial proceeding. cn
IMPOUNDING OFFICER: The member of this agency who initially
receives the property and initiates the chain of custody.
PROPERTY CUSTODIAN: Agency member accountable for controlling
and maintaining all property accepted by or stored in the Department's
property room.
PHYSICAL EVIDENCE: Any substance or material found or recovered in
connection with a criminal investigation.
PROPERTY ROOM: Facilities used by this department to store and
secure evidence or property.
PROPERTY CONTROL INVENTORY FORM: Generally referred to as the
"PCF", it is the form used to log evidence and track the chain of evidence.
It exists in both a computer generated version and in a pre-printed version
for use when a computer is not available.
IV. PROCEDURES
Property held by the Iowa City Police Department will be regulated and
controlled by an organized management system. The department's
property control function is under the direction of the commander of support
services. A ro e�rt custodian mans es the dailyo erations of the
system. The P training 'arm"aucrefdlft -all
sergeapt,;QSO assigned to evidence and support seryces gstanr
authorized to perform daily operation functions in the absence of the
property custodian.
All property under the control of the Iowa City Police Department will be
handled in a manner consistent with the property control guidelines manual.
A. Intake of Recovered and Seized Property
ti
Utilizing proper evidence gathering, packaging and labeling
techniques, all items submitted as recovered or seized properly will ,
be documented on the computer generated "Property.Control�
Inventory" (PCF) form unless circumstances dictate thaMtthe r,
handwritten form be used. Blood kits are the exception -as the4 mi
contain their own control inventory documentation. This --
F documentation will be completed prior to the end of the submitting `
officer's watch.
2. The submission and documentation of seized or recovered property
will be referred to in the incident report.
3. The submitted items will be accompanied by a copy of the
computer generated PCF or by the original if the handwritten
form was used.
4. Evidence will be secured in one of the following ways:
a) turned directly over to the Property Custodian,
b) placed in the evidence submission lockers, secured and the key
deposited in the designated secured box,
c) for oversized items, placed secured in the records Sgt.'s office
or CST lab by a supervisoq, or
d) as directed by the property custodian or commander of support
services.
e) in cases of c) or d), the original documentation will be left with
the property and a copy will be directed towards the property
custodian advising them of the recovery/seizure and location
where it was stored.
5. At no time will property be left unsecured or stored in personal
areas, nor will it be converted for personal use.
6. If evidence is collected which requires processing, the on duty
Watch Supervisor should assign an on -duty CST to process the
evidence. Upon completion of processing, the CST shall submit
the item and evidence to the property custodian in the prescribed
manner. If there is no crime scene technician (CST) available or
the procedure is one which requires techniques not available
through the Iowa City Police Department, the evidence shall be
submitted along with the evidence form to the property custodian,
or deposited in a securable locker outside the property room.
7. If the evidence is to be sent to the Lab (for any reason), it will lie
the officer's responsibility to fill out the lab request sheei=and submit
it to the property custodian with the evidence.
8. All items taken due to search, arrest or for safekeeping a`e re4dred
to have receipts issued to the person it is taken from. If yoia arEEMot °
able to print a copy of the computer generated PCF ther�a
handwritten PCF may be used.
cn
9. No hazardous substance shall be brought into the police
department.
10.AII drugs must be weighed on a designated scale and/or counted
prior to securing them in the evidence locker.
'drugs/paraphernalia are confiscated and submitted without any
need to maintain (i.e. found on public right of way, and/or taken off
of an individual being charged with something NOT PCS or PDP
related) indicate on the property sheet and the packaging that
they're being submitted for destruction.
11. Weapons shall be secured to the extent possible prior to their
submission to the Property Custodian.
12. Undeveloped film and digitally recorded images shall be submitted
along with the corresponding CST sheet to the property custodian.
13.If a vehicle is impounded because it is evidentiary in nature, a
property sheet shall be filled out in addition to the vehicle impound
report.
