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HomeMy WebLinkAbout277-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 277-24 File Number: 2024-641 FAYETTEVILLE POLICE DEPARTMENT POLICIES (ADOPTION): A RESOLUTION TO APPROVE AMENDMENTS TO FAYETTEVILLE POLICE DEPARTMENT POLICIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves amendments to Fayetteville Police Department policies 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited; 1.2.4 Domestic Abuse; 1.3.1 Use of Force; 22.3 Secondary Employment; 26.1.1 Disciplinary Matters & Awards Procedures; 41.2.17 Canines; 44.1.1 Juvenile Operations, 46.2.1 Emergency Response Team; 48.1.1 Next of Kin Notification; and 84.1.1 Property Management, Acquired and In -Custody. PASSED and APPROVED on November 7, 2024 Page 1 Attest: kson Shelton, Senior Deputy City Clerk Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 7, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: Police Department Policies RECOMMENDATION: CITY COUNCIL MEMO 2024-641 Staff recommends the Fayetteville City Council approve a resolution adopting amendments to Fayetteville Police Department policies 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited, 1.2.4 Domestic Abuse, 1.3.1 Use of Force, 22.3 Secondary Employment, 26.1.1 Disciplinary Matters & Awards Procedures, 41.2.11 Use of Department Vehicles, 41.2.8 Vehicular Pursuit, 41.2.17 Canines, 44.1.1 Juvenile Operations, 46.2.1 Emergency Response Team, 48.1.1 Next of Kin Notification, and 84.1.1 Property Management; Acquired and In -Custody. BACKGROUND: The Fayetteville Police Department (FPD) is in the process of reviewing and updating policies to ensure they align with current accreditation standards and best practices. These policies provide employees with the necessary tools and guidance to make informed decisions in complex situations, reducing the pressure to rely solely on personal judgment in uncertain situations. FPD policies help promote accountability, which helps build trust and transparency between our agency and the community. DISCUSSION: Fayetteville Police Policy 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited is an existing policy that contains changes to meet updated training practices and updated state statutes. Fayetteville Police Policy 1.2.4 Domestic Abuse is an existing policy that contains changes to meet updated practices and state statutes. Fayetteville Police Policy 1.3.1 Use of Force is an existing policy that contains changes to meet changes in department practices. Fayetteville Police Policy 22.3 Secondary Employment is an existing policy that contains changes to meet updated insurance policy requirements and department practices. Fayetteville Police Policy 26.1.1 Disciplinary Matters & Awards Procedures is an existing policy that contains changes to meet updated department practices and structure. Fayetteville Police Policy 41.2.8 Vehicular Pursuit is an existing policy that contains changes to meet updated department structure. Fayetteville Police Policy 41.2.11 Use of Department Vehicles is an existing policy that contains changes to meet updated department practices. Fayetteville Police Policy 41.2.17 is an existing policy that contains changes to meet updated department practices and protocols. Fayetteville Police Policy 44.1.1 Juvenile Operations is an existing policy that contains changes to meet updated department practices and protocols. Fayetteville Police Policy 46.2.1 Emergency Response Team is an existing policy that contains changes to meet updated department structure, practices and protocols. Fayetteville Police Policy 48.1.1 Next of Kin Notifications is an existing policy containing changes to meet updated department practices. Fayetteville Police Policy 84.1.1 Property Management; Acquired & In -Custody is an existing policy containing changes to meet updated department practices. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 These policies are attached to the agenda packet, and all changes to these existing policies have been highlighted for review. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. ATTACHMENTS: SRF (#3), 1.2.3 Unlawful or Improper Bias Based Profiling Prohibited (#4), 1.2.4 Domestic Abuse (#5), 1.3.1 Use of Force (#6), 22.3 Secondary Employment (#7), 26.1.1 Disciplinary Matters & Award Procedures (#8), 41.2.8 Vehicular Pursuit (#9), 41.2.11 Use of Department Vehicles (#10), 41.2.17 Canines (#11), 44.1.1 Juvenile Operations (#12), 46.2.1 Emergency Response Team (#13), 48.1.1 Next of Kin Notificiations (#14), 84.1.1 Property Management; Acquired & In -Custody (#15), City Council Agenda Memo (#16), 44.1.1 Juvenile Operations City Council Revision (#17) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-641 Police Department Policies A RESOLUTION TO APPROVE AMENDMENTS TO FAYETTEVILLE POLICE DEPARTMENT POLICIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves amendments to Fayetteville Police Department policies 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited; 1.2.4 Domestic Abuse; 1.3.1 Use of Force; 22.3 Secondary Employment; 26.1.1 Disciplinary Matters & Awards Procedures; 41.2.17 Canines; 44.1.1 Juvenile Operations, 46.2.1 Emergency Response Team; 48.1.1 Next of Kin Notification; and 84.1.1 Property Management, Acquired and In - Custody. Page 1 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2024-641 Item ID 11/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/15/2024 POLICE (200) Submitted Date Division / Department Action Recommendation: Staff recommends the Fayetteville City Council approve a resolution adopting amendments to Fayetteville Police Department policies 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited, 1.2.4 Domestic Abuse, 1.3.1 Use of Force, 22.3 Secondary Employment, 26.1.1 Disciplinary Matters & Awards Procedures, 41.2.11 Use of Department Vehicles, 41.2.8 Vehicular Pursuit, 41.2.17 Canines, 44.1.1 Juvenile Operations, 46.2.1 Emergency Response Team, 48.1.1 Next of Kin Notification, and 84.1.1 Property Management; Acquired and In -Custody. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.2.3 Unlawful or Improper Bias Based Profiling/Policing Prohibited Effective Date: November- 17, 2020 Reference: ^,,..,nsas ^et 1207 44002ACA 12-12-1401, ACA 12- 12-1403, ACA 12-12-1404, 52.1.1, 26.1.1 Version: 5 6 CALEA: 1.2.9 No. Pages: 3 I. PURPOSE The purpose of this policy is to prohibit the act of unlawful and improper bias based profiling policing and to reaffirm the department policy to perform all duties impartially, without favor or affection or ill will and to treat all citizens equally with courtesy, consideration and dignity. Unlawful or improper Bbias based profiling policing is the selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group including but not limited to, race, ethnic background, national origin, gender, gender identity/expression, sexual orientation4defftity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups, is prohibited in all traffic contacts, field contacts, and in asset seizure and forfeiture efforts [CALEA 1.2.9 a.]. II. DISCUSSION This policy recognizes ^,.',.,nsas Aet 1207 of Arkansas Code Annotated 12-12-1403 to prohibit racial profiling and further establishes a directive to prohibit the use of mee, e "ieity, Hetiefaorigin,or- r-eligioifl race, ethnic background, national origin, gender, gender identity/expression, sexual orientation, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches and seizures, and other law enforcement activities. III. POLICY All officers of the Fayetteville Police Department are directed to adhere to the guidelines contained within this policy pew prohibiting unlawful or improper bias based profiling policing and "racial profiling" as defined by "mesas-z=et 1207 of 240TArkansas Code Annotated 12-12-1401 [CALEA 1.2.9 a.]. 1.2.3 Bias Based Profiling Prohibited Page 1 of 3 A. Definitions Bias Based Policing - The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, gender identity/expression, sexual orientation,, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups. Racial Profiling — A law enforcement action base relying to any degree on race, ethnicity, national origin or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Reasonable Suspicion — A standard based on facts or circumstances which alone do not give rise to probable cause to arrest, but which do give rise to a suspicion that has some relevant basis and is not pure conjecture. B. Prohibitions Officers are prohibited from relying on race, ethnic background, national origin, gender, gender identity/expression, sexual orientation/ident4y, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups, to any degree, in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of police practices following the initial routine investigatory activity [CALEA 1.2.9 a.]. Officers shall have reasonable suspicion or probable cause in compliance with the United States Constitution and Arkansas Rules of Criminal Procedures prior to stopping a pedestrian or motor vehicle, or engaging in detentions, searches, arrests, or other investigatory activities. IV. PROCEDURES A. Officers shall professionally and courteously identify themselves by full name (first and last name) and department, state the reason for the stop, and when possible, provide written identification. B-. Newly hired-Oofficers shall receive a basic training course prior to assignment on racial and cultural sensitivity_ and afw-ual *,-aini g ; er-Ming r oaWes that prohibit unlawful ifnpr-oper- bias p ':, ing. Newly hired Nnon-sworn personnel assigned duties that require interaction with the public in an official capacity shall receive a basic training course on racial and cultural sensitivity within sixty (60) days of assignment. Annual *,.,,:, ing shall issues, asset seizure and > > , diser-imination, and e [CALEA 1.2.9 b.]. The eotffse of instmetio„ shall stress under -standing and r-espeet for- Faeial, ethnie, national, religious, and etilwfal 1.2.3 Bias Based Profiling Prohibited Page 2 of 3 C. Annual training for all employees shall emphasize the prohibition against unlawful or improper bias based profiling and racial profiling and will include profiling related training to include field contacts, traffic stops, search issues, asset seizure and forfeiture, interview techniques, cultural diversity, discrimination, and community support [CALEA 1.2.9 b.]. The course of instruction shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties. Officers will also complete foreign language training with an emphasis it Spanish, when possible, in aeeer-danee with state !-aw to ensure adequate communication with residents of our community (ACA 12-12-1404). D. Officers shall adhere to departmental policy regarding the use of mobile video/audio systems (General Order #22) and body -worn cameras (FPD policy 41.3.8). E. Supervisors are responsible for ensuring that all personnel read and understand the policies and procedures prohibiting unlawful or improper bias based profiling policing and racial profiling. 1. Supervisors will routinely monitor ems' employees' de4y activity/interactions r-eperts and encourage officers to report violations of this policy to determine whether any officer is engaged in a pattern of racial profiling or bias policing. 2. Supervisors will not retaliate against an officer or officers who report acts of unlawful or improper bias based profiling policing or racial profiling. 3. Supervisors receiving a complaint of this nature will conduct a cursory investigation and forward any findings to the Chief of Police. If merited, the complaint will be forwarded to the Office of Professional Standards for further investigation. F. Internal or external complaints or allegations of racial profiling or unlawful or improper bias policing shall be assigned to the department's Office of Professional Standards for an investigation. Appropriate corrective action will be taken if a complaint is sustained. Corrective action may involve supervisor coaching, supervisor counseling, written record of oral reprimand warning, written reprimand, suspension, or dissal termination as specifically covered by Policy 26.1.1 [CALEA 1.2.9 c.]. G. The supervisor of the Office of Professional Standards shall complete an annual administrative review of agency practices including citizen concerns. The review should take into account traffic contacts, field contacts, asset seizure and forfeiture efforts, the department's training, internal or external complaints and the corrective measures taken if any complaints are sustained [CALEA 1.2.9 c.]. 1.2.3 Bias Based Profiling Prohibited Page 3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND R ULES' Subject: 1.2.4 Domestic �'�e-Abuse Effective Date: November- 19,2013 Reference: 42.1.1, ACA 5-26-302, ACA 9-15-302, ACA 12-12-108, ACA 16-81-106, ACA 16-81-113, ACA 16-90-1107 Version: -3 4 CALEA: 42.1.4 NT, 55.1.1 NT No. Pages: 4-6 1. PURPOSE To establish clear policy and procedural directives for officers responding to domestic violence calls. 11. POLICY It is the policy of this department to treat all acts of domestic violence as criminal conduct. Therefore, an officer's objective(s) in responding to domestic violence calls shall be to protect victims from further violence, enforce state laws against violators, and arrest offenders where applicable. A. Arresting Domestic Violence Offenders An officer has the authority to make an arrest with or without a warrant for domestic abuse as provided in Rule 4.1 (a)(iv) of the Arkansas Rules of Criminal Procedures. 1. A law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed acts which constitute domestic abuse as defined by law against a family or household member and which occurred within twelve (12) hours preceding the arrest. 2. An officer may arrest a person without a warrant for other offenses as defined by law against a family or household member that do NOT involve injury and which occur within four (4) hours preceding arrest. to inelude aferstsfor- Har-assment, 14afassing Gamffmnieatiens, Trespassing, Assault, or Terroristie Threuten 3. Although officers shall exercise discretion in responding to domestic violence calls, arrest shall be the preferred action in cases involving physical violence and/or domestic battering as stated in Ark. Code Ann. 16-81-113. III. DEFINITIONS A. Domestic �'i�e-Abuse - ACA 16-81-113 generally defines Domestic vieleflee abuse i-S generally define as the infliction of physical harm, bodily injury or assault, or the fear of imminent physical harm, bodily injury or assault, by one between family or household members on anothen, or, any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state. 1.2.4 Domestic Abuse Page 1 of 6 Wa■ D. Family or Household Member (F/HM) - The "family or household member" relationship must be proven in any Domestic Ong Abuse crime. Ark. Code Ann. 5-26-302 defines "family or household member" as including: 1. Spouses or former spouses; 2. Parents and children; 3. Persons related by blood within the fourth degree of consanguinity; 4. Persons who presently or in the past have resided or cohabited together; 5. Any child residing in the household; 6. Persons who have or have had a child in common, and; 7. Persons who are presently or in the past have been in a dating relationship together. IV. ASSOCIATED OFFENSES Although not exclusively limited to domestic abuse situations, these four crimes are frequently associated with domestic abuse and often involve family or household members: A. Stalking; B. Terroristic Threatening C. Harassment, and; D. Harassing Communications. V. PROCEDURES 1. Patrol Responsibilities — When possible, priority will be given to domestic disputes. Officers will respond immediately and coordinate their approach with the appropriate backup. Officers should obtain all available information from the dispatcher before arriving at the scene. 2. Officers shall conduct a thorough investigation of the domestic vielenee abuse incident and include the following evidence when available (FPD 42.1.1): a. Incident report including documentation of injuries of the victim(s); b. Evidentiary articles that substantiate the incident; c. Physical evidence of the crime scene itself, d. Medical reports, if applicable; e. Photographs of visible injuries on the victim; 1.2.4 Domestic Abuse Page 2 of 6 f. Photographs of the crime scene ; g. Diagram of the crime scene, if needed to support other evidence; wl h. Audio/video recordings (9-1-1, MVR, BWC, etc.)...; i. Lethality Assessment Form; and j. Laura's Card. 3. Lethality Assessment Form — The officer primarily responsible for interviewing a victim of domestic violence shall assess the potential for danger by asking a series of questions provided on a Lethality Assessment Form. The Lethality Assessment Form shall be completed with the following information from the victim (ACA 12-12-108): a. Whether the offender ever used a weapon against the victim of threatened the victim with a weapon; b. Whether the offender threatened to kill the victim or victim's children; c. Whether the victim believes the offender will try to kill him or her; d. Whether the offender ever tried to choke the victim; e. Whether the offender is violently or constantly jealous; f. Whether the offender controls most of the victim's daily activities; g. The victim's current living situation and if he or she has recently left or separated from the offender after living together or being married; h. The victim's employment status; i. Whether the offender has ever attempted suicide to the best of the victim's knowledge; j. Whether the victim has a child that the offender believes is not the offender's biological child; k. Whether the offender follows, spies on, or leaves threatening messages for the victim, and; 1. Any other pertinent information, including any other conditions or circumstances that concern the victim regarding his or her safety. 