HomeMy WebLinkAbout08-16-2022 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
August 11, 2022
TO:
CPRB Members
FROM:
Tammy Neumann
RE:
Board Packet for meeting on TUESDAY, AUGUST 16, 2022
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 08/16/22
• Minutes of the meeting on 07/12/22
• ICPD General Order 99-06 (Internal Affairs Investigations)
• ICPD Policy 307 (Vehicle Pursuits)
• ICPD Policy 346 (Duty to Intervene and Report) (No revisions made to this document. Provided to
show format changes to reports only).
• Memo to City Council from CPRB re: Proposed amendments to Ordinance 8-8 requested by the
Community Police Review Board
• Memo to City Council from CPRB re: Proposed amendments to the By-laws of the Community Police
Review Board
• Office Contacts — July 2022
• Complaint Deadlines
AGENDA
COMMUNITY POLICE REVIEW BOARD
Tuesday, August 16, 2022 — 5:30 P.M.
HELLING CONFERENCE ROOM
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 07/12/2022
• ICPD General Order 99-06 (Internal Affairs Investigations)
• ICPD Policy 307 (Vehicle Pursuits)
• ICPD Policy 346 (Duty to Intervene and Report) (No revisions made to
this document. Provided to show format changes to reports only).
ITEM NO. 3 NEW BUSINESS
None
ITEM NO. 4 OLD BUSINESS
None
ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators
shall address the Board for no more than 5 minutes. The Board shall not
engage in discussion with the public concerning said items).
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• September 13, 2022, 5:30 PM, Emma J Harvat Hall
• October 11, 2022, 5:30 PM, Emma J Harvat Hall
• November 8, 2022, 5:30 PM, Emma J Harvat Hall
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
If you will need disability -related accommodations in order to participate in this program/event,
please contact Chris Olney at 319-356-5043, christine-Olney@iowa-city.org. Early requests are
strongly encouraged to allow sufficient cient time to meet your access needs.
CPRB-Page 2
August 16, 2022
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 12, 2022
CALL TO ORDER: Chair Amanda Nichols called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing (5:50 p.m.), Melissa Jensen, Jerri MacConnell,
Saul Mekies, Amanda Nichols, Orville Townsend, Stuart Vander Vegte
MEMBERS ABSENT: None
STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Dustin Liston
RECOMMENATIONS TO COUNCIL
(1) Accept the proposed amendments to the CPRB Bylaws and Ordinance — See memos from
CPRB Legal Counsel Ford included in the 6/2/22 and 7/28/22 information packet.
CONSENT CALENDAR
Motion by Townsend, seconded by Jensen to adopt the consent calendar as presented.
• 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
Motion carried 6-0, Downing absent.
Proposed Revisions to the CPRB Bylaws:
Memos re: Proposed Revisions to CPRB Bylaws — Patrick Ford
Legal Counsel Ford reviewed his proposed revisions to the CPRB Bylaws. Amendments include
updating Section 1 of Article III to seven members (previously five); an addition to Section 12, Article V
that states that a "majority vote is required for adoption of any motion... by every member of the board"
to "who is present at a meeting where a motion is put to vote"; Section 13, Article V adding that the
newly revised Roberts Rules of Order "shall govern the Board in all cases to which they are applicable
in which they are not inconsistent with the Chapter 8, Title 8 of the Iowa City Code of Ordinances'; and
Article X revised to state that an affirmative vote of "no less than three" to "a majority of the members of
the Board..."
MacConnell noted that the bylaws do not mention that there is a requirement that one of the seven
board members be a peace officer who has been retired for five years and that as far as she knew
there wasn't a vote to remove that requirement. Ford explained what MacConnell was referring to is
CPRB
July 12, 2022
included in the ordinance and not the bylaws. Ford then asked if the amendment to the ordinance had
been voted on by City Council. Chief Liston said his recollection was that the Council discussed the
request and voted to reimplement the requirement that an officer that was employed by the City of Iowa
City not be appointed to the board until they had been absent from that position for at least two years
(previously five years). Townsend expressed he thinks the ordinance should state "whenever possible'
the board will include one peace officer. Jensen pointed out that she can serve the role of peace officer
on the board.
Proposed Revisions to the CPRB Ordinance:
Legal Counsel Ford recommended a revision to Ordinance 8-8-8(B)(2) which currently states, "The
Board shall decide the level of review to give the Police Chiefs or City Manager's report by a simple
majority vote of all members of the board" to "...approved "by a simple majority vote." Ford noted that
there is a conflict, as it reads now, between sections 8-8-8(B)(2) and section 8-8-7(B)(1). Ford stated 8-
8-7(B)(1) provides a vote to set the level of review is made on a simple majority vote which means the
vote is approved by a majority of the members in attendance and 8-8-8(B)(2) is written as it would
require a vote be approved by a simple majority of all members of the board.
Townsend expressed his concern when voting on a critical matter that perhaps it should be by a vote of
the entire board explaining that if only four members were present and three of them are considered a
majority, it may not be a good representation of the entire boards' preference. Ford noted that it is
something to consider and that it would be up to the Board. Mekies noted that requiring a majority of
the entire board could complicate the process. Ford explained to those present that the ordinance
addresses the guts of what the board does while the bylaws state, in general, how a meeting is run and
how the items are voted on.
After some discussion, the board agreed with the changes presented by Ford.
Motion by Mekies, seconded by Vander Vegte to accept the proposed amendments to the CPRB
Bylaws and Ordinance.
Motion carried 6-0, Downing absent.
Language Interpretation Options:
During the June 14, 2022 meeting, board members asked what options were available to the Board if
interpretation services are necessary. Neumann distributed the "City of Iowa City Translation &
Interpretation Guidelines" provided by the City Manager's Office. Neumann shared that the City does
not provide interpretation services for public meetings and that most individuals will provide their own
interpreter at their own expense. Nichols asked if the complaint forms are available in other languages.
Neumann stated that forms are not available in other languages, however, the online information
regarding the complaint process includes a language selection option through Google. The City has
access to interpretation services such as Language Line at a cost of $1.95 per hour. Staff has the
ability to use an iPad for Google Translate. Townsend asked if someone needed translation services
and could not provide their own, would the City deny their request. Neumann said that the City would
investigate all available alternatives.
(Downing arrived at 5:50 p.m.)
CPRB
July 12, 2022
CPRB Board Powers 8-8-8(B)(1):
At a previous meeting, Nichols asked if the Board had the power to initiate a complaint if they had
concerns regarding a situation that was made public through videos posted on social media, television,
etc., and where no complaint had been filed. Ford shared that the ordinance states in section 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." MacConnell, Mekies, and Downing all asked what kind of a situation would be cause for the
board to file a complaint. Nichols noted that there was a recent incident where videos were released on
social media and that because she had some concerns, of which she will elaborate on during executive
session, she wanted to know if the board had the power to file a complaint. Jensen asked if this item
came up from a previous discussion or if this was a proposed change to the ordinance. Nichols
explained that at the June 14, 2022 meeting she had asked to add this item to the July agenda as she
wanted clarification of this rule. Ford explained that what is being discussed is in a situation where no
one on the board had personal knowledge of an incident but had seen a video that was broadcasted on
television or shared on social media and had concerns, a board member could propose that the board
file their own complaint.
OLD BUSINESS
Proposed revisions to Ordinance 8-8:
The board continued discussion from the June 2022 meeting regarding a proposed revision to the
ordinance. This revision would allow the Police Chief and/or the Board to request that the City Clerk
contact a complainant for the purpose of clarifying any illegible words within the handwritten complaint.
Neumann shared concerns from the City Clerk, Kellie Fruehling. Fruehling is not comfortable with staff
gathering information solely over the phone without a signature from the complainant. At the June
meeting, Townsend suggested that once the Clerk receives a complaint, that staff read through it and if
they see anything of question that they then contact the complainant for clarification prior to routing.
Fruehling explained that staffs role includes receiving the complaint and then routing through the
necessary channels, and to support the board. It is not to determine if something is illegible or
incomprehensible within the complaint. That is for the Board to determine. Chief Liston added that
Fruehling does not want staff to get in the middle of the process. He added that the Police Department
contacts a complainant when they find something of question, however, they often do not receive a
return call/email from the complainant. Nichols noted that she thought this was covered within the Level
of Review option 8-8-7(B)(1)(b), 'Interview/meet with complainant." Townsend said that he has difficulty
reading reports due to the light print. Neumann noted that these complaints are color, and the print
does appear light, however, when changing the option to black and white, the type in the complaints
have better clarity. She also noted that staff is still working with the I.T. Department to increase the size
of the type within the reports. The board unanimously agreed to refer to the Level of Review Process 8-
8-7(B)(1)(b) in cases where there is a question regarding legibility or the meaning of a complaint.
PUBLIC DISCUSSION
None
BOARD INFORMATION
None
CPRB
July 12, 2022
STAFF INFORMATION
Neumann discussed the current process of sending complaints out to the Board. At this time,
complaints are sent to the Board members upon receipt by the Clerk's Office. She reminded Board
members that there is no video available and that the Board cannot discuss a complaint until after the
Chiefs Report is submitted to staff. She asked if Board members would agree to staff sending out the
complaints with the Chiefs Report as it seems to be causing some confusion when she is sending them
prior to these items being available. Nichols agreed that this would help to lessen the confusion.
Townsend expressed concern that if the complaints are received at the same time as the Chiefs
Report that the report could influence the board members view of the complaint. Ford asked Chief
Liston how long it takes to process a video before it is ready for board members to view. Liston said
that the videos are not available until after release of the Chiefs Report.
Motion by MacConnell, seconded by Jensen for staff to send out the CPRB complaints with the Chiefs
Report.
Motion carried, 4/3, Downing, Mekies, Townsend voting no.
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
EXECUTIVE SESSION
Motion by Nichols, seconded by MacConnell, to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a condition for that government body's
possession or continued receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of supervisors and school
districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of government, to
the extent that the government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
Motion Carried 710. Open session adjourned at 6:34 p.m.
REGULAR SESSION
Returned to open session at 7:06 p.m.
Motion by Nichols, seconded by Mekies, to set the level of review for CPRB Complaint #22-06 at 8-8-
7(B)(1)(a) on the record with no additional investigation.
Motion Carried 7/0.
ADJOURNMENT
Moved by Nichols, seconded by Townsend to adjourn the meeting at 7:07 p.m.
Motion carried 7/0.
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
ADM 06.1
El ED
INTERNAL ju 1 52g2l
AFFAIRS Ci Clerk
INVESTIGATION' ity, Iowa
Date of Issue General Order Number
July 9 1999 1 99-06
Effective Date Section Code
July 15 2022 ADM-06
Reevaluation Date Amends/Cancels
July 2024 92-03 ADM-06
C.A.L.E.A. Reference
52.1.1 - 52.1.11 1 Department Disciplinary Philosophy
INDEX AS:
Internal Affairs Investigations Register (IAIR)
IAIR Forms 1 - 12
Internal Affairs Investigations
Knowingly Providing False Information
Evaluations
Community Police Review Board
Discipline
711:7 04IM4
The purpose of this order is to establish the policy and procedures for the
investigation of complaints made against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of _ complaints and allegations.
II. POLICY
A. It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ADM 06.2
ordinances or Department rules, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, JgNM, or by I= correspondence
(signed or anonymous).
2, (including prisoners) who report to any Department
member in anx of the following manners: in writing, orally, by telephone,
or by J= correspondences ned or anonymous),
or pursuant to the City's , Police Review Board
ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
B. The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subject to the
internal review procedure. Clearly defined policy and procedures permits
employees to know what to expect; reassures the public that discipline will be
administered, if necessary; and provides a pre -determined method for
informing both the public and employees of the disposition of the complaint.
DEFINITIONS
A. COMPLAINT
A complaint is defined as an act of expressed dissatisfaction, either oral or
written, which relates to department operations, departmental policy,
personnel conduct, or alleged unlawful acts. Generally, complaints are
based on allegations of misconduct or violations of procedure. A complaint
may be filed either internally, that is by a Department member who wishes
to report infractions or violations by another member, or externally, such as
when a ® . � p complains about a member of the
Department.