14.If an item demands freezing or refrigeration, the item may be
packaged and turned directly over to the Property Custodian. If it is
not possible to directly turn the item over to the property custodian,
it may be sealed (in such a manner so as to detect tampering) and
placed into the police department evidence
freezer/refri erator. n-duty supervisor shall be notified and
a atch to watch until the property custodian
takes possessi WFbiological substances are collected and/or
stored in the CST' lab, please notify Evidence via email that said
substance needs to be collected from the lab and make notation on
the property sheet with any other evidence being submitted related
_ to the same case.
v
15. Cash will only be seized for the following reasons: evidence
in a crime, forfeiture procedures, safekeeping (no one
available to take control), and lost and found. i=
N)
a. Cash Seized as Evidence in a Crime or Forfeiture
1. Unless approved by a supervisor officers sfiahnot
seize cash as evidence or for forfeiture when the .-
dollar amount is under $500. `n
b. Cash Seized for Safe Keeping or Lost and Found
Officers shall seize all cash taken for safekeeping or
lost and found.
C. Counting, Packaging, and Labeling
All cash obviously less than $500 will be counted and
documented on a PCF and submitted to the Property
Custodian. If the amount is obviously over $500 refer
to section D below on packaging and labeling.
If an officer is uncertain if the amount of cash is
greater or less than $500, they should assume it is
more than $500 and use that procedure. Officers
should also be mindful that any amount less than
$500 will not be forfeited. and should have some
other justification for seizing the cash.
3. All cash obviously over $500 dollars will be placed
uncounted in a plastic envelope designed for that
purpose then sealed. This process will be witnessed
by two officers who will then sign the evidence
envelope orbag' in the designated place. If the own -el
1W. of the cash is present and cooperative they shall
witness the money being sealed and also sign in the
designated place; As a last resort, if no evidence bags
are available, a Ziploc style bag may be used as long
as it is sealed completely with tamper evident tape.
The required signatures shall go on the taped seal.
The envelope will then be submitted to the Property
and Evidence Custodian using the PCF. The Property
and Evidence Custodian will not accept cash that is
not packaged in this manner. The Property an
Evidence Custodian* will take the envelope to the
counting authority (bank, City of Iowa City Utilities and
Revenue Division, etc.) where it will be opened and
counted. Cash that is also evidence will be retained
by the Property and Evidence Custodian. Cash that is
not evidence will be deposited. The envelope with the
signatures will be retained as evidence in either case.
"The officer currently assigned to the Johnson County
Joint Drug Task Force and the designated SCAT
officer may also take cash directly to the countipg
authority and submit the receipt (or the cash if iFis
evidence) along with the envelope to the P&pe and rc
Evidence Custodian. -^
C,
Daily the property and evidence custodian shall2posi£-all
money into the seized money or lost property a cc ount fnd
notify the sergeant of investigations and administrative
coordinator each time cash is taken in either as
evidence. The notification is to include the ICR, amount of
seized cash and a copy of the receipt if applicable.
e. The sergeant of investigations shall maintain all records of
cash seizures reported to them.
16. The following types of property will be logged on separate property
control forms:
a. cash
b. drugs and drug paraphernalia
C. firearms
d. electronic devices that store data including but not limited to:
cell phones, computers, computer lap tops, electronic
tablets, certain gaming devices
17. An ATF gun trace request will be sent on all firearms and a
response received before disposition of the weapon. ATF requests
should be made by the seizing officer to the sergeant of
investigations
18. All property/evidence must be logged into records and submitted
into evidence prior to the officer ending their tour of duty unless
approved by a supervisor.
B. Hazardous Substances
Biological Hazards
When collecting evidence which is biological in nature, -
officers should remain mindful of the potential hazards"which
may be present. When dealing with this type of evidence
officers shall follow the applicable precautions Md/or
procedures pertaining to blood borne pathogens I, Why!
submitting items, which may be contaminated wither _ ..
biohazard, officers shall observe the following
procedures. Property which possess a potential biohazard
but is not evidentiary shall be disposed of in an approved
manner, with documentation of the property and the manner
in which it was disposed of. A PCF shall be submitted to the
property custodian along with an incident report regarding
the circumstances under which the property was obtained
and the manner in which the property was disposed of.
a. Materials which have been contaminated, should not
be submitted or stored in plastic containers but
packaged so as not to degrade or contaminate other
items.
b. All items which may be contaminated shall clearly
indicate such on their package. It should also be
noted on the incident report.
