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HomeMy WebLinkAbout07-12-2022 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: July 1, 2022 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, JULY 12, 2022 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 7/12/22 • Minutes of the meeting on 6/14/22 • ICPD General Order 99-03 (Prisoner Transport) • ICPD Use of Force Review/Report — March • ICPD Memorandum — Quarterly Summary Report IAIR/CPRB, 2nd Qtr. 2022 • Memorandum to CPRB Board dated June 20, 2022 re: Proposed Revision to Ordinance 8-8 • Memorandum to CPRB Board dated June 20, 2022 re: Proposed Revisions to the CPRB Bylaws • Office Contacts — June 2022 • Complaint Deadlines • CPRB Contacts AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY, JULY 12, 2022 — 5:30 P.M. DALE HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 ITEM NO. 5 ITEM NO. 6 ITEM NO. 7 ITEM NO. 8 ITEM NO. 9 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 06/14/2022 • ICPD General Order 99-03 (Prisoner Transport) • ICPD Use of Force Review/Report March • ICPD Memorandum — Quarterly Summary Report IAIR/CPRB, 2nd Qtr. 2022 NEW BUSINESS • Proposed Revisions to the CPRB Bylaws • Language Interpretation Options • CPRB Board Powers (8-8-8(B)(1) "On its own motion, by a simple majority vote of all members of the board, the board may file a complaint." OLD BUSINESS • Proposed revisions to Ordinance 8-8 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). BOARD INFORMATION STAFF INFORMATION MEETING SCHEDULE and FUTURE AGENDAS • August 16, 2022, 5:30 PM, Helling Conference Room • September 13, 2022, 5:30 PM, Emma J. Harvat Hall • October 11, 2022, 5:30 PM, Emma J. Harvat Hall 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 If you will need disability -related accommodations in order to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tammy-neumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. CPRB-Page 2 July 12, 2022 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 — JUNE 14, 2022 CALL TO ORDER: Chair Amanda Nichols called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Ricky Downing, Jerri MacConnell, Saul Mekies, Amanda Nichols, Orville Townsend MEMBERS ABSENT: Melissa Jensen, Stuart Vander Vegte STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Chief Dustin Liston, CPRB Liaison — Councilor Laura Bergus RECOMMENATIONS TO COUNCIL (1) Accept CPRB Community Forum Summary Letter (2) Accept CPRB #22-08 Report CONSENT CALENDAR Motion by Townsend, seconded by Downing to adopt the consent calendar as presented. • Minutes of the meeting on 05/10/2022. • ICPD Use of Force Review/Report of February 2022 Motion Carried 5/0, Jensen and Vander Vegte absent. NEW BUSINESS None OLD BUSINESS Community Forum: The Board reviewed the Community Forum draft summary letter. Motion by MacConnell, seconded by Townsend, to accept and forward the Community Forum Summary Letter to City Council. Motion carried 5-0, Jensen and Vander Vegte absent. Proposed Revisions to Ordinance 8-8: Legal Counsel Ford noted that the draft ordinance changes discussed at the May CPRB meeting were forwarded to City Council. One minor change was requested by the City Attorney's office to a sentence that reads "...Police Chief and/or City Manager..." be amended to "... Police Chief or City Manager..." CPRB June 14, 2022 Ford went on to review the draft proposed addition to Ordinance 8-8 as requested by the Board. The addition would allow for the City Clerk to contact a complainant for clarification of a report when requested to do so by the Police Chief and/or the Board. It further states that "if the complainant fails to cooperate with the City Clerk in this regard, such failure may be grounds for finding the complaint to be not sustained." Townsend expressed his concern about the font size on the electronic forms. Neumann reported that the City Clerk is working with the I.T. department and is awaiting a response. He also added that in addition to some reports being illegible, others may be too vague. Nichols shared her concerns with the draft ordinance addition, specifically regarding the tone stating that it seems unnecessarily authoritarian. She suggested changing "fails to cooperate" to "chooses not to clarify." Townsend replied that perhaps if they are unable to provide what is needed that they also be given the opportunity to attend a meeting in person. He proposed that "phone conversation" be added to the text of the ordinance. Ford responded that he believes that is implied in the draft. Nichols suggested that text be added that a request may be made to the City Clerk to contact the complainant offering that they may come in person or clarify over the phone. She also suggested that the word "illegible" be changed to "incomprehensible," explaining that there may be other issues beyond the handwriting that can make a report difficult to understand. Ford explained that this is why a complainant is given 21 days to respond to the Chiefs report. Nichols proposed that she and Ford work to amend the draft as written and bring it back to the July meeting, the Board agreed. PUBLIC DISCUSSION None BOARD INFORMATION Nichols requested that the following two items be added to the July agenda under New Business for further discussion. 1) Interpretation services available and 2) Potential board -initiated investigations. STAFF INFORMATION None MEETING SCHEDULE and FUTURE AGENDAS • July 12, 2022, 5:30 p.m., Helling Conference Room • August 9, 2022, 5:30 p.m. Emma J. Harvat Hall (rescheduled to August 16) • August 16, 2022, 5:30 p.m., Helling Conference Room • September 13, 2022, 5:30 p.m., Emma J. Harvat Hall MacConnell and Mekies both announced that they will be absent for the August 9 meeting. MacConnell offered that she may be able to attend remotely. The Board determined that it would be best to reschedule the August 9 meeting. Motion by Nichols, seconded by Townsend, to move the Tuesday, August 9, 2022 meeting to Tuesday, August 16, 2022 due to the absence of two board members. CPRB June 14, 2022 Motion Carried 5/0, Jensen and Vander Vegte absent. EXECUTIVE SESSION Motion by MacConnell, seconded by Townsend, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that govemment body if they were available for general public examination. Motion Carried 5/0, Jensen and Vander Vegte Absent. Open session adjourned at 5:53 p.m. (After executive session adjourned and prior to returning to regular session) Townsend asked if it is necessary for the Board to review and vote on summary dismissals. Ford explained that the purpose of a summary dismissal is that the Board only has to vote to agree to dismiss based on the Police Chiefs recommendation and is not required to have any further discussion- Townsend asked if there was a disadvantage to changing this requirement. Ford noted that it could be an issue if the complainant disagrees with the Chief's report. REGULAR SESSION Returned to regular session at 5:58 p.m. Motion by Townsend, seconded by Downing, to summarily dismiss CPRB Complaint #22-08 per City Code Section 8-8-3(E), "Only those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not filed within one hundred eighty (180) days of the alleged misconduct may be subject to summary dismissal by the board." Motion Carried 5/0, Jensen and Vander Vegte absent. Motion by Townsend, seconded by MacConnell to accept the report for CPRB Complaint #22-08 and forward to City Council. Motion Carried 5/0, Jensen and Vander Vegte absent. ADJOURNMENT Moved by Nichols, seconded by Townsend, to adjourn the meeting at 6:00 p.m. Motion carried 6/0, Vander Vegte absent. 6/14/22 x 0 x X x j X c N c O x X X X x i X O 04/20/22 FORUM X X X X X I X X N N o er 0 X X X X O j X X 03/08/22 1 I x x X i x j N oN N O ! 