HomeMy WebLinkAbout09-13-2022 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: September 9, 2022
TO: CPRB Members
FROM: Tammy Neumann
RE: Board Packet for meeting on TUESDAY, SEPTEMBER 13, 2022
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 09/13/22
• Minutes of the meeting on 08/16/22
• ICPD Policy 304 (Conducted Energy Device)
• ICPD Policy 1033 (Wellness Program)
• Approved Ordinance 22-4886
• Approved By -Laws
• Office Contacts — August 2022
• Complaint Deadlines
AGENDA
COMMUNITY POLICE REVIEW BOARD
TUESDAY, SEPTEMBER 13, 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 08/16/22
• ICPD Policy 304 (Conducted Energy Device)
• ICPD Policy 1033 (Wellness Program)
ITEM NO. 3 NEW BUSINESS
• Select Nominating Committee
• Discuss CPRB Board Powers (8-8-8(B)(1) "On its own motion,
by a simple majority vote of all members of the board, the board
may file a complaint."
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
• October 11, 2022 5:30 PM, Emma J. Harvat Hall
• November 8, 2022, 5:30 PM, Emma J. Harvat Hall
• December 13, 2022, 5:30 PM, Emma J. Harvat Hall
• January 10, 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)
Ifyou will need disability -related accommodations in order to participate in this programlevent,
please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are
strongly encouraged to allow sufficient time to meet your access needs.
CPRB-Page 2
September 13, 2022
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.
[IUPEUE: 171[MNZIiit4i!1�
[IRT1121
COMMUNITY POLICE REVIEW BOARD
MINUTES —AUGUST 16, 2022
CALL TO ORDER: Vice -Chair Orville Townsend called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing Melissa Jensen, Jerri MacConnell,
Saul Mekies, Orville Townsend
MEMBERS ABSENT: Amanda Nichols, Stuart Vander Vegte
STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Dustin Liston
RECOMMENATIONS TO COUNCIL
None
CONSENT CALENDAR
Motion by Mekies, seconded by Jensen to adopt the consent calendar as presented.
• Minutes of the meeting on 07/1212022
• 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).
Motion carried 5/0. Nichols and Vander Vegte absent.
1 Tr
OLD BUSINESS
None
PUBLIC DISCUSSION
None
BOARD INFORMATION
MacConnell requested a discussion regarding the CPRB filing complaints. This item will be added to
the September 13, 2022 CPRB agenda.
STAFF INFORMATION
None
CPRB
August 16, 2022
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
• December 13, 2022, 5:30 PM, Emma J. Harvat Hall
EXECUTIVE SESSION
Motion by Jensen, seconded by Mekies, 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 5/0. Nichols and Vander Vegte absent. Open session adjourned at 5:45 p.m.
REGULAR SESSION
Returned to open session at 6:12 p.m.
Motion by Jensen, seconded by MacConnell, to set the level of review for CPRB Complaint #22-07 at
8-8-7(B)(1)(a) on the record with no additional investigation.
Motion carried 5/0. Nichols and Vander Vegte absent.
ADJOURNMENT
Moved by Jensen, seconded by Downing to adjourn the meeting at 6:15 p.m.
Motion carried 5/0. Nichols and Vander Vegte absent.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2021 - 2022
Meetio Date
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O =Absent
DIE = Absent/Excused
NM = No meeting
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Iowa City Police Department
Policy Manual
Conducted Energy Device
304.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device.
304.2 POLICY
The conducted energy device is used to control a violent or potentially violent individual. The
appropriate use of such a device should result in fewer serious injuries to officers and suspects.
304.3 ISSUANCE AND CARRYING CONDUCTED ENERGY DEVICES
Only members who have successfully completed department -approved training may be issued
and may carry the conducted energy device.
Conducted energy devices are issued for use during a member's current assignment. Those
leaving a particular assignment may be required to return the device to the department inventory.
