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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. Iowa City Police Department Policy Manual Vehicle Pursuits 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: Iowa City Police Department Policy Manual Vehicle Pursuits (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: Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits (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 Iowa City Police Department Policy Manual Vehicle Pursuits 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) Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department E n Policy Manual Vehicle Pursuits JUL 1 5 2a2 Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits 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: Iowa City Police Department Policy Manual Vehicle Pursuits (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: Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits (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 Iowa City Police Department Policy Manual Vehicle Pursuits 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) Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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 Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department Policy Manual Vehicle Pursuits 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. Iowa City Police Department 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 Copyright Lempol, LLC 2022/07122, All Rights Reserved. ***DRAFT "* Duty to Intervene and Report - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Duty to Intervene and 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. Copyright Lexipol, LLC 2022/07122, All Rights Reserved. "`"DRAFT*** Duty to Intervene and Report - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual to Intervene and Report 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. Copyright Lexipol, LLC 2022/07/22, All Rights Reserved. ***DRAFT*** Duty to Intervene and Report - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual to Intervene and Report 3. Monitoring to ensure that retaliation does not occur is the responsibility of all supervisors. Copynght Lempol, LLC 2022107122, All Rights Reserved. ***DRAFT*** Duty to Intervene and Report - 4 Published with permission by Iowa City Police Department 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 kkkkkkkkkkk%k%%kkkkkkkkkkkkk%%kkkkkk%kkkkkk%k%%%kk%k%%kkkkkkkkkkk%kk%kkkkkkk%kkk%%%%k%%k% 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