4. Laura's Card — Officers shall promptly give the victim, and if applicable, the victim's family a preprinted document to be known as "Laura's card" that clearly states the following (ACA 16-90-1107)[CALEA 55.1.1 a., d., e. NT]: a. An explanation of the victim's rights under this subchapter; and b. Information concerning the availability of: 1) Assistance to victims, including medical, housing, counseling, financial, social, legal, and emergency services; 2) Compensation for victims under the Arkansas Crime Victims Reparations Act, ACA 16-90-701, and the name, street, address, and telephone number of the agency to contact; 3) Protection of the victim, including protective court orders; 4) Access by the victim and the defendant to public records related to the case; and c. The officer's badge number and contact information. 5. Information Provided to Victims — As soon as possible, the victim, as relevant, shall be provided with following (ACA 16-90-1107): 1.2.4 Domestic Abuse Page 3 of 6 a. Information as to the suspect's identity, unless inconsistent with law enforcement purposes; b. Information as to whether the suspect has been taken into custody, has escaped, or has been released, and any conditions imposed on the release when such information has been made know to anyone at the agency; c. The file number of the case and the name, office address, and office telephone number of the officer assigned to the case; and d. The prosecuting attorney's name, office address, and office phone number. 6. The r eeisie to Arrest for Domestic Abuse - Officers shall affect an arrest, based on probable cause and supported by the statements of the victim or witness, of abusers in domestic situations in the following circumstances: a. Where a felony has been committed; b. Where the officer is aware of a past history of assaults committed by the abuser and there is probable cause to believe another assault has occurred; c. Where a physical assault has occurred and there is evidence of either alcohol or drug abuse; d. Where any weapon was used to inflict the injury, or was used to intimidate or threaten the victim; e. Where an assault has occurred and, if the officer takes no action, there is strong likelihood that further violence or injury might result; f. In cases where the conditions of a protective order have been violated; g. Offenses committed in the presence of the officer, or; h. Where there are valid warrants on file. 7. Preliminary and Follow Up Domestic Abuse Investigations [CALEA 42.1.4 NT]: a. Officers shall investigate incidents involving domestic abuse thoroughly and attempt to locate and interview the abuser; b. If the abuser is unable to be found and probable cause exists for his/her arrest, officers shall coordinate the issuance of a detailed be on the lookout (BOLO) which includes: (1) The wanted suspect's identifying information; (2) Specific charges; (3) If a suspect is wanted on misdemeanor charges, the time the probable cause for his/her arrest expires; c. Officers shall notify their supervisor when the investigation proceeds beyond their scheduled shift and may require the assistance of other squads or specialized divisions; d. Officers shall complete the preliminary arrest report and leave it in an area readily available for other officers; e. Officers shall complete all reports related to the incident prior to the end of their shift; and f. If the abuser is not located or the probable cause for arrest expires, officers shall: (1) Prepare a case file and (2) Submit a warrant request to the appropriate prosecutor's office. VI. NO CONTACT ORDERS AND ORDERS OF PROTECTION 1.2.4 Domestic Abuse Page 4 of 6 1. Protective Orders - Orders of Protection are generally issued by the court when domestic violence has occurred. There are dwft five types of court orders typically used to protect victims of domestic abuse: a. Orders of Protection b Mutual Restf.,;, ing Orders Mutual Orders of Protection c. No Contact conditions of release d. No Contact Orders e. Extended Post -Conviction No Contact Order 2. Enforcement of Arkansas Orders - Orders of Protection issued in any Arkansas court shall be enforced by law enforcement wherever a violation occurs. An Arkansas order is valid throughout the state, regardless of which court issued the order. 3. Enforcement of Out of State Orders — Orders of Protection issued by courts located outside of Arkansas will be enforced in Arkansas, provided the form of the order meets the "full faith and credit" requirements; Ark. Code Ann. 9-15-302 requires the issuing court must have had valid jurisdiction, the respondent must have had reasonable notice and opportunity for a hearing, and evidence of this is found on the face of the order. 4. Violations of Orders of Protection - When orders of protection are violated, the enforcement procedures differ according to the type of order and the issuing court. a. Violation of an order of protection is a separate criminal offense charged when an order of protection issued by a circuit court or other court with competent jurisdiction (issued by the ehaneer-y ,.ettft) is violated. Under this statute, a law enforcement officer can make a warrantless arrest if the officer has probable cause to believe a person (ACA 5-53-134): (1) Is the subject of an order of protection, and; (2) Has been served notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection; and (3) Has violated the terms of the order, even if the officer did not witness the violation. (NOTE: An officer exercising due care and acting in good faith in making an arrest for domestic abuse has immunity from civil liability.) b. ACIC Requirements — The Arkansas Crime Information Center maintains a registry of all orders of protection and temporary orders of protection issued by a state court, or registered in the state. 5. Violations of No Contact Orders — When no contact orders are violated, the enforcement procedures differ according to the type of order and the issuing court. a. Violation of no contact conditions of release and/or no contact orders is a separate offense charged by the issuing court when the no contact order is violated. This order is typically issued as a bond requirement. If this type of no contact order is violated, the investigating officer shall; (1) Complete preliminary and incident reports and forward to the appropriate prosecutors office once the report(s) is approved; (2) If the violation occurs during regular business hours, notify the appropriate prosecutor's office by phone; 1.2.4 Domestic Abuse Page 5 of 6 (3) If the violation occurs outside of regular business hours, notify the appropriate prosecutor's office by email. A list of the prosecutors preferred contacts will be posted in the squad room and in the Policies and Procedures Manual in the Agency Common drive; a. Officers shall provide the prosecutor's office with the incident number with details of the alleged violation, the victim's contact information, and the suspect's name and contact information if available in order to start the bond revocation. (4) Refer the victim to the appropriate prosecutor's office for additional assistance. 6. Violation of a post -conviction no contact order is a separate criminal offense. These orders are entered into NCIC. If a post -conviction no contact order is violated, the investigating officer shall (ACA 5-4-106): a. Verify the order is valid in NCIC; b. Arrest the offender, with our without a warrant, if the officer has probable cause to believe the offender knowingly violated the order; and c. Complete preliminary and incident reports. 1.2.4 Domestic Abuse Page 6 of 6 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 1.3.1 Use of Force August 16,-2424 Reference: 1.3.4, 41.3.5, General Orders 13, 14, 23, 29, 31, 32 Version: 4-0 CALEA: 1.2.10, 4.1.1, 4.1.2, 4.1.3, 4.1.51 4.1.65 4.2.2, 4.2.3, No. Pages: -9-10 4.2.4, 4.3.1, 4.3.21 4.3.3, 4.3.4, 4.2.15 41.3.89 4.1.6, 4.1.7 I. PURPOSE The purpose of this directive is to state the Fayetteville Police Department (FPD) policy regarding the use of force, including deadly force, less lethal force and defensive tactics. II. DISCUSSION The value of human life is immeasurable in our society. Police officers have been delegated the responsibility to protect life and property and apprehend criminal offenders. The apprehension of criminal offenders and protection of property must at all times be secondary to the protection of life. The officer's responsibility for protecting life must include his/her own. [CALEA 4.1.2] III. DEFINITIONS Deadly Force — Deadly force is that force which may cause death or grave injury, or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or grave injury. Physical Force — Physical force is any bodily impact, restraint, confinement or the threat thereof. Reasonable Belief — Reasonable belief is fact or circumstances the officers knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. Serious Physical Injury — Serious physical injury is bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in a long-term loss or impairment of the functioning of any bodily member or organ. Chokehold — A chokehold is a technique that restricts a person's ability to breathe by applying pressure to the windpipe. 1.3.1 Use of Force Page 1 of 11 Stranglehold — A stranglehold is a technique that temporarily restricts blood flow to the brain, which may cause a person to go unconscious. IV. POLICY It shall be the policy of the Fayetteville Police Department that its officers shall not use more force in any situation than is reasonably necessary under the circumstances [CALEA 4.1.1]. Officers will receive in-service training on the department's use of force policy and the use of deadly force on an annual basis [CALEA 4.3.3, 4.1.2]. Officers of the Fayetteville Police Department shall only carry firearms, less -lethal weapons, and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have potential for police action, officers shall only carry firearms, less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 4.3.1 a., b.]. Employees of the Fayetteville Police Department (both sworn and non -sworn) have an obligation to protect the public and other employees. It shall be the duty of every employee present at any scene where physical force is being applied to either stop or attempt to stop anyone when force is being inappropriately applied or is no longer required. Employees shall report all instances where intervention was attempted or required to their supervisor. When encountering unreasonable actions of anyone that could result in injury, death or violations of constitutional or civil rights, intervention must be immediate [CALEA 1.2.10]. Employees have a responsibility to take appropriate action if they become aware of any violation of departmental policy, state, federal law or Fayetteville city ordinance. If an employee's actions are criminal, unconstitutional, or inappropriate or will harm the reputation of the Fayetteville Police Department or law enforcement as a whole, it is imperative the employee attempt to stop the act from occurring and report the matter to their supervisor immediately [CALEA 1.2.10]. A. Use of Deadly Force 1. An officer may use deadly force to protect him/her or others if he/she has reasonable belief of immediate threat of death or serious physical injury [CALEA 4.1.2]. 2. The use of deadly force shall be prohibited in the apprehension of misdemeanants, since the value of human life far outweighs the gravity of a misdemeanor offense. 3. Deadly force shall never be used on mere suspicion a crime, no matter how serious, was committed or the person being pursued committed the crime. An officer shall either have witnessed the crime or have sufficient information to know, as a virtual certainty, that the suspect committed an offense for which the use of deadly force is permissible. 4. Officers shall not be permitted to fire at felony suspects when the officer believes the suspect can be apprehended reasonably soon thereafter without the use of deadly force or when there is substantial danger to innocent bystanders. Although the requirement of using lesser force, when possible, is a legal rule, the other limitations are based on sound public policy. To risk the life of innocent persons for the purpose of apprehending a felon cannot be justified. 5. Officers shall not discharge a firearm at or from a moving vehicle, except as the ultimate measure of self-defense or defense of another person. [CALEA 4.1.1] 1.3.1 Use of Force Page 2 of 11 6. Officers shall identify themselves as law enforcement officers and give a verbal warning of their intent to use deadly force in situations where it is reasonable and/or appropriate. Officers shall consider their physical environment, distance, and/or other situational circumstances in determining if a verbal warning is reasonable. [CALEA 4.1.2]. 7. Officers shall not fire their weapons to kill, but rather to stop and incapacitate an assailant from completing a potentially deadly act. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer should shoot at "center body mass." 8. An officer may use deadly force to affect the capture or prevent the escape if the officer reasonably believes the suspect has committed a felony involving the use or threatened use of deadly force and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. 9. Officers shall not use any type of chokehold or stranglehold, except when deadly force is justified, and as the ultimate measure of self-defense or defense of another person [CALEA 4.1.6]. 10. In order to protect the community's interest when employees may have exceeded the scope of their authority in their actions or in their use of deadly force and to shield employees who have not exceeded the scope of their authority from possible confrontations with the community, employees whose actions or use of force in an official capacity results in death or serious physical injury shall be placed on mandatory leave with pay pending an Administrative Review of the circumstances by the Office of Professional Standards. This shall include all employees, is not limited to shootings, and will include incidents such as fatal or serious physical injury motor vehicle collisions involving employees [CALEA 4.2.3]. 11. The killing of an animal is justified by the following conditions: a. For self-defense, to prevent injury to an officer or another, or when the animal is so badly injured that humanity requires its relief from further suffering. b. The destruction of vicious animals should be guided by the same rules set forth for self-defense and safety of others. c. A Use of Force Report and memorandum to the officer's direct supervisor shall be completed when an animal is killed for the self-defense of officers or safety of others. d. A seriously wounded or injured animal may be euthanized upon approval from a supervisor, and only a Use of Force Report is required. e. The Central Dispatch Center will notify Animal Control when an officer euthanizes a seriously wounded or injured deer, and Animal Control will retrieve the deceased animal. B. Use of Physical Force and Less -Lethal Weapons All police officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less -lethal weapons. Officers will be issued copies of FPD policy 1.3.1 and will be instructed in this policy [CALEA 4.3.4]. Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations. It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in accordance with guidelines set forth in 1.3.1 Use of Force Page 3 of 11 FPD policy 1.3.4, and in accordance with guidelines established in this policy and the applicable general orders. [CALEA 4.3.4] All departmentally approved less -lethal devices are deployed as additional police tools and are not intended to replace firearms or self-defense techniques. Officers choosing to use these devices should not compromise their safety. C. De-escalation of Force [CALEA 4.1.1 ] De-escalation tactics and techniques are those actions undertaken by an officer(s) to avoid physical confrontations, unless immediately necessary to protect someone or to stop dangerous behavior, while minimizing the need to use force during an incident when the totality of the circumstances and time permit. De-escalation tactics and techniques are employed to increase the likelihood of voluntary compliance and cooperation. 1. When time and circumstances reasonably permit, an officer(s) shall consider whether a subject's lack of compliance is a deliberate attempt to resist or is the result of an inability to comply based on factors including, but not limited to: a. Medical conditions, b. Mental impairment, c. Developmental disability, d. Language barrier, e. Drug interaction, or f. Behavioral crisis. 2. An officer's awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident and which tactical options are the most appropriate to bring the situation to a safe resolution. An officer is not expected to engage in force de-escalation measures that could jeopardize the safety of the community or of any employee. 3. Officers need only select a level of force that is within the range of "objectively reasonable" options. Officers must rely on training, experience and an assessment of the situation to decide an appropriate level of force to be applied. Reasonable and sound judgement will dictate the force option to be employed. 