Officers shall only use the conducted energy device and cartridges that have been issued by the
Department. Officers who have been issued the conducted energy device shall wear the device
in an approved holster. Non -uniformed officers may secure the conducted energy device in the
driver's compartment of their vehicles.
All uniformed on -duty sworn personnel assigned to patrol or having a call response function shall
carry a department issued conducted energy device.
Members carrying the conducted energy device should perform a spark test prior to every shift.
Officers who carry the conducted energy device while in uniform shall carry it in a weak -side
holster on the side opposite the duty weapon.
(a) All conducted energy devices shall be clearly and distinctly marked to differentiate them from
the duty weapon and any other device.
(b) Whenever practicable, officers should carry two or more cartridges on their person when
carrying the conducted energy device.
(c) Officers shall be responsible for ensuring that the issued conducted energy device is properly
maintained and in good working order.
(d) Officers should not hold a firearm and the conducted energy device at the same time.
304.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the conducted energy device should precede its
application, unless it would otherwise endanger the safety of officers or when it is not practicable
due to the circumstances. The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
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Conducted Energy Device
(b) Provide other officers and individuals with a warning that the conducted energy device
may be deployed.
If, after a verbal warning, an individual fails to voluntarily comply with an officer's lawful orders
and it appears both reasonable and feasible under the circumstances, the officer may, but is not
required to, display the electrical arc (provided that a cartridge has not been loaded into the device)
or the laser in a further attempt to gain compliance prior to the application of the conducted energy
device. The aiming laser should not be intentionally directed into anyone's eyes.
The fact that a verbal or other warning was given or the reasons it was not given shall be
documented by the officer deploying the conducted energy device in the related report.
304.5 USE OF THE CONDUCTED ENERGY DEVICE
The conducted energy device has limitations and restrictions requiring consideration before its
use. The conducted energy device should only be used when its operator can safely approach
the subject within the operational range of the device. Although the conducted energy device is
effective in controlling most individuals, officers should be aware that the device may not achieve
the intended results and be prepared with other options.
304.5.1 APPLICATION OF THE CONDUCTED ENERGY DEVICE
A conducted energy device should not be pointed at any individual unless the officer reasonably
believes it will be necessary to use the device and deployment shall be consistent with
departmental directives on the Use of Force.
For maximum effect, a conducted energy device should be fired consistent with the device
manufacturer's recommendation and/or training material.
When deploying a conducted energy device, officers should, under normal circumstances, use it
for one standard cycle/application and then evaluate the situation while using verbal commands.
Should an aggressive subject not comply with the commands of the deploying officer, he/she may
deliver a subsequent application as reasonably necessary and re-evaluate the situation before
delivering another cycle. Alternate methods to subdue the subject should be considered.
The conducted energy device may be used in any of the following circumstances, when the
circumstances perceived by the officer at the time indicate that such application is reasonably
necessary to control a person:
(a) The subject is violent or is physically assaultive and may cause bodily injury.
(b) The subject has demonstrated, by words or action, an intention to be violent or is physically
assaultive and reasonably appears to present the potential to harm officers, him/herself or others.
The deploying officer will direct the actions of any assisting officer(s) on the scene in
handcuffing the subject. The conducted energy device will not deliver its charge to a second person
unless that person places his/her hand or a body part in between the two probes.
The conducted energy device should not be used on handcuffed subjects unless they are actively
resisting or exhibiting active aggression and other control options would place the
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officer or others in imminent danger.
Assisting officers shall approach the subject with caution so as not to break the wires connecting
the probes to the conducted energy device.
Following a conducted energy device deployment, officers shall use a restraint technique that
does not impair respiration.
Conducted energy devices shall be deployed in "probe mode", regardless of distance (to include
contact deployments).
Mere flight from a pursuing officer, without other known circumstances or factors, is not good
cause for the use of the conducted energy device to apprehend an individual.
The conducted energy device shall not be used to psychologically torment, to elicit statements
or to punish any individual.
304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the conducted energy device on certain individuals should be avoided unless the totality
of the circumstances indicates that other available options reasonably appear ineffective or would
present a greater danger to the officer, the subject or others, and the officer reasonably believes
that the need to control the individual outweighs the risk of using the device. This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.
