A. Employees who witness or who are aware of instances of biased policing or racial profiling shall report the incident to a supervisor and shall provide all information known to them before the end of the shift during which they make the observation or become aware of the incident or as soon thereafter as practicable under the circumstances. Where appropriate, employees are encouraged to intervene at the time the biased policing or racial profiling incident occurs and, in any event, shall report such biased policing or racial profiling to a supervisor as soon as practicable under the circumstances. Where unreasonable use of force occurs, officers have a duty to immediately physically intervene, when in a position to do so, to prevent the use of unreasonable force.
B. Any employee who opposes any practice occurring in violation of this Chapter shall not be discriminated against in any manner for opposing such practice, testifying, assisting or participating in any investigation, proceeding or hearing arising out of this Chapter.
C. Supervisors shall ensure the working environment is free of bias and free of racial profiling. This oversight responsibility may include periodic inspections of body and in-car audio/video systems, traffic stop data, reports and field inspections during police interactions with members of the public. Supervisors shall:
1. Take the appropriate action when a violation of this Chapter occurs.
2. Ensure that there is no retaliation for individuals reporting such violations.
D. Any person claiming to be aggrieved or to have witnessed biased policing or racial profiling may file a complaint. No person shall be discouraged, intimidated, or coerced from filing such a complaint, nor shall any person be discriminated or retaliated against because he or she has filed a complaint of this nature.
1. While the Iowa City Human Rights Commission will not have jurisdiction to investigate or adjudicate alleged violations of this chapter, the commission staff shall educate the public about the complaint process and shall assist individuals in filing a biased policing or racial profiling complaint with the Iowa Civil Rights Commission (ICRC). The ICRC has jurisdiction over racial profiling complaints against law enforcement as such complaints allege discrimination in public accommodations by a local government unit that offers services to the public based on the individual demographics prohibited by the Iowa Civil Rights Act. Iowa Code Sec. 216.7; see also, Iowa Code Sec. 216.2(13) as now adopted or hereinafter amended. The remedies afforded by the Iowa Civil Rights Act are not exclusive and do not foreclose a person from asserting any remedies he or she may have based on the Federal or Iowa Constitutions, Federal or Iowa Codes, or common law.
2. All complaints of biased policing or racial profiling brought to the City shall be filed directly with the Police Department or the Iowa City Community Police Review Board. (Ord. 20-4841, 12-15-2020)