4. Officers may either escalate or de-escalate the use of force as the situation progresses or as circumstances change. When a subject is under control, either through the application of physical restraint or the suspect's compliance, the degree of force shall be de-escalated accordingly. 5. Officers are required to provide appropriate medical aid as quickly as reasonably possible following any law enforcement action in which injuries have been sustained. This includes notifying the Central Dispatch Center (CDC) to alert Central Emergency Medical Services (CEMS) and the Fayetteville Fire Department when obvious severe injuries have occurred, medical distress is apparent, or the individual is unconscious [CALEA 4.1.5]. D. Firearms 1.3.1 Use of Force Page 4 of 11 1. All officers of the Fayetteville Police Department shall be issued individual copies of and receive instruction on the department's policy regarding use of deadly force prior to being issued a firearm [CALEA 4.3.4]. 2. Qualification with the issued primary handgun is an essential job function of a Fayetteville police officer. Failure to qualify may result in disciplinary action, up to and including termination of employment. Additionally, failure to qualify with any other department -approved firearms would prohibit that officer from being allowed to carry that particular firearm [CALEA 4.3.2]. An Arkansas Commission on Law Enforcement Standards and Training (CLEST) certified weapons instructor shall conduct training and qualification [CALEA 4.3.3 a.]. a. Officers shall qualify with the issued primary handgun four times each year, at least one of which will meet a CLEST approved Standard Qualification Course of Fire for one target [CALEA 4.3.3 b. and 4.1.2]. b. On all other qualification relays, officers shall qualify with a score equal to or better than the established standard set by the Chief of Police. c. Officers certified on the department approved secondary handgun, shotgun or rifle shall qualify annually on a CLEST approved course [CALEA 4.3.3 b.]. d. All firearms training and qualification scores, including remedial training if necessary, will be documented and maintained by the Training Division. The records will be maintained for the duration of an employee's employment, plus five years. [CALEA 4.3.3 b.]. (1) An officer who fails to qualify with his/her issued handgun(s), shotgun, or rifle after two consecutive attempts shall be referred for remedial training by a certified firearms instructor. (2) The firearms instructor providing the remedial training shall notify the officer's immediate supervisor and the Chief of Police in the event the officer is still unable to qualify at the conclusion of the extra training session. a) Upon notification an officer has failed to qualify with their issued primary handgun, the supervisor shall immediately relieve the unqualified officer of the issued primary handgun. The officer will be placed on restricted duty as determined by the Chief of Police or his/her designee. The unqualified officer will be directed to report to the Training Division the next working day for additional remedial training. The officer's authority to carry the primary handgun shall remain revoked until such time as the officer qualifies or the determination is made the officer is not responding to further training [CALEA 4.3.3 c.]. b) If an unqualified officer does not satisfactorily respond to remedial training and remains unqualified, the Chief of Police shall be notified in writing. c) Any officer who fails to qualify with their issued primary handgun and receives remedial training more than once during a calendar year shall be subject to disciplinary action. d) Upon notification an officer has failed to qualify with a secondary handgun, shotgun or rifle, the officer's authority to carry the firearm shall remain revoked until such time the officer qualifies. The Training Division shall schedule all additional remedial training and qualifications with department shotguns and rifles. It shall be the responsibility of the officer to schedule additional remedial training and qualifications with secondary handguns. 1.3.1 Use of Force Page 5 of 11 e. Officers shall attain and demonstrate knowledge of the laws concerning the use of firearms and be familiar with and recognize safe -handling procedures for the use of these weapons. £ Any officer returning to duty after an absence exceeding three months shall report to the Training Division for refresher training and a CLEST approved qualification prior to being permitted to return to full duty. E. Except for general maintenance, storage or authorized training, officers shall not draw or exhibit their firearms unless circumstances cause the officer to believe it may be necessary to lawfully use the weapon in conformance with other sections of this policy. F. Warning shots are strictly prohibited. [CALEA 4.1.3]. G. It shall be the policy of the Fayetteville Police Department to permit full-time sworn members of the department to possess and carry a concealed firearm while off -duty. Officers should also be aware that Federal Law, known as the Law Enforcement Officers Safety Act of 2004, provides certified law enforcement officers with the right to carry a concealed firearm in any jurisdiction of the United States. 1. Officers are not required to carry a firearm while off -duty but may do so at their option. 2. Officers exercising the option to carry a firearm while off -duty are authorized to carry their issued primary and/or secondary handgun(s). 3. Authorization for officers to carry a firearm while off -duty shall be subject to the following conditions: a. Officers will be required to have in their possession the department -issued badge and official identification card. b. Officers in plain clothes wearing their firearms exposed to the public view shall display their department badge near the firearm in a manner that is clearly visible to the public unless special circumstances exist. c. Officers who choose to carry a firearm other than one issued by the police department shall qualify to demonstrate proficiency in the use of that firearm with the Training Division on an annual basis at their own expense. H. Department -Issued Weapons and Ammunition: Reference may be made to FPD policy 41.3.5 for specifications of department -issued weapons and ammunition. 1. All department -issued firearms will be inspected on an annual basis by a certified armorer and must be approved by the armorer before being issued and/or carried [CALEA 4.3.1 c., d., e.]. a. The Training Division will maintain weapons inspections reports. b. Firearms determined to be unsafe or irreparable by certified weapons instructors or armorers shall immediately be removed from service with a report indicating such status [CALEA 4.3.1 d.]. c. For weapons in need of repair, a certified armorer will make the decision to repair the weapon or to send the weapon to the factory's certified repair center [CALEA 4.3.1 d.]. d. All weapon modifications and accessories such as sights, extended slide stops, tactical magazine release buttons, extended magazines and magazine extensions, flared magazine wells, aiming systems, suppressors, etc. must be approved by the chief of police. (1) Department certified armorers are the only employees authorized to make repairs or modifications to department -owned firearms and weapons. 1.3.1 Use of Force Page 6 of 11 (2) Armorers must hold a current certification for the specific firearm or weapon before making any modifications or repairs. e. The Training Division will maintain a record on all weapons in service to include inspection date(s) and maintenance [CALEA 4.3.1 1.3.9 e.]. 2. Officer Responsibility for Department -Issued Firearm [CALEA 4.3.1 f.]: a. Officers must take reasonable and adequate care of any firearm issued to them. b. Officers shall be responsible for reporting damaged or unsafe firearms to the on -duty supervisor who will ensure unsafe firearms are removed from service and the certified armorer is notified. Officers shall complete a memorandum documenting the damaged or unsafe firearm to his/her immediate supervisor to be forwarded through the chain of command, as well as to the certified armorer [CALEA 4.3.1 d.]. c. In the event a firearm is lost, damaged, destroyed or stolen, the officer may be subject to financial liability and/or dismissed if a preponderance of evidence establishes negligence or willful destruction or damage of the firearm by the officer. d. In the event a department -issued firearm is lost or stolen, the officer will immediately notify the shift supervisor who will in turn notify the Chief of Police. The supervisor will also notify local law enforcement authorities of the lost or stolen firearm and ensure it is entered into ACIC/NCIC. I. Discharge of Weapon: If an officer, on or off duty, fires a department -issued weapon while acting in his/her official capacity (except for training purposes such as range qualifications) or in the event of an accidental discharge, the officer shall comply with the following: 1. The officer who fired the weapon shall notify the shift supervisor as soon as practical after the firing has taken place. 2. The supervisor shall make a preliminary investigation each time an officer under his/her command fires a weapon. 3. The supervisor shall cause a report to be filed immediately with the Chief of Police regarding the firing of any weapon by police personnel [CALEA 4.2.1 a.]. 4. If during the performance of duty or on any occasion an officer fires a weapon and in doing so wounds or kills a suspect or perpetrator of a crime, the procedures in FPD policy 1.3.6 shall be followed immediately. 5. If the facts of the incident support a conclusion the shot was the result of negligence, the officer shall be required to undergo firearms certification training and may be subject to disciplinary action up to and including termination. J. The Fayetteville Police Department authorizes the following weapons and will govern proficiency requirements as follows for each weapon. Only agency personnel demonstrating proficiency in the use of agency -authorized weapons shall be approved to carry such weapons [CALEA 4.3.2]: 1. Each officer will be assigned and issued a primary handgun that will be either the Glock model 35 .40 caliber semi -automatic handgun or the Glock model 23 .40 caliber semi- automatic handgun [CALEA 4.3.1 a.]: a. Officers must meet the qualification standards for their issued handgun as previously stated in this policy [CALEA 4.3.3 b.]. 2. Officers who have completed the Field Training Officer Program are authorized to carry an issued Glock model 2-7 43 AO 9mm ealibe semi -automatic handgun as a secondary weapon [CALEA 4.3.1 a.]. a. Officers will be given an opportunity to request a secondary weapon annually. 1.3.1 Use of Force Page 7 of 11 b. Officers who request a secondary weapon must successfully complete training and qualification requirements. c. Officers who have an assigned secondary weapon are required to carry it while on - duty. (1) Officers are not required to carry secondary weapons while attending training classes. (2) ERT members will be exempted from this requirement during training and deployments. d. Officers issued this weapon will qualify annually on an approved qualification course [CALEA 4.3.3 b.]. e. Secondary weapons will only be carried in a department approved holster. f. Officers may elect to discontinue carrying a secondary weapon at any time and should immediately turn in the secondary weapon and holster to the Firearms Division. (1) Once a secondary weapon is relinquished, the officer is no longer authorized to carry a secondary weapon. 3. Fayetteville Poke Depaftment ■earryeffieers4 - r-aid operations and when _ arrest and sear -eh waffants [General • a. Fayetteville Poliee ■.paFtmen4 • eer-sass4th judieial ■ ■ Task Fey-ee ■ atieaffy. 3 i • • . i b. Fayetteville Poke Depaftment ■ eefsafea-tieaffyi • fellowing operations [General Or-der--34+-. ■. eey operations Fayetteville Pokee DepaFtment ■ annually on an approved "alifieation eotir-se . . i • eer-sareearfyissuei i • • . . a. Offieer-s will be given an OPP017PLIflit-Y tO i7equest a seeendmy weapon annually. These seeendafy weapon will be- issued the fellowing year- after- the affieer- sueeessfull requests wili be ineltided in budget r-equests, and if funding is approved, the b. nly offieer-s who have eenipleted the Field Training Pr-egram will be authofized • 1.3.1 Use of Force Page 8 of 11 0f4P-Pr_-Q_ issilied this weapon will qtialify annually on an approved qualifieation eeiffse should immediately tufn in the seeendafy weapon and helster- to the Fir-eafms Division. seeondar-y weapon. 5. Officers are authorized to carry an AR 4-5 type platform rifle capable of semi -automatic fire in caliber 5.56 min (.223 caliber) magazine fed. This rifle will be either- of the A2 type with fixed ean=y handle with ir-en sights only, of- the A3 fla4 top equipped with an x optic and/or sight systems approved by the Chief of Police. [CALEA 4.3.1 a.]: a. Officers selected to carry the AR 4-5 platform rifle must successfully complete a patrol rifle certification course approved by CLEST [CALEA 4.3.3 b.]. b. Officers certified on the AR 4-5 platform rifle must pass a CLEST approved patrol rifle qualification course using both types of sights annually [CALEA 4.3.3 b.]. 6. Officers are authorized to carry the Remington 11-87 gas operated semi -automatic 12- gauge shotguns. They will be either 14 inch barreled or 20 inch barreled. The Remington 870 12-gauge pump action shotgun using approved specialized ammunition may be deployed as determined by the ERT Team Commander [CALEA 4.3.1 a.]: a. Shotguns will be authorized for ERT members and for sworn officers. b. Officers selected to carry a shotgun must successfully complete a shotgun certification course approved by CLEST [CALEA 4.3.3 b.]. c. Officers certified on the shotgun must pass a CLEST approved shotgun qualification course annually [CALEA 4.3.3 b.]. 7. The Emergency Response Team (ERT) members are authorized to carry the FN SCAR 16 CQC rifle equipped with an flex optic and/or sight systems si-& approved by the Chief of Police and ee witness flip up iren sigh4s [CALEA 4.3.1 a.]: a. The FN SCAR 16 CQC rifle will be authorized for use by the ERT members, and the rifle shall also be carried by the ERT members while on duty. b. ERT members must have successfully completed an approved patrol rifle certification course approved by CLEST. c. ERT members must have successfully completed a select -fire rifle operator's certification course approved by CLEST [CALEA 4.3.3 b.]. d. ERT members must pass a CLEST approved select -fire rifle qualification course using both sights annually [CALEA 4.3.3 b.] 8. Precision rifles will be either- the Remington mode' inn LTR belt aetion .3 08-ealiber- 0r the Larue PredatOBR semi -automatic, gas operated, magazine fed .308 caliber rifle [CALEA 4.3.1 a.]: a. Precision rifles will be authorized for selected ERT members. b. Precision rifle operators must successfully complete a Sniper certification course approved by CLEST [CALEA 4.3.3 b.]. c. Precision rifle operators must pass a CLEST approved precision rifle qualification course annually [CALEA 4.3.3 b.]. 1.3.1 Use of Force Page 9 of 11 K. Requirements to Carry Firearms While on Duty 1. All department issued handguns must be carried in department approved holsters. a. All department approved holsters will be recorded on the Authorized Uniform and Equipment List. b. The Chief of Police can grant exceptions to this requirement. 2. Officers who are qualified and authorized to carry a department rifle and/or shotgun shall carry one of these firearms while working on a patrol shift in a marked vehicle. ERT members that are assigned a FN SCAR 16 CQC rifle must carry the rifle while on patrol duty. 3. A rifle and/or a shotgun in a marked vehicle shall be carried in an approved locking mechanism. 4. Officers shall document which rifle or shotgun was carried by completing the logbook that is located in the arsenal and noting it on their vehicle inspection form. Officers working special assignments, secondary employment, or officers working in non -uniform assignments are exempt from the requirement to carry a rifle or shotgun while on -duty. L. Storage of Department Firearms 1. Officers may choose to leave their issued handgun(s) in their locked lockers at the department. If officers choose to remove their issued handgun(s) from the department while off duty, it is recommended they be stored in a locked box, separate from the ammunition [CALEA 4.3.1 f.]. 2. Department rifles and shotguns shall be locked and stored in department approved arsenals, safes, or locked containers when not in use [CALEA 4.3.1 f.]. 3. The ERT rifles shall not be stored in a vehicle while the officer is off -duty except when traveling to and from work [CALEA 4.3.1 Q. 4. Other specialized firearms used by the ERT shall be stored in the ERT arsenal [CALEA 4.3.1 f.]. M. Use of Force Reports: The purpose of this section is to establish specific guidelines that define the situation when a Use of Force Report must be completed. Not every touching by an officer requires a report; circumstances that require a report are outlined in this section [CALEA 4.2.1]. 