C. When placed in temporary storage, the compartment
containing the object should be clearly marked as
containing a potential hazard.
d. Officers shall follow departmental decontamination
procedures upon exposure to biohazards.
e. The property custodian will secure the contaminated
object in such a manner as to maintain the evidentiary
value of the item.
Officers unsure as to the procedure for handling the
contaminated item shall contact a CST or the watch
supervisor.
Perishable food items should be photographed and
documented and returned to the owner or properly
disposed of.
Hazardous Materials
Upon the collection of items that are hazardous in nature
such as chemicals, flammable liquids or explosives, the
items should be photographed and stored in designate
areas or arrangements made for immediate transport to a
designated lab. These items shall have a copy of'thE�PCF ._ ;..j
attached to them, with the computer generated;or; _ ~~
handwritten originals being submitted to the pr6pertyi7a
custodian along with a copy of the incident rep indieatin9 � t
the type and amount (estimated if necessary)_�G"- e
hazardous material along with its location. Ata7 o tirn shall
these items be taken to the Police Department. Officers
should limit the collection of these types of items to evidence
or contraband. Before taking control of these types of items
for other reasons, the watch supervisor should be contacted
for guidance.
Fireworks shall be disposed of in accordance with
departmental guidelines.
3. Pest Infestation
When considering the collection of items that have a pest
infestation such as cockroaches, and/or bedbugs,
officers should consult with the on -duty supervisor to
determine if the items should be photographed or seized.
If it is determined that the property is to be seized the
following procedures should be considered to prevent their
spread unless doing so would compromise the integrity of
the collection:
vacuuming
running items through a dryer on high heat
placing items in a sealed plastic bag in a freezer
At no time shall these items be taken to the Police
Department. Any item seized that is believed to be infested
will be submitted and stored at the department's off -site
storage facility. Said items will have a written warning
posted on the exterior of any packaging advising of the
infestation. When submitting evidence to the off -site storage
area the property custodian will be notified by the submitting
officer.
C. Property Management
Property Custodian Responsibilities ti
-r -, C_
a. Intake c
_
i. Empty evidence lockers daily, MendayTHroug'h
Friday.
ii. Verify the documentation with tte sub mftted
evidence u,
a) weigh and/or count drugs
b) count money if not submitted in sealed
bag
c) match description listed on "Property
Control Inventory" with item(s) and
report any discrepancies to the
submitting officer, their immediate
supervisor, and the commander of
support services.
iii. Enter the items into the property
computer system making notation of any
discrepancies.
b. Storage
Place the property/evidence in proper
containers and mark the incident
number clearly on the outside of the
container
ii. Store the property/evidence in its
designated secure area
a) Drugs: high risk evidence room
b) Currency: All currency submitted to the
property custodian that is not actual
evidence shall be deposited at the
approved financial institution with the
change in custody being recorded on
the PCF. The evidence custodian will
retain all receipts from each deposit. If
currency from multiple incidents is being
deposited at the same time, each will
require a separate deposit and receipt.
c)
Guns: high risk room __
d)
Articles subject to -b
spoilage/deterioration-refrtgpratory
r
e)
All other: metal shelf areajyrn'; :X
--
secured storage area local ecToff`
`
site. Off -site storage will have
can
the same storage guidelines as
those items stored in the on -site
evidence room.
f) Exceptional items: items that are
deemed more sensitive or
valuable in nature should be
stored in the high -risk room or a
safe within the evidence room.
g) The property/evidence storage location
will be noted on the "Property Control
Inventory". The original stays in file in
the evidence room and pink copy is
forwarded to the case file in Records.
