HomeMy WebLinkAboutCouncil Packet - 8/24/2020Council Work Session
August 24, 2020
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
3:40 p.m. Discussion of proposed ordinances and resolutions pertaining to racial
equality, safety, use of force, and the police department, as follows:
1. An ordinance establishing the Waterloo Human Safety and Justice
Act.
2. A resolution ordering the change of the Waterloo Police
Department insignia.
3. An ordinance establishing the mandatory use of the Racial Equity
and Social Justice Analysis in the City of Waterloo, Iowa.
4. An ordinance banning the use of facial recognition analysis in the
City of Waterloo.
5. A resolution prohibiting the Waterloo Police Department from
applying for or receiving surplus military grade equipment for civilian
law enforcement use and the disposal of current equipment acquired
through the 1033 Program.
6. A resolution on non -lethal force use by the Waterloo Police
Department against protesters.
Submitted By: Pat Morrissey, Ward 3 Council member
4:40 p.m. Discussion of a sidewalk infill policy with the Complete Streets
Advisory Committee.
Submitted By: Noel Anderson, Community Planning and Development
Director
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of proposed ordinances and resolutions pertaining to racial equality, safety, use of force, and the
police department, as follows:
City Council Meeting: 8/24/2020
Prepared: 8/19/2020
REVIEWERS:
Department Reviewer
Clerk Office Felchle, Kelley
ATTACHMENTS:
Description
D 1. Ord. -Human Safety and Justice
❑ 2. Res. Change of Police Insignia.pdf
❑ 3. Ord-Toolkit.pdf
❑ 4. Ord. -Ban on Facial Recognition Analysis
5. Res. -Prohibition on Receiving Surplus Military
Grade Equipment
❑ 6. Res -Ban -use of force on protestors.pdf
❑ WPD Patches
SUBJECT:
Action
Approved
Type
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Date
8/19/2020 - 1:10 PM
Discussion of proposed ordinances and resolutions pertaining to racial
equality, safety, use of force, and the police department, as follows:
1. An ordinance establishing the Waterloo Human Safety and Justice Act.
2. A resolution ordering the change of the Waterloo Police Department
insignia.
3. An ordinance establishing the mandatory use of the Racial Equity and
Social Justice Analysis in the City of Waterloo, Iowa.
4. An ordinance banning the use of facial recognition analysis in the City of
Waterloo.
5. - A resolution prohibiting the Waterloo Police Department from applying
for or receiving surplus military grade equipment for civilian law enforcement
use and the disposal of current equipment acquired through the 1033
Program.
6. A resolution on non -lethal force use by the Waterloo Police Department
against protesters.
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Submitted By: Pat Morrissey, Ward 3 Council member
Waterloo Human Safety
And Justice Ordinance
The City Council of Waterloo does hereby ordain:
Chapter 7, Section 1 of Title 5: An Ordinance amending Title 5 — Police Regulations of the
Code of Ordinances of the City of Waterloo by adding a new chapter entitled "Waterloo
Human Safety and Justice Act".
(a) The following words and terms are defined as follows:
(1) Profiling is the recording and analysis of a person's characteristics so as to predict that
person's capabilities within a certain topic or to assist in identifying a particular subgroup
of people.
(2) Racial is denoting or relating to the division of the human species into races on grounds
of physical characteristics.
(3) Pre -textual is the use of false reasons that hide the true intentions or motivations for an
action.
(4) Racial and other forms of discriminatory profiling is the reliance on race, ethnicity,
color, national origin, use of a foreign language, gender, gender identity and/or expression,
sexual orientation, political affiliation, religion, housing status, physical or mental disability,
or serious medical condition as a basis, in whole or in part, for suspecting a person of, or
about to, commit an unlawful act, unless that law enforcement officer s (hereafter referred
to as `L.E.O.") decision is based on a specific and verifiably reliable suspect description.
(5) Law enforcement officer (L.E.O.) means any member of the Waterloo Police
Department (hereafter referred to as WPD) duly sworn and vested with police power.
(6) Electi onic or Other Data Collection means reports produced from computer -aided
dispatch (CAD), electronic documentation, body or other camera recording(s) or any other
L.E.O. generated report and shall include the following information:
(i) The date, time and general location of the stop/incident;
(ii) The race or ethnicity, gender and approximate age of the individual(s) involved in the
stop/incident; provided that the identification of these characteristics shall be based on the
observation and perception of the LEO involved and the information shall not be requested
of the person(s) involved with being stopped/detained;
(iii) In the LEO's own words, what the reasonable suspicion and/or probable cause was, if
it exists, to involve LEO action;
(iv) Whether a search was performed as a result of the stop/incident;
(v) The scope of any search;
(vi) Was the search done pursuant to reasonable suspicion and/or probable cause and
what the reasonable suspicion and/or probable cause was in that LEO's own words;
(vii) Was any contraband, including money, was seized in the cou►se of the search, and, if
so, what was the nature of the contraband;
(viii) Was any warning, citation or arrest made as a result of this stop/incident;
(ix) Total time spent in the LEO stop/incident;
(x) The federal identification number of the LEO;
Page 2
(7) Investigatory Activity means any traffic stop, pedestrian stop, interview, interrogation,
detention, frisk, pat down or any seal eh of a person or property.
(8) Limited English Proficient individual is any person whose primary language is not
English and/or who does not have the ability to adequately or understand effectively in
English.
(9) Qualified Interpreter is an individual able to interpret simultaneously and consecutively
and sight translate from English to a foreign language and from foreign language to
English.
10) Excessive Force is a violation of a person's Eighth Amendment Constitutional rights. It
is any force or means of force which is greater than the minimum force necessary in any
interaction with the public.