1 X X X I X i N N 0 E 1 X x X 0 x E i < 0 x 1 ON 11 I I X X X X o 1. ( I X X x X x N 0 f i X X X X X o N O� € i X X X X X o M ex X X X X X N N 00 I X X X X X N M n I X X X X X r4 v I x i X j x W a Z Ricky Downing Melissa Jensen d O O �� 4X Saul Mekies Amanda Nichols L y m b0 d� r FV) Orville Townsend Stuart Vander Vegte rA C• 4 i r 5°> 11 y m �+ X�zz 20 0z 1 Redline Version Red highlights are deletions Green highlights are additions OPS -09.1 PRISONER TRANSPORT Original Date of Issue March 17, 1999 General Order Number 99-03 Effective Date of Reissue June 30, 2022 Section Code OPS -09 Reevaluation Date June 2023 Amends OPS -09 Previous Version C.A.L.E.A. Chapter 70 INDEX AS: • Use of Force • Prisoner Transport • Handcuffing I. PURPOSE The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. H. POLICY Transporting prisoners is a potentially dangerous function. Therefore, it is the p©Iicy of the Iowa City Police Department to take the precautions necessary while transporting prisoners to protect the lives and safety of officers, the public and the person in Custody. • 1 OPS -09.2 111. PROCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact and outer door latches in proper working order. c. Rear -seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination. B. Handcuffing/ Use of Restraints 1. Officers should handcuff (double -locked) all prisoners with their hands behind their back and palms facing outward. 2. The officer may handcuff the prisoner with his/her hands in front, or use other appropriate and approved restraining device(s) where the prisoner: a. is in an obvious state of pregnancy; b. has a physical handicap; c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he/she poses a threat to himself, the officer, to the public, or to prevent escape. 2 OPS -09.3 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. 7. Prisoners shall not be handcuffed together. 8. Restraints used on juveniles or adults during transport to a detention facility shall only be removed once the juvenile or adult has reached a secure area and in accordance with the facility's policy. Restraints used on juveniles or adults during transport to a non -detention facility such as a local department to conduct OWI Processing or interviews, shall only be removed once the juvenile or adult has reached a secure area at that location. C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband by transporting personnel. 2. Prisoners should never have property on them once arrested and transported. All property should be placed in an appropriate envelope and turned into detention staff, or, returned to the prisoner upon release from custody. Officers should allow a prisoner the opportunity to use a cell phone when requested and reasonable. Large items such as backpacks, suitcases, etc. should be: a. properly packaged, labeled, and inventoried with the contents being entered into TAC 10 or listed on a property control form and properly packaged or; b. properly packaged and labeled with the opening secured with a plastic evidence tag or evidence tape and entered into TAC 10 or listed on a property control form and; c. placed in temporary storage or submitted to evidence 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high- risk prisoners. In particular: a. combatants should be transported separately; b. members of rival gangs should be transported separately. 6. Prior to initiating transport, the officer should provide Communications with the following information: 3 OPS -09.4 a. arrest location and destination; b. mileage reading before and after the transport of juveniles or members of the opposite sex; c. number of persons being transported; d. nature of the charge(s). 7 The officer should assist the prisoner(s) into the squad car, taking care to avoid the prisoner(s) striking their head on the vehicle. Prisoners should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video shall activate the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Transportation of a prisoner in a vehicle without a cage requires supervisor approval and should only occur when a vehicle with a cage is unavailable or there is a reasonable or extenuating circumstance. b. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. c. When a prisoner is being transported in a two -officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. d. Leg restraints should be used when a prisoner exhibits, or an officer reasonably believes the prisoner is likely to engage in, violent behavior or is an escape risk. e. A solo transporting officer shall not transport more than one prisoner in a vehicle without a screen. f. Prisoners may be instructed not to speak to each other, or have contact with outside parties during the transport process. g. Prisoners should be secured in a seatbelt during transportiA the officer(s) feel they can safely do so. Prisoners shall be transported with a seat belt properly secured unless the safety of th person in custody, or officers may be compromised by securing And seat belt. Exceptions may include prisoners who are combative,. 1_pitting, hobbled, or unable to wear the seat belt as designed. :•'xceptions to this requirement must be documented in the associated police report. 4 OPS -09.5 9. The physical wellbeing of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. b. Escorting officers shall remain with the patient at all times unless relieved by other authorized personnel (this may include medical staff). c. Potentially violent persons in custody shall be restrained at all times in treatment facility unless such restraint would interfere with essential treatment. d. In the event a prisoner who has committed a serious offense is admitted to a hospital, long-term security may be appropriate. In such cases the supervisor of the arresting officer shall design a schedule that permits 24-hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility. The transporting officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with, but not necessarily in the possession of, the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit, transport van, or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non -life threatening yet serious situations, officers should call for back-up assistance and may remain on -hand until such assistance has arrived. 5 OPS -09.6 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The officer shall ensure that the watch supervisor is notified. The officer shall complete a report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and shall ensure that visual contact is maintained with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. Officers shall abide by all Departmental directives pertaining to prisoner/detainee processing and weapons security. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the wellbeing of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to the prisoner holding van will check handcuffs of prisoners and make sure they are properly adjusted before prisoners are placed in the vehicle. The officer will inform dispatch of the check and the prisoner's name. At regular intervals, the officer will verbally check with the prisoners to make sure no problems have developed. If a problem develops, with two officers present and at the officer's discretion, the prisoner may be removed from the vehicle and the handcuffs or other problem checked. All checks will be noted in the CAD log. 18. Upon arrival at the Johnson County Jail, weapons shall be secured in the provided lockers. 19. Prisoners are considered in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 20. Persons who are transported for noncriminal procedures should be patted down and seated as indicated above. The officer will decide if the use of restraints is warranted. 21. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and 6 OPS -09.7 prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officer's name should be included on the appropriate form. 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 higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. 7 OPS -09.1 PRISONER TRANSPORT Original Date of Issue March 17, 1999 General Order Number 99-03 Effective Date of Reissue June 30, 2022 Section Code OPS -09 Reevaluation Date June 2023 Amends OPS -09 Previous Version C.A.L.E.A. Chapter 70 INDEX AS: • Use of Force • Prisoner Transport • Handcuffing I. PURPOSE The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. 