2. Submission of Evidence to Labs
When possible, evidence should be submitted to the
appropriate accredited laboratory within five working days of
collection. Officers who have evidence needing to be
sent to an outside agency shall complete the required
PCF making sure the chain of custody section has
been filled out. The officer shall also fill out a DCI lab
BEAST form, indicating the test desired. If the
submission is requesting DNA analysis the officer shall
complete the DCI DNA Pre -Log questionnaire and submit it
with the evidence. The property custodian shall package the
evidence for shipment to outside labs and fill out the chain of
custody information on the PCF. The property custodian
shall maintain the records pertaining to the shipment,
receipt, and return of evidence to the Iowa City Police
Department. Blood kits shall be sealed per the instructions
and submitted to the property custodian along with the
evidence sheet. The property custodian will package the kit
for submittal, following the above -mentioned
procedures. The results of the test shall be re"ij tied jthe .,-. .
Property Custodian, with the original being suti� tf d�6
records and copies going to the originating officers
3. Transfer of Evidence
Whenever evidence is transferred from the property rQem,
the following procedures shall be adhered to: Cn
a. In instances where the evidence needs to be removed
from the property room, the property custodian shall
document the change of custody on the chain of
custody section of the PCF. The receiving person
shall sign upon receipt of the evidence and note the
date and time of the change of custody along with the
reason for the transfer of the property.
b. The member receiving the evidence assumes control
and responsibility for ensuring its security, storage
and maintenance.
C. Upon return of the evidence, the returning party shall
fill out the chain of custody section and the property
custodian will sign upon receiving and confirming the
evidence being returned. The date and time will be
included on the change of custody section.
d. When property is needed for legal proceedings, the
person receiving the notice of the request should
notify the property custodian of the date on which the
property will be needed. In any event, the property
custodian should be notified no less than 2 days prior
to the date on which the property will be needed.
e. When evidence is removed from the property room for
processing by the Iowa City Police Department, the
aforementioned procedures shall be adhered to.
d. When evidence is transported or shipped to an
outside agency for testing, the property custodian will
document the change of custody, including the
destination, date of shipment, manner of shipment,
return of service for the shipment and return of the
evidence being processed.
0
Disposition of Property
The Iowa City Police Department will attempt to riirn i",
property to its rightful owner. In the case of foun�zYr �
recovered property, the property custodian will tak'.`the�
statutory steps to contact rightful owners. When an itemlS
claimed, the receiving party shall sign a receipt C-n
acknowledging the receipt of the property. When unable to
contact the person(s) who may legally claim the property, the
property custodian shall take appropriate steps to locate and
notify a legal claimant. In instances where the rightful owner
does not respond within the prescribed time, the property will
be sold at public auction or otherwise disposed of as allowed
by law.
In instances where contraband has been seized and is not
required for evidence and is not subject to return to the party
from whom the property was seized, the initiating officer may
dispose of the property after providing a receipt to the
person in possession of the property. Unless disposed of by
the officer, the officer shall submit the property to the
property custodian, with a follow up sheet attached,
requesting the property custodian dispose of the property. In
instances where the property has been seized and
destroyed, the incident report shall be completed by the
disposing officer and state the circumstances surrounding
the incident and the manner in which the property was
disposed. The exceptions to this paragraph are drugs,
narcotics and fireworks.
Drugs and narcotics, whether seized as contraband or taken
as evidence, shall be disposed of in the manner approved by
the Johnson County Attorney. Officers shall turn all
confiscated drugs or narcotics over to the property custodian
regardless of whether the subject from whom they were
seized is charged or not. Drugs, narcotics and fireworks
shall not be disposed of in any manner other than that
prescribed by the Iowa City Police Department.
Evidence shall be disposed of upon notification from the
clerk of court that the case has been resolved, and the
appeal process has expired or been exhausted. The
property should be returned to the rightful owner within 180
days. If the rightful owner is unknown, or fails to recover the
property within 90 days after notice, the property custodian
shall dispose of the property consistent with departmental
guidelines.
c
Seized property which is no longer required a6r &ide ce or
for use in an investigation shall be returned taT1heovMer as
soon as possible without the requirement of a[ieairing,
provided that the person's possession of the properttus not...: ;
prohibited by law and there is no forfeiture claim on behalfeH'
the state. v-
cn
The owner/possessor of the property will be notified
by certified mail (last known address) that they have
30 days to respond to the Police Department to claim
the items.