2. A complaint includes those filed with the Community Police Review Board
pursuant to Ordinance.
B. NON -DISCIPLINARY INCIDENTS OR VIOLATIONS
Non -disciplinary incidents or complaints shall mean complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
C. NON -PUNITIVE INCIDENTS OR VIOLATIONS
ADM 06.3
Non -punitive incidents or violations shall mean incidents or complaints
which, on their face, allege infractions of rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
appropriate disciplinary action is counseling and/or written warning or
written reprimand by use of the departmental Report of Inquiry/Incident
form.
D. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
WITHIN THE CHAIN OF COMMAND (Supervisory Review)
Punitive incidents or violations shall mean incidents or complaints which, on
their face, allege violation(s) of the law, rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
appropriate disciplinary response consists of punitive action ranging from
loss of privileges to suspension, demotion, and/or dismissal.
E. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
OUTSIDE OF THE CHAIN OF COMMAND (Full IA)
Punitive incidents or violations ® requiring a full IA shall mean incidents or
complaints of a more serious nature which, on their face, allege violation(s)
of the law, rules, regulations, general orders, or procedures by Police
Department personnel for which the apparent appropriate disciplinary
response consists of punitive action ranging from loss of privileges to
suspension, demotion, and/or dismissal.
F. CHIEF OF POLICE TO DETERMINE TYPE OF INVESTIGATION
1. The Chief of Police, at their discretion, shall determine which type of
investigation shall be followed.
IV. AUTHORITY AND RESPONSIBILITY
A. COMMANDING OFFICER, FIELD OPERATIONS
The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department for incidents
requiring investigation within the chain of command.
The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
ADM 06.4
4. If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
5. After notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the City Attorney's Office and the County
Attorney's Office when internal investigations concern possible violations
of criminal law. This contact may be for notification and/or legal advice or
assistance in case preparation.
B. COMMANDING OFFICER SUPPORT SERVICES
The Commanding Officer, Support Services, shall be responsible for the
internal affairs investigation function of the Department for incidents
requiring investigation outside the chain of command.
2. The Commanding Officer, Support Services, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Commanding Officer, Support Services, shall assign the investigation
of internal affairs cases to personnel from other divisions, sections or units
within the Department. Those personnel shall report directly to the
Commanding Officer, Support Services.
If the complaint is against the Commanding Officer, Support Services, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
C. ALL SUPERVISORY AND COMMAND PERSONNEL
Supervisory and command personnel shall cause to be initiated an internal
affairs investigation when the action alleged is an infraction/violation of
State Code, Federal laws, City ordinance or Department policy and within
the scope of their authority for the initiation of this action. Examples of
complaints which will be investigated by the Internal Affairs function are:
allegations of corruption, brutality, misuse of force, violations of individual
civil rights, criminal conduct, etc. This is not a complete listing of such
examples, but is an example to provide guidance for supervisory personnel.
These types of complaints will be documented on the departmental Report
of Inquiry/Incident form and directed to the COFO.
MSupervisory personnel shall investigate complaints, verbal or written, which
do not involve alleged violations of Federal or State law, City ordinance, or
dO11 1•
Departmental policy which come to their attention, as an example, alleged
rudeness, not providing information about a ticket or arrest, tardiness,
incomplete reports, insubordination, etc. This is not a complete listing of
such examples, but is an example to provide guidance for supervisory
personnel. These types of complaints will be documented on the
departmental Report of Inouiry/Incident form
D. ALL DEPARTMENT PERSONNEL
1.WR= Mom= , it shall
be the duty of all Department personnel to report an action which may be a
violation of laws, ordinances, rules, regulations, policies, procedures, or
orders by any other Department member to the immediate supervisor of the
employee engaging in said action.
V. INTERNAL AFFAIRS INVESTIGATION REGISTER
A. The Internal Affairs Investigation Register (IAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropriate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by the
Department, or which originate through action of a Departmental member, or
complaints received from the CPRB.
B. The IAIR will be maintained by the Commanding Officer, Field Operations
Division. Entries in the IAIR shall contain sufficient and accurate information
of both the allegations and the disposition of the complaint. The IAIR will be
maintained in a secured area.
C. Complaints logged in the IAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
D. To ensure that required investigations are being completed within a reasonable
time, periodic inspections of the IAIR will be made by the Commanding Officer,
Field Operations, and status reports will be forwarded to the Chief of Police.
E. The Commanding Officer, Field Operations, shall assign a control number to
each complaint received and record the number in the IAIR, and on the copy
of the complaint form.
1. The numbering system shall be sequential, prefixed by the year, i.e., 02-01.
02-02.
VI. REPORTING PROCEDURES
A. A written record of all complaint
personnel shall be maintained
reasonableness of the complaint.
ADM 06.6
s
against the Police Department or its
regardless of the nature, scope, or
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1. Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statutes concerning
"obstructing justice" and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (AIR Form 2)
a) If on the face of the allegations, which if taken as true, there is a clear
indication that the officer or employee did nothing improper, then the
Report of Inquiry Form shall be completed, indicating same, and
forwarded through the chain of command to the Commanding Officer,
Field Operations Division.
b) If, on the face of the allegations, which if taken as true, the complaint
or allegation is minor and within the scope of the supervisor's authority,
the supervisor may resolve the complaint by use of the Report of
Inquiry/Incident form, and forward the report and results to the
Commanding Officer, Field Operations Division.
c) When it appears that an officer or employee may have violated state or
federal law, city ordinance or Department policies and procedures, the
Report of Inquiry shall be forwarded to the Commanding Officer, Field
Operations, within 24 hours of the complaint.
d) The Commanding Officer, Field Operations, shall maintain the Report
of Inquiry/Incident forms. Supervisors shall review an officer's Report
of Inquiry/Incident form(s) when completing a subordinate's annual
evaluation.
e) When it appears that an officer or employee may have committed an
illegal or criminal act or may have violated a person's constitutional
rights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations, within 24 hours of the complaint.
Commanding Officer, Field Operations, shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
VII
ADM 06.7
f) The City Attorney's Office shall be consulted when there is an allegation
which on its face alleges illegal/criminal activity, civil rights violations,
gross negligence, or excessive use of force.
g) All Report of Inquiry Forms shall be submitted for approval by the
Commanding Officer, Field Operations, = prior to being forwarded
to the Chief of Police.
C. Within 72 hours of receipt of Report of Inquiry form by the Commanding
Officer, Field Operations, a determination shall be made as to whether an
internal investigation will be initiated. The accused member should be
notified of the investigation decision within this 72-hour period. In exceptional
circumstances, e.g., allegations of on -going criminal activity, the Commanding
Officer, Field Operations, with the approval of the Chief of Police, may waive
this notification.
D. The Chief of Police or designee, shall contact the complainant within seven
(7) calendar days of receiving the complaint and inform the complainant of
receipt (IAIR Form 1) and the status of the complaint. Included in this contact
will be an offer of informal mediation by the Chief.
E. Internal Affairs investigations pursuant to complaints shall be completed within
sixty (60) calendar days of receipt of the initial complaint. An extension may
be granted by the Chief of Police where extenuating circumstances exist.
Status reports on the investigation of complaints shall be submitted to the
Chief of Police every seven (7) calendar days to assist in this determination.
If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigator. A copy of
the status report will be forwarded to the Commanding Officer, Field
Operations.
INVESTIGATIVE PROCEDURES
A. The Chief of Police may require an employee to submit to a medical or
laboratory examination, to be photographed, to submit financial disclosure
statements, or participate in a line-up, when such information or actions are
specifically directed toward and narrowly related to a particular internal affairs
investigation. Failure to follow a direct order of this nature shall constitute a
separate infraction and may result in termination. (However, if an internal
investigation involves allegations of criminal actions employees shall be
afforded all their legal or constitutional rights.)
1. The City Manager may impose the requirements of paragraph A above
when the complaint is directed toward the Chief of Police.
B. An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily submit
to such examination after being made aware that such actions are strictly
voluntary, and refusal to submit does not imply any guilt or admission of the
violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
C. Based on the requirements of Iowa law, an employee may be required to
submit to a medical or laboratory examination, at the agency's expense, when
the examination is specifically directed toward and narrowly related to a
particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees. An
employee may also be required to be photographed, to participate in a line-up
and/or submit to a financial disclosure statement when the actions are material
to a particular internal affairs investigation being conducted by the Department
or an outside agency. The above will always be based on the requirements
of Federal law, Iowa law, and any case law, and precedent thereunder when
not in conflict with any labor law or signed labor agreements.
D. The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and police
personnel.
The assigned investigator(s) shall conduct such interviews as are deemed
necessary in order to accumulate all necessary evidence and facts
pertaining to the complaint as determined by the Commanding Officer,
Field Operations.
2. The assigned investigator shall follow state law, city ordinance, and labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation.
a) Notification of Complaint / Investigation (IAIR Form 3).
b) Request / Waiver of counsel (IAIR Form 4).
c) Administrative Proceeding Rights Form (IAIR Form 5).
d) Criminal Rights Form for alleged violations of Criminal Law (IAIR Form
6).
e) Compelled statement advisory notification form.
At the conclusion of the investigation, the Commanding Officer, Field
Operations, shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in IAIR Form 7.
4. The investigating officer(s), upon completing the internal investigation,
shall conclude the report by classifying the individual allegations into one
of the following categories:
a) Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence to
clearly prove or disprove the allegations made in the complaint.
d) Sustained: The investigation disclosed sufficient evidence to clearly
prove the allegations made in the complaint.
e) Policy Failure: Investigation reveals that the alleged acts did occur and
were improper; however, the officer was acting in accordance with
established Department policy.
5. The investigative report and finding(s) shall be forwarded to the
Commanding Officer, Field Operations, for review. COFO may:
a) Accept the report and finding(s) of the investigating officer(s),
b) Return the report for further investigation, or
c) Reclassify the complaint as mentioned in #4 above
6. When the act complained of is a criminal offense, and the evidence from
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations, shall forward the
information to the Chief of Police, who shall notify the City Attorney's office,
and in consultation with the City Attorney's office, shall decide whether:
a) the County Attorney's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
1). a warrant for arrest should be first obtained; or
2). criminal action should be delayed pending further
investigation; or
3). request assistance from another law enforcement agency.
7. Status Reports - The Internal Affairs Investigator will provide the following
information:
ADM 06.10
a) Provide a weekly status report, verbal or written, to the Commanding
Officer, Field Operations.
b) Cause to be provided a status report to the complainant within sixty (60)
calendar days.
VIII. INVESTIGATION SUMMARY OF FINDINGS
A. Upon final receipt of the Internal Investigation Report (IAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completeness.
B. If the complaint is sustained, the report shall include:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on the
investigation results and the employee's employment history.
C. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
D. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
E. Final approval of internal investigation recommendations shall be decided by
the Chief of Police except under Subsection D above. The Chief of Police
shall have authority to modify any such recommendations in any manner
deemed appropriate by the Chief of Police.
IX. DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be filed in the employee's
personnel file by the Chief of Police. Allegations that are determined to be
"unfounded", "exonerated", "not sustained", or result in a "policy failure' finding
shall be filed by the Chief of Police in the internal investigation file with the
Commanding Officer, Field Operations, and shall not be entered in the
employee's personnel file.
B. The officer or employee who is the subject involved in the investigation shall
be notified of the disposition by IAIR Form 8, as will any outside complainant
by IAIR Forms 9, 10, 11, and 12.
C. Form 13- Notice of Discipline — Non -Sworn (AFSCM) will be used to provide
non -sworn personnel notification of discipline for an oral or written reprimand.
0
Ko
ADM 06.11
D. Personnel Form 14- Notice of Discipline — Sworn Personnel will be used to
provide sworn personnel notification of discipline for training, counseling,
warning, reprimand (minor) and reprimand (major).
CONFIDENTIAL NATURE OF INVESTIGATIONS
A. Many mistaken or even deliberately false reports and accusations are made
against police officers. In some instances, the most conscientious and hard-
working officers will be the subject of such reports. In order to ensure the
integrity of the Department, it is necessary to investigate completely and
thoroughly all reports and accusations from all sources. This must be done.
