HULL CAMPAIGNS FOR CHANGE

It has come to my attention that the Police Officers of Iowa City appear to have been so instructed as to be in breach of the Iowa City Code, as follows.

Reference: Title 9 of the City of Iowa City Code. Chapter 3 of Title 9 outlines the 'Rules of the Road'.

In particular, Iowa City Code does not specify that all vehicles must have auto insurance in order to operate within the city.

I would like to contrast this with the following memo which I came across via the Iowa City Press Citizen.

Memo from the Iowa City Police Department (as it appeared in the Iowa City Press Citizen).
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Performance Expectations Day Watch 2008

1.) Officers will make at least twenty (20) self-initiated traffic stops each month. Officers are expected to do these stops in a professional manner and with articulable probable cause. In-car cameras with audio will be used for all traffic stops. Officers will be expected to determine the license status of the Driver/Operator of the vehicle, the registration status of the vehicle and determine if there is a valid insurance policy on the vehicle. Officers will fill out the traffic contact information at the end of the traffic stop.

Lt. Dan Sellers
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This does clearly state that the Police Officer, then, has a number of responsibilities.

A. The officer must make at least twenty self-initiated stops per month.
B. The officer must determine the drivers license status of the driver.
C. The officer must determine the registration status of the vehicle.
D. The officer must determine the auto insurance status.
E. Officers must fill out traffic memorandum for each stop.

However, on the other hand, there is no existing Iowa City Code regarding valid auto insurance policies. The codes involving proof of auto insurance are located in the Iowa Code (state). Because there is no Iowa City Code involving auto insurance, the policy set forth in the memo by Lt. Sellers surely means that the officers are acting in their official capacity as officers of the State Dept. of Public Safety.

However, Iowa Code states:

321.5 Duty to obey.
All local officials charged with the administration and enforcement of this chapter shall be governed in their official acts by the rules promulgated by the department.

321.6 Reciprocal enforcement -- patrol beats.
There shall be reciprocal co-operation between the members of the department, the state department of public safety and local authorities in the enforcing of local and state traffic laws and in making inspections, although this section shall not be construed to give the state department of public safety any right to establish regular patrol beats inside municipal limits unless requested for a special occasion or emergency by the mayor of such city or the sheriff of the county.

321.492A Quotas on citations prohibited.
A political subdivision or agency of the state shall not order, mandate, require, or in any other manner, directly or indirectly, suggest to a peace officer employed by the political subdivision or agency that the peace officer shall issue a certain number of traffic citations, police citations, memorandums of traffic violations, or memorandums of faulty equipment on a daily, weekly, monthly, quarterly, or yearly basis.

This does, however, contrast rather strongly with that policy set forth by the Iowa City Police Department, as itemised above.

Apparently it was also stated, in the inestimable Iowa Champion: "If I was to demand they (write) tickets, that would be a quota," Sellers said. "That's not what this is. Now, (officers) may have a perception it's a quota. My perception is you're being lazy and not doing your job." (Source)

Lt. Sellers has further admitted that the officers may perceive the "Performance Expectation" to be a quota.

However, 321.492A specifies that more than just quotas on citations are prohibited and that such quotas may not even be indirectly implied. In addition, explicitly, quotas for memoranda are also prohibited.

It would appear then that:

1. The Iowa City Police Department has enacted quotas that are clearly prohibited by the language of 321.492A of the Iowa Code.

2. The Iowa City Police Department has established regular patrol beats within the city while acting in their official capacity as officers of the State Department of Public Safety, clearly prohibited by Iowa Code 321.6 which clarifies that officers have no right to establish regular patrol beats within the city. Particularly, there is no "no insurance" code within the Iowa City Code.

In conclusion, the memo citing that officers must check for valid insurance clearly puts them in the position of acting in their official capacity as officers of the State Department of Public Safety. Their Duty to Obey means that they must obey the provisions promulgated by the State when acting in their official capacity as officers of the State.

I would like to ask, then, in what way does the City reconcile these laws with respect to these practices or in what way do you propose to rectify this anomalous situation causing Iowa City Polics Officers to be in breach of one law or another.

With every good wish for your historic and fantastic city,

Yours sincerely

Martin J Deane, MSc

Hull and East Riding Green Party

United Kingdom