(b) Prohibition On Racial and Other Forms of Discriminatory Profiling
When conducting any investigatory activity, LEO shall not rely on race, ethnicity, color,
national origin, use of foreign language, limited English proficiency, gender identity and/or
expression, sexual orientation, political affiliation, religion, housing status, physical or
mental disability or serious medical condition as a basis, in whole or in part, for suspecting
that a person has committed or is about to commit a crime, unless that LEO's decision is
based on a specific and verifiably reliable suspect description that includes not just these
characteristics, but other identifying characteristics or information as well.
(c) Documentation
(1) Electronic Data Collection Report
(i) An LEO completing an Electronic Data Collection Report shall record all
information from subsection (a) (6) of this ordinance.
(ii) The WPD shall have policies clearly outlining the definition of "stop' or "incident"
and shall require completion of an Electronic Data Collection Report after the completion
of all stops/incidents. These policies shall be public documents and shall be made available
on the WPD website. The Waterloo Human Rights Commission (hereafter referred to as
WHRC) shall be notified of any changes to these policies and shall have the power to review
and recommend changes for improvement to the Waterloo City Council and the WPD.
(iii) The subject of a traffic, pedestrian or other type stop/incident shall have the right to
request and receive, at the police station, a physical copy of the report (at no charge) which
includes all the data identified in subsection (a) (6) within 72 hours of the stop/incident.
(iv) At every stop/incident, the LEO shall provide the subject(s) with a reference number
to access the LEO's report, the LEO's federal identification number and the contact
information for the WHRC.
(2) Video and Audio Recording
(i) The WPD shall adopt written policies regarding the use of video and/or audio
recording devices, such as but not limited to, dashboard cameras, body cameras and digital
recorders. These policies shall be public record and shall include the following standards:
1. When the device is required to be activated and when it must not be activated.
Page 3
2. That the subject of a stop/incident shall be advised by the LEO that a recording is
o ccurring when practicable and consistent with ensuring LEO safety and that of others.
3. That a chain of custody record of the recordings shall be maintained.
4. That the WPD shall notify the subject(s) of a stop/incident when the audio/video
recording has been retained beyond the minimum period established by policy for further
investigation and subject(s) shall be informed that subject(s) and/or legal counsel have the
right to request to review and listen to recording(s) involving subject(s) at a reasonable time
and location within ten(10) business days of the request.
5. That the policy shall establish a minimum period of retention for such recordings of
n o Less than sixty(60) days, procedures to ensure that the recording equipment functions
properly, shall bar the deletion/destruction of any recording or record of any stop/incident
subject to a pending complaint, misconduct investigation or civil/criminal proceeding. Such
recording(s) shall be retained for a minimum of twenty-one(21) days after the final
resolution of such investigation/proceeding, including the time for any appeal.
6. That the policy shall prohibit any violation of any of these requirements, including any
attempts to tamper with the video/audio surveillance equipment or to otherwise fail to
record stops/incidents as specified in the policy.
(ii) While on duty and in interactions with the public, LEOs shall be prohibited from
u sing personal audio or video recording devices. Only non -personal devices subject to the
policy outlined above shall be permitted.
(iii) LEOs shall not interfere with, harass, demand identification from, or otherwise
intimidate members of the public audio or video recording LEO activity in any place the
recording individual has a legal right to be present. LEOs shall not intentionally block or
o bstruct cameras or other recording devices. LEOs shall not damage/destroy/delete/alter
any recordings from recording devices or cameras. However, nothing in this subsection
shall limit the ability of an LEO to take appropi fate action should the actions of those
recording interfere with LEO's actions or with the safety of the LEOs or others.
(d) Traffic Stops/Pre-textual Stops
(1) Before requesting a license from the subject of a vehicle stop, a LEO must describe to
the subject the suspected violation that prompted the stop. This is where practical and
consistent with LEO and other s' safety.
(2) Pre -textual stops are prohibited. No operator of a motor vehicle shall be requested to
provide any documentation or identification other than a driver's license or a form of
identification listed in subsection (f) (7), motor vehicle registration, and/or proof of
insurance when the motor vehicle has been stopped solely for a traffic violation, unless there
exists reasonable suspicion and/or probable cause of criminal activity, or the operator has
failed to produce a valid driver's license, or the vehicle stopped requires other types of
documentation by law.
(3) No passenger of a motor vehicle shall be requested to provide identification or any other
documentation by a LEO when the motor vehicle has been stopped solely for a traffic
violation, unless there exists reasonable suspicion an/or probable cause of criminal activity.
(4) Unless there exists reasonable suspicion and/or probable cause of immediate or known
criminal activity, no motor vehicle and subject(s) stopped for a traffic violation shall be
detained beyond the time necessary addressing the traffic violation.
(5) When an individual is cited for driving without a license and this constitutes the only
charge from the traffic stop that individual may be issued a court summons but may not be
arrested, provided that the individual is able to show identification of any sort hsted in
Page 4
subsection (f) (7). However, nothing in this section prohibits an arrest of an individual cited
for driving when their license to operate is suspended, revoked or cancelled for:
(i) Operating under the influence of drugs/alcohol;
(ii) Refusing to submit to a chemical test;
(in) Reckless Driving;
(iv) Manslaughter from the operation of a motor vehicle or operating a motor
vehicle so as to endanger;
(v) Three(3) moving violations within a one year period/habitual violator.
(e) Searches
(1) Individual(s) asked by a LEO to consent to a search of that individual's motor vehicle,
person or belongings shall have that individual's right to refuse that search communicated
in such a manner that the individual understands that right and acknowledges that right.