At the same time the reputations and good names of innocent police officers
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
B. Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such cases
and any disciplinary action thereunder shall be decided by the Chief of Police
on a case -by -case basis in consultation with the City Attorney's Office. All
other cases will be regarded as confidential and the records of such cases will
be maintained in the office of the Commanding Officer, Field Operations.
DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully -paid emergency Administrative
Leave of Absence on a member or employee when it appears necessary to
preserve the efficient and safe operation of the Department. The supervisor
shall promptly notify the Commanding Officer, Field Operations, who shall
promptly notify the Chief of Police.
Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless otherwise
instructed.
a) The Supervisor imposing or recommending the Administrative Leave of
Absence will report at the same time.
B. Supervisory personnel may take the following disciplinary measures:
1. Written recommendation for disciplinary penalties.
2. Recommendations for discipline within an employee evaluation.
3. Initiate written reprimand with documentation. Copies of all such written
reprimands shall be forwarded to
for inclusion in the employee's personnel file.
ADM 06.12
4. Written warning or written reprimand with documentation. All such written
documentation for discipline and/or documented written warnings or written
iiii"s shall be forwarded to the Iowa City
Srtato for inclusion in the subject employee's personnel
file.
C. Final Department authority and responsibility for discipline rests with the Chief
of Police.
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in accordance
with and subject to the provisions of Iowa Code Chapter 400 and collective
bargaining agreements.
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.
ADM 06.13
ATTACHMENT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or causes to be reported false information to a fire department or a
law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing Defense
(Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an aggravated
misdemeanor:
Destroys, alters, conceals or disguises physical evidence which would be
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial of
that case.
Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
80F.1(13). Rights of Peace Officers (Iowa Code)
An officer shall have the right to bring a cause of action against any person. group of
persons, organization, or corporation for damages arising from the filing of a false
complaint against the officer or any other violation of this chapter including but not limited
to actual damages, court costs. and reasonable attorney fees.
ADM 06.1
INTERNAL
AFFAIRS
INVESTIGATION
Date of Issue General Order Number
July 9 1999 99-06
Effective Date Section Code
July 15 2022 ADM-06
Reevaluation Date Amends/Cancels
July 2024 92-03 ADM-06
C.A.L.E.A. Reference
52 1 1 - 52 1 11 Department Disciplinary Philosophy
INDEX AS:
Internal Affairs Investigations Register (IAIR)
IAIR Forms 1 - 12
Internal Affairs Investigations
Knowingly Providing False Information
Evaluations
Community Police Review Board
Discipline
I. PURPOSE
=U
57021
Clerk
itv. Iowa
The purpose of this order is to establish the policy and procedures for the
investigation of complaints made against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of complaints and allegations.
II. POLICY
A. It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ADM 06.2
ordinances or Department rules, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, by electronic mail, or by written correspondence
(signed or anonymous).
2. Persons (including prisoners) who report to any Department member in
any of the following manners: in writing, orally, by telephone, by
electronic mail, or by written correspondence (signed or anonymous), or
pursuant to the City's Community Police Review Board ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
B. The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subject to the
internal review procedure. Clearly defined policy and procedures permits
employees to know what to expect; reassures the public that discipline will be
administered, if necessary; and provides a pre -determined method for
informing both the public and employees of the disposition of the complaint.
III. DEFINITIONS
A. COMPLAINT
1. A complaint is defined as an act of expressed dissatisfaction, either oral or
written, which relates to department operations, departmental policy,
personnel conduct, or alleged unlawful acts. Generally, complaints are
based on allegations of misconduct or violations of procedure. A complaint
may be filed either internally, that is by a Department member who wishes
to report infractions or violations by another member, or externally, such as
when a member of the public complains about a member of the Department.
2. A complaint includes those filed with the Community Police Review Board
pursuant to Ordinance.
B. NON -DISCIPLINARY INCIDENTS OR VIOLATIONS
1. Non -disciplinary incidents or complaints shall mean complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
C. NON -PUNITIVE INCIDENTS OR VIOLATIONS
1. Non -punitive incidents or violations shall mean incidents or complaints
which, on their face, allege infractions of rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
ADM 06.3
appropriate disciplinary action is counseling and/or written warning or
written reprimand by use of the departmental Report of Inquiry/Incident
form.
D. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
WITHIN THE CHAIN OF COMMAND (Supervisory Review/
Punitive incidents or violations shall mean incidents or complaints which, on
their face, allege violation(s) of the law, rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
appropriate disciplinary response consists of punitive action ranging from
loss of privileges to suspension, demotion, and/or dismissal.
E. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
OUTSIDE OF THE CHAIN OF COMMAND (Full IA)
Punitive incidents or violations requiring a full IA shall mean incidents or
complaints of a more serious nature which, on their face, allege violation(s)
of the law, rules, regulations, general orders, or procedures by Police
Department personnel for which the apparent appropriate disciplinary
response consists of punitive action ranging from loss of privileges to
suspension, demotion, and/or dismissal.
F. CHIEF OF POLICE TO DETERMINE TYPE OF INVESTIGATION
1. The Chief of Police, at their discretion, shall determine which type of
investigation shall be followed.
IV. AUTHORITY AND RESPONSIBILITY
A. COMMANDING OFFICER FIELD OPERATIONS
The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department for incidents
requiring investigation within the chain of command.
2. The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
4. If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
ADM 06.4
assign the investigation to another command officer or may handle it
personally.
After notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the City Attorney's Office and the County
Attorney's Office when internal investigations concern possible violations
of criminal law. This contact may be for notification and/or legal advice or
assistance in case preparation.
B. COMMANDING OFFICER SUPPORT SERVICES
The Commanding Officer, Support Services, shall be responsible for the
internal affairs investigation function of the Department for incidents
requiring investigation outside the chain of command.
2. The Commanding Officer, Support Services, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Commanding Officer, Support Services, shall assign the investigation
of internal affairs cases to personnel from other divisions, sections or units
within the Department. Those personnel shall report directly to the
Commanding Officer, Support Services.
4. If the complaint is against the Commanding Officer, Support Services, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
C. ALL SUPERVISORY AND COMMAND PERSONNEL
Supervisory and command personnel shall cause to be initiated an internal
affairs investigation when the action alleged is an infraction/violation of
State Code, Federal laws, City ordinance or Department policy and within
the scope of their authority for the initiation of this action. Examples of
complaints which will be investigated by the Internal Affairs function are:
allegations of corruption, brutality, misuse of force, violations of individual
civil rights, criminal conduct, etc. This is not a complete listing of such
examples, but is an example to provide guidance for supervisory personnel.
These types of complaints will be documented on the departmental Report
of Inquiry/Incident form and directed to the COFO.
2. Supervisory personnel shall investigate complaints, verbal or written, which
do not involve alleged violations of Federal or State law, City ordinance, or
Departmental policy which come to their attention, as an example, alleged
rudeness, not providing information about a ticket or arrest, tardiness,
1�l
ADM 06.5
incomplete reports, insubordination, etc. This is not a complete listing of
such examples, but is an example to provide guidance for supervisory
personnel. These types of complaints will be documented on the
departmental Report of Inquiry/Incident form and forwarded to the
Commander of Field Operations.
D. ALL DEPARTMENT PERSONNEL
In accordance with the Department's Duty to Intervene and Report, it shall
be the duty of all Department personnel to report an action which may be a
violation of laws, ordinances, rules, regulations, policies, procedures, or
orders by any other Department member to the immediate supervisor of the
employee engaging in said action.
INTERNAL AFFAIRS INVESTIGATION REGISTER
A. The Internal Affairs Investigation Register (IAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropriate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by the
Department, or which originate through action of a Departmental member, or
complaints received from the CPRB.
B. The IAIR will be maintained by the Commanding Officer, Field Operations
Division. Entries in the IAIR shall contain sufficient and accurate information
of both the allegations and the disposition of the complaint. The IAIR will be
maintained in a secured area.
C. Complaints logged in the IAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
D. To ensure that required investigations are being completed within a reasonable
time, periodic inspections of the IAIR will be made by the Commanding Officer,
Field Operations, and status reports will be forwarded to the Chief of Police.
E. The Commanding Officer, Field Operations, shall assign a control number to
each complaint received and record the number in the IAIR, and on the copy
of the complaint form.
1. The numbering system shall be sequential, prefixed by the year, i.e., 02-01,
02-02.
VI. REPORTING PROCEDURES
ADM 06.6
A. A written record of all complaints against the Police Department or its
personnel shall be maintained regardless of the nature, scope, or
reasonableness of the complaint.
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1. Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statutes concerning
"obstructing justice" and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (AIR Form 2)
a) If on the face of the allegations, which if taken as true, there is a clear
indication that the officer or employee did nothing improper, then the
Report of Inquiry Form shall be completed, indicating same, and
forwarded through the chain of command to the Commanding Officer,
Field Operations Division.
b) If, on the face of the allegations, which if taken as true, the complaint
or allegation is minor and within the scope of the supervisor's authority,
the supervisor may resolve the complaint by use of the Report of
Inquiry/Incident form, and forward the report and results to the
Commanding Officer, Field Operations Division.
c) When it appears that an officer or employee may have violated state or
federal law, city ordinance or Department policies and procedures, the
Report of Inquiry shall be forwarded to the Commanding Officer, Field
Operations, within 24 hours of the complaint.
d) The Commanding Officer, Field Operations, shall maintain the Report
of Inquiry/Incident forms. Supervisors shall review an officer's Report
of Inquiry/Incident form(s) when completing a subordinate's annual
evaluation.
e) When it appears that an officer or employee may have committed an
illegal or criminal act or may have violated a person's constitutional
rights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations, within 24 hours of the complaint.
Commanding Officer, Field Operations, shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
f) The City Attorney's Office shall be consulted when there is an allegation
which on its face alleges illegal/criminal activity, civil rights violations,
gross negligence, or excessive use of force.
"TB11 1•
g) All Report of Inquiry Forms shall be submitted for approval by the
Commanding Officer, Field Operations, prior to being forwarded to
the Chief of Police.
C. Within 72 hours of receipt of Report of Inquiry form by the Commanding
Officer, Field Operations, a determination shall be made as to whether an
internal investigation will be initiated. The accused member should be
notified of the investigation decision within this 72-hour period. In exceptional
circumstances, e.g., allegations of on -going criminal activity, the Commanding
Officer, Field Operations, with the approval of the Chief of Police, may waive
this notification.
D. The Chief of Police or designee, shall contact the complainant within seven
(7) calendar days of receiving the complaint and inform the complainant of
receipt (AIR Form 1) and the status of the complaint. Included in this contact
will be an offer of informal mediation by the Chief.
E. Internal Affairs investigations pursuant to complaints shall be completed within
sixty (60) calendar days of receipt of the initial complaint. An extension may
be granted by the Chief of Police where extenuating circumstances exist.
Status reports on the investigation of complaints shall be submitted to the
Chief of Police every seven (7) calendar days to assist in this determination.
F. If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigator. A copy of
the status report will be forwarded to the Commanding Officer, Field
Operations.
VII. INVESTIGATIVE PROCEDURES
A. The Chief of Police may require an employee to submit to a medical or
laboratory examination, to be photographed, to submit financial disclosure
statements, or participate in a line-up, when such information or actions are
specifically directed toward and narrowly related to a particular internal affairs
investigation. Failure to follow a direct order of this nature shall constitute a
separate infraction and may result in termination. (However, if an internal
investigation involves allegations of criminal actions employees shall be
afforded all their legal or constitutional rights.)
1. The City Manager may impose the requirements of paragraph A above
when the complaint is directed toward the Chief of Police.
B. An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily submit
to such examination after being made aware that such actions are strictly
voluntary, and refusal to submit does not imply any guilt or admission of the
violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
C. Based on the requirements of Iowa law, an employee may be required to
submit to a medical or laboratory examination, at the agency's expense, when
the examination is specifically directed toward and narrowly related to a
particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees. An
employee may also be required to be photographed, to participate in a line-up
and/or submit to a financial disclosure statement when the actions are material
to a particular internal affairs investigation being conducted by the Department
or an outside agency. The above will always be based on the requirements
of Federal law, Iowa law, and any case law, and precedent thereunder when
not in conflict with any labor law or signed labor agreements.