(e) Individuals who have been recently sprayed with a flammable chemical agent or
who are otherwise in close proximity to any known combustible vapor or flammable
material, including alcohol -based oleoresin capsicum (OC) spray.
(f) Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles).
(g) When the officer cannot approach within an effective range
(h) To control a person in operation of a vehicle.
(i) On persons with known heart problems
(j) On individuals with known neuromuscular disorders such as multiple sclerosis
muscular dystrophy or epilepsy.
(k) On persons in wheelchairs.
Because the application of the conducted energy device in the drive -stun mode (i.e., direct contact
without probes) relies primarily on pain compliance, the use of the drive -stun mode should be
limited to supplementing the probe -mode to complete the circuit, or as a distraction technique
to gain separation between officers and the subject, thereby giving officers time and distance to
consider other force options or actions.
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304.5.3 TARGETING CONSIDERATIONS
The preferred targeting areas include the individual's back or front lower -center mass. The head,
neck, chest and groin should be avoided when reasonably practicable. If the dynamics of a
situation or officer safety do not permit the officer to limit the application of the conducted energy
device probes to a precise target area, officers should monitor the condition of the subject if
one or more probes strikes the head, neck, chest or groin until the subject is examined medical
personnel. For the purpose of this policy medical personnel means personnel from Johnson
County Ambulance Service, University of Iowa Hospitals and Clinics, or Mercy Hospital.
304.5.4 MULTIPLE APPLICATIONS OF THE CONDUCTED ENERGY DEVICE
Officers should apply the conducted energy device for only one standard cycle and then evaluate
the situation before applying any subsequent cycles. Officers should not intentionally apply more
than one conducted energy device at a time against a single individual.
If the first application of the conducted energy device appears to be ineffective in gaining control of
an individual, the officer should evaluate the situation and consider certain factors before additional
applications of the conducted energy device, including:
(a) Whether it is reasonable to believe that the need to control the individual outweighs
the potentially increased risk posed by multiple applications.
(b) Whether the probes are making proper contact.
(c) Whether the individual has the ability and has been given a reasonable opportunity
to comply.
(d) Whether verbal commands or other options or tactics may be more effective.
304.5.5 DANGEROUS ANIMALS
The conducted energy device may be deployed against an animal as part of a plan to deal with a
potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent
threat to human safety and alternative methods are not reasonably available or would likely be
ineffective.
304.5.6 OFF -DUTY CONSIDERATIONS
Officers are not authorized to carry department conducted energy devices while off -duty.
Officers shall ensure that conducted energy devices are secured while in their homes, vehicles or
any other area under their control, in a manner that will keep the device inaccessible to others.
304.6 DOCUMENTATION
Officers shall document all conducted energy device discharges in the related arrest/crime reports
and theUse of Force Report forms. Notification shall also be made to a supervisor in compliance
with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser
activation and arcing the device, other than for testing purposes,shall also be documented on the
Use of Force Report form.
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Probes and cartridge packs used against individuals will be recovered and submitted as evidence.
Probes will be packaged in accordance with existing procedures for the storage and handling
of bio-hazard materials. Probes which may be contaminated shall be clearly indicated as such
on their package. Deployed cartridges shall be packaged by placing the probes sharp side down
in their respective holes in the cartridge and then applying tape over the front of the cartridge
to ensure that the probes are retained. Deployed cartridges and probes shall be submitted as
evidence. Probes and cartridges shall be kept as evidence for a minimum of 2 years.
304.7 MEDICAL TREATMENT
Officers should remove the probes as trained and inspectthem to ensure the entire probe has been
removed. Removal of broken probes should be done by medical personnel. For the purpose of this
policy medical personnel means personnel from Johnson County Ambulance Service, University
of Iowa Hospitals and Clinics, or Mercy Hospital.
In the event that a probe is broken off in the skin or the probe is not fully intact, the subject will
be transported to a hospital.