An individual's refusal to consent to that request for a search shall not be deemed
reasonable suspicion to conduct a search.
(2) When practical and consistent with ensuring LEO and others' safety, searches shall be
done by a LEO of same gender identity as individual being searched. If a LEO of
individual's gender identity is not present, one will be called to the scene as soon as possible
so as to not unnecessarily delay the time required to conduct the search. Individuals
identifying as transgender or gender non -conforming have the right to indicate preference
for either male or female LEO. Such request shall not be denied unless it results in risk to
LEO safety. The WPD shall develop and maintain policies and protocols for searches of
transgender, gender non -conforming and gender conforming individuals. These policies
shall be public documents, available on the WPD website, and subject to review and
proposals for change from the WHRC.
(f) Surveillance and Privacy
(1) The WPD shall not engage in targeted electronic surveillance to collect or retain
information about the lawful activities of targeted individuals or groups without reasonable
suspicion that such activities relate to criminal activity or a judicial warrant specific to time,
place and target of such surveillance.
(2) LEOs may not engage in an undercover capacity with groups in non-public places based
solely on those groups' participation in protected First Amendment activities.
(3) LEOs may not consider an individual's lack of proof of identification or failure to
respond to a request for identifying information as probable cause/reasonable suspicion of
criminal activity, unless the LEO has a lawful reason to require identification.
(4) When attempting to determine the identity of a person under eighteen (18) years of age,
LEOs or an LEO representative must accept any statement of that individual saying that
any form of identification is not in that individual's possession and may not repeat a request
for the same form of identification once an individual has stated that the form is not in that
individual's possession.
(5) LEOs may not photograph individuals confirmed to be under eighteen(18) years of age
Page 5
or, in the event that age identification cannot be confirmed, individuals who appear to be
under eighteen(18) years of age, in accordance with subsection (f) (4), except:
(i) As part of a formal booking procedure;
(ii) To document evidence of a crime;
(iii) When there is reasonable suspicion and/or probable cause to believe
that the individual is involved in criminal activity;
(iv) Pursuant to a Court Order;
(v) During large scale public events;
(vi) Through video/audio recording equipment used in compliance with
subsection (c) (2);
(vii) For purpose of documenting injuries sustained by the individual.
Any photographs taken of individuals under eighteen(18) years of age shall be destroyed
within ninety(90) days, unless otherwise prohibited by law, or unless a specific investigation
pertain to that individual remains open or specific charges have been filed and the case
remains open on that individual.
(6) LEOs may not inquire about an individual's immigration status.
(7) Any valid identification issued by a foreign government including but not limited to
consular identification, foreign driver's license current student ID or passport shall be
considered acceptable identification to the same extent as identification issued by any
domestic government agency.
(g) Language Access for Limited English Proficient (LEP) Individuals
(1) The WPD shall maintain a language access hotline connecting LEOs in the field with
qualified interpreters in a timely manner. LEOs wishing to into view an LEP person for
any reason and are not fluent in language of LEP person, shall not interview that LEP
person without the aid of the aforementioned language access hotline or a qualified
interpreter present, except in an emergency situation. LEOs shall not use family members,
friends or bystanders as interpreters except when the aforementioned language access
hotline is unavailable or in emergency situations and/or for the purposes of explaining to an
LEP person that a qualified interpreter or language access hothne is being secured.
(2) The WPD shall make and maintain policies for the use of the language access hotline,
setting standards for determining language fluency among LEOs, and clearly defining
emergency situations. These policies shall be public documents, available on the WPD
website and subject to review and proposed change by the WHRC.
(3) Any custodial interrogation in WPD station(s) involving LEP persons must be recorded
and shall be made available to the interrogated LEP person and/or the LEP person's
attorney(s). A LEO conducting a custodial interrogation in the field a body camera shall
record the interrogation in full. Recordings made pursuant to this subsection shall be made
available to the interrogated LEP person(s) and/or attorney(s) for LEP person(s) and LEP
person(s) so informed of that right, unless doing so would be documented as impeding an
ongoing investigation.
Page 6
(4) Miranda Warnings, and all other vital written materials, will be available in the most
commonly spoken LEP languages in Waterloo according to the most recent Census data
updated at least every 5 years) In the case of a language where forms have not been
translated or in the case of illiteracy, forms shall be read to a suspect/witness in that
person's primary language using contracted interpretive services. The WPD shall post signs
in WPD station(s) informing the public of the most commonly spoken LEP languages and
that a language access hotline will be provided (without charge) to LEP persons. These signs
shall be easily and noticeably visible to the public.
(h) Collaboration With Other Law Enforcement Agencies
(1) Any formal agreements addressing cooperation and mutual assistance between WPD
and other law enforcement agencies shall be deemed Public Documents subject to the
public's right to access and posted on the WPD and City of Waterloo's websites unless such
is shown to adversely impact investigatory activities.
(2) A LEO shall not detain any person on the basis of request from another agency or
pursuant to an administrative warrant, after that person is eligible for release from custody,
unless the requesting agency has a criminal warrant issued by a judicial officer for that
person or the detention is otherwise constitutional.
(3) The WPD are not permitted to comply with requests by other agencies to support or
assist in opet ations conducted solely for the purpose of enforcing civil immigration law,
including but not limited to requests to establish perimeters related solely to immigration
enforcement.
(4) Nothing in this chapter prohibits or restricts any LEO from sending to, or receiving
from federal immigration authorities, information regarding the citizenship or immigration
status of a person pursuant to sections 1373 and 1644 of Title 8 of the United States Code.