11. POLICY Transporting prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while trarorting prisoners to protect the lives and safety of officers, the public and the person in custody. CP, • 1 OPS -09.2 111. PROCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact and outer door latches in proper working order. c. Rear -seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination. B. Handcuffing/ Use of Restraints 1. Officers should handcuff (double -locked) all prisoners with their hands behind their back and palms facing outward. 2. The officer may handcuff the prisoner with his/her hands in front, or use other appropriate and approved restraining device(s) where the prisoner: a. is in an obvious state of pregnancy; b. has a physical handicap; c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he/she poses a threat to himself, the officer, to the public, or to prevent escape. 2 OPS -09.3 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. 7. Prisoners shall not be handcuffed together. 8. Restraints used on juveniles or adults during transport to a detention facility shall only be removed once the juvenile or adult has reached a secure area and in accordance with the facility's policy. Restraints used on juveniles or adults during transport to a non -detention facility such as a local department to conduct OWI Processing or interviews, shall only be removed once the juvenile or adult has reached a secure area at that location. C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband by transporting personnel. 2. Prisoners should never have property on them once arrested and transported. All property should be placed in an appropriate envelope and turned into detention staff, or, returned to the prisoner upon release from custody. Officers should allow a prisoner the opportunity to use a cell phone when requested and reasonable. Large items such as backpacks, suitcases, etc. should be: a. properly packaged, labeled, and inventoried with the contents being entered into TAC 10 or listed on a property control form and properly packaged or; b. properly packaged and labeled with the opening secured with a plastic evidence tag or evidence tape and entered into TAC 10 or listed on a property control form and; c. placed in temporary storage or submitted to evidence 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high- risk prisoners. In particular: a. combatants should be transported separately; b. members of rival gangs should be transported separately. 6. Prior to initiating transport, the officer should provide Communications with the following information: 3 OPS -09.4 a. arrest location and destination; b. mileage reading before and after the transport of juveniles or members of the opposite sex; c. number of persons being transported; d. nature of the charge(s). 7. The officer should assist the prisoner(s) into the squad car, taking care to avoid the prisoner(s) striking their head on the vehicle. Prisoners should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video shall activate the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Transportation of a prisoner in a vehicle without a cage requires supervisor approval and should only occur when a vehicle with a cage is unavailable or there is a reasonable or extenuating circumstance. b. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. c. When a prisoner is being transported in a two -officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. d. Leg restraints should be used when a prisoner exhibits, or an officer reasonably believes the prisoner is likely to engage in, violent behavior or is an escape risk. e. A solo transporting officer shall not transport more than one prisoner in a vehicle without a screen. f. Prisoners may be instructed not to speak to each other, or have contact with outside parties during the transport process. g. Prisoners shall be transported with a seat belt properly secured unless the safety of the person in custody, or officers may be compromised by securing the seat belt. Exceptions may include prisoners who are combative, spitting, hobbled, or unable to wear the seat belt as designed. Exceptions to this requirement must be documented in the associated police report. 9. The physical wellbeing of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or 4 OPS -09.5 suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. b. Escorting officers shall remain with the patient at all times unless relieved by other authorized personnel (this may include medical staff). c. Potentially violent persons in custody shall be restrained at all times in treatment facility unless such restraint would interfere with essential treatment. d. In the event a prisoner who has committed a serious offense is admitted to a hospital, Tong -term security may be appropriate. In such cases the supervisor of the arresting officer shall design a schedule that permits 24-hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility. The transporting officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with, but not necessarily in the possession of, the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit, transport van, or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non -life threatening yet serious situations, officers should call for back-up assistance and may remain on -hand until such assistance has arrived. 5 OPS -09.6 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The officer shall ensure that the watch supervisor is notified. The officer shall complete a report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and shall ensure that visual contact is maintained with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. Officers shall abide by all Departmental directives pertaining to prisoner/detainee processing and weapons security. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the wellbeing of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to the prisoner holding van will check handcuffs of prisoners and make sure they are properly adjusted before prisoners are placed in the vehicle. The officer will inform dispatch of the check and the prisoner's name. At regular intervals, the officer will verbally check with the prisoners to make sure no problems have developed. If a problem develops, with two officers present and at the officer's discretion, the prisoner may be removed from the vehicle and the handcuffs or other problem checked. All checks will be noted in the CAD log. 18. Upon arrival at the Johnson County Jail, weapons shall be secured in the provided lockers. 19. Prisoners are considered in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 20. Persons who are transported for noncriminal procedures should be patted down and seated as indicated above. The officer will decide if the use of restraints is warranted. 21. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of 6 OPS -09.7 any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officer's name should be included on the appropriate form. 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 higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. 