1. All officers are directed to complete a Use of Force Report when the following criteria are met and turn it in to his/her supervisor before the end of his/her shift. If an officer uses force while off duty, a use of Force Report must be completed as soon as possible. These situations require supervisor notification as soon as practical and the completion of a Use of Force Report (Exception: training, range activity, and other lawful and safe target practice) [CALEA 4.2.1 a, b, c, d.]: a. An officer exercising police authority uses force which causes death or any visible or apparent physical injury, or which results in the subject saying that he or she was injured; b. An officer exercising police authority uses any object including but not limited to a hand, fist, foot or intermediate weapon to strike a blow to a subject; c. An officer exercising police authority physically removes or drags a struggling subject from one place to another, or forcibly places or keeps a person in a prone position; d. An officer exercising police authority uses force during or after which a subject loses consciousness; 1.3.1 Use of Force Page 10 of 11 e. An officer uses any intermediate weapon or less lethal weapon against a person; (1) An officer who uses an intermediate or less lethal weapon to subdue an aggressive animal will only complete an Animal Force Report. f. An officer points a firearm or a conducted energy weapon (CEW) at anyone; g. An officer performs an "Arc Display" to gain control of a suspect or crowd; or h. Whenever there is an allegation that a police canine has bitten or otherwise injured an individual. Canine training scenarios are exempted from this reporting requirement. i. An officer exercising police authority discharges a firearm, regardless of duty status, during in a deadly force encounter. and regardless of whethef- the disehar-ge was aeeidental or- intentional. �Exeepti--- range aetivity and other- lawful and safe tar -get . ; (2) An officer who discharges his firearm must also complete a Firearms Discharge 2. Officers shall photograph and document any injury, or reported injury, on the Use of Force Report. 3. Use of Force Reports will be reviewed by the employee's supervisor to determine if the use of force was compliant with department policies and general orders. The supervisor will then submit the report to the department's administration [CALEA 4.2.2, 41.3.8]: a. A supervisor will conduct a documented review of camera captured data in the following circumstances: (1) Uses of Force that involve the use of less lethal weapons; or (2) Weaponless uses of force which result in a subject receiving medical treatment. b. Each Use of Force Report will be reviewed by the division's respective captain and by the Chief s designated head of Office of Professional Standards (OPS) [CALEA 4.2.2]. c. The designated head of OPS will conduct an annual analysis of all Use of Force Reports to the Chief of Police that includes: a. Date and time of incidents; b. Types of encounters resulting in use of force; c. Trends or patterns related to race, age, and gender of subjects involved; d. Trends or patterns resulting in injury to any person including employees; and e. Impact of findings on activities, policies, and practices, equipment and training. [CALEA 4.2.4 e.]. 1.3.1 Use of Force Page 11 of 11 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 22.3 Secondary Employment Effective Date: Yaly 1 &,-2423 Reference: Arkansas Statute 12-9-102 Version: -7 8 CALEA: 22.2.4, 22.2.5 No. Pages: 5 I. Purpose To establish guidelines for secondary employment by members of the Fayetteville Police Department (FPD). II. Policy It is the policy of the FPD to allow agency personnel to engage in approved secondary employment opportunities within the guidelines of this policy [CALEA 22.2.4 NT]. III. Definitions A. Extra -Duty Employment: secondary employment wherein the actual or potential use of law enforcement powers is anticipated. B. Off -Duty Employment: secondary employment wherein the actual or potential use of law enforcement powers is not anticipated. IV. Departmental Limitations A. Employees may not engage in employment that is a threat to the status and dignity of law enforcement as a professional occupation. Employment representing such a threat includes, but is not limited to [CALEA 22.2.4 NT]: 1. Employment at establishments that promote obscenity or pornography as defined by the Arkansas Criminal Code. 2. Any employment where the dispensing or consumption of alcoholic beverages is the primary function of the business. This prohibition does not include approval obtained by the Chief of Police for working special events where alcoholic beverage permits have been granted. 3. Any employment where gambling occurs as the main source of activity. This prohibition does not include civic fund-raising events where the proceeds are used to support legitimate charities or other nonprofit agencies. 4. Any employment where the employer is involved in a labor or civil rights dispute. 22.3 Secondary Employment Page 1 of 5 5. Any employment with individuals or companies of questionable business interest where there could be a decrease in trust and confidence from the public. 6. Any employment whereby the nature of such employment would interfere with the performance of official duties, jeopardize in any manner the impartial position of the department or create a liability concern that might involve the employee violating any procedure, ordinance or law. 7. Any employment that might present potential conflicts of interest for employees between the departmental duties and their duties for a secondary employer. 8. Any employment that creates a decrease in trust and confidence from the public. B. To be eligible for secondary employment, employees must be in good standing with the department. The employee's history of past performance shall be taken into consideration by the Chief of Police when determining eligibility. C. Employees must have completed the Field Training Program before being eligible to work extra -duty employment. D. Employees absent from duty, due to sickness, may not engage in secondary employment during the hours in which they were regularly scheduled to work. E. Employees on light duty status, extended sick leave (more than three consecutive days), worker's compensation, FMLA, administrative leave or suspension are not authorized to work any extra -duty employment without the written consent of the Chief of Police. F. Employees will not engage in any secondary employment that might affect the objectivity and independence of their judgment or conduct in performing their official duties and responsibilities. G. Work hours for all secondary employment must be scheduled in a way that does not conflict nor interfere with the employee's official performance of duty. Special consideration will not be given to scheduling of the employee's duty hours to accommodate secondary employment. H. All employees of the department engaged in secondary employment are subject to call out in case of emergency and will be expected to leave any other employment in such situations. I. Employees will not report to duty physically or mentally exhausted to the point where their performance is affected because of any secondary employment. J. Extra -duty employment is limited to within the corporate limits of the City of Fayetteville. Off -duty employment may be authorized outside the city limits. V. Guidelines 22.3 Secondary Employment Page 2 of 5 A. All employees must complete an annual review of FPD Policy 22.3 (Secondary Employment) and sign off on the requirements and expectations for participating in secondary employment. I C. The City of Fayetteville's insurance provider, the Arkansas Municipal League (AML) Defense Program, will not cover officers in suits or claims while working secondary employment (not on the city's payroll) unless the following conditions are met: 1. Written permission to engage in the secondary duty assignment must be approved by the Chief of Police or his/her designee. 2. The officer must comply with all city and departmental policies, state and federal laws, and remain under the exclusive managerial control of the city. 3. Written evidence must be provided that the incident in question was investigated by the city, the officer was acting under the color of law, and the officer was cleared of any misconduct, policy violations, and criminal wrongdoing. D. To meet the requirements of the AML Defense Program, the following criteria must be completed on all secondary employment (not on the city's payroll) assignments or requests for sworn employees: 1. The following iter- ,, must be eempleted en all se „a., y e ,.l,,.,,,, e the Spe6ial OpffatieHS PiViSiOfl. 2. A Requests or Approval Of Secondary Employment Outside Department form must be completed in the Laserfiche software, and sworn employees must sign the form, indicating they understand the expectation for the assignment. 3. The Request for Approval of Secondary Employment Outside Department form shall also contain the significant aspects of the secondary employment job the employee is seeking [CALEA 22.2.5 e.]. 4. The Request for Approval Of Secondary Employment Outside Department form will automatically be routed via Laserfiche to the Chief of Police or his/her designee [CALEA 22.2.5 a.]. 5. Within 72 hours, the sworn employee will receive an email through the Laserfiche software approving or denying the secondary employment request. 6. The Chief of Police, or his/her designee, will have final approval or disapproval authority for the requests of secondary employment. 7. Sworn employees are not authorized to work secondary employment assignments until the Chief of Police or his/her designee approves the secondary employment request, so sworn employees are strongly encouraged to submit these requests as early as possible. 22.3 Secondary Employment Page 3 of 5 8. On -going secondary employment requests must be resubmitted at the beginning of each calendar year. 9. A copy of all secondary employment forms will be routed in the Laserfiche software to the administrative assistant in the Administration Division for record retention. Records for secondary employment assignments shall be kept for a period of five years. [CALEA 22.2.5 d.] E. Non -sworn employees are required to submit an Outside Employment Request form through their chain of command to the Chief of Police or his/her designee and the City Attorney, in compliance with City of Fayetteville Policy and Procedure HR-15. 1. A Request for Approval of Secondary Employment Outside Department form must be completed in the Laserfiche software, and non -sworn employees must sign the form, indicating they understand the expectation for the assignment. 2. The Request for Approval of Secondary Employment Outside Department form shall also contain the significant aspects of the secondary employment job the employee is seeking. 3. The Request for Approval of Secondary Employment Outside Department form will automatically be routed via Laserfiche through the employee's chain of command to the Chief of Police or his/her designee and the City Attorney. 4. The Chief of Police, or his/her designee, will have final approval or disapproval authority for non -sworn employee requests of secondary employment. [CALEA 22.2.5 c.]. 5. Non -sworn employees are not authorized to work secondary employment assignments until the Chief of Police or his/her designee approves the Outside Employment Request. 6. On -going secondary employment assignments for non -sworn employees must be resubmitted at the beginning of each year. 7. The Dispatch Manager shall keep copies of all Outside Employment forms for the Central Dispatch Center employees. The administrative assistant in the Administration Division will keep the Outside Employment forms for all other non -sworn employees of the department. Records for secondary employment assignments for non -sworn employees shall be kept for a period of five years [CALEA 22.2.5 d.]. F. Once granted, approval for secondary employment can be revoked or annual renewal denied when, in the judgment of the employee's chain of command, the secondary employment becomes incompatible with departmental employment or adversely affects the employee's job performance or efficiency [CALEA 22.2.5 c.]. VI. Accountability A. All employees engaged in extra -duty employment, uniformed or plain clothes, shall abide by the Policies, Procedures and Rules of the Fayetteville Police Department [CALEA 22.2.5 b.]. B. Officers wearing his/her uniform off -duty are a representative of the department. As such, the member shall avoid non -police related job duties that would tend to detract from the professional image of the Fayetteville Police Department. 22.3 Secondary Employment Page 4 of 5 Officers must conduct themselves at all times in a manner consistent with public respect for the uniform of the department [CALEA 22.2.5 b.]. C. Arrests made while engaging in secondary employment, will be turned over to the on -duty patrol shift for transport. The extra -duty or off -duty officer shall complete all necessary and required reports detailing the facts of the case. D. All sworn personnel working secondary employment are required to take enforcement action, within the jurisdiction of the department, in an emergency. Under no circumstances shall an officer refuse a request due to being "off -duty" [CALEA 22.2.5 b.]. E. All sworn personnel who are working an approved secondary employment job and engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered "on -duty" and shall be compensated by the City of Fayetteville. F. The secondary employer will not be allowed to compensate sworn personnel for any time the employee was paid by the City of Fayetteville. It is the responsibility of the sworn employee to reconcile their work time through the City's timekeeping software and their secondary employer. 22.3 Secondary Employment Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 26.1.1 Disciplinary Matters &Award Procedures Effective Date: �.r„Ve 1 o 2n2n ffibe f ���o�--,Z�� Reference: 52.1.1, 1.3.1, 41.1.1, 26.1.2 Version: 5 6 CALEA: 1.2.10, 22.4.1, 26.1.4, 26.2.45 26.1.3 26.1.5 NT, 26.1.8 NT, 26.1.6 NT, and 26.1.2 NT No. Pages: 9 10 I. PURPOSE Effective discipline is a positive process when its perceived purpose is to train or develop by instruction. Among the programs having an impact on discipline in a law enforcement agency are selection, training, direction, supervision, and accountability. These elements are inter -dependent, and a weakness in any one is damaging to effective discipline. Many standards bearings on a disciplinary system are included in other chapters relating to selection, training, and direction. Therefore, the purpose of this directive is to focus on the accountability component of a disciplinary system [CALEA 26.1.4 a-.]. II. DISCUSSION It shall be the policy of the Fayetteville Police Department to follow and abide by the disciplinary policies and procedures in effect and addressed in the rules and regulations of the Civil Service Commission of the City of Fayetteville. An employee whose work becomes unsatisfactory should immediately be notified by his/her supervisor in what way the work is deficient and what must be done if work performance is to be judged satisfactory [CALEA 26.1.5 (NT)]. An employee who is suspended or did terminated for unsatisfactory performance of duties should normally have received three warnings: Supervisor Counseling - an oral warning from the employee's supervisor. The supervisor must record the dates of the discussions with the employee, the performance deficiencies discussed, and the corrective actions required. [CALEA 26.1.5 (NT) 26.1.4 b.]. The supervisor shall maintain this record for the duration of the employee's performance evaluation period [CALEA 26.1.8 (NT)]. Written Record of an Oral Warnin;- an oral warning with a follow-up letter to the employee that sets forth the points covered in their discussion. The Chief of Police shall have authorized a written record of an oral warning. The supervisor shall keep a record of a written record of an oral warning. The supervisor should maintain this record for the duration of the employee's performance evaluation period [CALEA 26.1.8 (NT)]. Written Reprimand - a written warning from the Chief of Police (or in the Chief of Police's absence, by the Deputy Chief of Police) serving notice upon the employee that noted deficiencies must be corrected immediately in order to avoid further disciplinary action up to and including dismissal termination. A written reprimand shall be placed in the employee's personnel file [CALEA 26.1.8 (NT)]. 26.1.1 Disciplinary Matters & Award Procedures Page 1 of 10 An employee who is suspended without pay or wed terminated for unsatisfactory performance of duties or violations of policy shall receive a letter from the Chief of Police (or in the Chief of Police's absence, by the Deputy Chief of Police) outlining the noted performance deficiencies or policy violations and effective date of suspension or dismissal termination. A copy of this letter shall be placed in the employee's personnel record [CALEA 26.1.4 c. and 26.1.8 (NT)]. A sworn employee so discharged, reduced in rank, or suspended for twenty-four hours or more shall have the right, within ten calendar days from the date of such written notice, to request a trial through the Civil Service Commission. Sworn employees should reference the Civil Service Rules and Regulations for procedures to request a trial [CALEA 26.1.6 (NT)]. Any sworn employee can request a grievance hearing to review a suspension of less than twenty- four hours by submitting a written explanation to the Civil Service Commission within ten calendar days of receiving such disciplinary action stating why such discipline was unwarranted or otherwise improper. Sworn employees should reference the Civil Service Rules and Regulations for procedures to request a grievance hearing [CALEA 22.4.1 a., b., c.]