D. The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and police
personnel.
The assigned investigator(s) shall conduct such interviews as are deemed
necessary in order to accumulate all necessary evidence and facts
pertaining to the complaint as determined by the Commanding Officer,
Field Operations.
2. The assigned investigator shall follow state law, city ordinance, and labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation.
a) Notification of Complaint / Investigation (AIR Form 3).
b) Request / Waiver of counsel (AIR Form 4).
c) Administrative Proceeding Rights Form (AIR Form 5).
d) Criminal Rights Form for alleged violations of Criminal Law (AIR Form
6).
e) Compelled statement advisory notification form.
3. At the conclusion of the investigation, the Commanding Officer, Field
Operations, shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in IAIR Form 7.
4. The investigating officer(s), upon completing the internal investigation,
shall conclude the report by classifying the individual allegations into one
of the following categories:
ADM 06.9
a) Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence to
clearly prove or disprove the allegations made in the complaint.
d) Sustained: The investigation disclosed sufficient evidence to clearly
prove the allegations made in the complaint.
e) PolicyFailure: Investigation reveals that the alleged acts did occur and
were improper; however, the officer was acting in accordance with
established Department policy.
5. The investigative report and finding(s) shall be forwarded to the
Commanding Officer, Field Operations, for review. COFO may:
a) Accept the report and finding(s) of the investigating officer(s),
b) Return the report for further investigation, or
c) Reclassify the complaint as mentioned in #4 above
6. When the act complained of is a criminal offense, and the evidence from
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations, shall forward the
information to the Chief of Police, who shall notify the City Attorney's office,
and in consultation with the City Attorney's office, shall decide whether:
a) the County Attorney's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
1). a warrant for arrest should be first obtained; or
2). criminal action should be delayed pending further
investigation; or
3). request assistance from another law enforcement agency.
7. Status Reports - The Internal Affairs Investigator will provide the following
information:
a) Provide a weekly status report, verbal or written, to the Commanding
Officer, Field Operations.
b) Cause to be provided a status report to the complainant within sixty (60)
calendar days.
VIII
IX.
ADM 06.10
INVESTIGATION SUMMARY OF FINDINGS
A. Upon final receipt of the Internal Investigation Report (IAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completeness.
B. If the complaint is sustained, the report shall include:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on the
investigation results and the employee's employment history.
C. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
D. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
E. Final approval of internal investigation recommendations shall be decided by
the Chief of Police except under Subsection D above. The Chief of Police
shall have authority to modify any such recommendations in any manner
deemed appropriate by the Chief of Police.
DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be filed in the employee's
personnel file by the Chief of Police. Allegations that are determined to be
"unfounded", "exonerated", "not sustained", or result in a' policy failure" finding
shall be filed by the Chief of Police in the internal investigation file with the
Commanding Officer, Field Operations, and shall not be entered in the
employee's personnel file.
B. The officer or employee who is the subject involved in the investigation shall
be notified of the disposition by IAIR Form 8, as will any outside complainant
by IAIR Forms 9, 10, 11, and 12.
C. Form 13- Notice of Discipline — Non -Sworn (AFSCM) will be used to provide
non -sworn personnel notification of discipline for an oral or written reprimand.
D. Personnel Form 14- Notice of Discipline — Sworn Personnel will be used to
provide sworn personnel notification of discipline for training, counseling,
warning, reprimand (minor) and reprimand (major).
ADM 06.11
X. CONFIDENTIAL NATURE OF INVESTIGATIONS
A. Many mistaken or even deliberately false reports and accusations are made
against police officers. In some instances, the most conscientious and hard-
working officers will be the subject of such reports. In order to ensure the
integrity of the Department, it is necessary to investigate completely and
thoroughly all reports and accusations from all sources. This must be done.
At the same time the reputations and good names of innocent police officers
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
B. Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such cases
and any disciplinary action thereunder shall be decided by the Chief of Police
on a case -by -case basis in consultation with the City Attorney's Office. All
other cases will be regarded as confidential and the records of such cases will
be maintained in the office of the Commanding Officer, Field Operations.
XI. DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully -paid emergency Administrative
Leave of Absence on a member or employee when it appears necessary to
preserve the efficient and safe operation of the Department. The supervisor
shall promptly notify the Commanding Officer, Field Operations, who shall
promptly notify the Chief of Police.
Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless otherwise
instructed.
a) The Supervisor imposing or recommending the Administrative Leave of
Absence will report at the same time.
B. Supervisory personnel may take the following disciplinary measures:
1. Written recommendation for disciplinary penalties.
2. Recommendations for discipline within an employee evaluation.
Initiate written reprimand with documentation. Copies of all such written
reprimands shall be forwarded to Human Resources for inclusion in the
employee's personnel file.
4. Written warning or written reprimand with documentation. All such written
documentation for discipline and/or documented written warnings or written
reprimands shall be forwarded to the Iowa City Human Resources
Administrator for inclusion in the subject employee's personnel file.
ADM 06.12
C. Final Department authority and responsibility for discipline rests with the Chief
of Police.
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in accordance
with and subject to the provisions of Iowa Code Chapter 400 and collective
bargaining agreements.
Dustin Liston, Chief of Police
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party claims.
Violations of this directive will only form the basis for departmental administrative
sanctions.
ADM 06.13
ATTACHMENT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or causes to be reported false information to a fire department or a
law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing Defense
(Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an aggravated
misdemeanor:
Destroys, alters, conceals or disguises physical evidence which would be
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial of
that case.
Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
80F.1(13). Rights of Peace Officers (Iowa Code)
An officer shall have the right to bring a cause of action against any person, group of
persons, organization, or corporation for damages arising from the filing of a false
complaint against the officer or any other violation of this chapter including but not limited
to actual damages, court costs, and reasonable attorney fees.
REDLINE VERSION
Red highlights are deletions
Green highlights are additions FILED
Iowa City Police Department
Policy Manual
Vehicle Pursuits JUL 15 2022
City Clerk
Vehicle Pursuits Iowa City, Iowa
307.1 PURPOSE AND SCOPE
This policy provides guidelines for vehicle pursuits in order to protectthe safety of involved officers,
the public and fleeing suspects.
307.1.1 DEFINITIONS
Definitions related to this policy include:
Blocking or vehicle intercept - A slow -speed coordinated maneuver where two or more pursuing
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which
may be unaware of the impending enforcement stop. The goal is containment and preventing a
pursuit. Blocking is not a moving or stationary road block.
Boxing -in - A tactic designed to stop a suspect's vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Pursuit Intervention Technique (PIT) - A low -speed maneuver designed to cause the suspect
vehicle to spin out, stall and come to a stop.
Ramming - The deliberate act of contacting a suspect's vehicle with another law enforcement
vehicle to functionally damage or otherwise force the suspect's vehicle to stop.
Roadblocks - A tactic designed to stop a suspect's vehicle by intentionally placing a law
enforcement vehicle or other immovable object in the path of the suspect's vehicle.
Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.
Tire deflation device - A device designed to puncture the tires of the pursued vehicle.
Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without
activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle
will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of
participation in the pursuit.
Vehicle pursuit - An event involving one or more law enforcement officers attempting to
apprehend a suspect, who is attempting to avoid arrest while operating a vehicle by using high-
speed driving or other evasive tactics, such as driving off a highway, turning suddenly or driving
in a legal manner but willfully failing to yield to an officer's emergency signal to stop.
Violent Felony Imminent Threat — For this policy, violent felony imminent threat means a person
has used or threatened to use deadly force/inflict serious injury on another or an officer reasonably
believes that a person would use deadly force/inflict serious injury against any person unless
immediately apprehended.
Violent Felony Crimes- For this policy, a violent felony crime is defined as any crime designated
as a felony under Iowa law that has as an element of the use, attempted use, or threatened use of
physical force against another, or is burglary, arson, or extortion, or otherwise involves conduct
that presents a serious potential risk of physical injury to another.
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Felony Property Crimes- For this policy, felony property crime means any property felony crime.
This definition specifically includes (officers shall not pursue) a bank robbery where only a note
was displayed, shoplifting related calls where no weapon was displayed, stolen vehicles, and
suspected impaired drivers.
Serious Injury- For this policy serious injury means bodily injury which does any of the following:
creates a substantial risk of death, causes serious permanent disfigurement, causes protracted
loss or impairment of the function of any bodily member or organ.
307.2 POLICY
It is the policy of this department to weigh the importance of apprehending suspects who unlawfully
flee from law enforcement against the risks associated with vehicle pursuits.
307.3 OFFICER RESPONSIBILITIES
Vehicle pursuits shall only be conducted using authorized police department emergency vehicles
that are equipped with and displaying emergency lighting and sirens as required by law.
Officers shall drive with due regard for the safety of all persons and property. However, officers
may, when in pursuit of a suspect and provided there is no unreasonable risk to persons and
property (Iowa Code § 321.231)
(a) Proceed past a red or stop signal or stop sign but only after slowing down as may be
necessary for safe operation.
(b) Exceed the speed limit.
(c) Disregard regulations governing direction of movement or turning in specified
directions.
rd) Park osstand in (hF roadway.
(e) Drive on the shoulder or median of a highway;
(f) Disregard laws or regulations govern(rlaking or passing other m�
307.3.1 WHEN TO INITIATE A PURSUIT
Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect, who
has been given an appropriate signal to stop by a law enforcement officer, is attempting to evade
arrest or detention by fleeing in a vehicle and the driver or occupant is believed to be a person
who has used or threated to use deadly forcefinflict serious injury on anther or the officer
reasonably believes that the driver or occupant would use deadly force/inflict serious injury against
another unless immediately apprehended.
The safety of department members and the public should be the primary consideration when determining
whether a vehicle pursuit should be initiated or continued. Officers must be mindful that immediate
apprehension of a suspect is rarely more important than the safety of the public and department members.
Factors that shall be considered, both individually and collectively, when deciding to initiate or
continue a pursuit include, but are not limited to:
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(a) The seriousness of the known or reasonably suspected crime and its relationship to
community safety.
(b) The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
officers, innocent motorists and others.
(c) The safety of the public in the area of the pursuit, including the type of area, time of
day, the amount of vehicular and pedestrian traffic (e.g., school zones) and the speed
of the pursuit relative to these factors.
(d) The pursuing officers' familiarity with the area of the pursuit, the quality of radio
communications between the pursuing vehicles and dispatcher/supervisor, and the
driving capabilities of the pursuing officers under the conditions of the pursuit.
(e) Whether weather, traffic and road conditions unreasonably increase the danger of the
pursuit when weighed against the risks resulting from the suspect's escape.
(f) Whether the identity of the suspect has been verified and whether there is
comparatively minimal risk in allowing the suspect to be apprehended at a later time.
(g) The performance capabilities of the vehicles used in the pursuit in relation to the speed
and other conditions of the pursuit.
(h) Emergency lighting and siren limitations on unmarked police department vehicles
that may reduce visibility of the vehicle, such as visor or dash -mounted lights,
concealable or temporary emergency lighting equipment and concealed or obstructed
siren positioning.
(i) Vehicle speeds.
Q) Other persons in or on the pursued vehicle (e.g., passengers, co -offenders and
hostages).
(k) The availability of other resources, such as air support assistance.
(1) Whetherthe pursuing vehicle is carrying passengers otherthan on -duty police officers.
Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless
exigent circumstances exist, and then only after the need to apprehend the suspect
is weighed against the safety of the arrestee in transport. A vehicle containing more
than a single arrestee should not be involved in a pursuit.
(m) Officers shall not pursue vehicles for:
1. Traffic violations
2. Misdemeanors, including those that are safety related, such as Owls
3. Felony property crimes
4. Violent felony crimes with no imminent threat
(n) Officers may pursue vehicles for violent felonies with imminent threat but should be familiar
with and use the following Pursuit Decision Matrix as guidance in determining whether to
initiate or continue a pursuit. It is a guide designed to assist the officers in their use of
discretion and shall be followed when making vehicular pursuit decisions. The degrees of
risk associated with vehicular pursuit in specific circumstances are defined as follows:
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PURSUIT DECISION MATRIX GUIDES
LOWER RISK
1.Marked vehicles
2. Straight roads, good surfaces, clear line of sight
3.Few intersections
4. Few or no pedestrians
5. Good weather
6. No hazardous maneuvers by violator
7. Speeds at or less than 20 m.p.h. over the posted limit
8.Officer is calm and in control
9.Lack of special circumstances (i.e., school zones, hospitals, etc.)