Only hospital personnel are to remove probes embedded in sensitive tissue areas such as the
head, neck, throat, face, genitalia or female breast.
Used conducted energy device probes shall be treated as a sharps biohazard, similar to a used
hypodermic needle, and handled appropriately. Universal precautions should be taken.
If safe to do so photos shall be taken of probe impact areas.
All persons who have been struck by conducted energy device probes orwho have been subjected
to the electric discharge of the device or who sustained direct exposure of the laser to the eyes
shall be assessed by medical personnel prior to booking. Additionally, any such individual who
falls under any of the following categories should, as soon as practicable, be examined by medical
personnel:
(a) The person is suspected of being under the influence of controlled substances and/
or alcohol.
(b) The person may be pregnant.
(c)The person reasonably appears to be in need of medical attention.
(d) The conducted energy device probes are lodged in a sensitive area (e.g., groin, female breast,
head, face, neck).
(e) The person requests medical treatment.
Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications
(i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically
evaluated prior to booking. If any individual refuses medical attention, such a refusal should be
witnessed by another officer and/or medical personnel and shall be fully documented in related
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reports. If an audio recording is made of the contact or an interview with the individual, any refusal
should be included, if possible.
Removing persons struck by a conducted energy device from a scene prior to EMS arrival should
be avoided. If circumstances dictate the need for removing a person struck by a conducted energy
device from a scene prior to EMS arrival the on -duty officers shall request approval from the on -
duty supervisor.
The transporting officer shall inform any person providing medical care or receiving custody that
the individual has been subjected to the application of the conducted energy device (see the
Medical Aid and Response Policy).
304.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a
likelihood the conducted energy device may be used. A supervisor should respond to all incidents
where the conducted energy device was activated.
A supervisor should review each incident where a person has been exposed to an activation of
the conducted energy device. The device's onboard memory should be downloaded through the
data port by a supervisor and saved with the related arrest/crime report. Photographs of probe
sites should be taken.
304.9 TRAINING
Personnel who are authorized to carry the conducted energy device shall be permitted to do so
only after successfully completing the initial department -approved training. Any personnel who
have not carried the conducted energy device as a part of their assignments for a period of six
months or more shall be recertified by a qualified conducted energy device instructor prior to again
carrying or using the device.
Proficiency training for personnel who have been issued conducted energy devices shall occur
every year. A reassessment of an officer's knowledge and/or practical skills may be required at
any time if deemed appropriate by a supervisor. All training and proficiency for conducted energy
devices will be documented.
Remedial training shall be required for those officers who fail to demonstrate proficiency.
Remedial training shall continue until the officer meets the standard, or upon a third failed
attempt to demonstrate, the instructor shall notify the officer's supervisor and Commander of
Field Operations.Failure to demonstrate proficiency may result in temporary reassignment to
administrative duties that do not require the use of a conducted energy device.This may continue
until the standard is met but will not exceed five (5) duty days without administrative review.
Continued failure to demonstrate proficiency may result in administrative action being taken
against the officer. Demonstration of proficiency and any remedial training shall be documented by
the taser instructor and submitted to the Captain of Support Services and the CALEA accreditation
manager.
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Officers who do not carry conducted energy devices should receive training that is sufficient to
familiarize them with the device and with working with officers who use the device.
The training coordinator is responsible for ensuring that all members who carry conducted energy
devices have received initial and annual proficiency training. Periodic audits should be used for
verification.
Application of conducted energy devices during training could result in injuries and should not be
mandatory for certification.
The training coordinator should ensure that all training includes:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak -hand draws or cross -draws to reduce the possibility of unintentionally
drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the unintentional
application of probes near the head, neck, chest and groin.
(e) Handcuffing a subject during the application of the conducted energy device and transitioning
to other force options.
(f) De-escalation techniques.
(g) Restraint techniques that do not impair respiration following the application of the conducted
energy device.
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Policy Manual
Wellness Program
1033.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on establishing and maintaining a proactive
wellness program for department members.