7 TO: Chief Dustin Liston FROM: Sgt. Andrew McKnight RE: March 2022 Use of Force Review DATE: June 30th, 2022 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on June 30th, 2022. It was composed of Sgt. McKnight, Sgt.K. Bailey, and Officer Alirio Arcenas. For the review of submitted reports in March, the Review Committee documented the following: • 42 individual officers were involved in 18 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. • Out of the 18 uses of force, all involved force being used against people. There were no other animals euthanized officers. • Out of the 42 officers involved in the 18 uses of force against people, 4 superficial injuries were sustained to a suspect and 1 superficial injury was sustained by an officer. • No violations of policy were noted during this review period. • Out of the 18 uses of force against people, arrests were made 18 times (100%). • Mental health was identified by officers as being a factor in ten of the uses of force used against persons (55%). • Drugs and/or alcohol was identified by officers as being a factor in thirteen of the 18 uses of force against persons (72%). +m � • Out of the 18 times force was used on persons, one was identified as white females (5.5%), f rte erg identified as white males (77%), four were identified as black males (22%). • Out of the 18 uses of force, the average number of officers involved in the force was 2.3 JUN 3 0 2022 • In total during this time, the ICPD had 4,912 calls for service with 18 calls for service resulting in force being used. City Clerk Iowa City, Iowa The highest level of force in each incident is reflected below along with the year-to-date: Force Used March 2022 Occurrences 2022 Year -to -Date Hands-on 10 29 Taser Display 4 5 Taser Discharge 2 3 OC Spray Deployment 1 1 Firearm(s) Display 1 5 Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/Kicking 0 0 Animals Euthanized by Officer 0 4 Special Response Team Callouts 0 1 Vehicle Pursuits 0 0 Officer Injuries 1 2 Suspect Injuries 4 7 Reports to U.S. DOJ 0 0 Total Use of Force incidents to date equal 52. Total calls for service in the same period equal 14,177. This results in a year-to-date use of force being deployed in .36% of our total year-to-date calls for service. IOWA CITY POLICE DEPARTMENT Use of Force Report March 2022 Watch Occurred and Officers Involved Date Incident Number Incident type Arrest Made Y/N Force Used Evening Watch — Two Officers 3/2 2022001554 Trespass Y Officers were dispatched business for reports of a trespass. Officers contacted female subject who they convinced to leave the store, however, the subject elected to stay on a nearby wall property refusing to leave. decision was made to arrest the subject and an officer hold of the subject's right with their hands, pulling the arm and holding it behind back. Another officer placed their hands on the subject's left wrist, pulling it and holding it behind her back. An officer placed handcuffs on both wrists. The subject continuously pulled away officers then became a dead weight refusing to walk towards a squad car. Paramedics were called evaluate the subject as she was claiming to have low blood sugar. The subject began to articulate suicidal ideations. The subject was told to stand and walk to squad car, but she refused. One officer took hold of her shoulders and the continued to refusclEi gkektiM planting her feet firmly on to a a on the A took arm her from to then the the March 2022 Use of Force Report 3 City Clerk Iowa City, Iowa ground and pu towards office officer took ho and they pick ground and e car. Once at refused to get and planted h cement leanin weight in such it difficult for h int the vehicle took their right on the subject guide her to t Another office left shoulder int the vehicle door. The su transported to she arrived at subject began of the vehicle get out. One her out of the their hands to the vehicle by subject then n wheelchair. 0 hands to push shoulders on subject contin towards office an officer used hold the subje preventing he officers and s the request of officers assist members with subject out of to a bed, whei into and chemicall medical pers o March 2022 Use of Force Report shing back rs. Another 'Id of her left arm ed her up off the scorted her to the I car she into the seat er feet on the g her body a way to make er to be seated . One officer hand, placed it 's left arm to he vehicle. r grabbed her and guided her and closed the bject was hospital. When the hospital the kicking the door and refused to officer had to pull vehicle by using pull her out of her feet. The efused to sit on a fficers used their her by the to the chair. The ued to kick out rs and staff and their hands to ct's legs, r from kicking sl members. At staff, both ed staff lifting the the chair and on re she was soft restraints y sedated by nnel. There March 2022 Use of Force Report were no injuries to the subject or officers. Evening Watch — One Officer 3/2 2022001563 Fight Y An officer responded for reports of a fight in progress. Once on scene an officer located a subject who ran into an area where the other party involved in the fight was believed to be located. An officer drew their taser to convince the subject not to engage in fighting again. The officer placed the red dot on to the subject's torso. The subject complied and was escorted out by other officers without issue. There were no injuries to the subject or officers. Late Night Watch — Three Officers 3/4 2022001597 Burglary Y Officers were dispatched to a burglary in progress involving a subject with a knife. When officers arrived on scene, they could see that a subject had forced themselves into an apartment, there was broken glass on the floor, a damaged door, and officers could hear a subject inside the apartment. Officers called out to the subject inside the apartment. Two officers had their tasers drawn and one officer had their sidearm drawn. A subject came to the door with his hands by his side. One officer had placed the red dot of the taser on the subject's torso until it became clear that the subject had nothing in his hands and was surrendering to police. The tasers and sidearm were holstered, and one officer took hold of the subject's left arm, another officer took hold of the March 2022 Use of Force Report March 2022 Use of Force Report subject's right arm and hand cuffs were placed on to each wrist. The subject was transported to jail. There were no injuries to the subject or officers. Evening Watch — One Officer 3/5 2022001634 Warrant Arrest Y An officer used their left hand to take control of the subject's right arm to place them into handcuffs. The subject pulled away from the officer and held his arms close to his chest. An officer took hold of the subject's hands and the subject continued to pull his arms away from the officer. Holding the subject's hand, the officer took their left arm and created an underhook and took hold of the subject's right wrist with their left hand. The officer used their right arm to move the subject's leg, causing the subject to fall to the ground. The officer- maintained control of the subject's right wrist by placing the subject in an arm bar. The officer pulled both of the subject's hands behind his back and placed handcuffs on each wrist. There were no injuries to the subject or officer. Late Night Watch — Two Officers 3/7 2022001678 Public Intoxication Y Officers responded near a residence for reports of an intoxicated subject causing a disturbance. Upon arrival, officers located the subject and learned that he had an active arrest warrant. An officer took hold of the subject's left arm with both of their hands, telling the subject to put his hands behind his back. The subject March 2022 Use of Force Report March 2022 Use of Force Report continuously pulled away in attempts to retreat into a residence. Another officer took hold of the subject's right wrist with both hands trying to place the subject's arm behind his back. The officers continued to pull the subject by the arms with both of their hands, telling him to comply and put his hands behind his back. The officers pulled the subject's arms behind his back as he continued to pull away. An officer put the subject's wrist into a wrist look to make it easier to handcuff him. The subject continued to turn his body away and was bent at the waist, so an officer pulled the subject `s left arm directing him to the ground. Once on the ground the subject continued to flail around so one officer sprayed the subject in his eyes with a chemical irritant. An officer took hold of the subject's right arm, pulled it behind his back and placed hand cuffs on each wrist. After the subject was repositioned to he began spitting on officers. The subject stood up and an officer held the subject up against the squad car with their right arm across the subject's back, holding the subject in place so that a spit hood could be placed over the subject's head. The subject was found to have a small cut on his wrist and was cleared by medical staff. There were no injuries to officers. March 2022 Use of Force Report Evening Watch — One Officer 3/8 2022001690 Domestic Dispute Y Officers were dispatched to a residence for reports of a domestic dispute. Dispatch advised that there was a collection of weapons in the residence and that a male subject had attacked his father with a firearm. Officers