HomeMy WebLinkAbout5570-08.24.2020Prepared by Kelley Felchle City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5570
AN ORDINANCE AMENDING THE CITY OF WATERLOO
CODE OF ORDINANCES BY REPEALING ARTICLE A,
POLICE DEPARTMENT, OF CHAPTER 6, MUNICIPAL
DEPARTMENTS, TITLE 1, ADMINISTRATION, AND
ENACTING IN LIEU THEREOF A NEW ARTICLE A, POLICE
DEPARTMENT, OF CHAPTER 6 MUNICIPAL DEPARTMENTS,
TITLE 1, ADMINISTRATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That Article A, Police Department of Chapter 6, Municipal Departments, Title
1, Administration, is hereby repealed and a new Article A, Police Department, of Chapter 6
Municipal Departments, Title 1, Administration, is enacted in lieu thereof as follows:
ARTICLE A. POLICE DEPARTMENT
1-6A-1: DEPARTMENT ESTABLISHED:
1-6A-2: DEFINITIONS:
1-6A-3: POLICE CHIEF:
1-6A-4: GENERAL DEPARTMENT POWERS AND DUTIES:
1-6A-5: MANDATORY POLICIES:
1-6A-6: RESERVE UNIT:
1-6A-1: DEPARTMENT ESTABLISHED:
All ordinances of the city creating, establishing and structuring the police department, not
inconsistent with the provisions of this code, are hereby expressly saved from repeal.
1-6A-2: DEFINITIONS:
Biased Policing: Discrimination in the performance of duties, based on personal prejudices or
partiality of officers that interferes with their professional judgment, training or adherence to
law. Biased policing includes, but is not limited to, making prejudicial decisions affecting
individuals in classes protected by federal, state, and local law.
Racial Profiling/Biased-Based Profiling: A law enforcement -initiated action based on an
individual's race, ethnicity, gender, sexual orientation, or national origin rather than on the
individual's behavior or on information identifying the individual as having engaged in criminal
activity. Racial profiling pertains to persons viewed as suspects or potential suspects of criminal
behavior. The term is not relevant as it pertains to witnesses, complaints or other citizen
contacts.
1-6A-3: POLICE CHIEF:
The chief of the police department shall be appointed by the mayor with approval of the city
council from the police chief civil service list. Nothing herein contained shall prevent the
removal of and the termination of the appointment of the chief as provided by law or
employment agreement.
1-6A-4: GENERAL DEPARTMENT POWERS AND DUTIES:
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The police department shall provide for the preservation of public peace and enforcement of all
state laws, city ordinances, and orders of the mayor during civil emergencies; Work to prevent
and solve crimes; Respond to emergency calls for service involving life threatening situations
and/or in -progress crimes; May assist the city attorney whenever requested in the examination of
the facts concerning any case or possible case against the city; Maintains a secure system for
police records and evidence. Employees of the police department shall devote their whole time
and attention while on duty to the business of the department and shall at all times be subject to
the rules and regulations made by the chief of police concerning their conduct and duties.
1. Officers shall police in a proactive manner and investigate suspected violations of law. It is
the duty of the WPD to actively enforce state and federal laws in a responsible and professional
manner, without regard to race, ethnicity, or national origin, and to police within the scope of the
Constitution.
2. Officers shall conduct themselves in a respectful manner at all times when dealing with the
public. Two of the fundamental rights guaranteed by the United States constitution are equal
protection under the law and freedom from unreasonable searches and seizures by government
agents. The WPD will respect both, the rights of all persons to equitable treatment under the law,
and the right to be free from unreasonable searches and seizures. Engagement by any WPD
officer in racial profiling or biased based policing is, both unacceptable, and strictly prohibited.
1-6A-5: MANDATORY POLICIES:
The Chief of Police shall develop, implement, and enforce training, programs, or policies that
address the following:
1. Establish a Chief's Policy and Disciplinary Review Board.
2. Prohibit racial profiling.
3. Require biased free policing.
4. Require in car video and body -worn cameras.
5. Require crisis intervention training.
6. Require training for interactions with transgender individuals.
7. Require officers to de-escalate situations, when possible, before using force.
8. Require a use of force rational decision -making model that defines or limits the types
of force to the minimum force necessary standard that can be used to respond to
levels of resistance.
9. Restrict or prohibit chokeholds and strangleholds, including positional asphyxia and
carotid restraints.
10. Require officers to give a verbal warning, when possible, before using deadly force.
11. Prohibit officers from shooting at people in moving vehicles unless the person poses a
deadly threat by means other than the vehicle.