If there are more than one owner/possessor making
claim to the property, the matter will be turned over to
the clerk of court.
If there is no claim made to the property within the 30
days, the property will be deemed as abandoned and
disposed of under the guidelines as set out for "Found
Property".
Disposition of all property will be noted on the property form.
All documentation concerning the property will be submitted
to Records.
Seized and forfeited controlled substances, weapons or
explosives will not be used for training, investigative or
operational purposes. Any controlled substances utilized for
canine training shall be obtained from the Drug Enforcement
Agency.
5. Disposition of Vehicles Seized as Evidence or Search
Warrant
Officers seizing a vehicle as evidence or for search warrant
service will complete a vehicle impound report and a
property sheet. Vehicle impound reports for vehicles seized
as evidence will be submitted to the station masters and held
in a separate file in the station master's office.
If seized vehicles are held at a paid storage facility the
seizing officer is responsible for the timely notification and
release of the vehicle to the owner.
Vehicles being held long term as evidence or for forfeiture
will be stored at the department's off -site storage facility.
On a weekly basis an assigned station master will que'j the
status of each vehicle in this category with the: eizine-fficer .•-
and provide a summary of the status of all vehicles,seTzed as.-
evidence to the commander of support services-.'- —
6. Disposition of Electronic Devices --'
Seized electronic devices, including cell phone, computers,
lap tops, tablets, and certain gaming devices, for the ,
purpose of recovery of digital forensics/data extraction shall
be returned to the owner once the extraction is complete and
there is no unlawful material on the device under the
following circumstances:
For all simple, serious, and aggravated
misdemeanors, unless approval has
been sought and obtained from a prosecuting
attorney. Documentation of this shall be made to the
case file by the seizing officer.
For any device that is no longer required as evidence
or for use in an investigation.
The seizing officer will notify the owner of the device and the
property custodian of any device that has been approved for
release.
Inquiries from owners regarding the status of seized
electronical devices shall be directed to the seizing officer.
7. Release of Firearms
Prior to the release of any firearm, the officer or Evidence
Custodian releasing the firearm shall conduct all appropriate
Criminal History/NCIC checks on the firearm and the party
claiming it to ensure they are not prohibited from possessing
it.
If there is no registration or bill of sale and there is an
ownership dispute, do not release the firearm and refer the
parties to the appropriate civil court.
If there is no registration or bill of sale but there is no
ownership dispute, release firearm to last person who
possessed it or to the person identified as the owner by the
last person who possessed it. :4-4
In all cases, the party claimin the firearm is re aired to
dis la a current icture ID �rmit to Ac
,issuing authority q tl
tur de. Copies of thes
n u!I mado „ �! a i rQnme part of the ,Qasad
8. Designated Secure Areas
All property seized or controlled by the department shall be
stored within designated secure areas. Below is a list of
secure areas utilized by the department and persons with
access:
Property/evidence storage lockers. All officers have
access until a locker is secured then only
property/evidence personnel have access.
Property/evidence room. Only property/evidence
personnel shall have access. All visitors must sign in
and be accompanied by property/evidence personnel
at all times.
Department crime laboratory. Only department crime
scene investigators shall have access to this room.
Entry into the room shall be recorded electronically.
Individual lockers will only be accessible to an
assigned cst and the cst supervisor. Evidence being
processed will be secured or sealed with tamper tape.
Out -door off -site storage lot. All officers and,
community service officers have acce",tp tNA. lot for: -
the purpose of storing bicycles and lorl,�termrs'eizure ,
of vehicles. Vehicles being held as evidence Aall tie
secured and sealed with tamper tape. —
_
vz
Out -door off -site storage lockers locateirrout-Stoor
off -site storage lot. All officers and community'Tervice
officers have access to these lockers for the purpose
of short term storage of transient community
members personal items that have been incarcerated.