. The Administrative Services Captain should maintain departmental employees' administrative files. It should contain any letters of commendation or appreciation, administrative letters and replies, results of sustained punitive disciplinary action (written reprimand, suspension, demotion, and termination), as well as other pertinent information. Information in this file will be maintained indefinitely. All official personnel files are maintained by the City of Fayetteville's Human Resources Divisien Department [CALEA 26.1.8 (NT)]. It is suggested immediate supervisors maintain an employee performance/counseling file for each person under their supervision. This file might contain oral warnings during the current evaluation period, letters of job -related counseling sessions, copies of correspondence between the employee and supervisor, complementary correspondence, and other similar information regarding the performance of the employee. T* ;s suggest a This material must be kept in a secured location by the immediate supervisor. This information should be purged after one year and after being noted on the employee's performance evaluation [CALEA 26.1.8 (NT)]. Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted under Civil Service Commission Rules and the Arkansas Code. A. Compliance with Department Directives Supervisors are expected to set a proper example to their subordinates in the matter of due respect and regard for the policies, procedures, and rules in all matters pertaining to proper discipline. 1. The primary function of a supervisor is to maintain the day-to-day activities of police operations. Compliance with department directives is an integral part of those operations. Supervisors are authorized to take action when department directives are not being followed [CALEA 26.1.5 (NT)]: a. A supervisor may elect to coach an employee whose performance has been found to be deficient [CALEA 26.1.4. b.]. b. A supervisor, after approval from his or her division captain, may refer an employee to the Training Division or designated supervisor to correct deficient performance [CALEA 26.1.4 a.]. 26.1.1 Disciplinary Matters & Award Procedures Page 2 of 10 c. A supervisor may document deficient performance and refer it to the Chief of Police in the form of an official complaint. d. In cases of a major infraction of policy or department directive, a supervisor may relieve an employee of duties, with pay, and refer the matter to the Chief of Police [CALEA 26.1.4 c.]. 2. In case(s) of alleged unjust treatment in violation of these policies, procedures, and rules, any employee may make a complaint against a supervisor. When any employee suspects a violation of these policies, procedures, and rules has occurred, they are to notify the Chief of Police for investigation and may request results of the findings. Reporting a suspected violation confidentially is not a violation of the policies, procedures, and rules. B. Infractions Sufficient for Termination from the Department The following acts, infractions, or violations of the policies, procedures, and rules s may be deemed sufficient cause for mien termination from the department. This list is not exhaustive, and other actions may also lead to termination. a. Violate any federal, state or local law. b. Unbecoming Conduct. c. Negligence. d. Willful bedienee of 4awffil erWillful failure to obey any lawful and reasonable direction given by a superior having authority to give such direction. e. Dis-espeetor-insolence toward a o ffieer r Being disrespectful or discourteous in manner, action, or attitude toward superiors, fellow employees, or private citizens while on duty. f. Being under the influence at any level of intoxicants, or illegal drugs, including abuse of prescription drugs while on duty. g. Absence without leave - Absence without leave is defined as any time a department member is scheduled for work and fails to report for duty without first notifying a supervisor prior to the start of the scheduled shift. h. Incompetence - May be demonstrated by: (1) Failing to meet performance standards or essential job duties/requirements, with or without reasonable accommodation; (2) Demonstrating insufficient skills or knowledge necessary to perform duties despite training or opportunity to improve; or (3) Failure to improve performance after adequate training. i. Driving any machine or apparatus of the department carelessly or maliciously, in such a manner as to collide with, cause personal injury, damage a vehicle or other property, or any other wanton or malicious conduct, which causes injury or damage to a citizen or property. j. Neglect or refusal to pay just debts. k. Agitating or creating dissension in the department or attempting in any manner to cause ill feeling against any member of the department. 1. Making any false or unwarranted report, either publicly or otherwise, about a member of this department. in. Dishonesty at any time when representing this department. n. Lack of Candor when questioned by a department supervisor or during any Office of Professional Standards investigation. 26.1.1 Disciplinary Matters & Award Procedures Page 3 of 10 o. Failure to Intervene -Employees have a duty to prevent or stop misconduct by another employee when it is appropriate and reasonable to do so [CALEA 1.2.10]. p. Duty to Report -Employees have a duty to report any misconduct which they become aware of and shall notify a supervisor as soon as possible [CALEA 1.2.10]. C. Accountability and Responsibility 1. All employees when reporting for duty shall be completely attired in the regulation uniform or dress attire as prescribed by the Chief of Police (FPD Policy 41.3.5 Grooming and Uniform Requirements). Failure to do so may subject the member to disciplinary action. 2. It shall be the policy of the Fayetteville Police Department that all personnel maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Personnel shall perform their duties in a manner which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by, but not limited to: a. Lack of Knowledge: Insufficient understanding of the application of laws and ordinances required to be enforced. b. Inability to Perform Tasks: Unwillingness or inability to perform assigned tasks. c. Failure to take Appropriate Action: Inadequate response to crimes, disorders, or other conditions deserving police attention. d. Negligence: Inadequate performance of duties or inattention which resulted in damage or harm to individuals, property, or the public. e. Absence without leave: Being absent from duty without proper authorization. f. Repeated Infractions: A documented history of repeated infractions of policies, procedures, rules, directives, or general orders of the department. D. Professional Conduct Employees should be governed by ordinary rules of good behavior observed by law-abiding and self-respecting citizens. 1. Conduct toward fellow employees: a. Employees shall conduct themselves in a manner that fosters cooperation among members of this department, showing courtesy, consideration, and dignity in their interactions with one another. b. Employees shall not use language or engage in acts that demean, harass, bully, or intimidate others. (See FPD 26.1.2 Harassment and Discrimination in the Workplace) c. Employees shall not engage in physical altercations between themselves under any circumstances. 26.1.1 Disciplinary Matters & Award Procedures Page 4 of 10 d. The use of obscene, immoral, profane or disrespectful language or attempts to cause undue or unfavorable reflection(s) upon any member of the department will not be tolerated. e. Employees shall not use any idle, indiscreet, disrespectful or discriminatory remark(s) or rudeness or any greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of this agency while at work [CALEA 26.1.3]. 2. Conduct toward the public: a. Employees shall treat individuals with courtesy, consideration, and dignity. b. Employees shall not employ an overbearing attitude or use language that might belittle, ridicule, or intimidate individuals. c. Employees shall not use any idle, indiscreet, disrespectful or discriminatory remark(s) or rudeness or any greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of the opposite sex. public while at work. 3. Unbecoming Conduct: Employees will conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the department. Unprofessional conduct and irresponsibility will include that which brings the department into direct disrepute, publicly or amongst its employees, or reflects direct discredit upon the employee, or impairs the operation or efficiency of the department or employee. Misrepresentation by an employee of his/her identity, occupation, status or involvement in illegal activity when such misrepresentation is authorized by a supervisor and done in furtherance of and pursuant to an authorized law enforcement operation shall not be deemed a violation of this directive. E. Relationships in the Workplace a. All supervisors are strictly prohibited from dating any employee they supervise and/or who is within their chain of command. b. Co-workers who do not manage and/or supervise each other may continue in the dating relationship but must inform their direct supervisor and the Chief of Police of the relationship. The Chief of Police may consult with the Director of Human Resources if there is any concern regarding the existence of the relationship. c. Employees who fail to inform their supervisor and the Chief of Police of their dating and/or physical relationship will be subject to disciplinary action up to and including termination. D. Use of Alcohol & Drugs 1. No employee shall possess or consume alcoholic beverages while on duty or at the police department. Possession is authorized when directly related to a case or as an evidence item. 26.1.1 Disciplinary Matters & Award Procedures Page 5 of 10 2. Employees are prohibited from reporting to work with a blood alcohol content (BAC) level higher than .000. 3. Employees are prohibited from using or possessing illegal drugs. Possession is authorized when directly related to a case or as an evidence item. 4. No employee shall be absent or sick from scheduled duty due to the use of alcoholic beverages, illegal drugs, or abuse of prescription drugs. 5. Failure to submit to a supervisor ordered blood or alcohol test shall result in a disciplinary action up to and including termination. 6. When deemed operationally necessary, officers in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs. E. Abuse of Authority 1. No officer shall receive or collect any fine or fines for parking tickets, other traffic violations, or any other offenses whatsoever. Members shall courteously advise citizens that all fines are payable at the Fayetteville District Court. 2. No employee shall directly or indirectly, except by permission of the Chief of Police, sell tickets, solicit any money, circulate any petitions, subscriptions, or allow the use of the department's name for any fair, exhibition, benefit, or similar project. In deciding whether to grant such permission, the Chief of Police shall not discriminate against any officer of the department. Such permission may be granted if the activity will not adversely affect the administration or management of the department or decrease the trust or confidence of the public. 3. Employees shall not create a conflict of interest by taking, soliciting, retaining, receiving or extorting any fees, property, rewards, gifts, compensation, or thing of value or free service in any form from any person, firm, or corporation for any services rendered in the conduct or performance of the duties as a police officer. However, the police department does recognize there are occasions when members of the public want to make a kind gesture toward a member of the department and expects nothing in return. Employees may not accept gifts, money, discounts, or favors, other than those of nominal value. "Nominal Value" means items with a valueless than $100.00. The acceptance of any currency or prepaid stored value money card of any value must be approved by the Chief of Police or his or her designee. 4. It shall be the policy of the Fayetteville Police Department that its employee shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). F. Use of Force 1. Refer to FPD Policy 1.3.1 (Use of Force). 26.1.1 Disciplinary Matters & Award Procedures Page 6 of 10 G. Proper Care & Maintenance of Equipment 1. Employees shall not loan any department equipment or tools, except on permission of the Chief of Police or other supervisor. 2. The reporting procedures for damaged, lost or stolen department issued equipment: a. Each employee is responsible for maintaining and keeping track of his or her department issued equipment. b. Damaged, lost or stolen equipment shall be reported to the employee's immediate supervisor in a memorandum. The document shall be forwarded through the employee's chain of command to the Chief of Police. c. The " a., mist,..,., Office of Professional Standards/Development Lieutenant will track damaged, lost, or stolen department issued equipment. d. A case report may be required if the lost or stolen item is law enforcement sensitive or could create a security risk. H. Employee Awards/Commendations [CALEA 26.1.2 (NT)] 1. Commendation procedures shall be made available to the community through the Public Information Officer/Community-Oriented Policing Division Unit and disseminated to all employees annually [CALEA 26.2.4]. 2. It shall be the policy of this department to recognize heroic actions, meritorious service and significant achievements under the provisions of this policy. Facilitation of awards will be made through the Awards Committee. The Awards Committee will be comprised of departmental Captains, as permanent members, and departmental employees as appointed by the Chief of Police. Nominations to the Awards Committee will be received by way of the departmental award application form. The Awards Committee will review all applications and make recommendations to the Chief of Police who has final authority on awards. Awards will be presented at a time designated by the Chief of Police. 3. Classification of Awards a. Chief s Award of Valor: Nominated by the Chief of Police, awarded for an act of extraordinary bravery or heroism by an employee who has demonstrated in great degree the characteristics of selflessness, personal courage and devotion to duty. b. Exceptional Duty Award: Nominated by departmental supervisors, awarded for exceptional performance, which, in the opinion of the supervisor, is deserving of recognition. c. Life Saving Award: Nominated by any employee of the department, awarded for a successful effort in saving a human life which involved exceptional courage or performance. 26.1.1 Disciplinary Matters & Award Procedures Page 7 of 10 d. Unit Meritorious Performance Award: Nominated by any employee, awarded to any individual or unit (sworn or civilian) who has exhibited exceptional professional skill and conduct during a coordinated action. e. Fayetteville Police Department Commendation: Nominated by any employee, awarded to any employee for an outstanding act or achievement, which brings great credit to the department and involves performance above and beyond that required by the individual's basic assignment. f. Community Service Award: Nominated by any employee, awarded to any employee for involvement both on and off duty in youth activities, work with non-profit organizations, working with the police department on special projects or other activities for the public good. g. Outstanding Citizen Award: Nominated by any employee, awarded to a citizen/member of the community who helps the department in apprehension of criminals or any other significant manner. h. Police Blue Star Award: Nominated by the Awards Committee, awarded to any sworn employee who has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those incidents resulting from attack by an assailant, personal combat or the performance of an act of valor. i. Police Blue Shield Award: Nominated by the Awards Committee, awarded to any sworn employee who, as a result of accidental cause, has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those cases resulting from an accident. j. Letters of Commendation: A letter of commendation may be written by the Chief of Police to any employee for job performance that might not meet the criteria for the above listed awards, but merits recognition nonetheless. Any person may recommend an employee of this department receive a letter of commendation by submitting a memorandum to the Chief of Police. A letter of commendation may be given: (1) To commend an employee for completing a job task in an exemplary manner. (2) To commend an employee for submitting a recommendation which directly contributes to increased department productivity or efficiency. (3) For any other reason deemed appropriate by the Chief of Police. k. Certificate of Recognition: Nominated by departmental supervisors, this award is presented to one officer on each patrol shift, recognizing the highest level of over-all performance on his/her given shift. These officers have excelled above the normal course of daily duties. 