were also told by a family member that the subject was likely preparing weapons for use against responding officers. A decision was made to set up a perimeter, surround the home and call out the subject. Officers on perimeter had their weapons drawn as the subject was called out on the PA system. The subject came out and was taken into custody without issue. There were no injuries to the officers or subject. Evening Watch — Two Officers 3/8 2022001696 Public Intoxication Y Officers responded to a bar for reports of an intoxicated customer. Dispatch stated that the subject was angry and yelling inside the bar. Upon arrival, officers located the customer in the alleyway at the back of the business. The subject was placed under arrest for public intoxication and was handcuffed with two sets of handcuffs due to their size, without incident. While walking to the waiting squad car, the subject attempted to lead officers through a muddy area then refused to walk. One officer placed their arm under the subject's arm pit and assisted the subject to walk to the squad car, another officer pulled the subject's clothing by taking hold of the subject's March 2022 Use of Force Report March 2022 Use of Force Report coat, pulling him towards the vehicle. Once at the vehicle the subject refused to get into the vehicle. One officer pushed on the subject's upper body, pushing the subject into the vehicle. The subject exaggerated the push and jumped backwards into the vehicle, refusing to put his feet inside the vehicle. One officer went to the other side of the vehicle, took hold of the subject's clothing around the shoulder area with their right and left hands, and pulled the subject into the vehicle. The door was closed, and the subject was transported without injuries to the officers. The subject was treated for his level of intoxication at the hospital, and a small cut was found on the subject's wrist. The subject was released from hospital and transported to jail. Late Night Watch — Two Officers 3/9 2022001701 Welfare Check Y Officers were called to do a welfare check on a male that was passed out behind the wheel of a vehicle laying underneath a blanket. Dispatch advised that the subject was known to have weapons in his truck. Officers told the subject to show their hands, but he did not comply, instead, he fumbled around under the blanket. One officer grabbed the subject's left arm with their hands. The subject grabbed the officer's forearm then lunged towards the officer's face. The officer grabbed his clothing with both hands and the subject fell to the ground then got back up. March 2022 Use of Force Report Late Night Watch — Four Officers 3/10 2022001719 Bar Check Y Two officers placed their feet behind the subject's legs causing the subject to fall to the ground. One officer used their forearm to push on the subject's back keeping him on the ground. An officer then kneeled on the subject's shoulders to keep him on the ground while another officer placed their right knee on his thigh, pulled the subject's arms behind his back and completed the handcuffing process. There were no injuries to the subject or the officers. While performing a bar check, officers encountered an individual who was observed exiting the back door of a bar. The individual showed signs of intoxication and looked under the legal age. Officers attempted to detain the male who refused to stay in the area and ran from officers, running into additional officers at the other end of the alleyway. Despite being told by officers that he would only receive a warning, the subject refused to remove his hands from his pockets and was clenching on to an object in his pocket. An officer took hold of the subject's left hand and attempted to remove the subject's hand from his pocket. The subject continued to pull away and officers continued to attempt to loosen the subject's fingers from an object that was later discovered to be the subject's wallet that was on a chain. March 2022 Use of Force Report March 2022 Use of Force Report Officers were able to hold on to the subject's arms, holding them in place behind his back so that handcuffs could be placed on each wrist. The subject was walked back towards the waiting squad car and he was placed into the back seat. The subject began kicking out towards officers and bracing himself in the door frame refusing to get into the vehicle. One officer leaned into the vehicle, pushed on the subject's upper body, another officer pushed the subject's legs into the vehicle and another officer placed their hands on the subject's lower legs placing the subject's feet into the vehicle. The door was closed, and the subject was transported to jail without injury to the subject or officers. Evening Watch — One Officer 3/11 2022001783 Domestic Dispute Y Officers were dispatched to a residence for reports of a fight involving a male and female subject. Dispatch advised that they had heard the male threated to kill himself. An officer heard a subject jump from an apartment window on the east side of the building. The officer located a male who had obviously jumped from the window. The male subject began to run form the area and an officer gave chase, broadcasting the subject's description on the radio. The officer instructed the subject to stop running and come to the officer, but the male continued to run. The officer drew their taser and placed the red dot on to the subject's torso March 2022 Use of Force Report March 2022 Use of Force Report ordering the male to get on the ground. The male had his left hand in his pocket, did not get on the ground but stopped running. The male took his hand out of his pocket and was empty handed. The subject was searched for weapons and none were found. It was discovered that the male subject had active arrest warrants and he was transported to jail without injury to the subject or officers. Late Night Watch — Five Officers 3/14 2022001832 Operating while Intoxicated Y A subject was arrested for operating a vehicle while intoxicated and was taken to the police department for investigation. A search warrant was obtained for the subject's blood and while waiting, the subject refused to take a seat in the processing room, electing to kick a nearby table and back up towards the wall. One officer took hold of the subject's elbow with their hand and the subject continued to pull away, turning their torso away from the officer. An officer grabbed the subject's left arm and pulled him away from the wall. Another officer took their left hand and applied pressure in a downward motion on the subject's right shoulder, An officer then grabbed the subject's left arm, pulled down on the subject's arm towards the bench. The subject continued to tense his arms and legs and refused to sit. One officer reached down and pushed downwards on the subject's right knee causing it March 2022 Use of Force Report March 2022 Use of Force Report to bend and forcing the subject into a seated position. One officer handcuffed the subject's right hand to the bench. The subject was told that officers had obtained a warrant for the subject's blood and he was transported to hospital. Once at the hospital, the subject refused to cooperate with the blood draw, refusing to walk into an exam room by planting his feet refusing to walk, kicking out at equipment and other objects nearby. Two officers took hold of his arms and one officer wrapped their arms around his legs, lifted and placed the subject on a bed. One officer held the subject's left arm behind his back so that medical staff could perform a blood draw. After the sample was collected without further incident the subject was transported to jail. There were no injuries to the subject or officers. Evening Watch — Two Officers 3/14 2022001860 Weapons Offense Y Officers met with a subject in front of a house that was being locked down for a search warrant. The subject ignored commands to stay out of the house and instead elected to attempt to go back inside. One officer took hold of the subject's left arm in an attempt to guide the subject away from the house. The subject continued to pull away and so an officer pushed her against a