FMOM Off -Site evidence storage: O =si
evidence storage shall only be accessible to the
property/evidence custodian, evidence sergeant, CSO
assigned to evidence and the support services
assistant. Anyone else needing access shall sign into
a log and be accompanied at all times by someone
authorized to be in the area. A secure rental until shall
be acquired. The off -site storage will be used to to
secure large or overflow evidence Serxaa
n!it The off -site storage shall be locked at all times. An
alarm system shall be in place to notify
Property/evidence station ma s ersonnel of an
entry or fire alarm activations.
Evidence/property personnel shall inspect the rental
unit on a monthly basis to ensure it has not been
compromised.
Electronic Forensic Investigator's Office: The officer
assigned to this position and the commander of
support services will have access to this office.
- Evidence/Property Return Lockers: These lockers
are managed by evidence personnel and utilized to
return evidence to officer and property to the public
when evidence personnel are not working.
D. Inspections
On an annual basis the property custodian will submit to the
commander of support services a report listing all of the property
under the control of the Iowa City Police Department. The report
shall include the date of intake.
At least semi-annually the commander of support services or
designee shall conduct an inspection to confirm adherence to
procedures used for property control. This inspection will, further
ensure that the property areas are being maintained in a clean and
orderly fashion, that property is being protected from damage or
deterioration, and that proper accountability procedures are being
maintained. This inspection shall also consist of verifying the
property of at least five (5) separate incidents and accompanying
documentation.
The Chief of Police or designee will conduct unannounced
inspections of the property storage areas at least once a�ffear.
These inspections will be done by persons not directly -responsible
for property control functions. These inspections will consist.f the%" y
checking of the actual property of at least ten (10) separatery--°
selected incidents and all accompanying documentations;
" sM
The Lieutenant of Criminal Investigations shall conduat.`an OnualrD
audit of property held by the Iowa City Police Department.. This
audit is to ensure the integrity of the system but does not req fie an
accounting for each item of property. This audit shall consist of a
significant representative sampling of the property including high
risk items (e.g. controlled substances, currency, guns, and other
valuables. This audit should also ensure that the integrity of the
property area is being maintained pertaining to security and the
condition of the property being held by the department.
In the event that a piece of property cannot be accounted for, the
Property Custodian shall notify the Commander of Field
Operations, who shall assign a Lieutenant to work with the Property
Custodian to clarify the status of the property. If the status cannot
be resolved, the Commander of Field Operations shall initiate an
internal investigation relating to the property in question. The
results of this investigation shall be forwarded to the Chief of Police
and the Commander of support services. Upon completion of the
investigation, the status of the property shall be entered in the case
file.
Upon the appointment of a new property custodian, an inventory of
the property in control of the Iowa City Police Department shall be
conducted to ensure the integrity of the property and that records
are complete. The inventory shall be conducted by the outgoing
property custodian, the newly appointed property custodian and a
supervisor designated by the Chief of Police or his/her designee. All
high -risk items such as money, precious metals, jewelry, firearms,
and drugs and a sufficient number of other records will be reviewed
to ensure the integrity of the system. Any discrepancies should be
recorded prior to the newly appointed property custodian assuming
responsibility. Discrepancies shall be handled in the manner
mentioned above. A written report documenting the change of
custodian inventory shall include a listing of all propertyin conl of
the Iowa City Police Department upon the departure of VhQ ouving `Tt
property custodian. T —+
All property control inspection reports shall be subm0ed tQJhe
Chief of Police with copies going to the Commander=ofjsupport
services, Commander of Field Operations, LieLit nt-7 of
Investigations, and officer in charge of accreditation. 47'
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.
