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HomeMy WebLinkAbout01-10-2023 CPRB CommissionMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: January 5, 2023 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, JANUARY 10, 2023 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 01/10/2023 • Minutes of the meeting on 12/13//22 • ICPD Policy 309 (Officer Response to Calls) • ICPD Memorandum — Quarterly Summary Report IAIR/CPB, 41h Qtr. 2022 • Office Contacts — December 2022 • Complaint Deadlines AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY, JANUARY 10, 2023 — 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 12/13/22 • ICPD Policy 309 (Officer Response to Calls) • ICPD Memorandum — Quarterly Summary Report IAIR/CPB, 4t' Qtr. 2022 ITEM NO. 3 NEW BUSINESS Discussion regarding ICPD policies related to domestic terrorism groups. Discussion regarding police officers carrying business cards. Discussion of Community Forum. ITEM NO. 4 OLD BUSINESS • Discussion of proposed amendment of Ordinance 8-8-3. 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 • February 14, 2023, 5:30 p.m., Helling Conference Room • March 14, 2023, 5:30 p.m., Helling Conference Room • April 11, 2023, 5:30 p.m., Helling Conference Room ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 ADJOURNMENT Ifyou will need disability -related accommodations to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — DECEMBER 13, 2022 CALL TO ORDER: Chair Jerri MacConnell called the meeting to order at 5:35 P.M. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Orville Townsend, Stuart Vander Vegte MEMBERS ABSENT: Amanda Remington STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Chief Dustin Liston RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Public Report #22-09 CONSENT CALENDAR Motion by Townsend, seconded by Downing, to adopt the consent calendar as presented. • Minutes of the meeting on November 15, 2022 • ICPD Use of Force Review/Report— June 2022 Motion carried 6/0 (Remington absent) NEW BUSINESS None OLD BUSINESS None PUBLIC DISCUSSION None BOARD INFORMATION Vander Vegte suggested an item for new business on the January 2023 agenda. He would like to discuss whether the Police Department has a policy regarding domestic terrorism, such as the Oath Keepers, for example. MacConnell asked Chief Liston how long body cam footage is retained. Chief Liston stated that for standard calls (citations etc.), they are kept for two years, while footage for more critical CPRB Meeting Minutes December 13, 2022 Page 2 calls, such as a death, is retained indefinitely. He said the retention is based on the severity of the call. He added that a two-year retention for these videos is longer than most police departments require. MacConnell asked Liston if the "identity blocks" (tiles on videos which cover faces, name tags, etc. to protect a person's identity) can be stabilized. She said they are distracting and the flashing etc., could cause a person with epilepsy, for example, to have a seizure. Liston said it is part of the program that is used but he will check with the staff that edits the videos to ask if it is possible to stabilize these. MacConnell then asked if recordings of calls are kept. Liston explained these recordings are retained by the Joint Emergency Communications Center and he is not aware of what their retention policy is, however, he is confident that it is adequate. Townsend asked if officers body cams are automatically activated when they have contact with the public. Liston explained they are not, however, they are automatically activated when the emergency lights on their vehicles are turned on. Otherwise, based on specific scenarios set forth, an officer determines when to turn on their cameras. MacConnell asked to add the topic of reports being made based on social media, the news, etc., to the January agenda for further discussion. She also asked to add the topic of potentially requiring police officers to carry business cards. STAFF INFORMATION None MEETING SCHEDULE and FUTURE AGENDAS January 10, 2023, 5.30 PM Helling Conference Room February 14, 2023, 5:30 PM Helling Conference Room March 14, 2023, 5:30 PM Helling Conference Room Downing and Townsend will be absent for the January 10, 2023 meeting. EXECUTIVE SESSION Motion by Jensen, seconded by Townsend, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. CPRB Meeting Minutes December 13, 2022 Page 3 Motion carried 610 (Remington absent). Open session adjourned at 5:45 p.m. REGULAR SESSION Returned to open session at 7:50 p.m. Motion by Jensen, seconded by Downing to accept CPRB Report #22-09 as amended and forward to City Council. Motion carried 6/0 (Remington absent) Motion by Mekies, seconded by Downing to table the level of review decision for Complaint 22- 10. Motion carried 6/0 (Remington absent). ADJOURNMENT Moved by Vander Vegte, seconded by Townsend, to adjourn the meeting at 7:52 P.M. Motion carried 610. (Remington absent) COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2021 - 2022 Date 2213al dVll72 OLd&12 OJN&22 MIM2 MW2 W10122 OWM2 OLl2/R g&162E WIl2a2 1aLL72 11/I5a2 12/O23 NAM FORUM way — — — — x x X X X % % x x x Dawa.g Melirry — — — x X X O X X % x x % Semen Sera x x x x x x x x x x x x x x M.cC000ell S..l Wm.. x x X X X X % % x x X O x x Am..d. x x x x ore x X X x OX OM x x OM Remi.groo TWn. O O — — — — — — — — — Seeberger OrWlle X X X X x Tow.... % X OM OBE X OM X O X x Vv.der Vegh KEY: X = Present 0 =Absent O/E = Absent/Excused NM = No meeting -- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 DATE: December 14, 2022 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #22-09 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-09 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows. 