nearby garage door and held her there using their body weight in an attempt to gain her compliance. A decision March 2022 Use of Force Report March 2022 Use of Force Report was made to arrest the subject. An officer took hold of the subject's left arm and an officer took hold of the subject's right arm. Both arms were pulled behind the subject's back and handcuffs were placed on each wrist. The subject was transported to jail without injury to the subject or officers. Late Night Watch — Three Officers 3/15 2022001865 Assist Other Agency Y After being cleared by medical staff at a hospital, another law enforcement agency asked for ICPD assistance as they prepared the subject for transport to jail. As officers attempted to assist placing him into a squad car he pushed away from the car, thrashing around, pushing against the car with his feet refusing to sit in the vehicle. The other agencies' officers placed the subject onto the ground and an ICPD officer attempted to place leg restraints on the subject. One ICPD officer held the subject's ankles and placed restraint on each ankle. Another ICPD officer grabbed the subject around the shoulder area and assisted the other agency with carrying the subject to the vehicle. The subject grabbed at tan ICPD officer's duty belt making statements that he was going to shoot himself. Officers continued to hold on to the subject as the other agencies' officers placed him into a vehicle and transported him to jail. There were no injuries to the officers or subject. March 2022 Use of Force Report Late Night Watch — Three Officers 3/20 2022002033 Fight Y Officers encountered subjects throwing punches at each other in the street. Two officers sparked their tasers to get the individuals to stop fighting. This was unsuccessful so one officer wrapped their arms around one subject and placed their hips in a position that enabled the officer to place the subject on the ground. The officer then took hold of the subject's sweater, rolled him over on to his stomach, pulled the subject's arms behind his back and another officer placed handcuffs on each wrist. Another officer placed their taser on the shoulder of a subject who continued to fight. The officer drive stunned the subject's shoulder and he immediately went to the ground. The subject complied with all other commands, stood up, and was placed into handcuffs. There were no injuries to the officers or subject. Late Night Watch — Three Officers 3/25 2022002176 Domestic Dispute Y Officers were dispatched to a residence for a fight in progress. Once officers arrived on scene a decision was made to place a male subject under arrest for a domestic assault. When told that he was under arrest, the subject refused to place his hands behind his back and drew his hands to his chest. One officer warned that the subject may be sprayed with a chemical irritant, but he still failed to comply saying that he was suicidal. An officer told March 2022 Use of Force Report March 2022 Use of Force Report the subject that they would address his issues once in handcuffs, but he continued to pull his arms close to his chest. An officer wrapped their arms around the subject's torso and pulled the subject backwards tripping him over their leg. The subject rolled on to his stomach and pinned his hands to his chest refusing to put his hands behind his back. An officer deployed a chemical irritant to the subject's face, but he failed to comply instead refusing to put his hands behind his back. Two officers continued to pull the subject's arms out from underneath his body, but he continued to hold his arms close to his chest. An officer decided to use their taser in an attempt to gain the subject's compliance. The officer struck the subject with two probes and the subject complied by placing his hands behind his back. An officer placed handcuffs on each wrist. There were no injuries to officers and the subject sustained a superficial injury. Day Watch — One Officer 3/27 2022002240 Trespass Y Officers were dispatched to a hotel room for reports of a guest refusing to leave after his stay was over. After an hour of negotiating, officers entered the room by using a key provided by hotel staff. The subject had barricaded the door, but officers were still able to enter the room. The subject picked up a table lamp and turned towards the officer. One officer pointed their taser at the subject and told him to March 2022 Use of Force Report March 2022 Use of Force Report put it down. The subject complied and an officer placed handcuffs on each wrist and transported the subject to jail. There were no injuries to the subject or officers. Late Night Watch — Four Officers 3/28 2022002251 Public Intoxication Y Officers located an intoxicated subject who ran when approached by officers. After a brief chase the officers caught the subject. One officer took hold of the subject's right arm telling him to stop walking. The subject continued to pull away and an officer pushed the subject into a nearby wall causing the subject to stumble to the ground. Once on the ground one officer straddled the subject to gain control of his flailing body. An officer pulled the subject's hands behind his back and handcuffs were placed on each wrist. During this handcuffing process another subject approached the officers in a fighting stance with clenched fists. The subject was told to go away, but he continued to advance on officers. A decision was made to arrest the individual and an officer took hold of the subject's left wrist, placed their foot between his legs, tripping the subject and taking him to the ground. An officer straddled across his back, keeping hold of the subject's right arm. The subject was placed into handcuffs and both subjects were transported to jail without injury to the subject's or officers. March 2022 Use of Force Report Day Shift — Two Officers 3/31 2022002340 Burglary Y After receiving medical clearance at the hospital officers explained that the subject needed to be placed into handcuffs for transport to jail. The subject pulled away from officers and one officer placed their left hand on the subject's left wrist to guide him into the handcuffing position, while another officer used their hands to take hold of the subject's right wrist, pulling his arms behind his back. The subject tensed up and refused to put their hands behind his back and continued to pull away and grab at items on the officer's vest. Officers turned the subject towards a nearby wall where they were able to hold him facing the wall while they placed handcuffs on each wrist. The subject sat in a nearby squad car but refused to place his feet inside the vehicle. One officer opened the car door, took hold of his shoulders, and pulled him into the vehicle while the other officer shut the door. The subject was transported to jail. There were superficial injuries to both the subject and officers. March 2022 Use of Force Report Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 2nd Quarter 2022 DATE: July 1, 2022 Attached you will find the IAIR/CPRB 2022 2nd quarter summary report for the Iowa City Police Department Internal Affairs/Community Police Review Board investigative file. There were two non -criminal investigations involving three ICPD employees that were received externally through on-line CPRB complaints. The investigations were completed, and the complaints were not sustained against the employees. There was one internal complaint that were reported to supervisory staff on one employee that initiated one internally driven investigation for an improper search. This investigation is still active. cc: CPRB Sgt. Doug Hart IAIR / CPRB Summary IAB limber 22-07 CPRB timber Date and Tine of Incident Location of holdout Assigned Bate Type of Investigation Resolution Origin of fbttlplaitt 22-06 4/4/2022 8:37 812 S 1st Ave 4/12/2022 Improper Conduct Not Sustained External Of, 4/4/2022 8:37 812 S 1st Ave 4/12/2022 Improper Conduct Not Sustained External lAll eer 22-08 ARB Number Date and Time of Incident Location of Incitlont Assigned Date Type of Investigation Resolution Origin of Complaint 5/11/2022 Improper Search DI limber CPRB Number Data and Tine of Incident Location of Incident Assigned Date Tyne of Investigation Resolution Origin of Complaint 2104 Davis St #B 5/23/2022 Improper Conduct Not Sustained External Friday, July 1, 2022 Page 1 of 1 MEMORANDUM DATE: June 20, 2022 TO: CPRB Board Members FROM: Patrick J. Ford Re: proposed revision to Ordinance 8-8 *******************************************************************.