(5) Any joint activity between the WPD and other law enforcement agencies not covered by
formal agreements as stated in this section [(h)(1)], shall be reported to the public and to the
Waterloo City Council and WHRC as soon as practical upon completion of that activity.
(6) The WPD shall respect, follow and maintain the provisions of this ordinance when
working in collaboration with other law enforcement agencies.
(i) Accountability and Enforcement
(1) In General:
(i) When conducting a stop or search, a LEO must provide that LEO's federal
identification number.
(ii) Subject(s) of a stop or search may ask an on -duty LEO for a business card
containing that LEO's federal identification number. The LEO must comply with that
request when practical and consistent with ensuring officer and other persons' safety.
Such requests shall not be deemed reasonable suspicion of criminal activity. When in
work status, WPD LEOs must have the federal identification number visible on their
attire.
Page 7
(2) Any per son subjected to any violation of this Ordinance, other than a violation of
subsection (i) (5), may file a civil action for injunctive and declaratory relief, as well as
compensatory damages against:
(i) A governmental body that employs any LEO who has engaged, is engaging or
continues to engage in violations of any section or subsection of this Ordinance;
(ii) Any LEO who has engaged, is engaging or continues to engage in knowing and
willful violations of this Ordinance;
(iii) A governmental body or LEO that has been apprised to the substance of this
Ordinance and have or are able to access the Ordinance yet claim lack of
particulars to this Ordinance after a violation of this Ordinance (knowledge of this
Ordinance's particulars is a requirement for employment with WPD).
(3) The preservation of all additional rights, procedures and remedies is upheld as written
in the United States Constitution, Section 1983 of Title 42 of the United States Code, the
Constitution of the State of Iowa, and all other federal, state and municipal law and all pre-
existing civil remedies, including monetary damages, created by statute, ordinance,
regulation, or common law.
(4) The Waterloo Chief of Police shall prepare and make available on the City of Waterloo's
website, as well as to the WHRC, the City Council and the public, a semi-annual report
(January and July of each year) commencing with Waterloo's fiscal year containing the
following information:
(i) A compilation of the data collected pursuant to subsection (c) (1), providing at a
minimum statistical descriptions of individuals stopped, results of stops, analyzed by race,
ethnicity, gender and age (as perceived by the LEO initiating the stop);
(it) Maps or other graphics providing approximate geographical locations of aggregate
stops*
(iii) Complaints received by the WHRC involving one or more provisions of this
Ordinance; all complaints received from any source are to be sent to WHRC;
(iv) A summary of Internal WPD investigations during this period; and any LEOs
having more than a single complaint in the course of employment by WPD or any law
enforcement agency;
(v) A summary of all pending civil and criminal litigation (confidentiality preserved)
against the WPD or any LEO, or the City of Waterloo, alleging violation(s) of provision(s)
of this Ordinance;
(vi) Copies of any new policy, protocol, procedure(s) or revisions to existing policies,
protocols or procedures enacted or proposed during the report period.
(5) The WHRC, upon review of all data described in subsection (i) (4) may recommend a re-
allocation of specified amounts of City funding in the WPD budget to other community
public services including: human services, municipal leisure services, housing initiatives,
youth programming, employment opportunities, social and mental health services.
(i) A written description of any recommendations shall be submitted to the Mayor and the
City Council no later that the last day of January in any calendar year.
(ii) The Mayor and Waterloo Chief of Police shall provide a written response to the
WHRC recommendations no later than twenty(20) days after receiving them.
Page 8
(iii) The City of Waterloo's Finance Department shall review and respond to the WHRC
recommendations during Waterloo City Council annual budget deliberations At a public
hearing on the City of Waterloo's proposed budget, the public may present their
responses to the WHRC recommendations.
(6) The WHRC, in conjunction with The City of Waterloo Human Resources Department,
shall be authorized to review proposed collective bargaining agreements between the City of
Waterloo and a Union representing sworn LEOs employed by the City of Waterloo at the
time tentative signed agreements are submitted to the Waterloo City Council, and to make
recommendations to either or both parties negotiating that agreement
(7) The WHRC shall be specifically authorized to accept and receive complaints to any
violation of this Ordinance, as well as complaints regarding improper/inappropriate use of
tasers, batons, canines, police equipment, etc.
(8) The WHRC is authorized to receive copies of all WPD Internal Affairs Investigations
involving any form of misconduct by a LEO "on or off duty", and not limited to violations
of this Ordinance. Respective disciplinary measures shall not be released to the public
consistent with laws of the State of Iowa.
(9) The WHRC, in review of subsection (i) (8) may make recommendations to the Mayor
and City Council of Waterloo, but only in a closed session of the Waterloo City Council.
(j) No Provision or Violation of This Ordinance Shall Be Used as an Independent Basis
to Suppress Evidence in a Criminal Proceeding.
(k) Appropriate Funding Shall Be Made Available to Implement the Provisions of This
Chapter.
(I) No Later Than Six(6) Months From Enactment of This Ordinance, the Chief of
Police of the City of Waterloo and the Chairperson of the WHRC Shall Present to
the City Council of Waterloo a Verbal and Written Report on the Implementation
of this Ordinance. Such Report Will Be Made at a Public City Council Meeting.
(m)Use of Force by WPD in Interactions with the Public.
i.) Strangle or choke holds are prohibited (unless to defend self or others);
ii.) Other measures that impair breathing are prohibited;
) The use of lethal weapon(s) shall only be used as a last resort and only then
in a manner to halt action in defense of self or others;
iv.) The use of Excessive Force is prohibited;
v.) All WPD LEOs are required to intervene in order to stop any other LEO's
use of Excessive Force;
vi.) Any WPD LEO who observes another LEO using Excessive Force as defined
is required to immediately report such use to the Chief of Police and the
WHRC;
Page 9
If use of force includes weapons, no such use shall be directed at moving
vehicles unless to defend self or others from that vehicle which being used as
a lethal weapon;
(n) The possession of small quantities (one ounce or less) of marijuana or use of same
shall only be enforced at the lowest priority.
