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The City of Iowa City and the Iowa City Police Department shall be committed to the unbiased, equitable treatment of all. Department employees (“employees”) shall treat all in a fair, impartial and objective manner, in accordance with law, and without consideration of their individual demographics as defined in this Chapter. (Ord. 20-4841, 12-15-2020)
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them below, except where the context clearly indicates a different meaning:
BIASED POLICING: | Differential treatment in the performance of law enforcement duties or delivery of police services towards a person or classes of persons when one or more individual demographics was a motivating factor in the action taken. If a person’s individual demographics played a part in the employee’s decision, then that personal characteristic was a motivating factor of the action taken. |
FAIR AND IMPARTIAL TREATMENT: | Persons, irrespective of individual demographics, are treated in the same manner under the same or similar circumstances. Reasonable concessions and accommodations may be made, when dealing with individuals with physical, developmental or mental disabilities, injury, illness, deafness, blindness, substance abuse disorders or similar conditions, individuals whose primary language is a language other than English, individuals of various cultural backgrounds, and individuals of youthful age, or when information about a person legally necessitates different treatment. |
INDIVIDUAL DEMOGRAPHICS: | Personal characteristics to include, but not limited to: race, creed, color, ethnicity, national origin, ancestry, religion, age, gender, sex, gender identity/ expression, sexual orientation, socioeconomic status, disability, immigration status, familial status, marital status, housing status, occupation, language fluency, cultural group, political status, or source of income, or any other identifiable characteristics. |
POLICE SERVICES: | Actions and activities that contribute to the overall well-being and safety of the public. These tasks include but are not limited to: crime prevention and investigation, preventive patrol, traffic control, traffic accidents, medical emergencies and lifesaving services, assistance at fire scenes, public information and education. |
RACIAL PROFILING: | That form of biased policing where a motivating factor of the action taken is based on an individual’s race, color, ethnicity, religion or national origin rather than on the individual’s behavior or on information of the type and kind customarily and reasonably relied upon in identifying the individual as having engaged in prohibited activity. Racial profiling includes but is not limited to vehicle, pedestrian, and bicycle stops where race, color, ethnicity, religion or national origin was a motivating factor for the stop or enforcement action taken during the stop. |
SPECIFIC SUBJECT DESCRIPTION-BASED IDENTIFICATION: | A reasonably detailed physical description of the personal identifying characteristics of a potential suspect or victim, including but not limited to age, sex, ethnicity, race, or English language proficiency. (Ord. 20-4841, 12-15-2020) |
A. Fair And Impartial Treatment.
1. Biased policing is prohibited both in enforcement of the law and the delivery of police services by any employee.
2. Racial Profiling is prohibited both in enforcement of the law and the delivery of police services by any employee. Discriminatory pretextual stops are prohibited under state and federal law and are also prohibited by this chapter.
3. Employees shall exercise their authority and act to accord fair and impartial treatment to all persons.
4. Employees shall not consider individual demographics when performing law enforcement duties or delivering police services except when such characteristics are part of a specific subject description-based identification.
5. Employees shall not use any terms, language or remarks that are derogatory, tend to belittle, show contempt for or defame any individual demographic, except when necessary to include such terms, language or remarks used by another for the preparation of official reports or testimony.
6. Employees must be able to articulate reasonable suspicion or probable cause supporting any police action.
7. Employees shall not take any law-enforcement action based on information from members of the public or other employees that they know, or reasonably should know, under all circumstances present is the product of, or motivated by, bias based on individual demographics unless the circumstances indicate that harm is imminent or a crime has been committed.
B. Department Policies and Procedures Accessible to the Public. The Department’s General Orders shall be made available to the public through publication on the City’s website and hard copies shall be available upon request in accordance with Iowa Code Chapter 22. (Ord. 20-4841, 12-15-2020)
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)
The Iowa City Police Department shall collect, analyze and publicly report data related to policing activity. Such data shall include information on calls for service, related contacts with members of the public, and outcomes of such contacts. Race, ethnicity, gender, age and other available demographic or personal characteristic information should be analyzed in aggregate in order to ascertain trends in disproportionality. (Ord. 20-4841, 12-15-2020)
At least annually all sworn officers shall receive and participate in training and guidance in regard to unbiased policing and prohibited racial profiling while conducting law enforcement activities and police services, which training shall include de-escalation, cultural diversity, cultural competency, and implicit bias and may include, but is not limited to: training on subjects related to police ethics, police interactions with members of the public, active by-stander intervention, standards of conduct, conducting motor vehicle stops, and related topics suitable for preventing incidents of biased policing and racial profiling. (Ord. 20-4841, 12-15-2020)
Racial profiling and biased policing are violations of this Chapter. Any penalty for violation of this Chapter related to any employee not acting in conformity therewith shall be limited to that provided under state or federal law, which violation may include serving as cause for discipline up to and including termination from employment as consistent with federal and state law requirements including Iowa Code Chapters 400, 80F and 20 as applicable. The limitation related to violations of this Chapter related to employee violations is not intended to expand or limit any other remedy or cause of action available under state or federal law, nor to expand or restrict the time for seeking such remedy or cause of action and shall not be construed as doing so, nor as conferring jurisdiction on the Iowa City Human Rights Commission but, pursuant to Section 8-9-4 hereof, Commission staff shall assist individuals who desire to file any complaint with the Iowa Civil Rights Commission for investigation and resolution. The declaration of the prohibitions set forth in this Chapter shall not create any new or separate legal rights or claims by or on behalf of any third party and shall not be construed as a waiver, modification, or alteration of any available defense or governmental immunity of the city under federal or state law. (Ord. 20-4841, 12-15-2020)