Additional information on member wellness is provided in the:
• Chaplains Policy.
Line -of -Duty Deaths Policy.
Drug- and Alcohol -Free Workplace Policy.
1033.1.1 DEFINITIONS
Definitions related to this policy include:
Critical incident —An event or situation that may cause a strong emotional, cognitive, or physical
reaction that has the potential to interfere with daily life.
Critical Incident Stress Debriefing (CISD) —A standardized approach using a discussion format
to provide education, support, and emotional release opportunities for members involved in work -
related critical incidents.
Peer support — Mental and emotional wellness support provided by peers trained to help
members cope with critical incidents and certain personal or professional problems.
1033.2 POLICY
It is the policy of the Iowa City Police Department to prioritize member wellness to foster fitness for
duty and support a healthy quality of life for department members. The Department will maintain
a wellness program that supports its members with proactive wellness resources, critical incident
response, and follow-up support.
1033.3 PEER SUPPORT TEAM LEADER
The Chief of Police should appoint a peer support team leader. The team leader should report
directly to the Chief of Police or the authorized designee and should collaborate with advisers
(e.g., Human Resources, legal counsel, licensed psychotherapist, qualified health professionals),
as appropriate, to fulfill the responsibilities of the position, including but not limited to:
(a) Identifying wellness support providers (e.g., licensed psychotherapists, external peer
support providers).
1. Selected providers should be trained and experienced in providing mental
wellness support and counseling to public safety personnel.
2. When practicable, the Department should not use the same licensed
psychotherapist for both member wellness support and fitness for duty
evaluations.
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(b) Developing management and operational procedures for department peer support
members, such as:
1. Peer support member selection and retention.
2. Training and applicable certification requirements.
3. Deployment.
4. Managing potential conflicts between peer support members and those seeking
service.
5. Monitoring and mitigating peer support member emotional fatigue (i.e.,
compassion fatigue) associated with providing peer support.
6. Using qualified peer support personnel from other public safety agencies or
outside organizations for department peer support, as appropriate.
(c) Verifying members have reasonable access to peer support or licensed
psychotherapist support.
(d) Establishing procedures for CISDs, including:
1. Defining the types of incidents that may initiate debriefings.
2. Steps for organizing debriefings.
(a) Facilitating the delivery of wellness information, training, and support through various
methods appropriate for the situation (e.g., phone hotlines, electronic applications).
1033.4 DEPARTMENT PEER SUPPORT
1033.4.1 PEER SUPPORT MEMBER SELECTION CRITERIA
The selection of a department peer support member will be at the discretion of command staff
and the team leader. Selection should be based on the members:
• Desire to be a peer support member.
• Experience or tenure.
• Demonstrated ability as a positive role model.
• Ability to communicate and interact effectively.
• Evaluation by supervisors and any current peer support members.
1033.4.2 PEER SUPPORT MEMBER RESPONSIBILITIES
The responsibilities of department peer support members include:
(a) Providing pre- and post -critical incident support.
(b) Presenting department members with periodic training on wellness topics, including
but not limited to:
1. Stress management.
2. Suicide awareness.
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(c) Providing referrals to licensed psychotherapists and other resources, where
appropriate.
1. Referrals should be made to department -designated resources in situations that
are beyond the scope of the peer support member's training.
1033.4.3 PEER SUPPORT MEMBER TRAINING
A department peer support member should complete department -approved training prior to being
assigned.
1033.5 CRITICAL INCIDENT STRESS DEBRIEFINGS
A Critical Incident Stress Debriefing should occur as soon as practicable following a critical
incident. The team leader is responsible for organizing the debriefing. Notes and recorded
statements shall not be taken because the sole purpose of the debriefing is to help mitigate the
stress -related effects of a critical incident.
The debriefing is not part of any investigative process. Care should be taken not to release or
repeat any communication made during a debriefing unless otherwise authorized by policy, law,
or a valid court order.
Attendance at the debriefing should only include peer support members and/or a peer support
group counselor and those directly involved in the incident.