(o) All members of the WPD are required to read, understand and practice the
provisions of this Ordinance realizing that violations of this Ordinance shall result
in disciplinary measures beginning with an initial Clarification (unless a violation is
seen as extreme by the WHRC). Discipline need not be progressive dependent on the
violation's severity.
(p) Severability:
If any phrase, clause sentence subsection or section of this Ordinance is declared
by a Court of competent jurisdiction to be invalid, the validity of the remaining
Ordinance and its applicability shall not be affected.
Chapter 7, Section 2 of Title 5:
This ordinance shall take effect on Passage.
RESOLUTION ORDERING THE CHANGE OF WATERLOO POLICE INSIGNIA
Whereas, the guiding mission of the Waterloo Police Department is "committed to service,
procedural justices, and the sanctity of human life," and to carry out their duties "within a
framework of service, uncompromising integrity, fiscal responsibility, professionalism,
vigilance, and bias free conduct"; and
Whereas, the overall purpose of law enforcement is to maintain the peace, to restore peace and to
protect and serve the citizens and residents of the community with trust and integrity and
Whereas, the "griffin" carries a violent racist and white supremacist connotation with close ties
to hatred and violence perpetrated on African Americans and other targeted minorities; and
Whereas, the "griffin" insignia as used by the City of Waterloo and its Police Department since
1964 leaves many citizens and residents apprehensive and distrustful when dealing with the
Waterloo Police Department; and
Whereas, this apprehension and distrust, also can make the job of Waterloo Law Enforcement
more difficult in carrying out their duties;
Therefore, Be It Resolved:
#1 - That the current Waterloo Police Department "griffin" insignia be removed from all vehicles
and uniforms; and
#2 — That it be replaced by either the Traditional triangular "Waterloo police Dept."
patch/insignia or by a newly designed insignia created with public input, reflecting community
values and approved by the Waterloo City Council; and
#3 — That this change is completed no later than 6 months from date of Passage of this
Resolution.
Search the collection
primary Source Sets Second Ku Klux Klan and T... A Ku Klux Klan flag, `l865.
K
um Mara flag/ 13650
Courtesy of Chicago History
Museum via Illinois Digital
Heritage Hub.
'FL FOR STUDENTS
For this source, consider:
o the author's point of view
o the author's purpose
o historical context
o audience
ahis early Ku Klux Klan flag is peach -colored and triangular-
haped with a wide scalloped border of lavender taffeta. There
a large black winged dragon in the center of the flag,
urrounded by a Latin motto, which translates in English as:
That which always, that which everywhere, that which by all
ad been held to be true," or "What was right for all times and
laces."
Item 1 of `I5 in the Primary Source Set Second Ku Klux Klan and The Birth of a Nation Next Item
Various colors of KKK robes, however, indicate rank
within the organization. This orange robe and hood
belonged to the Grand Dragon (represented on the
robe by the letters "G" and "D"), the highest-ranking
KKK official in Texas. While the Ku Klux Klan was
founded following the Civil War, local groups persisted
through the 20th century, when the robes and hoods
were used to conceal the identities of its members,
which could include prominent businessmen, police
officers, and high-ranking public officials.
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influential Grand Dragon in the country. In just three years, he grew the North
Carolina Klan from a handful of friends to some 10,000 members -- more than
the Klans of all other southern states combined Browse a gallery of the rise
and fall of the North Carolina Ku Klux Klan -- and the man behind it.
18of26
Ordinance No.
An Ordinance Establishing the Mandatory Use of Racial Equity and Social Justice Analysis in the
City of Waterloo, Iowa
Be It Ordained by the City Council of Waterloo, Iowa as Follows:
Title I
Human Rights Department
Chapter
Article A: Attached hereto is language codifying the mandatory screening of policies, practices,
programs and budgets for racial equity and social justice. This ordinance's goal is to determine
racial equity and social justice impacts to the community of Waterloo through its policies,
practices, programs and budgets. Repeated studies and research have brought to nationwide
attention racial and social justice disparities within our community of Waterloo, Iowa. This
Ordinance and the required utilization of the Racial Equity and Social Justice Toolkit are a
means of correction.
Therefore:
Section 1: Definition of Words and Terms
a) Racial Equity: elimination of policies, practices, programs and budgets which
reinforce differential outcomes by race or fail to eliminate them, and permanent
use of fair and balanced policies, practices, programs and budgets
b) Race: The grouping of humans based on physical characteristics which have been
used by societies to support views of superiority and inferiority.
c) Social Justice: The fair and just relation between the individual and society
measured by the distribution of wealth, opportunities and privileges within a
society.
Section 2: Racial Equity and Social Justice Toolkit
a.) This ordinance incorporates the Racial Equity and Social Justice Toolkit as
developed and presented to Waterloo City Council in June 2020,
b.) This ordinance establishes the utilization of the Racial Equity and Social
Justice Toolkit as developed by the Waterloo Commission on Human
Rights and presented in June of 2020, a nine (9) page document.;
c.) This ordinance establishes the Waterloo Commission on Human Rights as
the "Citizen Body' to analyze and evaluate the policies, programs and budgets as
to racial equity and social justice.