1. Dispatcher Distinguished Service Award: Nominated by departmental supervisors, this award is presented to any dispatcher for exceptional performance, which, in the opinion of the supervisor, is deserving of recognition. in. Special Commendation: Nominated by any employee, an award presented to any sworn or civilian member who through his or her efforts has made a significant impact on public safety or crime prevention. 26.1.1 Disciplinary Matters & Award Procedures Page 8 of 10 n. Police Officer of the Year (Patrol Officer): Nominated by any employee, this officer must have shown him or herself to have exceeded the duty requirements of his/her position, exemplified the values of professionalism and dedication, demonstrated a distinct pattern of community service, and proven his/her personal dedication to serve and protect the community. This award is presented to any police officer who has performed outstanding service as a police officer, over and above what is required as part of that officer's normal duties and functions: (1) Considerations for this award: (a) To what extent has the officer positively influenced the public's perception or confidence in the police department? (b) To what extent has the officer been involved in acts of compassion, humanity or support for individuals? (c) To what extent has the officer demonstrated exceptional devotion to a particular police activity or duty? (d) To what extent has the officer demonstrated excellence in a particular policing role or task? o. Police Officer of the Year (Specialized Division): Nominated by any employee, this officer must have shown him or herself to have exceeded the duty requirements of his/her position, exemplified the values of professionalism and dedication, demonstrated a distinct pattern of community service, and proven his/her personal dedication to serve and protect the community. This award is presented to any police officer who has performed outstanding service as a police officer, over and above what is required as part of that officer's normal duties and functions: (1) Considerations for this award: (a) To what extent has the officer positively influenced the public's perception or confidence in the police department? (b) To what extent has the officer been involved in acts of compassion, humanity or support for individuals? (c) To what extent has the officer demonstrated exceptional devotion to a particular police activity or duty? (d) To what extent has the officer demonstrated excellence in a particular policing role or task? p. Civilian Employee of the Year: Nominated by any employee, this award is presented to any civilian employee for recognizing performance for extra duties beyond those normally assigned: (1) Considerations for this award: (a) Performing other roles when the department is short-staffed; developing new work methods that reduce waste or stretch resources; (b) Making creative suggestions that save the department time/money; provides services to others that are beyond the assigned responsibilities; (c) Documented consistently outstanding job performance and completing duties in an outstanding manner, setting an example of achievement for others to follow; 26.1.1 Disciplinary Matters & Award Procedures Page 9 of 10 (d) Demonstrated leadership in performing duties that resulted in improved productivity of the unit, including customer focus, promoting teamwork, and commitment to achieving excellence; (e) Demonstrates significant contributions to the community or charitable volunteer organizations; exemplifies the Fayetteville Police Department values of, "Honor, Respect, Professionalism, and Integrity." q. Dispatcher of the Year: Nominated by any employee, this dispatcher has shown to have exceeded requirements of the position, exemplified the values of professionalism and dedication, and demonstrated excellent customer service to the community. This award is presented to any dispatcher who has performed outstanding service, over and above what is required as part of the dispatcher's normal duties and functions: (1) Considerations for this award: (a) To what extent has the dispatcher positively influenced the public's perception or confidence in the police department? (b) This dispatcher has demonstrated the knowledge to get the job done, and the drive to produce the best work possible. This recipient is recognized for consistently going the extra mile in serving the public, officers and other co- workers. (c) This dispatcher demonstrates resourcefulness and enthusiasm in accomplishing the work necessary to perform this job. The recipient has shown excellence in their quality of service, and work ethic. (d) This dispatcher shows a remarkable ability to deal with challenging situations and critical incidents. (e) This dispatcher has demonstrated leadership in performance of duties and promotes teamwork and commitment to excellence. 26.1.1 Disciplinary Matters & Award Procedures Page 10 of 10 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PR O CED URES, AND R ULES Subject: 41.2.8 Vehicular Pursuit Effective Date: Mar -oh 28, 2023 Reference: Version: -7-8 CALEA: 41.2.2, 41.2.3 No. Pages: -7-8 I. PURPOSE The purpose of this policy is to state the guidelines to be followed during vehicular pursuits. (Note: In instances where there is no Field Supervisor on -duty, the wording "Shift Supervisor" applies throughout this policy.) II. POLICY Vehicular pursuit of fleeing suspects presents a danger to the lives of the public, officers, and suspects involved in the pursuit. It is the policy of this department to protect all persons' lives to the extent possible when enforcing the law. In addition, it is the responsibility of the department to assist officers in the safe performance of their duties. To effect these obligations, it shall be the policy of the department to narrowly regulate the manner in which vehicular pursuit is undertaken and performed. The professional, well -trained, and well -disciplined officer is aware that the decision to terminate a pursuit is determined under those circumstances in which the most intelligent and professional course of action would probably result in saving the life of a citizen or fellow officer. Any officer's or supervisor's decision not to pursue or to terminate a pursuit will not be used or considered in discipline [CALEA 41.2.2 i.]. III. DEFINITIONS A. Vehicular Pursuit: For the purposes of this policy, pursuit is defined as an active attempt by an officer operating a city vehicle while attempting to apprehend the occupant(s) of another moving vehicle, when the driver of a fleeing vehicle is aware of the attempt and is resisting apprehension by increasing his or her speed or disobeying traffic laws. 1. Following a vehicle that is being operated legally, but ignoring the law enforcement officer's attempt to stop them, does not constitute a pursuit. 2. Sworn employees shall be given a reasonable amount of time in order to catch up to a vehicle in a safe and prudent manner to conduct a traffic stop, make a determination if the violator is going to stop and assess if a vehicle pursuit is warranted. 41.2.8 Vehicular Pursuit Page 1 of 7 B. Supervisor/Field Supervisor: For the purposes of this policy, Supervisor/Field Supervisor excludes the rank of Corporal. C. Termination of Pursuit: a pursuit is considered terminated when an employee deactivates all the patrol vehicle's emergency equipment, notifies or acknowledges to the Central Dispatch Center of the termination of the pursuit and starts obeying all traffic laws. IV. PROCEDURES A. Initiation of Pursuit [CALEA 41.2.2 a.] 1. Any law enforcement officer in an authorized emergency vehicle may initiate a vehicular pursuit only when ALL of the following criteria are met: a. The decision to initiate pursuit must be based on the pursuing officer's conclusion that the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large; b. When an officer reasonably believes the fleeing suspect has committed a serious felony. For the purposes of this policy, a serious felony shall be restricted to the following offenses: Murder, Robbery, Burglary, Kidnapping, Rape, Aggravated Assault, Battery 1 st Degree, Battery 2nd Degree, Felony Domestic Cases, and any other felony offense which involves the use or threat of physical force or violence against another person. Facts gathered after initiation of a pursuit will not be considered part of the justification to initiate a pursuit CALEA 41.2.2 b.]; 1) Supervisors can give authorization to pursue for other criteria if there is immediate or potential danger to the public should the suspect remain at large [CALEA 41.2.2 b.]. c. The suspect operating the vehicle refused to stop at the direction of the officer; d. The officer's unit is not occupied by a prisoner, suspect, complainant, witness, civilian observer, or any person not a law enforcement officer; and e. The officer intending to pursue is equipped with a marked patrol unit. Exceptions to this will only occur with supervisory approval and should be limited to special circumstances. 2. The pursuing officer shall have considered and come to the conclusion that the following factors would not increase the danger to the lives of the public, officers, or suspects involved in or affected by the pursuit: a. The performance capabilities of the pursuit vehicle; b. The condition of the road surface upon which the pursuit is being conducted; c. The amount of vehicular and pedestrian traffic in the area; d. Weather conditions; and e. The officer's own driving skills and knowledge of the roadway. (The officer should know his or her driving abilities and limitations and should not exceed them.) B. Pursuit Officer Responsibilities [CALEA 41.2.2 c.] 1. The pursuing officer shall immediately notify communications center personnel that a pursuit is underway by using signal 27 or simply stating he or she is in a vehicle 41.2.8 Vehicular Pursuit Page 2 of 7 pursuit. The officer shall provide communications personnel with the following information within a reasonable amount of time from the onset of the pursuit: a. Unit identification; b. Location, approximate speed and direction of travel of the fleeing vehicle; c. Description and license plate number, if known, of the fleeing vehicle; d. Number of occupants in the fleeing vehicle and descriptions, where possible; e. Reasons supporting the decision to pursue, and; f. Updates to location and direction of travel as the pursuit continues. 2. Failure to provide this information in a timely manner to communications personnel may result in an immediate decision by a field supervisor assigned to monitor the pursuit to order its termination. 3. The primary pursuit unit shall reduce the level of pursuit to that of support, backup, or other assignments as directed by a supervisor when another vehicle has been assigned primary pursuit responsibility. 4. The secondary pursuit unit, when available, shall notify communications center personnel of his or her status in the pursuit and may take over primary communication responsibilities of the pursuit [CALEA 43.1.1 d.]. 5. Any primary or backup unit sustaining damage or failure of essential vehicular equipment during pursuit shall not be permitted to continue in the pursuit. The unit shall notify communications so that another unit may be assigned to the pursuit. A unit shall terminate pursuit at any time it appears that a defect has developed in the police vehicle, which would in any way affect the safe operation of that vehicle, including loss of any emergency equipment. C. Communications Center Responsibilities [CALEA 41.2.2 f.] 1. Upon notification that a pursuit is in progress, communications personnel shall immediately advise a field supervisor of essential information regarding the pursuit. 2. Communications personnel shall carry out the following activities and responsibilities during the pursuit within a reasonable amount of time: a. Receive and record all incoming information on the pursuit and the pursued vehicle; b. Control all radio communications and clear the radio channels of all non - emergency calls; c. Obtain criminal record and vehicle checks of the suspects when information is available; d. Coordinate and dispatch backup assistance under the direction of the field supervisor; and e. Notify neighboring jurisdictions, where practical, when pursuit may extend into their locality. D. Field Supervisor Responsibilities during Vehicular Pursuit [CALEA 41.2.2 g.] 41.2.8 Vehicular Pursuit Page 3 of 7 1. Upon notification that a vehicular pursuit incident is in progress, the field supervisor shall assume responsibility for the monitoring and control of the pursuit as it progresses. 2. The field supervisor shall continuously review the incoming data to determine whether the pursuit should be continued or terminated. The field supervisor shall permit a pursuit to continue only if all criteria required to initiate the pursuit continues to be met. The field supervisor shall order the termination of a pursuit for any of the following circumstances: a. Anytime the supervisor concludes that the danger to the pursuing officers or the public outweighs the necessity for immediate apprehension of the suspect; b. When the suspect's identity is established to the point where later apprehension may be accomplished and when there is no immediate threat to public safety; c. When officers lose all radio communications with: Fayetteville Dispatch, Washington County Dispatch or the Field Supervisor; d. When a vehicular pursuit becomes prolonged in recognition of the increased risk associated with the overall population density and volume of vehicular traffic in Fayetteville, unless the supervisor determines that further pursuit is justified to respond to an immediate threat to public safety; e. Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect; f. The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile; g. The fleeing vehicle travels the wrong direction on any freeway, freeway frontage road, or divided highway; or h. For any other reason a supervisor deems necessary. 4. In controlling the pursuit incident, the field supervisor shall be responsible for coordination of the pursuit as follows [CALEA 41.2.2 d.]: a. Directing pursuit vehicles into or out of the pursuit; b. Re -designation of primary, support, or other backup vehicle responsibilities; c. Approval or disapproval, and coordination of pursuit tactics; and d. Approval or disapproval to leave jurisdiction to continue pursuit. The field supervisor may approve and assign additional backup vehicles to assist the primary and backup pursuit vehicles based on an analysis of [CALEA 41.2.2 d.]: a. The nature of the offense for which pursuit was initiated; b. The number of suspects and any known propensity for violence; c. The number of officers in the pursuit vehicles; d. Any damage or injuries to the assigned primary or backup vehicles or officers; e. The number of officers necessary to make an arrest at the conclusion of the pursuit; and f. Any other clear and articulated facts that would warrant the increased hazards caused by numerous pursuit vehicles. E. Traffic Regulations during Pursuit 41.2.8 Vehicular Pursuit Page 4 of 7 1. Each unit authorized to engage in vehicular pursuit shall be required to activate headlights and all emergency vehicle equipment prior to beginning pursuit [CALEA 41.2.2 e.]. 2. Officers engaged in pursuit shall at all times drive in a manner exercising reasonable care for the safety of themselves and all other persons and property within the pursuit area. 3. Officers are permitted to suspend conformance with normal traffic regulations during pursuit as long as reasonable care is used when driving in a manner not otherwise permitted and is reasonably necessary to gain control of the suspect. F. Pursuit Tactics 1. Unless expressly authorized by a field supervisor, a pursuit will involve no more than three units to include the primary unit, a back-up unit, and a supervisor [CALEA 41.2.2 d.]. Officers are not otherwise permitted to join the pursuit team or follow the pursuit on parallel streets. However, officers are permitted to attempt to terminate the pursuit with deployment of a department approved tire deflation device [CALEA 41.2.3 a.]. 2. Officers may not intentionally use their vehicle to bump or ram the suspect's vehicle, unless "Deadly Force" is justified [CALEA 41.2.3 a.]. 3. Departmental policy pertaining to use of deadly force shall be adhered to during the pursuit. 4. Boxing in a suspect's vehicle or heading off a suspect's moving vehicle is unauthorized [CALEA 41.2.3 a.]. 5. Roadblocks are unauthorized [CALEA 41.2.3 a.]. 6. K-9 units and motorcycles are prohibited from initiating, engaging in and/or following vehicle pursuits unless authorized by a supervisor [CALEA 41.2.2 e.]. G. Termination of Pursuit [CALEA 41.2.2 h.] 1. A decision to terminate pursuit may be the most rational means of preserving the lives and property of both the public and the officers and suspects engaged in pursuit. The pursuing officer, the field supervisor, or any higher -ranking supervisor to the field supervisor may terminate the pursuit. 