1033.6 PEER SUPPORT COUNSELOR COMMUNICATIONS
The acceptance and success of the Iowa City Police Department Peer Support Program will be
determined, in part, by observance of of confidentiality. It is imperative that each Peer Support
Team Member maintain strict confidentiality of all information learned about an individual within
the guidelines of the program.
The policy of the Iowa City Police Department Peer Support Program is to maintain confidentiality.
Communication between the Peer Support Team Member and an employee is considered
confidential except for matters which involve the following:
- Danger to self
- Danger to others
- Suspected child or elder abuse
- Controlled substance offenses
- Domestic Violence
- Where law or policy required divulgence
- Where divulgence is requested or allowed by the peer
Confidential information is different than privileged communication. The confidential information
gained from participating in the Peer Support Program may not be privileged communication,
such that the team member could be required to give testimony about the information, with one
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exception. Section 622.10.(9) of the Iowa Code establishes a limited privilege for peer counseling.
The privilege is limited to "an incident in which the officer was involved while acting in the officer's
official capacity." In those specific "incidents" there are three exceptions that further limit the scope
of the privilege: a) where the Peer Support Team Member was an initial responding officer; b)
where the Peer Support Team Member was a witness; and c) where the Peer Support Team
member was a party to the incident which prompted the delivery of peer support group counseling
services to the officer.
1033.7 WELLNESS PROGRAM AUDIT
At least annually, team leader or the authorized designee should audit the effectiveness of the
department's wellness program and prepare a report summarizing the findings. The report shall
not contain the names of members participating in the wellness program, and should include the
following information:
• Data on the types of support services provided
• Wait times for support services
• Participant feedback, if available
• Program improvement recommendations
• Policy revision recommendations
The team leader should present the completed audit to the Chief of Policeor designee for review
and consideration of updates to improve program effectiveness.
1033.8 TRAINING
The team leader or the authorized designee should collaborate with the Training Coordinator to
provide all members with regular training on topics related to member wellness, including but not
limited to:
• The availability and range of department wellness support systems.
• Suicide awareness.
• Recognizing and managing mental distress, emotional fatigue, post -traumatic stress,
and other possible reactions to trauma.
• Alcohol and substance abuse awareness.
• Countering sleep deprivation and physical fatigue.
• Anger management.
• Marriage and family wellness.
• Benefits of exercise and proper nutrition.
• Effective time and personal financial management skills.
Copyright Lexipol, LLC 2022109/26, All Rights Reserved. ***DRAFT"** Wellness Program - 4
Published with permission by Iowa City Police Department
Iowa City Police Department
Policy Manual
Wellness Program
Training materials, curriculum, and attendance records should be forwarded to the Training
Coordinator as appropriate for inclusion in training records.
Copyright Lezipol, LLC 202210812a All Rights Reserved. ***DRAFT*** Wellness Program - 5
Published with permission by Iowa City Police Department
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
September 2022
Date Description
None
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No. 22-4886
Ordinance amending Title 8, entitled "Police Regulations," Chapter 8,
entitled "Community Police Review Board," to clarify certain procedural
provisions and to codify certain existing procedural practices.
Whereas, in Memorandums to the City Council dated June 2, 2022 and July 13, 2022, the
Community Police Review Board (CPRB) proposed amendments to the CPRB ordinance; and
Whereas, said amendments would clarify certain existing procedural provisions and codify
certain procedural practices of the CPRB; and
Whereas, it is in the City's interest to adopt these amendments.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 5, entitled "Police Department and Police
Investigatory Duties; City Manager Investigative Duties," Subsection B6 is amended by adding
the underscore text as follows:
B6. In the event the board's decision differs from that of the Police Chief, the Chief shall
meet with the board in closed session to discuss the discrepancy of opinion. If the board
requests the City Manager's presence at said meeting the City Manager will also attend.