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
July 2021
Date Description
None
August 2,2021 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #20-02
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:
06/30/21
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):
07/13/21
CPRB meeting #5 (Review):
08/02/21
CPRB meeting #6 (Review):
??/??/21
CPRB report due (90 days): 04/28/21
Extension Request: ??/??/21
CPRB report due (90 days): 09/28/21
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):
07/13/21
CPRB
meeting
#5 (Review):
08/02/21
CPRB
meeting
#6 (Review):
??/??/21
CPRB report due (90 days): 04/28/21
Extension Request: ??/??/21
CPRB report due (90 days): 09/28/21
August 2,2021 Mtg Packet
CPRB Complaint #20-06
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):
CPRB Complaint #20-07
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 report due (90 days):
Extension Request:
CPRB report due (90 days):
08/19/20
11 /17/20
12/15/20
02/01 /21
01/28/21
06/30/21
06/30/21
02/09/21
03/09/21
03/26/21
04/14/21
07/13/21
08/02/21
??/??/21
04/28/21
??/??/21
09/28/21
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
07/13/21
08/02/21
??/??/21
04/28/21
??/??/21
09/28/21
August 2, 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
07/13/21
08/02/21
??/??/21
04/28/21
??/??/21
09/28/21
TENTATIVE MEETING SCHEDULE
September 20, 2021
October 12, 2021
November 9, 2021
December 14, 2021
The following documents were handed
out during the meeting.
Chris Olney
From: orville.townsend@hotmail.com
Sent: Friday, July 30, 2021 10:41 AM
To: Chris Olney
Cc: Orville Townsend
Subject: Fwd: Re: Information for CPRB members
Attachments: We sent you safe versions of your files; Financial Affidavit 2021 INTERACTIVE.pdf
A
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Chris, please send this to Board members so they will have it for the meeting.
Thanks, Orville
Sent from Tohsoft.Mail for mobile
----Forwarded Message---- From: ppersaud@spd.state.ia.us To: orville.townsend@hotmail.com Date: 27 Jul Subject: Re:
Hi Orville,
Our office represents indigent individuals charged with crimes punishable by imprisonment up to one year and
greater. We do not handle simple misdemeanor charges. Individuals in need of our legal representation will need to be
appointed by the court. A form to apply for our services is attached. Once the form is filled out, it needs to be filed
with the Clerk of Court at the Johnson County courthouse. We typically ask the court to waive all attorney fees for our
services. I can provide an attorney for consultation to the Board. Hope this helps clarify our role in the criminal justice
system.
Peter
On Mon, Jul 26, 2021 at 7:07 PM <orville.townsend@hotmail.com> wrote:
I am a member of the Community Police Review Board and I would like to speak to someone from your office to see if
you would be interested in participating in service we are attempting to make available to individuals we work with. I
would appreciate it if you would contact me as soon as possible.
Thank you, Orville Townsend
319)331-3482
Sent from Tohsoft.Mail for mobile
23 Jul from smcwilliamsC@spd.state.ia.us:
Orville Townsend of the Community Police Review Board came to the office to speak to you. Please call
him at 319-331-3482 or contact him through the email address above.
Sarah Darrow
Secretary
Iowa City Public Defender Office
725 S. Clinton St., Suite A
Iowa City, IA 52240
Peter Persaud -
Public Defender's Office
725 South Clinton St. Ste. A
Iowa City, IA 52240
319.631.7272
IN THE IOWA
STATE OF IOWA
No(s)
v.
COUNTY
FINANCIAL AFFIDAVIT/
APPLICATION FOR COUNSEL
DEFENDANT.
PLEASE PRINT LEGIBLY SO YOUR ATTORNEY CAN CONTACT YOU!
Report any contact changes to your attorney AND to,john,soiz.county.clerk@ion�acotirtr.gov
NAME:
MAILING ADDRESS:
P.O. Box, City, State OR Street address with Apt #, City/State/Zip
ALTERNATIVE CONTACT INFO:
E-MAIL:
Do you have a job? ❑ No ❑ Yes, full time ❑ Yes, part/time hours/week
How much money do you make? $ /hr OR $ /yr (salary)
Do you support children/dependents? ❑ No ❑ Yes --how many?
Spouse/partner income? ❑ N/A ❑ No ❑ Yes —how much?
Any assets worth more than $500 (house, vehicle, land, bank account, investments)?
Regular bills/debts (rent, mortgage, medical, student loans, credit cards, child support)?
I understand I may be assessed attorney fees, based upon my reasonable ability to pay.
I promise under penalty of perjury that this information is true and correct.
DATE SIGNATURE
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