Case Number 36       

When we formally entered the accreditation process one of the first areas we addressed was the evidence/property section of the standards.  This was because we were aware that some agencies had difficulties in this area.  When reviewing CALEA standard 84.1.1 (g), "establishing procedures for the temporary and final release of property items from the control of the property and evidence function;" we initially felt Iowa Code Chapter 80.39 dealing with the Disposition of Personal Property, which we were currently operating under, would meet the standard.  However, further review of the statute revealed that this section of the code in actuality only applied to the Iowa Department of Public Safety (State Patrol, DCI, Fire Marshall etc.).  Upon checking with other agencies, prosecutors, and county auditors, we discovered that most municipal and county agencies in the state were in fact operating under this statute. 

In reality, Iowa Code Chapter 556F pertaining to Lost Property addressed the manner in which local agencies were to handle the disposition of found property.  The problem with chapter 556F was that it was antiquated (specifically mentioning rafts of logs on rivers), and extremely cumbersome, requiring entries, notices, and publication by the County Auditor.  Upon further discussion with local prosecutors and the State County Attorney’s Association, it was recommended that the legislature be contacted with reference to making procedures comparable for State (DPS) and local Law Enforcement Agencies.

The Captain of Administrative Services, Tom Widmer, contacted the President of the State Police Association who then arranged a meeting between a local State Representative and Captain Widmer.  A proposal was made that legislation be introduced to allow local agencies to operate in a manner similar to the Department of Public Safety.  During the next legislative session, a bipartisan bill was introduced to allow local law enforcement agencies to operate under Iowa Code Section 80.39.  The bill was subsequently passed and formally allowed us and other Iowa agencies to act in the more streamlined fashion. 

The self-assessment process caused us to extensively review all directives under which we were operating.  This review identified a "quirk" in the state law, under which many Iowa agencies had been in technical violation, and was directly responsible for a change in the law.  

Sergeant Kevin Hurd, Accreditation Manager
Iowa City (IA)  Police Department

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