MODERATE RISK
HIGH RISK
l.Some intersecting streets (i.e., residential area)
2. Light pedestrian traffic
3.Moderate traffic, little congestion
4. Speeds 20 m.p.h. greater than the posted speed limit
5.Officer generally calm, under control
6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass
vehicles, sudden lane changes) by the violator.
1. Frequent intersecting streets (i.e., a business district)
2. Poor weather, slippery streets, low visibility
3. Blind curves or intersections, narrow streets
4. Numerous pedestrians
5. Heavy, congested traffic
6. Speed twice the posted speed limit, or greater than 80 m.p.h.
7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to
stop for red lights) by the violator
8.Numerous vehicles in pursuit
9.Officer excited, not in full control of emotions
10. Existence of special circumstances (i.e., school zones, hospitals, etc.)
PURSUIT DECISION MATRIX
NATURE OF
OFFENSE
LOWER RISK
May Pursue. May Pursue,
VIOLENT FELONY
May Pursue.
IMMINENT
Continue To Assess
Continue To Assess Discontinue If Risks
THREAT
Risk.
Risk. xceed Known
;eat To Public
- ; Is
Ll
Deciding to initiate or continue a vehicle pursuit is a decision that an officer must make quickly and
under unpredictable and dynamic circumstances. It is recognized that vehicle pursuits may place
department members and the public at significant risk. Therefore, no officer or supervisor shall be
criticized or disciplined for deciding not to engage in a vehicle pursuit because of the perceived
risk involved.
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307.3.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be terminated whenever the totality of objective circumstances known or which
reasonably ought to be known to the officer or supervisor during the pursuit indicates that the
present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the
suspect's escape.
When a supervisor directs the pursuit to be terminated, officers shall immediately terminate the
pursuit.
The factors listed in this policy on initiating a pursuit will apply equally to the decision to
terminate a pursuit. Officers and supervisors must objectively and continuously weigh the
seriousness of the offense against the potential danger to innocent motorists, themselves and the
public when electing to continue a pursuit.
In addition to the factors that govern when initiating a pursuit is allowable, other factors should be
considered in deciding whether to terminate a pursuit, including:
(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that
further pursuit would be futile or require the pursuit to continue for an unreasonable
time or distance.
(b) The pursued vehicle's location is no longer definitely known.
(c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe
to drive.
(d) The pursuing vehicle's emergency lighting equipment or siren becomes partially or
completely inoperable.
(e) Hazards posed to uninvolved bystanders or motorists.
(f) The danger that the continued pursuit poses to the public, the officers or the suspect,
balanced against the risk of allowing the suspect to remain at large.
(g) The identity of the suspect is known and it does not reasonably appear that the need
for immediate capture outweighs the risks associated with continuing the pursuit.
307.4 PURSUIT VEHICLES
When involved in a pursuit, unmarked police department emergency vehicles should be replaced
by marked emergency vehicles whenever practicable.
Vehicle pursuits should be limited to three police department emergency vehicles . However, the
number of vehicles involved will vary with the circumstances.
An officer or supervisor may request that additional vehicles join a pursuit if, after assessing the
factors outlined above, it appears that the number of officers involved would be insufficient to safely
arrest the number of suspects. All other officers shall stay out of the pursuit but should remain alert
to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed
to the pursuit termination point at legal speeds, following the appropriate rules of the road.
307.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT
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Officers operating vehicles not equipped with emergency lights and siren are prohibited from
initiating or joining in any pursuit. Officers in such vehicles may provide
support to pursuing vehicles as long as the vehicle is operated in compliance with all traffic laws.
Those officers should discontinue such support immediately upon arrival of a sufficient number of
authorized emergency police department vehicles or any air support.
307.4.3 PRIMARY PURSUIT VEHICLE RESPONSIBILITIES
The initial pursuing officer will be designated as the primary pursuit vehicle and will be responsible
for the conduct of the pursuit unless he/she is unable to remain reasonably close to the suspect's
vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the
suspect without unreasonable danger to him/herself or others.
The primary pursuing officer should notify the dispatcher, commencing with a request for priority
radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable provide
information including, but not limited to:
(a) The location, direction of travel and estimated speed of the suspect's vehicle.
(b) The description of the suspect's vehicle including the license plate number, if known.
(c) The reason for the pursuit.
(d) The use of firearms, threat of force, violence, injuries, hostages or other unusual
hazards.
(e) The number of occupants and identity or description.
(f) The weather, road and traffic conditions.
(g) The need for any additional resources or equipment.
(h) The identity of other law enforcement agencies involved in the pursuit.
Until relieved by a supervisor or a secondary pursuing officer, the officer in the primary pursuit
vehicle shall be responsible for broadcasting the progress of the pursuit. Unless circumstances
reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable,
relinquish the responsibility of broadcasting the progress of the pursuit to an officer in a secondary
pursuit vehicle or to air support joining the pursuit to minimize distractions and allow the primary
pursuing officer to concentrate foremost on safe pursuit tactics.
307.4.4 SECONDARY PURSUIT VEHICLE RESPONSIBILITIES
The second officer in the pursuit will be designated as the secondary pursuit vehicle and is
responsible for:
(a) Immediately notifying the dispatcher of his/her entry into the pursuit.
(b) Remaining a safe distance behind the primary pursuit vehicle unless directed to
assume the role of primary pursuit vehicle or if the primary pursuit vehicle is unable
to continue the pursuit.
(c) Broadcasting information that the primary pursuing officer is unable to provide.
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(d) Broadcasting the progress of the pursuit, updating known or critical information and
providing changes in the pursuit, unless the situation indicates otherwise.
(e) Identifying the need for additional resources or equipment as appropriate.
(f) Serving as backup to the primary pursuing officer once the suspect has been stopped.
307.5 PURSUIT DRIVING
The decision to use specific driving tactics requires the same assessment of the factors the officer
considered when determining whether to initiate and/or terminate a pursuit. The following are
tactics for officers who are involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will
space themselves from other involved vehicles such that they are able to see and
avoid hazards or react safely to unusual maneuvers by the fleeing vehicle.
(b) Because intersections can present increased risks, the following tactics should be
considered:
1. Available officers not directly involved in the pursuit may proceed safely to
controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing officers should exercise due caution and slow down as may be
necessary when proceeding through intersections.
(c) As a general rule, officers should not pursue a vehicle driving the wrong direction on a
roadway or highway in the event the pursued vehicle does so, the following tactics
should be considered:
1. Maintain visual contact with the pursued vehicle by paralleling the vehicle while
driving on the correct side of the roadway.
2. Request other officers to observe exits available to the suspect.
(d) Notify other law enforcement agency if it appears that the pursuit may enter its
jurisdiction.
(a) Officers involved in a pursuit should not attempt to pass other pursuing vehicles unless
the situation indicates otherwise, or they are requested to do so by the pursuing officer
and with a clear understanding of the maneuver process between the involved officers.
307.5.1 PURSUIT TRAILING
In the event that initial pursuing officers relinquish control of the pursuit to another agency, the
initial officers may, with the permission of a supervisor, trail the pursuit to the termination point in
order to provide information and assistance for the arrest of the suspect and reporting the incident.
307.5.3 OFFICERS NOT INVOLVED IN THE PURSUIT
Officers who are not involved in the pursuit should remain in their assigned areas, should
not parallel the pursuit route and should not become involved with the pursuit unless directed
otherwise by a supervisor. Uninvolved officers are authorized to use emergency equipment at
intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to
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protect the public. Those officers should attempt to place their vehicles in locations that provide
some safety or an escape route in the event of an unintended collision or if the suspect intentionally
tries to ram the police department vehicle.
Non -pursuing members needed for non -emergency duties at the pursuit termination point should
respond in a non- emergency manner, observing the rules of the road.
The primary pursuit vehicle, secondary pursuit vehicle and supervisor vehicle should be the only
vehicles operating under emergency conditions (emergency lights and siren) unless other officers
are assigned to the pursuit.
307.6 SUPERVISORY CONTROL AND RESPONSIBILITIES
Available supervisory and management control will be exercised over all vehicle pursuits involving
officers from this department.
The supervisor of the officer initiating the pursuit, or if unavailable, the on -duty supervisor, will be
responsible for:
(a) Immediately notifying involved officers and the dispatcher of supervisory presence and
ascertaining all reasonably available information to continuously assess the situation
and risk factors associated with the pursuit. This is to ensure that the pursuit is
conducted within established department guidelines.
(b) Engaging in the pursuit, when appropriate, to provide on -scene supervision.
(c) Exercising management and control of the pursuit even if not engaged in it.
(d) Ensuring that no more than the required law enforcement vehicles are involved in the
pursuit under the guidelines set forth in this policy.
(e) Directing that the pursuit be terminated if, in his/her judgment, it is not justified to
continue the pursuit under the guidelines of this policy.
(f) Ensuring that canines or additional resources are requested, if available and
appropriate.
(g) Ensuring that the proper radio channel is being used-
(h) Ensuring that the Watch Commander is notified of the pursuit, as soon as practicable.
(i) Ensuring the notification and/or coordination of outside agencies if the pursuit either
leaves or is likely to leave the jurisdiction of this department.
(j) Controlling and managing Iowa City Police Department officers when a pursuit enters
another jurisdiction.
(k) Preparing a post -pursuit review and documentation of the pursuit as required. If the
Watch Commander was directly involved in the pursuit this will be completed by the
Field Operations Commander.
307.7 JOHNSON COUNTY EMERGENCY COMMUNICATIONS CENTER (JECC)
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Communication Center Responsibilities - Communications during a pursuit is vital to the
safe apprehension of the offender as well as the safety of the officers and bystanders.
Emergency communications during pursuits will be conducted according to the
established policies and practices of the Joint Emergency Communications Center and
currently include the following;
1. Immediately upon receiving information that an officer is in pursuit, the ECO will
advise all other non -emergency radio traffic to move to another channel and give
the pursuing officer priority use of Law 1. The ECO will advise the pursuing officer
of any pertinent information concerning the area of the pursuit.
2. Notify a watch commander/supervisor of the pursuit in progress.
3. The ECO shall record on the CAD log all the information furnished by the officer
during the pursuit.
4. As long as the pursuit is continued, the ECO will manage the pursuit
communications by re -broadcasting transmissions of relevance to other units
involved.
5. Contact surrounding agencies and advise them of the pursuit. We do not
encourage involvement of other agencies in the pursuit other than for perimeter
control and assistance in attempts to identify the violator unless specifically
requested otherwise.
6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the
ECO will contact the appropriate law enforcement agency with necessary
information.
7. As time permits, the ECO will run vehicle and registered owner information and
broadcast pertinent information
307.8 LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the involved officers should broadcast pertinent information
to assist other officers in locating the vehicle. The primary pursuing officer or supervisor will be
responsible for coordinating any further search for either the pursued vehicle or suspects fleeing
on foot.
307.9 INTERJURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary pursuing officer or supervisor,
taking into consideration the distance traveled, unfamiliarity with the area and other pertinent facts,
should determine whether to request the other agency to assume the pursuit.
Unless entry into another jurisdiction is expected to be brief, it is generally recommended that
the primary pursuing officer or supervisor ensure that notification is provided to each outside
jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether the
jurisdiction is expected to assist.
307.9.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY
Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless
the continued assistance of the Iowa City Police Department is requested by the agency assuming
the pursuit. Upon relinquishing control of the pursuit, the involved officers may proceed, with
supervisory approval, to the termination point of the pursuit to assist in the investigation. The
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supervisor should coordinate such assistance with the assuming agency and obtain any
information that is necessary for any reports.
The roles and responsibilities of officers at the termination point of a pursuit initiated by this
department shall be coordinated with appropriate consideration of the needs of the agency
assuming the pursuit.
Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be speck. Because of
communication limitations between local law enforcement agencies, a request for another
agency's assistance will mean that its personnel will assume responsibility for the pursuit. For the
same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to
this department, the other agency should relinquish control.
307.9.2 PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit shall be responsible for conducting the pursuit. Officers from
this department should not join a pursuit unless specifically requested to do so by the pursuing
agency, the reason for the pursuit is for a violent felony wth imminent threat, and with approval from a
supervisor. The exception to this is when a single vehicle from the initiating agency is in pursuit.
Under this circumstance, an officer from this department may, with supervisor approval,
immediatelyjoin the pursuit until sufficient vehicles from the initiating agencyjoin the pursuit or until
additional information is provided allowing withdrawal from the pursuit.
When a request is made for this department to assist or take over a pursuit that has entered the
jurisdiction of the Iowa City Police Department, the supervisor should consider:
(a) The public's safety within this jurisdiction.
(b) The safety of the pursuing officers.
(c) Whether the circumstances are serious enough to continue the pursuit.
(d) Whether there is adequate staffing to continue the pursuit.
(e) The ability to maintain the pursuit.
As soon as practicable, a supervisor should review a request for assistance from another agency.
The supervisor, after considering the above factors, may decline to assist in or assume the other
agency's pursuit.
Assistance to a pursuing agency by officers of this department will conclude at the City limits,
provided that the pursuing agency has sufficient assistance from other sources. Ongoing
participation from this department may continue only until sufficient assistance is present.
In the event that the termination point of a pursuit from another agency is within this jurisdiction,
officers shall provide appropriate assistance including, but not limited to, scene control, coordination
and completion of supplemental reports and any other assistance requested or needed.
307.10.2 USE OF FIREARMS
The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves
all the dangers associated with discharging firearms. Officers should not utilize firearms during an
ongoing pursuit unless the conditions and circumstances meet the requirements authorizing the
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use of deadly force. Nothing in this section shall be construed to prohibit any officer from using a
firearm to stop a suspect from using a vehicle as a deadly weapon.
307.10.3 INTERVENTION STANDARDS
Any intervention tactic, depending upon the conditions and circumstances under which it is used,
may present dangers to the officers, the public or anyone in or on the vehicle being pursued.
Certain applications of intervention tactics may be construed to be a use of force, including deadly
force, and are subject to policies guiding such use. Officers shall consider these facts and
requirements priorto deciding how, when, where and if an intervention tactic should be employed.
(a) Tire deflation devices should be deployed only after notification of pursuing officers
and the supervisor of the intent and location of the intended deployment, and in a
manner that:
1. Should reasonably only affect the pursued vehicle.
2. Provides the deploying officer adequate cover and escape from intentional or
unintentional exposure to the approaching vehicle.
3. Takes into account the limitations of such devices as well as the potential risk
to officers, the public and occupants of the pursued vehicle.
4. Takes into account whether the pursued vehicle is a motorcycle, a vehicle
transporting hazardous materials or a school bus transporting children.
(b) Use of fuses or traffic cones to set up an apparent roadblock in advance of the
pursued vehicle. Remember to clear the road and select a safe location.
(c) Do not use the spotlight focused on the back window of the pursued vehicle.
(d) Stationary roadblocks are prohibited.
(e) Moving roadblocks are prohibited.
(f) Ramming is prohibited.
307.11 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion of
a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that
reasonably appears necessary given the facts and circumstances perceived by the officer at the
time of the event to accomplish a legitimate law enforcement purpose.
Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to
apprehend the suspect following the pursuit. Officers should consider the safety of the public
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and the involved officers when formulating plans for setting up perimeters or for containing and
capturing the suspect.
307.12 REPORTING REQUIREMENTS
(a) The pursuing officer will forward a written report detailing the pursuit to the watch
supervisor/ watch commander before completing their tour of duty. The watch
supervisor will forward a written report to the Commander of Field Operations within
10 days unless an extension is allowed by the Commander of Field Operations. The
reports shall include:
1. Evaluation of the circumstances involved.
2. If the initiating officer followed the required procedures.
3. Were there other units involved and did they follow procedures?
4. Did communications perform their responsibilities?
5. Did supervisors perform their responsibilities?
6. Was force used to stop the vehicle, i.e. controlled stopping devices?
7. Were procedures followed regarding termination of pursuits?
(b) The supervisor of the unit initiating the pursuit shall be responsible for submission
of a written analysis and critique of the pursuit through the chain of command to the
Chief of Police. The report shall include an evaluation of the pursuit referring to the
circumstances and adherence to this policy.
(c) A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be
completed. The "Supervisory Review" needs only to note that a separate pursuit
analysis was completed and list any policy violations.
(d) As a vehicular pursuit is deemed a "use of force", the Department's Use of Force
policy and Use of Force continuum apply to vehicular pursuits.
(e) On an annual basis a documented analysis of all pursuits for the past calendar year
shall be completed. This report shall be completed by the Sergeant of Planning and
Research and be forwarded to the Chief of Police. The analysis is intended to
reveal patterns or trends that indicate training needs and/or policy modifications.
307.13 REGULAR AND PERIODIC PURSUIT TRAINING
In addition to initial and supplementary training on pursuits, all officers will participate, no less than
annually, in regular and periodic training addressing this policy and the importance of vehicle safety
and protecting the public. Training will include recognition of the need to balance the known offense
and the need for immediate capture against the risks to officers and others.
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307.14 POLICY REVIEW
Officers of this department shall certify in writing that they have received, read and understand
this policy initially, upon any amendments and whenever training on the policy is provided.
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307.1 PURPOSE AND SCOPE
City Clerk
IbWd City, Iowa
This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers,
the public and fleeing suspects.
307.1.1 DEFINITIONS
Definitions related to this policy include:
Blocking or vehicle intercept - A slow -speed coordinated maneuver where two or more pursuing
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which
may be unaware of the impending enforcement stop. The goal is containment and preventing a
pursuit. Blocking is not a moving or stationary road block.
Boxing -in - A tactic designed to stop a suspect's vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.
Pursuit Intervention Technique (PIT) - A low -speed maneuver designed to cause the suspect
vehicle to spin out, stall and come to a stop.
Ramming - The deliberate act of contacting a suspect's vehicle with another law enforcement
vehicle to functionally damage or otherwise force the suspect's vehicle to stop.
Roadblocks - A tactic designed to stop a suspect's vehicle by intentionally placing a law
enforcement vehicle or other immovable object in the path of the suspect's vehicle.
Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.
Tire deflation device - A device designed to puncture the tires of the pursued vehicle.
Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without
activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle
will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of
participation in the pursuit.
Vehicle pursuit - An event involving one or more law enforcement officers attempting to
apprehend a suspect, who is attempting to avoid arrest while operating a vehicle by using high-
speed driving or other evasive tactics, such as driving off a highway, turning suddenly or driving
in a legal manner but willfully failing to yield to an officer's emergency signal to stop.
Violent Felony Imminent Threat — For this policy, violent felony imminent threat means a person
has used or threatened to use deadly force/inflict serious injury on another or an officer reasonably
believes that a person would use deadly force/inflict serious injury against any person unless
immediately apprehended.
Violent Felony Crimes- For this policy, a violent felony crime is defined as any crime designated
as a felony under Iowa law that has as an element of the use, attempted use, or threatened use of
physical force against another, or is burglary, arson, or extortion, or otherwise involves conduct
that presents a serious potential risk of physical injury to another.
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Felony Property Crimes- For this policy, felony property crime means any property felony crime.
This definition specifically includes (officers shall not pursue) a bank robbery where only a note
was displayed, shoplifting related calls where no weapon was displayed, stolen vehicles, and
suspected impaired drivers.
Serious Injury- For this policy serious injury means bodily injury which does any of the following:
creates a substantial risk of death, causes serious permanent disfigurement, causes protracted
loss or impairment of the function of any bodily member or organ.
307.2 POLICY
It is the policy of this department to weigh the importance of apprehending suspects who unlawfully
flee from law enforcement against the risks associated with vehicle pursuits.
307.3 OFFICER RESPONSIBILITIES
Vehicle pursuits shall only be conducted using authorized police department emergency vehicles
that are equipped with and displaying emergency lighting and sirens as required by law.
Officers shall drive with due regard for the safety of all persons and property. However, officers
may, when in pursuit of a suspect and provided there is no unreasonable risk to persons and
property (Iowa Code § 321.231) (Iowa Code § 321.231 B;
(a) Proceed past a red or stop signal or stop sign but only after slowing down as may be
necessary for safe operation.
(b) Exceed the speed limit.
(c) Disregard regulations governing direction of movement or turning in specified
directions.
(d) Park or stand in the roadway.
(e) Drive on the shoulder or median of a highway.
(f) Disregard laws or regulations governing overtaking or passing other motorists.
307.3.1 WHEN TO INITIATE A PURSUIT
Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect, who
has been given an appropriate signal to stop by a law enforcement officer, is attempting to evade
arrest or detention by fleeing in a vehicle and the driver or occupant is believed to be a person
who has used or threated to use deadly force/inflict serious injury on anther or the officer
reasonably believes that the driver or occupant would use deadly force/inflict serious injury against
another unless immediately apprehended.
The safety of department members and the public should be the primary consideration when determining
whether a vehicle pursuit should be initiated or continued. Officers must be mindful that immediate
apprehension of a suspect is rarely more important than the safety of the public and department members.
Factors that shall be considered, both individually and collectively, when deciding to initiate or
continue a pursuit include, but are not limited to:
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(a) The seriousness of the known or reasonably suspected crime and its relationship to
community safety.
(b) The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
officers, innocent motorists and others.
(c) The safety of the public in the area of the pursuit, including the type of area, time of
day, the amount of vehicular and pedestrian traffic (e.g., school zones) and the speed
of the pursuit relative to these factors.
(d) The pursuing officers' familiarity with the area of the pursuit, the quality of radio
communications between the pursuing vehicles and dispatcher/supervisor, and the
driving capabilities of the pursuing officers under the conditions of the pursuit.
(e) Whether weather, traffic and road conditions unreasonably increase the danger of the
pursuit when weighed against the risks resulting from the suspect's escape.
(f) Whether the identity of the suspect has been verified and whether there is
comparatively minimal risk in allowing the suspect to be apprehended at a later time.
(g) The performance capabilities of the vehicles used in the pursuit in relation to the speed
and other conditions of the pursuit.
(h) Emergency lighting and siren limitations on unmarked police department vehicles
that may reduce visibility of the vehicle, such as visor or dash -mounted lights,
concealable or temporary emergency lighting equipment and concealed or obstructed
siren positioning.
(i) Vehicle speeds.
(j) Other persons in or on the pursued vehicle (e.g., passengers, co -offenders and
hostages).
(k) The availability of other resources, such as air support assistance.
(1) Whetherthe pursuing vehicle is carrying passengers otherthan on -duty police officers.
Pursuits should not be undertaken with an arrestee in the pursuit vehicle unless
exigent circumstances exist, and then only after the need to apprehend the suspect
is weighed against the safety of the arrestee in transport. A vehicle containing more
than a single arrestee should not be involved in a pursuit.
(m) Officers shall not pursue vehicles for:
1. Traffic violations
2. Misdemeanors, including those that are safety related, such as OWIs
3. Felony property crimes
4. Violent felony crimes with no imminent threat
(n) Officers may pursue vehicles for violent felonies with imminent threat but should be familiar
with and use the following Pursuit Decision Matrix as guidance in determining whether to
initiate or continue a pursuit. It is a guide designed to assist the officers in their use of
discretion and shall be followed when making vehicular pursuit decisions. The degrees of
risk associated with vehicular pursuit in specific circumstances are defined as follows:
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PURSUIT DECISION MATRIX GUIDES
LOWER RISK
LMarked vehicles
2.Straight roads, good surfaces, clear line of sight
3.Few intersections
4.Few or no pedestrians
5.Good weather
6.No hazardous maneuvers by violator
7.Speeds at or less than 20 m.p.h. over the posted limit
8.Officer is calm and in control
9.1-ack of special circumstances (i.e., school zones, hospitals, etc.)
