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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 earl WM21 9aeal 1002a1 1111121 ID9al 12113al 01111n2 02AW22 93/Og122 Mld8n2 "=Z 05I10122 004n2 07/1222 EWU1 2 NAME FORUM Ricky X X X R X X D.w.iag Melisaa — -- --- --- -- — — — x X X O X X Jean. Jerti x X X x X x x X x X x X X x X X M.eC... ell Seal Mekha X X X x X X X X X X X x X X X X Amanda X x X X x X X X X X OB X X X X O/E Nobel, Taern. x x x X X X O O — — —-- — — — -- seekeegee OrAh. x x x x x utE x x x x x x x x x x T.w... d Smart — — — — — —^ — — --' — X X OIE OIE X M Vander Vegte KEY: X = Present O =Absent DIE = Absent/Excused NM = No meeting --- = Not a Member 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. Copyright Lexipol, LLC 2022108126, All Rights Reserved. ***DRAFT*** Conducted Energy Device - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual 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 Copyright I-exipol, LLC 2022108126, All Rights Reserved. ***DRAFT*** Conducted Energy Device - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Conducted Energy Device 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. Copyright Lexipol, LLC 2022/08126, All Rights Reserved. ***DRAFT*** Conducted Energy Device - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Conducted Energy Device 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. Copynght Lexipol, LLC 2022/08126, All Rights Reserved. ***DRAF! ** Conducted Energy Device - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Conducted Energy Device 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 Copyright Lexipol, LLC 2022108/26, All Rights Reserved. ***DRAFT*** Conducted Energy Device - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Conducted Energy Device 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. Copyright Lempol, LLC 2022108126, All Rights Reserved. ***DRAFT*** Conducted Energy Device - 6 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Conducted Energy Device 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. Copyright Lesipoi, LI C 2022108/26. All Rights Reserved. ***DRAFT*** Conducted Energy Device - 7 Published with permission by Iowa City Police Department Iowa City Police Department 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. Copyright Lempol, LLC 2022/08126. All Rights Reserved. ***DRAFT*** Wellness Program - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Wellness Program (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. Copyright Lexipol, 12022108126, All Rights Reserved. ***DRAFT*** Wellness Program - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Wellness Program (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 Copyright Lexlpol, LLC 2022108126, All Rights Reserved. ***DRAFT*** Wellness Program - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Wellness Program 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