2. The pursuit shall be immediately terminated in any of the following circumstances: a. When the officer concludes that the danger to the pursuing officer(s) or the public outweighs the necessity for immediate apprehension of the suspect; 41.2.8 Vehicular Pursuit Page 5 of 7 b. If the suspect's identity or probable identity is established to the point where later apprehension may be accomplished and where there is no immediate threat to the safety of the public or police officers; c. When officers lose all communications with: Fayetteville Dispatch, Washington County Dispatch or the Field Supervisor; d. When a vehicular pursuit becomes prolonged in recognition of the increased risk associated with the overall population density and volume of vehicular traffic in Fayetteville, unless the supervisor determines that further pursuit is justified to respond to an immediate threat to public safety; e. Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect; f. The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile; g. The fleeing vehicle travels the wrong direction on any freeway, freeway frontage road, or divided highway; or h. For any other reason a supervisor deems necessary. 3. The pursuing officer shall relay suspect information to communications personnel along with any further information acquired which may assist in an arrest at a later date. H. Inter jurisdictional Pursuits [CALEA 41.2.2 j.] 1. Pursuits Originated by Fayetteville Police Department a. The pursuing officer shall notify communications when it is likely that a pursuit will continue into a neighboring jurisdiction or across the state line. b. Regarding our pursuits entering other jurisdictions, our units will maintain their pursuit positions in their efforts to bring the pursuit to conclusion. c. Pursuit into a bordering state shall conform to the department's inter jurisdictional pursuit agreement, if existent, and state law. 2. Pursuits Originated by Other Agencies a. Since it is almost impossible to know all circumstances surrounding another agency's decision to pursue, or the charges pending against the pursued driver in the short period of time we are notified of the pursuit, Fayetteville Police units will assume a backup role in pursuits conducted through our jurisdiction by other law enforcement agencies. b. Pursuits by other agencies through our jurisdiction terminate for Fayetteville Police Officers at the city limits, unless specifically authorized by a supervisor to proceed outside of our jurisdiction. c. If another agency specifically requests our assistance in their pursuit, the dispatcher will attempt to get all of the known information and charges pending against the driver. d. Once the field supervisor is informed of the specific charges by communications, an immediate decision shall be made by the field supervisor on the continuation of the pursuit by Fayetteville Police units outside our jurisdiction. In any event, as other jurisdictions join the pursuit to assist the originating agency, Fayetteville Police units shall cease their participation. 41.2.8 Vehicular Pursuit Page 6 of 7 I. Reporting Procedures 1. Documented training for newly hired sworn employees on the FPD's pursuit policy [CALEA 41.2.2 m.] 2. Officers involved in a pursuit or involved in the deployment of a tire deflation device are required to complete a report. 3. The field supervisor shall prepare a comprehensive review of the pursuit and forward through the chain of command to the Deputy Chief for review [CALEA 41.2.2 k.] [CALEA 41.2.3 e.]. 4. The Office of Professional Standards/Development Lieutenant will be responsible for maintaining pursuit records and for retaining records according to the retention schedule. The Office of Professional Standards/Development Lieutenant is responsible for conducting a documented annual analysis of pursuit reports [CALEA 41.2.21.]. 5. The Office of Professional Standards/Development Lieutenant will be responsible for conducting an annual review of pursuit policies and reporting procedures [CALEA 41.2.2 n.]. 41.2.8 Vehicular Pursuit Page 7 of 7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.11 Use of Department Vehicles Effective Date: Deeember- 20,z z Reference: 41.2.8, 41.2.13 Version: 6 7 CALEA: 41.3.1, 41.3.2, 53.1.1 No. Pages: 4 5 I. Purpose The purpose of this policy is to establish guidelines for the use and operation of vehicles owned, leased or operated by the Fayetteville Police Department (FPD). II. Policy All employees of this department shall operate department vehicles in a legal, safe and courteous manner. Employees shall not abuse or misuse department vehicles and equipment. Employees are responsible for the care and maintenance of vehicles in their control. Employees shall make proper use of vehicle safety equipment while operating department owned or authorized vehicles. III. Procedures A. Vehicle Safety/ Maintenance Inspection - Patrol vehicles shall be inspected on a daily basis by the officer assigned to the vehicle [CALEA 53.1.1 NT]. 1. Deficiencies shall be noted and brought to the attention of a supervisor to make a determination as to whether the vehicle should be removed from service until repaired. 2. Repair requests will be completed through the vehicle maintenance request process. 3. The inspection will be documented through the vehicle inspection process. B. Vehicle Equipment 1. Patrol vehicles will be conspicuously marked and outfitted with the following specifications [CALEA 41.3.1 NT]: a. Exterior mounted operational emergency lights; b. Siren; C. Agency's name in reflective materials; d. Unit number; and e. Reflective striping on sides. 2. Equipment required for patrol vehicles will be replenished or repaired upon inspection or as needed [CALEA 41.3.2]. a. The department will assign a primary and secondary supervisor to monitor equipment needs and deficiencies through the use of inspections and the daily vehicle inspection process. Assigned supervisors will be listed on the Duty Assignment Roster. 41.2.11 Use of Department Vehicles Page 1 of 5 b. Vehicles will be inspected daily by officers for equipment assigned to the unit. Officers are required daily to report any vehicle deficiencies or deficient items in writing to their shift supervisor. c. Those supervisors assigned as primary on the Duty Assignment Roster for unit supplies/unit inspections will oversee an annual inspection of vehicles and vehicle equipment and report the results through memorandum to the Patrol Captain. d. Items reported as being deficient will be replenished by a shift supervisor through the Quartermaster System. 3. Equipment for patrol vehicles to maintain operational readiness includes but is not limited to [CALEA 41.3.2]: a. Fire extinguisher; b. Tire deflation device; C. Spare tire; d. 50 ft. measuring tape and rolling tape measure; e. Blanket; f. Crime scene tape; g. Paper towels and bags; h. Personal protective equipment — gloves, masks, shoe covers, tyvex suit; i. Radar unit and tuning forks; j. VL removal tool; k. Prisoner leg straps/belly chain; 1. First Aid Kit; M. Disinfectant; n. Automated External Defibrillator; o. Ballistic helmet / Body armor; P. Air purifying respirator mask; q. Portable breath test (PBT); r. Glow sticks; S. Cardiopulmonary resuscitation (CPR) mask; and t. Traffic cones. 4. Supervisor patrol vehicles will contain a door entry breaching kit. [CALEA 41.3.2]: C. Take Home Units: Officers will be assigned either a marked or unmarked vehicle for use according to the responsibilities of the officer's position and the needs of the department (i.e. canine units, drug task force officers, etc.). 1. To serve as a crime deterrent, take home units that are marked will be parked in the officer's driveway or an openly prominent location at the officer's residence. 2. The assignment of a take home unit is a privilege, not a right, and can be revoked at any time. Assignment of a take home unit is determined by the Chief of Police or his/her designee. 3. No alcoholic beverages are to be consumed in department vehicles, nor are they to be driven after the officer has been consuming alcoholic beverages. 4. While off duty, officers shall not take law enforcement action to address a minor violation. 5. While off duty, officers in marked take home units shall: a. Carry their credentials and service weapon; b. Dress in such a manner as to not discredit the department should they have to perform in a professional capacity; and C. Be prepared to assist in traffic control on motor vehicle collisions until assigned 41.2.11 Use of Department Vehicles Page 2 of 5 officers arrive. 6. Use of take home vehicles is limited to commuting to and from work, court, training, and other approved functions or other de minimis use. D. Command vehicles are assigned to the Deputy Chief of Police and Captains whose responsibilities are critical to the operational efficiency of the police department, and the use of command vehicles is determined by the Chief of Police. The Deputy Chief of Police and captains must be able to communicate with the department at all times and are subject to immediate response when needed. Command vehicles may be marked or unmarked as determined by the Chief of Police. E. Special Purpose Vehicles [CALEA 41.1.3 NT] 1. Motorcycles, bicycles, the ERT Tr-amspert vehicles, and any other non -conventional vehicles shall be considered special-purpose vehicles of the Fayetteville Police Department and shall be treated accordingly. 2. The above mentioned special-purpose vehicles shall only be operated by authorized and assigned personnel that have completed or are undergoing required training as determined by the Fayetteville Police Department. In the event of a life threatening situation, sworn personnel not typically authorized may make use of a special-purpose vehicle. 3. The supervisor assigned over the unit of primary use of each special-purpose vehicle shall be responsible for required maintenance and for the determination and upkeep of required equipment to be kept in or on the vehicle. F. Vehicle Operation 1. Employees shall operate department vehicles in a careful and prudent manner. Unsafe, negligent or reckless driving is prohibited. Traffic laws and department policies shall be followed unless emergency circumstances warrant otherwise. 2. Department vehicles will be kept clean and serviceable at all times (i.e. washed, vacuumed, fueled, etc.). 3. Seatbelt usage: refer to 41.2.13 4. When parked and/or unattended, department vehicles, when practical, shall be properly secured by: a. Locking the doors; b. Ensuring the windows are up; and C. Ensuring any firearm in the vehicle is locked/secured. 5. Due to the nature of law enforcement work, officers are allowed to eat and/or drink in department vehicles; however, the vehicles must be kept clean of debris and trash by the end of the shift. 6. Passengers will generally be limited to police officers, city employees or other governmental officials. Exceptions to this rule include detainees, persons needing assistance, persons authorized in a ride along, persons assisting the officer or other persons with approval of a supervisor. However, limited transportation of others is permissible, such as the transportation of an immediate family member to school or work or other incidental transportation needs. Employees cannot engage in police activity when family members are being transported in a department vehicle. 7. Formal eitize ride -along passers participants in patrol vehicles must be authorized by written approval of the Chief or his/her designee. Authorization and protocol for a formal eitizen ride -along pregram are as follows: a. An "Indemnify, Defend and Hold Harmless" agreement must be signed by the eitize 41.2.11 Use of Department Vehicles Page 3 of 5 ride -along participant wishing to „affie „ate in a ride along b. Sworn supervisors acting as the Chief s designee must sign the form to complete the requirement of written approval. c. The supervisor shall route the completed form to the administrative secretary by the end of their shift. The form shall be filed and stored in Police Administration. d. The Ride -along participants shall only be permitted to ride with personnel approved by a supervisor. e. The eifizcn Ride -along participants shall be at least eighteen years of age prior to approval. £ Ride -along participants shall be Fayetteville Police Department applicants, interns, City employees, or elected officials. The Chief of Police or his/her designee may grant exceptions for individuals not meeting the ride -along criteria under special circumstances or when deemed appropriate. g. All Ride -along participants shall be returned to the police department at the completion of the Ride -along assignment or at any time requested by the participant. h. Tape recorders or cameras are not permitted unless prior approval has been obtained by the Chief of Police or his/her designee. i. Participants shall not be permitted to carry a weapon while participating in the program. j. Ride -Along participants shall not participate in any police activity unless specifically directed by the officer. k. Ride -Along participants shall not leave the patrol car at any time without first obtaining permission from the officer. 1. Ride -Along participants shall not converse with prisoners, suspects or witnesses, or other parties contacted on police business. in. Y4Y,—Ride-along eifizen participants shall remain in the patrol unit unless the officer directs the Eiden participant that it is safe to exit the unit. The even participant shall not exit the vehicle on any "high risk" calls to which they may be assigned. This includes family violence calls unless no elements of risk are present nor are expected and only a reporting procedure is necessary. n. Under no circumstances will a eitize participant be present in a patrol vehicle involved in any aspect of a pursuit. 8. Employees are prohibited from taking department vehicles outside the city limits of Fayetteville. Exceptions to this rule include: a. Following up on an investigation, with supervisor approval; b. Police pursuit (Further reference can be made to 41.2.8, Pursuit policy); c. Completing an assignment, with supervisor approval; d. Picking up supplies; e. Going to court; f. Take home units authorized by the Chief of Police or her/her designee; and g. Attending meetings, training, etc. 9. Department vehicles may only be used for secondary employment when it is for a pressing public need, and not solely to benefit the private employer. Request to use police vehicles for secondary employment must be approved by the Chief or Deputy Chief of Police prior to any such use. a. Before approving the use of department vehicles, the following factors will be considered: 1) The threat or perceived threat of violence at the location or in the area; 2) The deterrent to crime; 3) The crime rate at the location or in the area; 4) The call volume at the location or in the area; 41.2.11 Use of Department Vehicles Page 4 of 5 5) Criminal activity, such as drug activity, public intoxication, disorderly conduct, and assaults at the location or in the area; and 6) The availability of vehicles. b. Take home vehicles can be driven to department approved extra jobs requiring the performance of law enforcement duties. 1) Assigned vehicles will not be used to patrol private property. The vehicle will be parked at a suitable location while security/protective services are being performed. 41.2.11 Use of Department Vehicles Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.17 Canines Effective Date: oEtobo.- 20, 2& Reference: 41.2.8; 84.1.1 Version: -3 4 CALEA: 41.1.5 No. Pages:.99 I. PURPOSE The purpose of this directive is to establish procedures and provide guidelines for the management and use of police canines in field operations. II. POLICY Because of a superior sense of smell, hearing and the ability for a canine to be used to protect officers and our citizens, the trained law enforcement canine is a valuable asset to a police agency. However, utilization of canines requires adherence to procedures, which properly control their use of force potential and channel their specialized capabilities into legally acceptable crime prevention and control activities. III. Procedures A. Canine Unit Utilization [CALEA 41.1.5 a.] A Canine Team is defined as an officer handler and an assigned police canine. Canine teams are available on a twenty -four-hour basis for incidents such as, but not limited to: a. Conducting building searches for offenders; b. Assisting in the arrest or to prevent the escape of offenders; c. Protecting officers or others from death or serious bodily injury; d. Area searches to locate suspects or lost/missing persons; e. Detection of hidden instruments or evidence of a crime; f. Establishing probable cause for use in obtaining search warrants; g. Assisting with the execution of a search warrant to locate evidence or provide perimeter; containment of a building during the service of a warrant; or h. Community relations and/or policing demonstrations. 2. The scenarios listed below will be considered appropriate scenarios for Canine Teams response: a. All burglary in progress calls; b. Felony crimes or misdemeanor crimes of violence where the suspect has fled on foot; 41.2.17 Canines Page 1 of 9 c. Alarm calls; d. Prowler calls; e. Calls where the presence of a canine may deter an attack on police officers; and f. Narcotic calls if necessary Canine Teams should not however be used to respond to minor complaints. Types of responses not on this list must have the approval of a supervisor. 3. Police canines will only be used for criminal apprehensions when there is reason to believe the officer may encounter resistance from the suspect, or to locate a suspect attempting to elude capture. 4. Police canine teams are prohibited from initiating, engaging in and/or following vehicle pursuits unless authorized by a supervisor. Refer to Fayetteville Police Policy 41.2.8 (Vehicular Pursuit). 