Section 3: General
a) All current policies, practices programs and budgets may be analyzed and
evaluated as seen necessary by the Waterloo Commission on Human Rights
b) All proposed policies practices, programs and budgets shall by analyzed and
evaluated by the Waterloo Commission on Human Rights using the Racial Equity
and Social Justice Toolkit when seen necessary by the Waterloo Commission on
Human Rights.
olicies, ro • rams an
Developed for Use in the City of Waterloo, Iowa
by the
Waterloo Commission on Human Rights
June 2020
1
Section I
Section II
Section III
Section IV
Attachment I
Attachment 2
Introduction
Race and Social Injustice Best Practices Criteria
Racial Equity Impact Analysis Worksheet Instructions
Racial Equity Impact Analysis Worksheet
RSJ Budget and Policy Toolkit Key Definitions
RSJI Departmental Liaisons
I; Introduction
work
All departments are implementing annual Race and Social directors'(RJ)accountability
focusing on their own lines of business. In addition, department agreemen
ts with the City Council/ Mayor include RSJ pnoriWork is
t es. Department
work plans
include strategies for reducing racial disparity andfostering
being done to address three broad goals: Contracting
1) End racial disparities internal to the City — Workforce Equity,
Equity, and Training and Skill Development.
2)Strengthen City services, Immigrant and Refugee Access to Services.
3Eliminate race -based disparities in our communities.
Alprograms
Cgraty departments will be encouraged to use the Racial Equity Toolkit in policies and
rams on a routine basis to further incorporate the Initiatlve into all aspects of City
support in two broad areas:
operations.
Toolkit is designed to provide
operations. The Racial Equity
1) Budget and Policy Filter analysis and services. Departments will use this toolkit
ndations; and
2) Review of existing City programs andpolicies and
on a routine basis to develop and/or improve programs, p
procedures.
Budget and Policy Filter
All who wo
rk in City government have a role to play in achieffort The Budget ing race and social
justice,
olicy
and the budget and policy -making process is central to that
Filter is a simple set of questions:
1)umanHow does this action accomplish the Mayor/City Councof the il'syRace
and Social
Justice Initiative (as expressed through the work
ts
Commission)?
2) Please identify any unintended consequences from this proposal.
These questions will be incorporated into City budget and policy processes, including
Budget Issue Papers and policy papers.
The Toolkit is a more in-depth resource to supplement the Budget and Policy Filter
questi
ons. These tools, including a set of RSJ Best Practices Criteria
onsea and
tthe RSJI Racial Equity
udget
Impact analyser shouldutbens Because oto f the importance of understanding terminology
and Policy Filter questions
included throughout this toolkit, key definitions are included in Attachment 1.
Review of Existing Programs and Services
Since the beginning of the I tutionalized las smve, ts have been
and promote
of business to eliminate institutionalized
Departments now use the Toolkit to systematically review all
deepen our approach to eliminating institutional racism.
The toolkit includes:
® Section II
• Section II
• Section III
® Section IV
• Attachment I
® Attachment 2
When applying the Toolkit, the following steps should be followed:
asked to analyze their lines
multiculturalism.
programs and services to
Step
Step 3
Ste •'
Step
Race and Social Injustice Best Practices Criteria
Race and Social Injustice Best Practices Criteria
Racial Equity Impact Analysis Worksheet Instructions
Racial Equity Impact Analysis Worksheet
RSJ Budget and Policy Toolkit Key Definitions
RSJI Departmental Liaisons
Review RSJ Best Practices Criteria (see Section I),thf heacialpleEquity
ed ity Impact
Analysis instructions (see Section III), and examples
lyses
see Section
s
Identify appropriate staff to complete the analysis, Humanightse Comm
am issi n
assistance would be beneficial. Human Rights e
ged
via . our de • artmental RSJI Liaison see list of the'n Attachment 3
Rac al Equity Impact Analysis
Collect data necessary for completion
see Section III for resources
Com • lete Racial E • ui : Im • act Anal sis Worksheet submitseeelectronic LionIcopy of
ant department staff and
worksheet to the Waterloo
Share analysis withee Commission on Human Rights
Abraham.funchess • waterloo -moor•
Y
e
For the
Polic and Budget Filter, worksheet responses need not
bf submfter itted
along
with
Budget Issue Papers Senior Staff briefings or legislative re
ng
respons
es to filter questions, Department of Finance, Human Resources and/or Mayor's
office
The City of Waterloo RSJ Best Practices Criteria and Racial Equity Impact Analysis tool
have been developed by the RSJ Core Team in Seattle. They acknowledge the excellent
work of others, including the Annie E Casey Foundation and their Race Matters Racial
Equity Impact Analysis tool, President Clinton's Initiative on Race, the Aspen institute,
and the Applied Research Center's Racially Equitable Policy Development Guide.
IL -ace and ocial Justice =est Practices Criteria
The criteria below will be used to identify actual best practices so they can be shared and
replicated. As departments gain experience with the Budget and Policy Filter and Racial
Equity Impact Analysis, we anticipate that these best practices criteria will be refined.
RSJI best practices will meet the following criteria:
1. Assess community conditions and the desired community impact
• Includes clear documentation of the existing community conditions,
including disparities.
• Explicitly enumerates specific goals and outcomes to emphasize
program goals of reducing racism and decreasing racial disparities (as
well as other program or policy goals)
• Incorporates design to adjust goals and practices to keep pace with
changing needs and racial demographics.
2. Expand opportunity and access for individuals
• Increases opportunity and/or access for those who historically have
been excluded.
• Integrates strategies to improve access for immigrants and refugees,
including appropriate interpretation and translation policies.
3. Affect systematic change
• Reforms the ways in which institutions operate to lessen racial
disparities and eliminate discrimination
• Analyzes and changes policies and practices that may perpetuate racial
disparities and/or institutionalized racism.