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A)- 2- When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chief's professional expertise. (Iowa City Code Section 8- 8-7(B)(2). 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3). Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaint was initiated by the Complainant on July 04, 2022. As required by Section 8-8- 5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on October 12, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chief's report. No reply was received to the Chiefs report. The Board met to consider the Report on November 15, 2022, and December 13, 2022. Prior to the November 15, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and in -car camera footage showing the interactions between the officers and the complainant. The Board voted on November 15, 2022 to apply the following Level of Review to the Chiefs Report: Level a, On the record with no additional investigation., pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board voted again on December 13, 2022 to expand the level of review to 8-8-7(B)(1)(d) (request additional information by the Police Chief or City Manager or request police assistance in the Board's own investigation). Having reviewed video evidence prior to the November 15 meeting, and after further review on December 13, 2022 the Board had sufficient knowledge to make a determination regarding this complaint. FINDINGS OF FACT: On July 2, 2022, at approximately 11:17pm, officers approached a group of people standing outside a downtown bar. One of these individuals had been reportedly harassing others and was repetitively instructed by officers to leave. This was the third complaint that night concerning this individual. The individual initially crossed his arms, asked the officer to say "please", and said if arrested he would bail out. The officers responded to these delays a*d refusals by continuing to instruct the individual to leave. _ 7 The individual eventually left the front of the bar and was traveling away when he'yelled=fuck y'all" and said that he would return. He continued to skate on the pavement. Offiber.A then quickly ran towards the individual and tackled him from behind, taking the individualto3he ground. Officer A did not advise the individual that he was not free to leave prior to ex(i6ting the take -down. The individual struggled with Officer A and B by trying to pull his arms away during handcuffing. Officers placed the individual under arrest. The individual asked whAt he was under arrest for, and one officer originally said "trespass". When the individual replied, "I did not go inside", the officer responded with "ok, disorderly conduct." The complainant then approached officers demanding to know why the individual was tackled and what he was being arrested for. The complainant filmed the interaction and asked for badge numbers, which Officer B readily provided, but Officer A refused to. Neither Officer was able to supply cards. Officer A responded to the Complainant's concerns about the use of force and arrest with statements such as "again I appreciate your years of law enforcement" and "it doesn't sound like you want to be educated." Officers moved the individual to another location to perform a breathalyzer and continue processing. Officers then interviewed bar staff and spoke with other individuals while the Complainant continued to interrupt and question them. Officers completed processing and transported the arrested individual to the County Jail. COMPLAINANT'S ALLEGATION #1 — Excessive Force Chief's conclusion: Sustained (Officer A) Board's conclusion: Sustained Basis for the Board's conclusion: The complainant alleged that Officer A had used excessive force when apprehending the subject. The Board agreed with the chiefs report which stated Officer A performed a takedown on Subject one without advising him to stop or letting him know he was no longer free to leave. The board concluded the same results as the chief did as to the allegation of excessive force. COMPLAINANT'S ALLEGATION #2 — Unlawful Arrest Chief's conclusion: Not Sustained Board's conclusion: Not Sustained Basis for the Board's conclusion: The complainant alleged that Officer A arrested subject one unlawfully. In the chiefs report, it seemed to focus on subject one's intoxication. The chiefs report also mentions how the subject one's behavior prior to police arriving warranted the arrest and that subject one threatened to return and try and start fights. The board discussed whether the police could detain subject one again after letting him go. The board agreed that there was sufficient probable cause for the arrest. COMPLAINANT'S ALLEGATION #3 —Discourtesy Chief's conclusion: Sustained Board's conclusion: Sustained Basis for the Board's conclusion: The complainant alleged that Officer A was