***-***************** For your consideration, I am proposing that Section 8-8-8(B)(2) of the CPRS ordinance be amended to read as follows (with suggested deletions shown with sal c): The board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote . As is reads now, Section 8-8-8(B)(2) conflicts with Section 8-8-7(B)(1), which provides that a vote to set the level of review is made merely "on a simple majority vote", which means that the vote is approved by a majority of the members in attendance at the meeting. The phrase "by simple majority vote of all members of the board" in current Section 8-8- 8(B)(2) means that the vote must be approved by a majority of the full board (regardless of how many members are in attendance). For example, if a meeting is attended by only five of the seven members, then the quorum requirement (i.e., majority) is satisfied. If there is a vote at such meeting to set a level of review on a complaint, and three members vote to approve, then such vote would pass pursuant to Section 8-8-7(B)(2) because a simple majority of the members present at the meeting voted to approve (i.e., three of five). However, the vote would fail pursuant to Section 8-8-8(B)(2) because "a simple majority vote of all members of the board" requires the affirmative vote of four members (i.e., a majority of the seven -member board). Although I don't recall this ever being an issue (because the board has always voted unanimously to set a level of review), these sections should be consistent. MEMORANDUM DATE: June 20, 2022 TO: CPRB Board Members FROM: Patrick J. Ford Re: proposed revisions to the CPRB Bylaws *k****%*******M-**********Fri***N*******7E************* **SHF*7F*************N*****************Y-**** For your consideration, I am proposing the following revisions to the CPRB Bylaws. (Suggested additions are shown with double underlined text, and suggested deletions are shown with strileetlifetket-text.) 1. The first sentence of Section 1 of Article III shall be amended to read as follows: Section 1. Qualifications. The Board shall consist of five (5) seven (7) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. 2. Section 12 of Article V shall be amended to read as follows: Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board; Lincluding the Chairperson), who is present at a meeting where a motion is put to vote, is required to cast a vote upon each motion, ,4 unless such member states a valid the reason for abstention. 3. Section 13 of Article V shall be amended to read as follows: Section '13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with the Chapter 8. Title 8 of the lowa City Code of Ordinances. these bylaws and or any special rule or order the Board my adopt. 4. Article X shall be amended to read as follows: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of a majori y of the members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. COMMUNITY POLICE REVIEW BOARD (CPRB) COMMUNITY FORUM: SUMMARY Wednesday, April 20, 2022 — 6:00 PM Electronic Zoom Meeting Platform CPRB Members Present: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies Amanda Nichols, Orville Townsend, Stuart Vander Vegte. Staff Present: Kellie Fruehling, Tammy Neumann Others present: Patrick Ford, Legal Counsel, Laura Bergus, City Council Liaison, Dustin Liston, ICPD Police Chief The Iowa City Community Police Review Board (CPRB) held the annual Community Forum on Wednesday, April 20, 2022 at 6 p.m. Board member Melissa Jensen called the meeting to order. Board members were asked to introduce themselves. No correspondence was received pertaining to this forum. Orville Townsend conveyed the thrust of the role of the CPRB communication noting that Iowa City is one of the few cities in the country with such a Board. Essentially, the Board hears and reviews complaints by the public, noting that the CPRB also has an opportunity to give input to the City Council. Jensen asked for a clarification on the use of the words "sustain" and "not sustain" when the Board considers complaints. Ford (legal counsel) gave the following explanation: "sustained complaints mean we agree with the complainant, the citizen, who has made a complaint of wrongful conduct by an officer, and not sustained means the opposite." In other words, "not sustained" means the Board does not agree with the complainant." Townsend added that the Board thrives for fairness by looking at the evidence presented in the complaint, video clips, and the difficult situations that officers encounter. In lieu of lack of public participation in this forum, Nichols discussed recommendations by CPRB to the City Council that have been implemented, namely the following: • Expansion of the board from five to seven members • Change to allow a complainant a chance to respond to the chief's report; in the past the CPRB would only receive complaints directly from the public but now also receives complaints filed with the Iowa City Police Department • CPRB now receives valuable additional data on a quarterly basis • The statute of limitations to file a complaint has been lengthened from 90 days to 180 days Page 2 Addressing the Board through a chat sent to the Board, a member of the public (Redmond Jones II) asked Board members their view of recent events surrounding "a greater number of police shootings, excessive force, and other issues that has driven a wedge between the police department and the community," and steps taken to "build trust between the police department and the community outside." Nichols and Townsend responded by asserting that one of the CPRB's goals is to facilitate the kind of communication that encourages the public to communicate with the Board. Nichols added that past recommendations to the City Council that have not been implemented will be brought up again. MacConnell added that the Police Dept. now has a "non -police" liaison able to address mental health issues and other social issues. Nichols added that the equity director also receives a copy of the complaint. In answer to a question (Martha Shaw) about the percentage of "sustained," vs. "non-sustained" complaints, Fruehling indicated that the information is included in the annual report to the City Council. Nichols asked for more clarification/accessibility on that data. Seeing no other input from the public or other Board members, Nichols called for an adjournment. The community forum adjourned at 6:48 p.m. CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #22-08 On June 14, 2022, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #22-08, filed May 19, 2022. The Board concurred with the findings of the Chief of Police that the complaint did not concern the conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer ") employed by the City of Iowa City police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. (Emphasis added.) City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not timely filed may be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #21-08 was summarily dismissed. DATED: June 14, 2022 Date None COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS JUNE 2022 Description July 12, 2022 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #22-06 Filed: 04/07/22 Chief's report due (90 days): 07/06/22 Chief's report filed: 06/01/22 Complainant's response to the Chief's report (21 days to respond, no response received) 06/22/22 Complainant's rcsponsc (10 days to respond): ??/??/22 CPRB meeting #1 (Review): CPRB meeting #2 (Review): 07/12/22 ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) 09/20/22 CPRB Complaint #22-07 Filed: 05/19/22 Chief's report due (90 days): 08/17/22 Chief's report filed: ??/??/22 Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/22 CPRB meeting #1 (Review): CPRB meeting #2 (Review): ??/??/22 ??/??