4. Promote racially inclusive collaboration and civic engagement
• Creates opportunities for collaboration that fosters mutual respect
among people who fully represents Waterloo's racial diversity.
• Provides opportunities for program participants and leaders or people
affected by a policy to take action to address racial disparities and foster
racial equity.
• Fosters greater participation in civic engagement that can promote
leadership in racial equity efforts.
4
5. Educate on racial issues and raises racial consciousness
® Explicitly educates about the importance of historical and contemporary
facts regarding race, racism, and/or culture.
• Educates and encourages sharing about race and racism, including the
connections between personal feelings and experiences and race -
related systematic issues in society.
III. ' acial qui Impact Analysis orksheet Instructions
Actions under consideration will include a range of policies, programs and procedures.
Analysis of some actions will be more readily evident than others, but the tool has been
constructed such that it can be applied to all.
Conducting a Racial Equity Impact Analysis at the earliest possible stage of development
or revision of a policy, program or procedure will help to ensure actions are aligned with
the RSJ Initiative. The analysis should be completed by people who bring different racial
and economic perspectives, ideally including Black people, Indigenous Other People of
Color (BIPOC); and white people. This will maximize the valuable learning experience
and allow the action to be shaped in a racially equitable manner.
IV. Racial Equity Impact Analysis orksheet
The following three steps are recommended before filling out the rest of the
worksheet:
Step
Description
Review RSJ Best Practices Criteria (see Section II, the Racial
Equity Impact Analysis instructions (see Section III), and
examples of completed analyses (see Section V).
Identify appropriate staff to complete the analysis determine
whether Change Team and/or Core Team assistance would be
beneficial. Core Team assistance can be arranged via your
departmental RSJI Liaison (see list in Attachment 3).
Collect data necessary for completion of the Racial Equity
Impact Analysis (see sidebar for resources.
1. Department and Project/Program/Policy Title:
2. Briefly describe the proposed action and the desired results:
5
9. How does this action help to achieve greater racial equity? Describe the
resources, timelines, and monitoring that will help ensure success.
10. Are there any unintended consequences on racial equity? Are there strategies to
mitigate any negative impacts?
ATTACHMENT 1: RSJ Budget and Policy Toolkit Key Definitions
A proposal put forth by a City department to City Council/
Mayor that identifies an issue to be considered within the
context of development of the City's budget, often
including an increase or decrease in funding.
A set of two questions designed to help (1) determine how
newly proposed or updated policies (including budgets and
legislation) align with RSJI and (2) screen for potential
unintended consequences that might increase racial
inequity. The purpose of these questions is to enable
decision -makers to see a more complete picture when
choosing a course of action on a proposal, not just a
budget or political perspective.
Increasing the knowledge of and tools used by city staff to
achieve race and social justice
Efforts to achieve equitable racial outcomes in the way the
City spends resources, including goods and services,
consultants and contracting.
Governmental services and resources are easily available
and understandable to all Waterloo residents, including
non-native English speakers Full and active participation
of immigrant and refugee communities exists in Waterloo's
Criteria to assess whether a given policy or program is
effective at achieving race and social justice.
Differences in outcomes or community conditions based on
race. Examples include different outcomes in health,
education, environment and criminal justice outcomes
based on race.
Advantage and disadvantage cannot be predicted based
upon race.
The City's overall workforce diversity reflects the diversity
of the population living in Waterloo. The City:
• Meets voluntary federal diversity goals;
• Increases upward mobility opportunities for workers
in low wage occupation groups with high
concentrations of workers of colors*
• Increases diversity in occupational groups where
overall diversity is low or some racial groups are
significantly under represented; and
• Promotes fair and equitable access to advancement
and career development opportunities for all
employees.
SECTION XX: BAN ON USE of FACIAL RECOGNITION ANALYSIS IN THE CITY
OF WATERLOO
(a) Definitions
1. "Facial. Recognition" shall mean an automated or semi -automated process that assists
in identifying or verifying an individual, or in capturing information about an
individual, based upon the physical characteristics of an individual's face.
2. "Facial Recognition system" shall mean any computer software or application that
performs facial recognition.
3. "Waterloo" shall mean any department, agency, bureau, and/or subordinate division
of the City of Waterloo, Iowa.
4. "Waterloo official" shall mean any person or entity acting on behalf of the City of
Waterloo including any officer, employee, agent, contractor, subcontractor, or
vendor.
(b) Ban on City Use of Facial Recognition Analysis
1. It shall be unlawful for Waterloo or any Waterloo official to:
a. obtain, retain, possess, access, or use (i) any facial recognition system, or (ii)
information derived from a facial recognition system;
b. enter into an agreement with a third party for the purpose of obtaining, retaining,
possessing, accessing, or using, by and on behalf of Waterloo or any Waterloo
official, any facial recognition system; or
c. issue any permit or enter into any other agreement that authorizes any third party,
on behalf of Waterloo or any Waterloo official, to obtain, retain, possess, access
or use (i) any facial recognition system, or (ii) information derived from a facial
recognition system.
2. Nothing in (b)(1) shall prohibit Waterloo or any Waterloo official from:
a. using evidence relating to the investigation of a specific crime that may have been
generated from a facial recognition system, so long as such evidence was not
generated by or at the request of Waterloo or any Waterloo official; or
b. obtaining or possessing (i) an electronic device, such as a cell phone or computer,
for evidentiary purposes, or (ii) an electronic device, such as a cell phone or
tablet, that performs facial recognition for the sole purpose of user authentication;
c. using facial recognition on an electronic device, such as a cell phone or tablet,
owned by Waterloo or by any Waterloo official, for the sole purpose of user
authentication;
d. using social media or communications software or applications for
communicating with the public, provided such use does not include the
affirmative use of any facial recognition;
e. using automated redaction software, provided such software does not have the
capability of facial recognition; or
f. complying with the National Child Search Assistance Act.