discourteous to the complainant. The Board agreed with the Chief that the officer should not have engaged with the complainant. It would have been best practice for the officer to identify himself and refer the complainant to a supervisor if there were further questions. The officer's statement "I appreciate your years of experience in law enforcement and helping me out, but I don't need it," was unprofessional. COMPLAINANT'S ALLEGATION #4 — Failure to Identify Chief's conclusion: Not Sustained Board's conclusion: Not Sustained Basis for the Board's conclusion: Current policy states that the uniform may serve as proper identification. Officer A's name and badge number were displayed on his uniform. The chief has stated that policy change will be evaluated to include verbal identification when requested. Finding no violation of current policy, the board affirms the Chiefs decision and finds this allegation not sustained. COMPLAINANT'S ALLEGATION #5 — Biased — Based Policing Chief's conclusion: Not Sustained Board's conclusion: Not Sustained Basis for the Board's conclusion: On -camera interviewees shared that there had been ongoing issues with the arrested individual (black male) throughout the night. The Chiefs report states that the complainant (white female) .,screamed" at the Officers and used obscenities towards them, (which is some of the same conduct that the arrested individual engaged in), but the complainant was not arrested. The complainant alleged racial bias. The Chief stated that not arresting the Complainant and further escalating the situation was appropriate. The Board affirms this determination and finds the complaint not sustained. COMMENTS: The Chiefs report states that Officer A's touching of his firearm was a common weapon retention reaction, was not unreasonable, and was not done in an aggressive or threatening manner. Such an action can be intimidating and frightening for many individuals. Officer to Calls Iowa City Police Department Policy Manual Iowa City Police Department Policy Manual Officer Response to Calls 309.1 PURPOSE AND SCOPE This policy provides officers with guidelines for the safe and appropriate vehicular response to emergency and non -emergency incidents or requests for assistance, whether these are dispatched or self -initiated. 309.2 POLICY It is the policy of this department to appropriately respond to emergency and non -emergency calls for service or requests for assistance, whether these are dispatched or self -initiated. When operating a vehicle in any situation, officers are expected at all times to exercise the highest degree of care. 309.3 RESPONSE TO CALLS Officers responding to non -emergency calls shall proceed accordingly, unless they are sent or redirected to a higher priority call and shall obey all traffic laws. 309.3.1 EMERGENCY CALLS Officers responding to an emergency call shall proceed immediately as appropriate and shall continuously operate the emergency vehicle lighting and/or siren as required by law (Iowa Code § 321.231(4)) Officers should only respond to a call as an emergency response when circumstances reasonably indicate an emergency response is required. This includes: (a) When in pursuit or apprehending a violator or suspected violator. Medical calls for which the officer is trained or if the first responders are requesting officer assistance prior to entering to render aid. Incidents could include a possible cardiac arrest, drug overdose, choking, accident with significant personal injury or death, or an incident dangerous to the public that could result in serious injury or death. When emergent assistance is requested by an officer or other law enforcement agency. Emergency lights should be used at all times while responding to an emergency assignment. In - car and body worn cameras shall be activated while responding in emergency mode and remain activated until the officer is cleared from the call for service. A. No unit assigned to an officer shall be driven in such a manner or at such a speed that the officer is unable to safely maintain control of the vehicle. Copyright Lexipol. LLC 2022/08/26. All Righa Reserved Officer Response to Calls - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls B. Sirens should be used whenever responding in emergency mode. There may be times when in the judgment of the officer, the use of a siren is unnecessary and creates confusion and unwarranted attention. This should be evaluated on a case -by - case basis by the officer. C. Officers operating a unit in emergency mode using lights and/or sirens shall slow to speeds where the officer is able to stop at controlled and uncontrolled intersections, this includes intersections controlled by signs or lights. D. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. E. When responding to a medical emergency as defined above, responding officers should downgrade to non -emergency mode when EMS/Fire is on scene unless otherwise requested to continue in emergency mode by personnel on scene. Officers not responding to a call as an emergency response shall observe all traffic laws and proceed without the use of emergency lights and siren. 