/22 CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) ??/??/22 July 12, 2022 Mtg Packet CPRB Complaint #22-09 Filed: 07/04/22 Chief's report due (90 days): 10/02/22 Chief's report filed: ??/??/22 Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/22 CPRB meeting #1 (Review): CPRB meeting #2 (Review): ??/??/22 ??/??/22 CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) ??/??/22 TENTATIVE MEETING SCHEDULE August 16, 2022 September 13, 2022 October 11, 2022 Updated 6/8/2022 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street lowa City IA 52240-1826 (319) 356-5043 Jerri MacConnell 320 E Washington St Apt 10-D Iowa City, IA 52240 (H) 319-333-1096 nellie1896Cu�omail.com Orville Townsend, Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orville.townsend(a�hotmail.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C) 319-677-1153 director(t�corridorcan.com Saul Mekies 2151 Abbey Lane Iowa City, IA 52246 (C319-887-3617 smekies@kirkwood.edu Melissa Jensen 830 Elliot Ct. Iowa City, IA 52246 (C) 319-530-5490 tigger1033@hotmail.com Ricky Downing 1112 Weeber Circle Iowa City, IA 52246 (C) 319-400-0931 rltd44(dmail.com Stuart Vander Veate 2625 E. Washington St. Iowa City, IA 52245 (C) 612-236-6128 stuartvv68(a�gmail.com Term: July 1, 2019 — June 30, 2023 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2021 — June 30, 2025 Term: July 1, 2021 — June 30, 2025 Term: Upon appointment — June 30, 2026 Term: Upon appointment — June 30, 2026 Updated 6/8/2022 Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C) 319-430-1549 ford(cr�Iefflaw_com City Council Liaison — Laura Berqus 319-541-9677 laura-berqus caiowa-city.orq CPRB Staff — Tammy Neumann 319-356-5043 tammy-neumann(c�iowa-city.orq City Clerk — Kellie Fruehlinq 319-356-5041 kellie-fruelinqOiowa-city.orq Equity Director -Stefanie Bowers 319-356-5022 stefanie-bowers(ciliowa-city.orq Police Chief — Dustin Liston 319-356-5271 dustin-Liston@iowa-city.orq City Legal- Sue Dulek 319-356-5030 sue-Dulek(c�iowa-city.orq The following documents were handed out during the meeting City of Iowa City Translation & Interpretation Guidelines Translation is useful to ensure critical City messages can be equitably accessed and understood by our community. However, due to financial constraints and new digital tools, the following guidelines establish a process and priorities for procuring translated materials. 1. Evaluating Documents to Translate A. Fiscally Responsible Translation Staff are encouraged to notify the Communications Division when translated documents are needed. Communications is experienced in unique formatting concerns for different languages and helping to advise on the process, so edits are not needed post -translation. Each department must appropriately budget for translation services. Complex webforms provided in multiple languages may require contracted translation in order for staff to intake and process. Members of the public are permitted to provide their own translation or interpretation at their own cost. B. Alternatives to Translation Prior to procuring translation services, the department should evaluate whether it is possible to provide the information equitably through alternative means. In many cases, as an alternative to translating materials, one of the following options may be more practical: 1. LanguageLine: Language Line is the most readily available resource for on -the -spot interpretation when a resident calls or visits in-person and needs language assistance. • It is available to any City Division and is billed when used. • HR has counter -top displays and full-size posters available to make non-English speaking customers aware of the service. • Quick Reference Cards1PDF) with step by step instructions on how to access the service, as well as Language identification Cards PDF are also available to employees. • Divisions are encouraged to display materials about this service. 2. Digital Alternative: Many web -based and digital resources have built-in translation tools that end users can use to translate on their own, in real-time. • Web browsers (i.e. Google Chrome), Microsoft Word/Powerpoint, and YouTube are three examples of platforms with built-in translation capabilities.• not When publishing and releasing content and information using these tools, you may need to translate documents since the end-user will have the capability to do so on their own. 3. Translated Referral Statement: In some cases, an entire document does not need to be translated into multiple languages. Instead, consider translating a statement for the communications material that refers the reader to another resource if full translation is desired. This is a cost-effective solution as the statement can be translated one and used for multiple documents. Sample statements: • Please call [phone number] and request tanguagetine far language assistance. • To request translation, please e-mail [insert contact e-mail address] in your preferred language. C. Translation Priorities Materials and communications that are well-suited to translation and should be prioritized within existing translation budgets are as follows: • When the message has Life, health, or safety implications • When the message has property or financial implications • When the target audience is a specific population with limited English -proficiency (LEP) • When your program/service is frequently accessed by LEP populations, such as utility discounts, connection information, or other necessary City services. • When required by the Federal government or other agency, such as a grant contract • As directed or recommended by City Council or the governing Board, Commission, or Committee • Upon reasonable request 11. Translation Guidelines A. Language Priorities The following languages are recommended (in priority order) for translated materials targeting the general public or a large, diverse audience: • Spanish • French • Arabic (Standard) Communications that are targeted more narrowly may only require translation in one of the languages above or another language not listed. B. Translation Services Communications that meet one of the criteria under "Translation Priorities" should use a certified translator/translation service. The following vendors are approved for use: Vendor Phone _ E-mail CHandsUp 319-213-9920 translation@handsupcommunications.com OmniLingua 800-395-6664 dzieQler@omnilingua.com LanguageLine 888-763-3364 Iowa City's LanguageLine Quick Reference Card is available on the Intranet. www.languageline.com Please contact the Communications Division if you wish to use another vendor or local translator. In some instances, local translators have stronger community context that is necessary for certain materials and these will be evaluated on a case-by-case basis. C. Interpretation Services Recommended resources for interpreters for someone who is deaf or hard -of -hearing: • A List of Interpreters (PDF) is available on the Intranet • Iowa State Registry of Interpreters for the Deaf • Iowa Board of Sign Language interpreters &Transliterators Residents are permitted to provide their own interpreter at their own cost. If needed, recommended resources for interpreters for limited English speakers: • Iowa International Center • Iowa Interpreters and Translators Association, Inc. D, Non -Discrimination Notice The City of Iowa City operates in accordance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, City Code Title 11, and other related statutes and regulations, such that no person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in any City program, service or activity on the basis of race, color, nation& origin, English proficiency, disability, sex, age, religion, sexual orientation, gender identity, marital or familial status, or source of income. Accordingly, the City of Iowa City reasonably provides language translation and interpretation for limited English proficiency individuals; modifies policies and procedures; and, provides auxiliary aids, services and/or alternative formats to persons with disabilities. Nothing contained in these guidelines shall be construed to conflict with the non-discrimination policies and regulations above.