(c) Enforcement
1. Facial recognition data collected or derived in violation of this ordinance shall be
considered unlawfully obtained and shall be deleted upon discovery, subject to
applicable law.
2. No data collected or derived from any use of facial recognition in violation of this
ordinance and no evidence derived therefrom may be received in evidence in any
proceeding in or before any department, officer, agency, regulatory body, legislative
committee, or authority subject to the jurisdiction of the City of Waterloo.
3. Any violation of this ordinances constitutes an injury and any person may institute
proceedings for injunctive relief, declaratory relief, or wiit of mandate in any court of
competent jurisdiction to enforce this ordinance.
4. Violations of this ordinance by a City employee shall result in consequences that may
include retraining, suspension, or termination, subject to due process and provisions
of collective bargaining agreements.
5. Nothing in this ordinance shall be construed to limit any individual's rights under
state or federal law.
RESOLUTION PROHIBITING WATERLOO POLICE DEPARTMENT FROM
APPLYING FOR OR RECEIVING SURPLUS MILITARY GRADE EQUIPMENT FOR
CIVILIAN LAW ENFORCEMENT USE AND THE DISPOSAL OF CURRENT
EQUIPMENT ACQUIRED UNDER THE 1033 PROGRAM
Whereas, the National Defense Authorization Act of Fiscal Year 1997 allows for the U.S.
Department of Defense, through the Law Enforcement Support Office in the Defense Logistics
Agency (DLA-LFi SO) to transfer to local law enforcement agencies surplus military equipment
for civilian law enforcement use through a program commonly referred to as the "1033
program"; and
Whereas, the DLA-LESO reports that since the program's inception more than $7.8 billion in
military equipment has been disbursed to local civilian law enforcement agencies, including to
the Waterloo Police Department; and
Whereas, in 2014 Attorney General Eric Holder announced a review of the 1033 program
stating, "displays of force in response to mostly peaceful demonstrations can be
counterproductive,... it makes sense to take a look at where military -style equipment is being
acquired for the right purposes and whether there is proper training on when and how to deploy
it."; and
Whereas, studies have shown and diverse groups from the Charles Koch Institute and the
American Civil Liberties Union have concluded that the militarization of police erodes trust and
leads to increased police violence, while the use of military grade equipment has not been shown
to significantly reduce crime; and
Whereas, in 2015 the President Barack Obama signed Executive Order 13688 limiting the type
of military equipment available for local acquisition through the 1033 program, but in 2017
President Donald Trump issued a new executive order rescinding EO 13688; and
Whereas, the Defense Logistics Agency reports that the Waterloo Police Department received
and currently possesses the following DLA-LESO accountable equipment
Quantity
Acquisition
Value
Ship
Date
NSN
Item
Name
1005-00-073-9421
M1A1
Rifle
5.56 millimeter
26
$499.00
(each)
August
22, 2002
and
Whereas, while the city of Waterloo has not received surplus military equipment for civilian law
enforcement purposes since 2002, the City remains eligible for future allocations and the City
Council does not desire to use this program now or in the future; and
Whereas, the Waterloo Police Department maintains other equipment appropriate for civilian law
enforcement; now therefore it be
Resolved: that the Waterloo Police Department shall not apply for of receive surplus military
equipment for civilian law enforcement use from the Dept tinent of Defense; and, be it
Further Resolved that all equipment obtained by the Waterloo Police Department under the 1033
program shall be either: 1.) returned to the Department of Defense; or 2 ) donated to the Iowa
National Guard; and, be it
Further Resolved that this Mandate take effect on Passage with action required within it
completed within six (6) months of Passage.
RESOLUTION ON NON -LETHAL FORCE USE BY WATERLOO POLICE
DEPARTMENT AGAINST PROTESTORS
Whereas, in 1925 the use of "asphyxiating gases, liquids, substances, or other materials" were
banned under the Geneva Conventions on the Conduct of War including tear gas; and
Whereas, in 1997 the Chemical Weapons Convention, of which the United States is a signatory,
banned the utilization of riot control agents (RCAs); including tear gas and pepper spray, during
war; and
Whereas, due to a loophole it is still legal to utilize these RCAs against civilians in the United
States; and
Whereas, according to a study by Drs. Rohini J Haar, Vincent Iacopino, Nikhil Ranadive,
Madhavi Dandu, and Sheri D. Weiser, found in a survey of scientific liteialtures that `non-
lethal" rubber bullets caused death in 3% of cases, permanent disability in 15.5% of cases, and
that these weapons 'have the potential to cause severe injury and death"; and
Whereas, flash bang explosive devices have been linked to severe burns and trauma; therefore,
be it
Resolved that the Waterloo Police Department shall immediately cease the utilization of flash
bangs, rubber bullets, and tear gas against civilians; and; be it
Further Resolved that current stockpiles of such equipment by the Waterloo Police Department
shall be disposed of safely and properly within 6 calendar months from the date of Passage of
this Resolution.
CITY OF WATERLOO
Council Communication
Discussion of a sidewalk infill policy with the Complete Streets Advisory Committee.
City Council Meeting: 8/24/2020
Prepared: 8/19/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 8/19/2020 - 3:14 PM
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of a sidewalk infill policy with the Complete Streets Advisory
Committee.
Submitted By: Noel Anderson, Community Planning and Development
Director