MODERATE RISK
HIGH RISK
1. Some intersecting streets (i.e., residential area)
2. Light pedestrian traffic
3.Moderate traffic, little congestion
4.Speeds 20 m.p.h. greater than the posted speed limit
5.Officer generally calm, under control
6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass
vehicles, sudden lane changes) by the violator.
1.Frequent intersecting streets (i.e., a business district)
2.Poor weather, slippery streets, low visibility
3. Blind curves or intersections, narrow streets
4.Numerous pedestrians
5.Heavy, congested traffic
6. Speed twice the posted speed limit, or greater than 80 m.p.h.
7.Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to
stop for red lights) by the violator
8.Numerous vehicles in pursuit
9.Officer excited, not in full control of emotions
10. Existence of special circumstances (i.e., school zones, hospitals, etc.)
PURSUIT DECISION MATRIX
NATURE OF
OFFENSE
LOWER RISK
May Pursue. ;y Pursue.
VIOLENT FELONY
May Pursue.
IMMINENT
Continue To Assess
Continue To Assess ,continue If Risks
THREAT
Risk.
Risk. Weed Known
neat To Public.
Deciding to initiate or continue a vehicle pursuit is a decision that an officer must make quickly and
under unpredictable and dynamic circumstances. It is recognized that vehicle pursuits may place
department members and the public at significant risk. Therefore, no officer or supervisor shall be
criticized or disciplined for deciding not to engage in a vehicle pursuit because of the perceived
risk involved.
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307.3.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be terminated whenever the totality of objective circumstances known or which
reasonably ought to be known to the officer or supervisor during the pursuit indicates that the
present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the
suspect's escape.
When a supervisor directs the pursuit to be terminated, officers shall immediately terminate the
pursuit.
The factors listed in this policy on initiating a pursuit will apply equally to the decision to
terminate a pursuit. Officers and supervisors must objectively and continuously weigh the
seriousness of the offense against the potential danger to innocent motorists, themselves and the
public when electing to continue a pursuit.
In addition to the factors that govem when initiating a pursuit is allowable, other factors should be
considered in deciding whether to terminate a pursuit, including:
(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that
further pursuit would be futile or require the pursuit to continue for an unreasonable
time or distance.
(b) The pursued vehicle's location is no longer definitely known.
(c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe
to drive.
(d) The pursuing vehicle's emergency lighting equipment or siren becomes partially or
completely inoperable.
(a) Hazards posed to uninvolved bystanders or motorists.
(f) The danger that the continued pursuit poses to the public, the officers or the suspect,
balanced against the risk of allowing the suspect to remain at large.
(g) The identity of the suspect is known and it does not reasonably appear that the need
for immediate capture outweighs the risks associated with continuing the pursuit.
307.4 PURSUIT VEHICLES
When involved in a pursuit, unmarked police department emergency vehicles should be replaced
by marked emergency vehicles whenever practicable.
Vehicle pursuits should be limited to three police department emergency vehicles . However, the
number of vehicles involved will vary with the circumstances.
An officer or supervisor may request that additional vehicles join a pursuit if, after assessing the
factors outlined above, it appears that the number of officers involved would be insufficient to safely
arrest the number of suspects. All other officers shall stay out of the pursuit but should remain alert
to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed
to the pursuit termination point at legal speeds, following the appropriate rules of the road.
307.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT
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Officers operating vehicles not equipped with emergency lights and siren are prohibited from
initiating or joining in any pursuit. (Iowa Code § 321.231) Officers in such vehicles may provide
support to pursuing vehicles as long as the vehicle is operated in compliance with all traffic laws.
Those officers should discontinue such support immediately upon arrival of a sufficient number of
authorized emergency police department vehicles or any air support.
307.4.3 PRIMARY PURSUIT VEHICLE RESPONSIBILITIES
The initial pursuing officer will be designated as the primary pursuit vehicle and will be responsible
for the conduct of the pursuit unless he/she is unable to remain reasonably close to the suspect's
vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the
suspect without unreasonable danger to him/herself or others.
The primary pursuing officer should notify the dispatcher, commencing with a request for priority
radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable provide
information including, but not limited to:
(a) The location, direction of travel and estimated speed of the suspect's vehicle.
(b) The description of the suspect's vehicle including the license plate number, if known.
(c) The reason for the pursuit.
(d) The use of firearms, threat of force, violence, injuries, hostages or other unusual
hazards.
(e) The number of occupants and identity or description.
(f) The weather, road and traffic conditions.
(g) The need for any additional resources or equipment.
(h) The identity of other law enforcement agencies involved in the pursuit.
Until relieved by a supervisor or a secondary pursuing officer, the officer in the primary pursuit
vehicle shall be responsible for broadcasting the progress of the pursuit. Unless circumstances
reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable,
relinquish the responsibility of broadcasting the progress of the pursuit to an officer in a secondary
pursuit vehicle or to air support joining the pursuit to minimize distractions and allow the primary
pursuing officer to concentrate foremost on safe pursuit tactics.
307.4.4 SECONDARY PURSUIT VEHICLE RESPONSIBILITIES
The second officer in the pursuit will be designated as the secondary pursuit vehicle and is
responsible for:
(a) Immediately notifying the dispatcher of his/her entry into the pursuit.
(b) Remaining a safe distance behind the primary pursuit vehicle unless directed to
assume the role of primary pursuit vehicle or if the primary pursuit vehicle is unable
to continue the pursuit.
(c) Broadcasting information that the primary pursuing officer is unable to provide.
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(d) Broadcasting the progress of the pursuit, updating known or critical information and
providing changes in the pursuit, unless the situation indicates otherwise.
(e) Identifying the need for additional resources or equipment as appropriate.
(f) Serving as backup to the primary pursuing officer once the suspect has been stopped.
307.5 PURSUIT DRIVING
The decision to use specific driving tactics requires the same assessment of the factors the officer
considered when determining whether to initiate and/or terminate a pursuit. The following are
tactics for officers who are involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will
space themselves from other involved vehicles such that they are able to see and
avoid hazards or react safely to unusual maneuvers by the fleeing vehicle.
(b) Because intersections can present increased risks, the following tactics should be
considered:
1. Available officers not directly involved in the pursuit may proceed safely to
controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing officers should exercise due caution and slow down as may be
necessary when proceeding through controlled intersections.
(c) As a general rule, officers should not pursue a vehicle driving the wrong direction on a
roadway or highway in the event the pursued vehicle does so, the following tactics
should be considered:
1. Maintain visual contact with the pursued vehicle by paralleling the vehicle while
driving on the correct side of the roadway.
2. Request other officers to observe exits available to the suspect.
(d) Notify other law enforcement agency if it appears that the pursuit may enter its
jurisdiction.
(e) Officers involved in a pursuit should not attempt to pass other pursuing vehicles unless
the situation indicates otherwise, or they are requested to do so by the pursuing officer
and with a clear understanding of the maneuver process between the involved officers.
307.5.1 PURSUIT TRAILING
In the event that initial pursuing officers relinquish control of the pursuit to another agency, the
initial officers may, with the permission of a supervisor, trail the pursuit to the termination point in
order to provide information and assistance for the arrest of the suspect and reporting the incident.
307.5.3 OFFICERS NOT INVOLVED IN THE PURSUIT
Officers who are not involved in the pursuit should remain in their assigned areas, should
not parallel the pursuit route and should not become involved with the pursuit unless directed
otherwise by a supervisor. Uninvolved officers are authorized to use emergency equipment at
intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to
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protect the public. Those officers should attempt to place their vehicles in locations that provide
some safety or an escape route in the event of an unintended collision or if the suspect intentionally
tries to ram the police department vehicle.
Non -pursuing members needed for non -emergency duties at the pursuit termination point should
respond in a non- emergency manner, observing the rules of the road.
The primary pursuit vehicle, secondary pursuit vehicle and supervisor vehicle should be the only
vehicles operating under emergency conditions (emergency lights and siren) unless other officers
are assigned to the pursuit.
307.6 SUPERVISORY CONTROL AND RESPONSIBILITIES
Available supervisory and management control will be exercised over all vehicle pursuits involving
officers from this department.
The supervisor of the officer initiating the pursuit, or if unavailable, the on -duty supervisor, will be
responsible for:
(a) Immediately notifying involved officers and the dispatcher of supervisory presence and
ascertaining all reasonably available information to continuously assess the situation
and risk factors associated with the pursuit. This is to ensure that the pursuit is
conducted within established department guidelines.
(b) Engaging in the pursuit, when appropriate, to provide on -scene supervision.
(c) Exercising management and control of the pursuit even if not engaged in it.
(d) Ensuring that no more than the required law enforcement vehicles are involved in the
pursuit under the guidelines set forth in this policy.
(e) Directing that the pursuit be terminated if, in his/her judgment, it is not justified to
continue the pursuit under the guidelines of this policy.
(f) Ensuring that canines or additional resources are requested, if available and
appropriate.
(g) Ensuring that the proper radio channel is being used.
(h) Ensuring that the Watch Commander is notified of the pursuit, as soon as practicable.
(i) Ensuring the notification and/or coordination of outside agencies if the pursuit either
leaves or is likely to leave the jurisdiction of this department.
(j) Controlling and managing Iowa City Police Department officers when a pursuit enters
another jurisdiction.
(k) Preparing a post -pursuit review and documentation of the pursuit as required. If the
Watch Commander was directly involved in the pursuit this will be completed by the
Field Operations Commander.
307.7 JOHNSON COUNTY EMERGENCY COMMUNICATIONS CENTER (JECC)
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Communication Center Responsibilities - Communications during a pursuit is vital to the
safe apprehension of the offender as well as the safety of the officers and bystanders.
Emergency communications during pursuits will be conducted according to the
established policies and practices of the Joint Emergency Communications Center and
currently include the following;
1. Immediately upon receiving information that an officer is in pursuit, the ECO will
advise all other non -emergency radio traffic to move to another channel and give
the pursuing officer priority use of Law 1. The ECO will advise the pursuing officer
of any pertinent information concerning the area of the pursuit.
2. Notify a watch commander/supervisor of the pursuit in progress.
3. The ECO shall record on the CAD log all the information furnished by the officer
during the pursuit.
4. As long as the pursuit is continued, the ECO will manage the pursuit
communications by re -broadcasting transmissions of relevance to other units
involved.
5. Contact surrounding agencies and advise them of the pursuit. We do not
encourage involvement of other agencies in the pursuit other than for perimeter
control and assistance in attempts to identify the violator unless specifically
requested otherwise.
6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the
ECO will contact the appropriate law enforcement agency with necessary
information.
7. As time permits, the ECO will run vehicle and registered owner information and
broadcast pertinent information
307.8 LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the involved officers should broadcast pertinent information
to assist other officers in locating the vehicle. The primary pursuing officer or supervisor will be
responsible for coordinating any further search for either the pursued vehicle or suspects fleeing
on foot.
307.9 INTERJURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary pursuing officer or supervisor,
taking into consideration the distance traveled, unfamiliarity with the area and other pertinent facts,
should determine whether to request the other agency to assume the pursuit.
Unless entry into another jurisdiction is expected to be brief, it is generally recommended that
the primary pursuing officer or supervisor ensure that notification is provided to each outside
jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether the
jurisdiction is expected to assist.
307.9.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY
Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless
the continued assistance of the Iowa City Police Department is requested by the agency assuming
the pursuit. Upon relinquishing control of the pursuit, the involved officers may proceed, with
supervisory approval, to the termination point of the pursuit to assist in the investigation. The
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supervisor should coordinate such assistance with the assuming agency and obtain any
information that is necessary for any reports.
The roles and responsibilities of officers at the termination point of a pursuit initiated by this
department shall be coordinated with appropriate consideration of the needs of the agency
assuming the pursuit.
Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be specific. Because of
communication limitations between local law enforcement agencies, a request for another
agency's assistance will mean that its personnel will assume responsibility for the pursuit. For the
same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to
this department, the other agency should relinquish control.
307.9.2 PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit shall be responsible for conducting the pursuit. Officers from
this department should not join a pursuit unless specifically requested to do so by the pursuing
agency, the reason for the pursuit is for a violent felony with imminent threat, and with approval from a
supervisor. The exception to this is when a single vehicle from the initiating agency is in pursuit.