309.4 REQUESTING EMERGENCY ASSISTANCE When requesting emergency assistance, the involved department member should reasonably believe there is an imminent threat to the safety of him/herself or another person, or that assistance is needed to prevent imminent serious harm to the public. If circumstances permit, the requesting member should provide the following information: • Identifying call sign • Location of the emergency situation • Violator information, including weapons, if applicable • Reason for the request and type of emergency • The number of officers or resources required • Hazards and any known or potential dangers for responding officers In any event where a situation has stabilized and emergency response is not required, the requesting member shall immediately notify the dispatcher and all responding units shall discontinue emergency response and return to a normal response mode. 309.5 SAFETY CONSIDERATIONS Responding with emergency lights and/or siren does not relieve the operator of an emergency vehicle of the duty to continue to drive with due regard for the safety of all persons and property and does not protect the operator from the consequences of reckless disregard for the safety of others (Iowa Code § 321.231(5)). The officer may, when responding to a call with an emergency response, and provided there is no endangerment or unnecessary risk to persons and property (Iowa Code § 321.231): Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Copyright Le.ipol, LLC 2022/De12e, All Rights Reserved Officer Response to Calls - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls • Exceed the speed limit as long as the driver does not endanger life or property. • Disregard regulations governing direction of movement or turning in specified directions. • Park or stand in the roadway. 309.6 EMERGENCY EQUIPMENT Vehicles not equipped with emergency lights and siren are prohibited from initiating orjoining in an emergency response. If the emergency equipment on the vehicle should fail to operate, the officer must terminate the emergency response and continue accordingly. The officer shall notify their supervisor or the dispatcher of the equipment failure so that another officer may be assigned to the emergency response. 309.7 OFFICER RESPONSIBILITIES The decision to initiate or continue an emergency response is at the discretion of the officer. If, in the officer's judgment, the weather, traffic and road conditions do not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of emergency lights and siren at the legal speed limit. An officer shall also discontinue an emergency response when directed by a supervisor or as otherwise appropriate. Upon determining that an emergency response is appropriate, whenever practicable, an officer shall immediately give the location from which he/she is responding. The first officer arriving at the emergency call should determine whether to increase or reduce the level of the response of additional officers and shall notify the dispatcher of his/her determination. Any subsequent change in the appropriate response level should be communicated to the dispatcher by the officer in charge of the scene unless a supervisor assumes this responsibility. 309.8 SUPERVISOR RESPONSIBILITIES It is the on -duty supervisor's responsibility to terminate an emergency response that, in his/her judgment, is inappropriate due to the circumstances. When making the decision to terminate an emergency response, the Watch Commander or the on -duty supervisor should consider: • The type of call or crime involved. • The type and circumstances of the request. • The necessity of a timely response. • Weather, traffic and road conditions. • The location of the responding officers and the location of the incident. Copyright Lexipol, LLC 2022/08/26, All Rights Reserved Officer Response to Calls - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls 309.10 ESCORTS Private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) shall not be given an escort by a member of this department with the exception of a funeral procession or special event and in those exigent circumstances where the delay involved in an ambulance response to the scene may create a life and death situation. This section does not preclude officers from guiding "lost' motorists or providing non -emergency chaperoning for businesses. 309.11 OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative, and it does not compromise the safety of the officer(s) involved. Copyright Lexipol, LLo 202210826, All Rights Reserved, Officer Response to Calls - 4 Published with permission by Iowa City Police Department REDLINE VERSION Red highlights are deletions Green highlights are additions Iowa City Police Department Policy Manual Officer Response to Calls Iowa City Police Department Policy Manual Officer Response to Calls 309.1 PURPOSE AND SCOPE This policy provides officers with guidelines for the safe and appropriate vehicular response to emergency and non -emergency incidents or requests for assistance, whether these are dispatched or self -initiated. 309.2 POLICY It is the policy of this department to appropriately respond to emergency and non-emer enc calls for service or requests for assistance, whether these are dispatched or self -initiated. 