Such meeting shall take place prior to the issuance of the board's public report to the City
Council. Within seven (7) days after such meeting, the Police Chief or the City Manager
2. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 7 entitled "Duties of Board; Complaint Review and
General Duties," Subsection B1 is amended by adding the underscore text as follows:
B1. The board shall review all Police Chiefs reports and City Manager's reports
concerning complaints. The board shall decide, on a simple majority vote, the level of
review to give each Police Chiefs or City Manager's report, and the board may select
any or all of the following levels of review:
a. On the record with no additional investigation.
b. Interview/meet with complainant.
c. Interview/meet with named officers) and other officers.
d. Request additional investigation by the Police Chief or City Manager, or request
police assistance in the board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
3. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 7, entitled "Duties of Board; Complaint Review and
General Duties," Subsection B2 is amended by adding the underscore text and deleting the
strike -through text as follows:
B2. The board shall apply a "reasonable basis" standard of review when reviewing the
Police Chiefs or City Manager's report. This requires the board to give deference to the Police
Chiefs or City Manager's report because of the Police Chiefs and City Manager's respective
professional expertise. The board may4"t %he PGI'oe Chief or City Manager
Ordinance No. 22-4886
Page 2
Feverse or modify their filldiRgS issue a report that disagrees with the decision set forth in the
Police Chiefs or City Manager's report only if:
a. The Police Chiefs or City Manager's findings and/or conclusions are not supported by
substantial evidence;
b. The Police Chief's or City Manager's findings and/or conclusions are unreasonable,
arbitrary or capricious; or
c. The Police Chiefs or City Manager's findings and/or conclusions are contrary to a Police
Department policy or practice, or any Federal, State, or local law.
4. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 7, entitled "Duty of Board; Complaint Review and
General Duties," Subsection B3 is amended by deleting "96" " and substituting in lieu thereof
"87."
5. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 7, entitled "Duty of Board; Complaint Review and
General Duties," Subsection B4 is amended by adding the underscore text as follows:
If the board disagrees with the decision of the Police Chief or City Manager with respect to
the allegations of misconduct, the board and the Police Chief and/or City Manager shall
meet in closed session to discuss their disagreement about the complaint. If the board
requests the City Manager's presence at its meeting with the Police Chief, the City Manager
will also attend. Such meeting shall take place prior to the issuance of the board's public
report to the City Council. Within seven (7) days after such meeting, the Police Chief or City
6. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 7, entitled "Duty of Board; Complaint Review and
General Duties," Subsection B is amended by adding the following underscore text, numbering
it Paragraph 5, and renumbering existing Paragraphs 5 to 10 as Paragraphs 6 to 11
respectively:
7. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 8, entitled "Board Composition; Limited Powers of
Board," Subsection B2 is amended by deleting the strike -through text as follows:
B2. 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
Section IL Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section 111. Severabili . If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 16th day of August 2022.
ZAAA-A-- /rtiSl—
a or
ordinance No.
Page 3
Attest: LIL.
City Clerk
Approved by
City Attoreleys Office:
(Sue Dulek — 07/28/2022)
Ordinance No. 22-4886
Page 4
It was moved by Alter and seconded by Thomas that
the Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Alter
x
Bergus
g
Harmsen
g
Taylor
x
Teague
x
Thomas
x_
Weiner
First Consideration 8/2/2022
Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published 9/2912022
Moved by Weiner, seconded by Taylor, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
NAYS None ABSENT: None
M
Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
Resolution No.
22-213
Resolution adopting the by-laws of the Community Police Review
Board and rescinding Resolution No. 19-284.
Whereas, the membership of the Community Police Review Board was recently increased by
ordinance from five (5) members to seven (7) members necessitating an amendment to the
CPRB by-laws; and
Whereas, the by-laws should be amended to clarify that if a provision of the City Code conflicts
with Robert's Rules of Order, the City Code provision prevails; and
Whereas, the CPRB approved amendments to the by-laws at its meeting on July 12, 2022, but
they are not effective until approved by the City Council; and
Whereas, the Council Rules Committee has reviewed the proposed amendments to the by-laws
and has recommended adoption; and
Whereas, the current by-laws were approved in Resolution No. 19-284.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that:
1. The attached By -Laws of the Community Police Review Board are approved and
adopted by the City Council.