Under this circumstance, an officer from this department may, with supervisor approval,
immediatelyjoin the pursuit until sufficient vehicles from the initiating agencyjoin the pursuit or until
additional information is provided allowing withdrawal from the pursuit.
When a request is made for this department to assist or take over a pursuit that has entered the
jurisdiction of the Iowa City Police Department, the supervisor should consider:
(a) The public's safety within this jurisdiction.
(b) The safety of the pursuing officers.
(c) Whether the circumstances are serious enough to continue the pursuit.
(d) Whether there is adequate staffing to continue the pursuit.
(a) The ability to maintain the pursuit.
As soon as practicable, a supervisor should review a request for assistance from another agency.
The supervisor, after considering the above factors, may decline to assist in or assume the other
agency's pursuit.
Assistance to a pursuing agency by officers of this department will conclude at the City limits,
provided that the pursuing agency has sufficient assistance from other sources. Ongoing
participation from this department may continue only until sufficient assistance is present.
In the event that the termination point of a pursuit from another agency is within this jurisdiction,
officers shall provide appropriate assistance including, but not limited to, scene control, coordination
and completion of supplemental reports and any other assistance requested or needed.
307.10.2 USE OF FIREARMS
The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves
all the dangers associated with discharging firearms. Officers should not utilize firearms during an
ongoing pursuit unless the conditions and circumstances meet the requirements authorizing the
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use of deadly force. Nothing in this section shall be construed to prohibit any officer from using a
firearm to stop a suspect from using a vehicle as a deadly weapon.
307.10.3 INTERVENTION STANDARDS
Any intervention tactic, depending upon the conditions and circumstances under which it is used,
may present dangers to the officers, the public or anyone in or on the vehicle being pursued.
Certain applications of intervention tactics may be construed to be a use of force, including deadly
force, and are subject to policies guiding such use. Officers shall consider these facts and
requirements prior to deciding how, when, where and if an intervention tactic should be employed.
(a) Tire deflation devices should be deployed only after notification of pursuing officers
and the supervisor of the intent and location of the intended deployment, and in a
manner that:
1. Should reasonably only affect the pursued vehicle.
2. Provides the deploying officer adequate cover and escape from intentional or
unintentional exposure to the approaching vehicle.
3. Takes into account the limitations of such devices as well as the potential risk
to officers, the public and occupants of the pursued vehicle.
4. Takes into account whether the pursued vehicle is a motorcycle, a vehicle
transporting hazardous materials or a school bus transporting children.
(b) Use of fuses or traffic cones to set up an apparent roadblock in advance of the
pursued vehicle. Remember to clear the road and select a safe location.
(c) Do not use the spotlight focused on the back window of the pursued vehicle.
(d) Stationary roadblocks are prohibited.
(e) Moving roadblocks are prohibited.
(f) Ramming is prohibited.
307.11 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion of
a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that
reasonably appears necessary given the facts and circumstances perceived by the officer at the
time of the event to accomplish a legitimate law enforcement purpose.
Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to
apprehend the suspect following the pursuit. Officers should consider the safety of the public
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and the involved officers when formulating plans for setting up perimeters or for containing and
capturing the suspect.
307.12 REPORTING REQUIREMENTS
(a) The pursuing officer will forward a written report detailing the pursuit to the watch
supervisor/ watch commander before completing their tour of duty. The watch
supervisor will forward a written report to the Commander of Field Operations within
10 days unless an extension is allowed by the Commander of Field Operations. The
reports shall include:
1. Evaluation of the circumstances involved.
2. If the initiating officer followed the required procedures.
3. Were there other units involved and did they follow procedures?
4. Did communications perform their responsibilities?
5. Did supervisors perform their responsibilities?
6. Was force used to stop the vehicle, i.e. controlled stopping devices?
7. Were procedures followed regarding termination of pursuits?
(b) The supervisor of the unit initiating the pursuit shall be responsible for submission
of a written analysis and critique of the pursuit through the chain of command to the
Chief of Police. The report shall include an evaluation of the pursuit referring to the
circumstances and adherence to this policy.
(c) A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be
completed. The "Supervisory Review" needs only to note that a separate pursuit
analysis was completed and list any policy violations.
(d) As a vehicular pursuit is deemed a "use of force", the Department's Use of Force
policy and Use of Force continuum apply to vehicular pursuits.
(a) On an annual basis a documented analysis of all pursuits for the past calendar year
shall be completed. This report shall be completed by the Sergeant of Planning and
Research and be forwarded to the Chief of Police. The analysis is intended to
reveal patterns or trends that indicate training needs and/or policy modifications.
307.13 REGULAR AND PERIODIC PURSUIT TRAINING
In addition to initial and supplementary training on pursuits, all officers will participate, no less than
annually, in regular and periodic training addressing this policy and the importance of vehicle safety
and protecting the public. Training will include recognition of the need to balance the known offense
and the need for immediate capture against the risks to officers and others.
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14 POLICY REVIEW
Officers of this department shall certify in writing that they have received, read and understand
this policy initially, upon any amendments and whenever training on the policy is provided.
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Policy Manual
Duty to Intervene and Report
346.1 PURPOSE AND SCOPE
Trust placed in the Iowa City Police Department by the community can be damaged or completely
lost if employees do not take action when encountering inappropriate conduct by other employees
or members of other law enforcement agencies. Therefore, it is paramount for personnel to
understand that immediate action and intervention is a requirement of their employment and a
component of their oath of office and code of ethics.
346.2 POLICY
All employees of the Iowa City Police Department shall have a clear understanding of the
Department's expectations pertaining to conduct and activities while on and off -duty and their duty
to intervene.
The Department is committed to protecting its employees who act on their duty to intervene to
prevent or minimize misconduct by another employee.
346.3 DEFINITION
Intervene means to come between, whether verbally or physically, so as to prevent or alter a result
or course of events.
346.4 PROCEDURES
A. Duty to Intervene
1. All employees shall intervene if they observe or become aware of what they believe to be
criminal conduct, unconstitutional behavior, unnecessary or excessive use of force, or other
actions that violate a law, City policy or department directives, by any employee of the Iowa City
Police Department.
2. In addition to the MOU signed by Johnson County law enforcement chiefs dated June 19,
2020 and notwithstanding any other provision herein, an officer present and observing any law
enforcement officer using unreasonable force shall immediately physically intervene, when in a
position to do so, to prevent the use of unreasonable force.
3. All employees shall intervene if they observe or become aware of what they believe to be
unnecessary or excessive use of force or any act that violates a law by any employee of'ahother
law enforcement agency.
4. The duty to intervene applies to all department employees, and failure to inter4hjmajNubjeet'
an employee to disciplinary action up to termination. _ .....
5. Civilian employees of the department, not trained in defensive tactics, are not regdired to
intervene physically but must immediately notify the on -duty supervisor if verbal -intervention is
not successful
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B. Duty to Report
1. Secondary in priority to intervention, but as soon as possible, all employees shall provide a
verbal report to an on —duty supervisor if they observe or become aware of what they believe to
be criminal conduct, unconstitutional behavior, unnecessary or excessive use of force, or any act
that violates a law, City policy or department directives, by any employee of the Iowa City Police
Department.
A written report of the incident shall be completed and submitted to the employee's immediate
supervisor within 24 hours.
2. Secondary in priority to intervention, but as soon as possible, all employees shall provide a
verbal report to an on -duty supervisor if they observe or become aware of what they believe to
be u uu unnecessary or excessive use of force or any act that violates a law by any employee
of another law enforcement agency.
A written report of the incident shall be completed and submitted to the employee's immediate
supervisor within 24 hours.
3. The duty to report applies to all department employees, and failure to report may subject an
employee to disciplinary action up to termination.
C. Additional Employee Responsibilities
1. Take a preventive approach to intervene if observing behavior that suggests that another
employee is about to conduct illegal and inappropriate behavior listed in section346.3.A of this
policy.
A. Examine the circumstances surrounding the incident to determine the appropriate form of
intervention.
B. Intervene verbally or physically, depending on the circumstances.
2. If aid is required by and individual, ensure that medical attention has been rendered.
346.5 SUPERVISOR RESPONSIBILITIES
1. Once learning of an incident involving an employee intervening with another employee,
separate all employees involved in the incident.
2. If aid is required by any individual, ensure that medical attention has been rendered.
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3. Ensure all parties involved in the incident complete the appropriate documentation detailing
the circumstances that led to the intervention and what, if anything, occurred once the employee
intervened.
4. Notify command staff as soon as possible.
5. Within 24 hours of the intervention complete a report of inquiry report and forward to command
staff.
6. Notify command staff if you receive a report of intervention regarding an employee of another
law enforcement agency.
346.6 COMMAND STAFF RESPONSIBILITIES
1. Notify the City Manager's office and City Attorney's office of the incident as soon as possible.
2. Review reports of employee interventions.
3. Initiate an internal affairs investigation consistent with the Departments internal affairs policy
and procedures.
4. Ensure that any community member that was the focus of any department employee's
criminal conduct, unconstitutional behavior, unnecessary or excessive use of force, or other
inappropriate activities, including but not limited to any act that violates a law, City policy or
department directives, are made aware of the department's and the Community Police Review
Board's complaint process.
5. Notify command staff of the corresponding law enforcement agency if a report of intervention
is received regarding an employee of another law enforcement agency.
6. If the report of intervention involves excessive force or a violation of someone's civil or
constitutional rights, the Johnson County Attorney's Office shall also be notified.
346.7 RETALIATION
1. There shall be no retaliation against any employee for intervening, or for assisting, testifying
or participating in the investigation of such intervention.
2. Retaliation is a form of employee misconduct.Any evidence of retaliation shall be considered
a separate violation of this policy and shall be handled by the same complaint procedures
established for harassment and discrimination complaints.
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3. Monitoring to ensure that retaliation does not occur is the responsibility of all supervisors.
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MEMORANDUM
DATE: July 13, 2022
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendments to Ordinance 8-8 requested by the Community
Police Review Board
The members of the Community Police Review Board request that the City Council
consider adopting the following proposed revision to section 8-8-8(B)(2) of the CPRB
ordinance (with suggested deletions are shown with `-Ramat):
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 nnetinn. 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 fidt board (regardless of
how many members attend the meeting at which the vote is made).
EMMA NWXWN�o
DATE: July 13, 2022
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendments to the By-laws of the Community Police Review
Board
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At their July 12, 2022 meeting, the members of the Community Police Review Board
adopted certain amendments to the board's By -Laws. Pursuant to Article X of the By -
Laws, the amendments become effective after approval by the City Council. The CPRB
members request that the City Council approve the following amendments (suggested
additions are shown with double underlined text, and suggested deletions are shown with
The first sentence of Section 1 of Article III shall be amended to read as follows:
Section 1. Qualifications. The Board shall consist of Ave (5) n 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; (including the Chairperson), who is present at a meetina
where a motion is out to vote. is required to cast a vote upon each motion, —.A
FFieFRbeF who abrAa'Rs shall unless such member stat v li t#e 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 Iowa City Code of Ordinances, these bylaws, and 9Lany 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 RE)t less thaR threea majority 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
OFFICE CONTACTS
July 2022
Date Description
None
August 16, 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)
days to
06/22/22
??P?/22
her pl8inant'SFespense (10 r-espend):
CPRB meeting #1 (Review): 07/12/22
CPRB meeting #2 (Review): 08/16/22
CPRB report due 09/20/22
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
CPRB Complaint #22-07
Filed: 05/19/22
Chief's report due (90 days): 08/17/22
Chief's report filed: 07/08/22
Complainant's response to the Chief's report 07/29/22
(21 days to respond, no response received)
?? ??f22
CPRB meeting #1 (Review): 08/16/22
CPRB meeting #2 (Review): ??/??/22
CPRB report due 10/06/22
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
August 16, 2022 Mtg Packet
CPRB Complaint #22-09
Filed:
Chief's report due (90 days):
Chief's report filed:
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)
CPRB meeting #1 (Review):
CPRB meeting #2 (Review):
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)
07/04/22
10/02/22
??/??/22
?7/77/77
??/??/22
??/??/22
??/??/22
??/??/22
TENTATIVE MEETING SCHEDULE
September 13, 2022
October 11, 2022
November 8, 2022