12. Require officers to exhaust all other reasonable alternatives before resorting to the use
of deadly force.
13. Require officers to adhere to their duty to intervene, to stop another officer from
using disproportionate force, and requiring officers to report conduct that is
inconsistent with the policies, procedures, directives, standard operating procedures,
mission, vision, ethics, values, and guiding principles of the department, and the City
of Waterloo.
14. Require officers to report both uses of force and threats of or attempted uses of force.
1-6A-6: RESERVE UNIT:
A. Creation: There is hereby created the Waterloo police reserve unit in accordance with the
provisions of Iowa Code chapter 80D.
B. Definition: A reserve police officer is a volunteer, non -regular, sworn member of a law
enforcement agency who has regular police powers while functioning as an agency's
representative and participates on a regular basis in the agency's activities.
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C. Membership; Qualifications:
1. Membership and Size: The size of the police reserve unit shall be determined by the chief
of police. The reserve organization shall consist of a police reserve coordinator assigned by
the chief of police from the membership of the police department, a reserve captain, a
lieutenant and sergeants to serve as squad leaders for each squad of five (5) or more reservists
as deemed necessary. Membership in the police reserve shall be determined upon standards
established and approved by the chief of police. Applicants for membership shall be certified
by the chief of police upon recommendation of the police reserve coordinator after
satisfactory completion of the training standards. Each reserve member shall take an oath of
office.
2. Physical Examination: All police reserve officers shall satisfactorily pass a department
approved physical examination at their expense prior to being appointed as a police reserve
officer.
3. Standards and Training. All standards and training required under Iowa Code chapter 80D
shall constitute the minimum standards for police reserve officers.
4. Status: Members of the police reserve shall be considered employees of the city while they
are performing police duties as authorized and directed by the chief of police. However, they
are not subject to the conditions of the collective bargaining agreement of the police
bargaining unit nor can they derive any benefit from the police pension. They are also not
subject to the civil service provisions of Iowa Code chapter 80D.
5. Compensation: They shall receive a salary of two dollars ($2.00) yearly from the city at the
beginning of each fiscal year.
D. Officers Duties and Responsibilities:
1. Reserve Coordinator: The police reserve coordinator shall be assigned by the chief of
police from the membership of the police department and responsible to the chief of police
for the supervision, training, recruitment and activities of the police reserve unit.
2. Reserve Captain: The police reserve captain shall be responsible to the reserve coordinator
for the command, control and direction of police reserves. It shall be his duty to assist the
police department in the enforcement of all laws and city ordinances in such a manner and at
such time as directed by the police chief.
3. Reserve Lieutenant: The police reserve lieutenant shall assist the reserve captain and
supervise the reserve sergeants.
E. Removal: Members of the police reserve shall serve at the discretion of the chief of police.
They shall be appointed, promoted, removed and discharged from such position by the police
chief who may consider the recommendation of the police reserve coordinator.
F. Rules: The police reserves may adopt a constitution, rules and regulations for the conduct of
meetings and activities consistent with city ordinances and the laws of the state. All police
reserve officers are subject to the police department code of conduct and such other regulations
as established by the chief of police.
G. Uniform and Safety Equipment:
1. The city shall furnish all reserve officers with the following equipment and uniform items:
1 reserve breast badge
1 reserve badge
1 ID card
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1 police reserve patch
Ammunition for weapon
2. Reserve officers shall furnish, at their own expense, the following items (items shall be
replaced as needed to provide the minimum as listed from department approved suppliers):
1 pair of pants, navy blue
1 summer shirt, navy blue
1 winter shirt, navy blue
1 cap, navy blue
1 tie, black
1 jacket, navy blue
Leather equipment, i.e., to consist of belt, handcuffs with case
Freeze +P spray with case
1 department approved firearm
1 ASP Baton
1 ballistics vest
1 helmet
Name tags for shirts and jacket
3. During their hours of duty, members of the police reserve shall wear the uniform as
prescribed by the chief of police.
H. Records: The police department shall keep an accurate record of all members of the police
reserves, their dates of admission and discharge.
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: August 24, 2020
PASSED 1st CONSIDERATION: August 24, 2020
PASSED 2nd CONSIDERATION: August 24, 2020
PASSED 3rd CONSIDERATION: August 24, 2020
PASSED AND ADOPTED this 24th day of August 2020.
Quentin Hart
Quentin Hart, Mayor
ATTEST:
Ke//er, �etch/e
Kelley Felchle
City Clerk