2, Resolution No. 19-284 is rescinded.
Passed and approved this 6th day of September 2022.
Attest:
City CI rk
Approved By:
City Attor y's Office
(Sue Dulek — 08/31/2022)
Resolution No. 22-213
Page 2
It was moved by and seconded by Weiner
the Resolution be adopted, and upon roil call there were:
Ayes:
Nays: Absent:
x
Alter
x
Bergus
x
Harmsen
x
Taylor
x
Teague
Thomas
-
Y
Weiner
IOWA CITY
COMMUNITY POLICE
(Revised Qgtp6/22, Res. 22-.213)
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY.
The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter
referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City
Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein.
ARTICLE ll. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's performance is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to ensure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE IIL MEMBERSHIP.
Section 1. Qualifications. The Board shall consist of seven (7) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3, Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law, the name of the council member appointed by the City Council to serve as the
liaison to the Board and other documentation that would be useful to Board members in carrying
out their duties. They shall also be given an orientation briefing by the appropriate City staff and
the Board as is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council discharge
any Board member who: (1) is absent from two consecutive regular or special meetings without
excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive
regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out
of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
Section 6 Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
S. City Code, City of Iowa City. Iowa. Thereafter; Members shall be appointed for terms of four
years, with terms expiring on June 30. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less, the Council may choose to till
the unexpired term in such a manner that the appointee shall continue in the position not only through
the unexpired term.. but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office'. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year: if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death: resignation, removal.
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present. preside at all meetings. appoint
committees. call special meetings and in general perform all duties incident to the office of a
Chairperson. and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson. or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings, The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place. time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on
the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of
non -agenda items.
Section 4. Quorum: A majority of the members of the Board shall constitute a quorum at any
meetina.
Section S. Place of Meetings.. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City,
Section 6. Notice of Meetinus._ Notice of meetings shall be required, meetings may be called upon
notice not less than twenty-four j24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9, Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exported Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if In writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
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 meeting where a motion is put to vote is required to cast a vote upon each motion, unless such
member states a valid reason for abstention.
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,
or any special rules or order the Board may adopt.
ARTICLE VL GENERAL AND LIMITED PO'VVERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VIL PUBLIC RECORDS: EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of Investigations, statements and other documents or records obtained In
investigation of any complaint shall be closed records unless a public hearing is held or a
contrary determination Is made by Counsel to the Board pursuant to the provisions of the
Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
f
(c) No member of the Board or of its staff shall disclose information protected by the lows
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police. either in the form of
its required annual report or otherwise. This section does not prevent any complainant..
witness or other person from publicizing the filing of a complaint or the matter therein
complained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE VIII. CONDUCT OF BOARD BUSINESS.
Section 1 . Agenda. The Chairperson. or a designated representative, together w i t h staff assistance
shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before
the meeting and shall be sent to Board members and the media prior to meetings. Copies will be
available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Poiic The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations.. and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson. approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of a 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..
September 13, 2022 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #22-06
Filed: 04/07/22
Chief's report due (90 days): 07/06/22
Chief's report filed: 06/01/22
Complainant's response to the Chief's report
(21 days to respond, no response received) 06/22/22
GhleVCity
Gem plaimaM's response (110 days end) ??j??j2_2
CPRB meeting #1 (Review): 07/12/22
CPRB meeting #2 (Review): 08/16/22
CPRB meeting #3 (Review) 09/13/22
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)
ChiefiGity Manager se{v allay
??1??F2'2
CPRB meeting #1 (Review): 08/16/22
CPRB meeting #2 (Review): 09/13/22
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)
September 13, 2022Mtg 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
??/??/22
??/??/22
??/??/22
??/??/22
TENTATIVE MEETING SCHEDULE
October 11, 2022
November 8, 2022
December 13, 2022
January 10, 2022