309.3 RESPONSE TO CALLS Officers responding to non -emergency calls shall proceed accordingly, unless they are sent or redirected to a higher priority call and shall obey all traffic laws. 309.3.1 EMERGENCY CALLS Officers responding to an emergency call shall proceed immediately as appropriate and shall continuously operate the emergency vehicle lighting and/or siren as required by law (Iowa Code § 321.231(4)) Officers should only respond to a call as an emergency response when circumstances reasonably indicate an emergency response is required. This includes: (a) When in pursuit or apprehending a violator or suspected violator. property Medical calls for which the officer is trained or if the first responders are requesting officer assistance prior to entering to render aid. Incidents could include a possible cardiac arrest, drug overdose, choking, accident with significant personal injury or death, or an incident dangerous to the public that could result in serious injury or death: Copyright Lexipol, LLC 2022/01 26, All Rights Reserved Officer Response to Calls - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls activated until the officer is cleared from the call for service. & No unit assigned to an officer shall be driven in such a manner or at such a speed that the officer is unable to safely maintain control of the vehicle. B. Sirens should be used whenever responding in emergency mode. There may be times when in the judgment of the officer, the use of a siren is unnecessary and creates confusion and unwarranted attention. This should be evaluated on a case -by - case basis by the officer_ C. Officers operating a unit in emergency mode using lights and/or sirens shall slow to speeds where the officer is able to stop at controlled and uncontrolled intersections, this includes intersections controlled by signs or lights. D. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. E. When responding to a medical emergency as defined above, responding officers should downgrade to non -emergency mode when EMS/Fire is on scene unless otherwise_ requested to continue in emergency mode by personnel on;scene. Officers not responding to a call as an emergency response shall observe all traffic laws and proceed without the use of emergency lights and siren. 309.4 REQUESTING EMERGENCY ASSISTANCE When requesting emergency assistance, the involved department member should reasonably believe there is an imminent threat to the safety of him/herself or another person, or that assistance is needed to prevent imminent serious harm to the public. If circumstances permit, the requesting member should provide the following information: • Identifying call sign • Location of the emergency situation • Violator information, including weapons, if applicable • Reason for the request and type of emergency • The number of officers or resources required • Hazards and any known or potential dangers for responding officers In any event where a situation has stabilized and emergency response is not required, the requesting member shall immediately notify the dispatcher and all responding units shall discontinue emergency response and return to a normal response mode. 309.5 SAFETY CONSIDERATIONS Responding with emergency lights and/or siren does not relieve the operator of an emergency vehicle of the duty to continue to drive with due regard for the safety of all persons and property and does not protect the operator from the consequences of reckless disregard for the safety of others (Iowa Code § 321.231(5)). Copyright Lexipol, LLC 2022/08126, All Rights Reserved Officer Response to Calls - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls The officer may, when responding to a call with an emergency response, ana provlae no endangerment or unnecessary risk to persons and property (Iowa Code § 321.231): Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Exceed the speed limit as long as the driver does not endanger life or property. Disregard regulations governing direction of movement or turning in specified directions. Park or stand in the roadway. The operation of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and only when the benefit of such action clearly outweighs the danger of traveling against traffic. 309.5.1 NUMBER OF OFFICERS ASSIGNED The number of officers assigned to respond to an emergency call or request for assistance should be limited to that which is reasonably necessary. To the extent possible the nearest available area car will be assigned as the initial unit of an emergency call and will respond in emergency mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in an emergency mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in an emergency mode. When a scene is stabilized (Officers advise Code 4) all responding units shall immediately cease operating vehicles in an emergency mode and no further units should respond unless requested. 309.6 EMERGENCY EQUIPMENT Vehicles not equipped with emergency lights and siren are prohibited from initiating orjoining in an If the emergency equipment on the vehicle should fail to operate, the officer must terminate the emergency response and continue accordingly. The officer shall notify their supervisor or the dispatcher of the equipment failure so that another officer may be assigned to the emergency response. 309.7 OFFICER RESPONSIBILITIES The decision to initiate or continue an emergency response is at the discretion of the officer. If, in the officer's judgment, the weather, traffic and road conditions do not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of emergency lights and siren at the legal speed limit. An officer shall also discontinue an emergency response when directed by a supervisor or as otherwise appropriate. Upon determining that an emergency response is appropriate, whenever Copyright Lwipol, LLC 2022/08/26. All Rights Reserved. Officer Response to Calls - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls an officer shall immediately give the location from which he/she is responding. The first officer arriving at the emergency call should determine whether to increase or reduce the level of the response of additional officers and shall notify the dispatcher of his/her determination. Any subsequent change in the appropriate response level should be communicated to the dispatcher by the officer in charge of the scene unless a supervisor assumes this responsibility. 309.8 SUPERVISOR RESPONSIBILITIES It is the on -duty supervisor's responsibility to terminate an emergency response that, in his/her judgment, is inappropriate due to the circumstances. When making the decision to terminate an emergency response, the Watch Commander or the on -duty supervisor should consider: • The type of call or crime involved. • The type and circumstances of the request. • The necessity of a timely response. • Weather, traffic and road conditions. • The location of the responding officers and the location of the incident. Copyright Lempol, LLC 2022108126, All Rights Reserved Officer Response to Calls - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Officer Response to Calls 309.10 ESCORTS Private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) shall not be given an escort by a member of this department with the exception of a funeral procession or special event and in those exigent circumstances where the delay involved in an ambulance response to the scene may create a life and death situation. This section does not preclude officers from guiding 'lost' motorists or providing non -emergency Chaperoning for businesses, 309.11 OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative, and it does not compromise the safety of the officer(s) involved. Copyright Lecipol, LLC 2022108/26, All Rights Reserved. Officer Response to Calls - 5 Published with permission by Iowa City Police Department Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 41h Quarter 2022 DATE: January 4, 2023 Attached you will find the IAIR/CPRB 2022 4th quarter summary report for the Iowa City Police Department Internal Affairs/Community Police Review Board investigative file. There were two non -criminal investigations involving two ICPD employees that were received externally through on-line CPRB complaints. The two complaints were from two separate complainants from the same incidents. The investigation is currently in progress. There were four internal non -criminal complaints that were initiated by supervisory staff on four employees. Three of the four investigations involved improper conduct and one was an administrative internal investigation for a discharge of a weapon. One of the investigations remains active and the other three have been closed. 7.7 OUZUR Sgt. Jeff Fink IAIR / CPRB Summary {Nr�' 22-14 j fi pkww MBd111r AYmetr teratlm of YrJfe1R AsmMDta Type of Investigation ROSOUN ff *Gff M 9252022 048 100 BIk Iowa Ave 1013,2022 Improper Action Wlthdravm by Comp Internal 22-15 CppBN MW 00ord UminflicillIM Lora NeoflWo, Ass Bete Typeefenaetgffiion flesollaw Bt1�of Cm4sgut _ 10/6/2022 ICPI7 10/2012022 Improper Conduct Withdrawn by Comp Internal INN! 2&16 10/312022 5:18 icpd 1113/2022 Improper Conduct Internal 22-17 CPRB NaMsr Bete ad Tier of k ident Finamn of Yeddent Ilss" Bete Type of Ireatipatim BesoMlon N1ai of cmilli ett 8/3/2022 Prairie Hill Lane 1118!2022 Other Exonerated Internal 1MN dw 22-18 wuNIN Bet 8WEIoeafYtdeent lIDlliodki IlWprdpaN TypeafMaepgMM 119911il m M*gfcmw Wednesday, January 4, M23 Page t of 2 22-11 7/28/2022 10:11 various 1111512022 Improper Demeanor External 22-11 7/28/2022 10:11 various 11115/2022 Improper -Conduct External MN 6w 22-18.5 Mbdr MWAB e6ThoWd luatimerkxW nt AuWBdpete Typestlrvastgadon AaWlion Oiynetl 22-12 7/28/2022 645 S Dodge St 11/16/2022 Improper Demeanor External 22-12 712WO22 645 S Dodge St 11/162022 Improper Conduct External Wednesday, January 4, 2023 Page 2 or 2 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS December 2022 Date Description None January 10, 2023 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB CornDlaint #22-10 Filed: 09/18/22 Chief's report due (90 days): 12/17/22 Chief's report filed: 11/17/22 Complainant's response to the Chief's report 12/08/22 (21 days to respond, no response received) CPRB meeting #1 (Review) — Deferred to 1/10/23 12/13/22 CPRB meeting #2 (Review): 01/10/23 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 CPRB Complaint #22-11 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) 02/15/23 11/15/22 2/13/23 ??/??/23 77/77/77 ??/??/23 ??/??/23 ??/??/23 ??/??/23 January 10, 2023 Mtg Packet CPRB Complaint #22-12 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) 11 /15/22 2/13/23 ??/??/23 ?7/77/77 ??/??/23 ??/??/23 ??/??/23 ??/??/23 TENTATIVE MEETING SCHEDULE February 14, 2023 March 14, 2023 April 11, 2023