5. Canine handlers are responsible for determining whether a situation justifies canine use and the appropriate tactical measures that should be taken. 6. Other than on routine traffic stops, patrol officers or detectives shall request canine team assistance through the patrol supervisor on duty. 7. The canine is the responsibility of the handler and will not be permitted to roam at will. B. Canine Use of Force [CALEA 41.1.5 i.] The use of specially trained police canines for law enforcement responsibilities in the apprehension of suspects constitutes a real or implied use of force. Canine teams may only use that degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by the department's use of force policy. When a canine is deployed for the purpose of apprehension, the handler shall: a. Provide a verbal warning to the suspect when reasonable. (1) The handler is not required to give the verbal warning if he/she reasonably believes the warning will create undue risk to public or officer safety. 2. In all instances where a canine is deployed, the incident shall be documented. Whenever a canine bites an individual, whether or not in the line of duty, the handler shall: a. Notify an on -duty supervisor who will, if possible, respond to the scene. b. Obtain medical treatment for the person at an authorized medical facility; medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury. Such medical treatment can be denied by the bite victim but only after having been taken to an authorized medical facility. c. Take color photographs of the affected area if possible, prior to medical treatment. d. Complete a canine activity report and a Use of Force Report whenever there has been an allegation that a canine has bitten or otherwise injured an individual. The reports must detail the circumstances surrounding the incident, the identity of the individual involved 41.2.17 Canines Page 2 of 9 and any witnesses and the extent of injuries, if any. The original report shall be filed in accordance with Fayetteville Police Policy 4Q4 1.3.1 (Use of Force). e. A diagram shall be used to show the location of injuries or alleged injuries to the individual. C. Building Searches Departmental canines can be used for locating suspects in buildings or related structures where officers would be confronted with unnecessary risk. The following procedures shall be used, if possible, to conduct searches: a. The patrol personnel will secure the building perimeter. b. When a canine building search is anticipated, a preliminary search by officers should not be conducted, as this may interfere with the canine's ability to discriminate scents. c. An additional officer should be assigned to provide assistance and cover for safety of the canine team during the building search. The assisting officer should take caution to not interfere with the search and keep other officers informed as to the status of the search. 2. The on -scene supervisor or officers shall also take the following steps in preparation for the canine search: a. All tenants, workers or others from the facility should be evacuated. b. If possible, request that all air conditioning, heating or other air -blowing systems be shut off so there will be no interference with the canine's scenting ability. c. Upon entrance to the building, all exits should be secured, and communications limited. d. The canine should be unleashed during a building search unless there is an imminent risk of injury to innocent persons within the facility. e. The canine should not be used to search facilities that contain substances potentially harmful to the animal without due caution. f. Before commencing the search, the handler or other appropriate personnel shall, in English and Spanish, when possible, loudly announce the statement that there are police officers on the premises and a trained police canine will be released if the individual does not surrender. A reasonable amount of time shall be allowed for the suspect to respond. This warning shall be repeated frequently. g. When apprehending suspects in these or related circumstances, canines shall be commanded to disengage as soon as the suspect is subdued or readily complies with officer directions. h. The,arrestee(s) shall not be transported in the same vehicle with the police canine unless alternative transportation is not available and immediate transport is essential for safety or security reasons. D. Crowd Control 1. Canine teams may be used for crowd control upon approval of the Shift Supervisor to protect life or property during a riot or other major unauthorized gathering that cannot be controlled by other means. In these situations, canines shall: a. Be placed on a short leash at all times to protect an individual from serious injury; and 41.2.17 Canines Page 3 of 9 b. Not initiate any offensive action, unless to guard against substantial property damage, imminent loss of life or serious bodily injury. E. Drug Detection: Use of police canines in a drug detection capacity is authorized in the following situations and conditions as allowed by law: 1. The canine supervisor or his designee shall maintain records that document the use and the proficiency of individual canines in drug detection [CALEA 41.1.5 i.]. This documentation shall be readily available to canine officers and others who may need it when seeking warrants. 2. Random exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, train stations, bus stations, as authorized by a supervisor: a. Exploratory sniffing in these facilities shall be confined solely to those areas open to the general public and, whenever possible, with advance knowledge and consent of the appropriate facility manager. b. Exploratory sniffing shall be conducted without interference or annoyance to the public or interruption of facility operations. 3. Canine sniffs conducted in areas restricted to the public, such as baggage staging areas may be conducted with proper notification and approval from the appropriate facility representative. 4. Officers may detain specific checked luggage or related items for the purposes of requesting a canine sniff if reasonable suspicion exists. 5. The use of canines in public schools is permitted when: a. The school's principal or designated authority requests or approves the use of the canines. b. The search is limited to inanimate objects in public areas and the exterior of student lockers unless reasonable suspicion exists to gain admission to lockers and related areas. 6. Sniffs of the exterior of residences, either individual dwellings or the common areas of multiple unit dwellings, must comply with state and federal law. 7. Canines may be used to sniff motor vehicles when: a. Reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics; or b. During a vehicle stop, the canine is used to sniff the vehicle's exterior in an exploratory manner. Unless the canine alerts to the vehicle, the operator may not be detained longer than necessary. c. All attempts should be made to discourage the canine from entering the vehicle unless an indication is made to the presence of narcotics. 41.2.17 Canines Page 4 of 9 8. An exception to these search procedures exists when the canine is utilized during execution of search warrants. F. Tracking Police canines are available to track missing persons or suspects, or to locate evidence that the officer has reason to believe has been abandoned or hidden in a specified open area. Such searches are subject to the following conditions and limitations: 1. When officers are pursuing a suspect and contact with the suspect is lost, the officer, prior to summoning a canine shall: a. Stop and pinpoint the location where the suspect was last seen, and b. Avoid vehicle or foot movement in the area where the suspect or subject was last seen. 2. An additional officer should be assigned to provide assistance and cover for safety of the canine team during the track. The assisting officer should take caution to not interfere with the track and keep other officers informed as to the status of the track. 3. Canines used for tracking persons should remain on a leash of sufficient length to provide a reasonable measure of safety to the subject of the search without compromising the canine's tracking abilities. 4. Canine teams should not be used to locate small children unless there is a reasonable suspicion of foul play or a belief that serious bodily harm or death will occur if the child is not located immediately. Where the use of a canine is deemed necessary, the risks of injury to the child shall be explained to the parents or next of kin. 5. On scene personnel shall: a. Secure the perimeter of the area to be searched, and b. Secure the integrity of the area to be searched by keeping all persons out of the area. G. Request from another agency 1. Request for the assistance of a canine unit from other police agencies shall be directed to the supervisor on duty. If the supervisor dispatches a canine team outside the city limits, a supervisor will accompany the team and the Patrol Captain shall be notified. 2. The requesting police agency shall provide as much of the following information as possible: a. Type of incident and circumstances, b. Time and location of the incident, c. Weather and ground conditions, d. Type of area and terrain, e. Any prior search by personnel or other canine unit, f. Knowledge of available witnesses, g. Pending Charges, and h. Information of any violence or weapons. 41.2.17 Canines Page 5 of 9 3. The police agency requesting canine assistance shall be responsible for securing and protecting the area or item to be searched until the arrival of the canine unit. 4. The canine handler will decide the type of search to be conducted and shall be the only person to direct the actions of the canine when on an assignment. 5. The canine handler will complete an incident report after providing the requested assistance and forward a Canine Activity Report, or any other required reports, to the supervisor to be reviewed and compiled for statistical purposes [CALEA 41.1.5 i.]. H. Financial Responsibility 1. The Fayetteville Police Department (FPD) will assume certain financial responsibilities involving the care and use of canines such as, but not limited to: a. Necessary medical expenses, b. Grooming items and other supplies including food, c. Licensing and or national, regional or local costs associated with certifications, d. Necessary handling and training as well as equipment, e. Other material needed to facilitate the operation of the canine unit, f. Training of the handler and canine as needed, g. Necessary insurance coverage for the canines and handlers, and h. Boarding expenses if needed. I. Canine Kennel / Equipment [CALEA 41.1.5 h.] 1. The kennel will be constructed at the City of Fayetteville's expense. It will be built to department specifications. 2. The canine handler must have at a minimum the following facilities at their residence to house the canine: a. A fenced yard at least eight feet by sixteen with a six-foot tall fence in good condition that will prevent escape including a locking gate, and b. The facilities must be inspected and approved by the canine supervisor prior to housing the canine. c. Only the Chief of Police and/or his/her designee may authorize deviation from the above requirements. Authorization must be in writing. 3. Only department -owned, or department -approved equipment shall be used in handling and care for the police canine. Equipment will be requisitioned and purchased through approved department procedures. The handler shall maintain, in operational readiness, all necessary equipment required to properly control and/or handle the canine at all times. These items shall be in the handler's possession or stored inside the police vehicle whenever the canine is 1111�Y I&SCOM J. Ownership 41.2.17 Canines Page 6 of 9 1. The FPD will furnish the canine and will retain ownership of the animal. 2. A canine handler may apply to take possession of a canine when: a. The canine is retired from duty or relieved due to injury. b. The handler is transferred, promoted or retires, and a decision is made not to retrain the canine with another handler as determined by the Chief of Police. 3. These exceptions release the FPD from further financial responsibility and/or liability for the canine. K. Canine team certification, qualifications and training"Canine Selection, Team Certification, Qualification, and Training [CALEA 41.1.5 b., c.] Canine selection shall be determined by the credibility of the source and the health, temperament, and workability of the canine. The selection process shall include [CALEA 41.1.5. b.]: a. The Chief of Police or his/her designee shall select the kennel and training facility. b. The Chief of Police or his/her designee shall inform the kennel of the canine requirements, such as but not limited to: 1) The canine's purpose; 2) The desired temperament; and 3) The canine's drive and workability. c. Once the kennel is able to provide canines within the selected parameters, the selected canine handler, the appointed supervisor who primarily oversees this unit, and a member of administration shall travel to the kennel to evaluate and purchase the canine best suited for the department. 2. The canine team must successfully complete a national canine certification course prior to being deployed. a. The canine will be trained with a success rate consistent with certification requirements of the certifying association in all types of drug and patrol search techniques and under various weather conditions and times of day. Emphasis should be placed on the search of vehicles and buildings for the detection of cocaine, methamphetamine and heroin. Proof will be provided that the canine handler and canine are certified by a national certifying agency. b. The canine will be required to re -certify annually and must meet the required standards set by a national certifying agency or as determined by the Chief of Police [CALEA 41.1.5 e]. c. Training aids issued to the canine handlers will be in accordance to the guidelines outlined in Fayetteville Police Policy 84.1.1 (Property Management; Acquired and In - Custody). Training Aids are the responsibility of the canine handler while checked out to that handler. [CALEA 41.1.5 £] 1) During each training scenario, each training aid will be numbered, and its placement documented in the handlers' training notes. At the conclusion of the 41.2.17 Canines Page 7 of 9 training scenario, an inventory of all training aids will be made to ensure all aids are properly recovered. 2) Training aids will be stored in the canine handler's police department locker in an approved locked case when not in use. 3) The handler may carry the training aids only while on duty. 4) The handler will immediately report any damage or loss of the training aid to the on -duty supervisor. 5) The on -duty supervisor will immediately notify the canine supervisor and the Patrol Captain. 6) The Patrol Captain will cause a complaint to be filed with the Office of Professional Standards. d. Canine teams are allotted five (5) paid hours per week to conduct training. A training log shall be completed for each training session [CALEA 41.1.5 d., f.] 3. Applications for the police canine program are open to all sworn personnel of the police department who meet the following qualifications [CALEA 41.1.5 c]: a. Have at least one year of uniform patrol experience with satisfactory work performance; b. Possess a willingness to commit themselves to the unit for a minimum of a 3 years; c. Possess willingness (together with family members) to care for and house the canine at the officer's residence with a secure outdoor area for the canine that conforms to department requirements; d. Possess a strong desire to work with canines and willingness to care for and train the animal; and e. Possess the ability to pass the departmental physical fitness and agility tests. 4. All departmental canines must meet established departmental certification requirements. 5. New canine handlers must complete the prescribed canine training course and successfully meet all course requirements. 6. Canine handlers are required to demonstrate acquired abilities to the canine supervisor on a periodic basis as requested. L. Canine use and care [CALEA 41.1.4 g.] 1. Police canines shall not be used for breeding or participation in shows or field trials. 2. Police canines may be used in demonstrations and exhibitions as required by the department in the official capacity of a canine team. 3. Canine handlers are personally responsible for the daily care and feeding of the canine to include: a. Maintenance and cleaning of the kennel and yard area where the canine is housed; b. Provision of food, water and general diet maintenance as prescribed by an authorized veterinarian; c. Grooming as required by weather, working conditions or other factors; d. Daily exercise; and e. General medical attention and maintenance of health care records. 41.2.17 Canines Page 8 of 9 4. Canine handlers are allotted five (5) paid hours per week for the care of their dog. 5. Where If the handler is unable to perform these and related duties due to illness, injury or leave: a. The canine supervisor shall assign a canine handler or department employee to ensure the canine is properly cared for. b. Another- eanine handler- of- depaf�ment employee may be assigned to temper-ar-ily ear-e fe the eanine. or e. A member- of the handler's family may ear-e for- the eanine if approved by the eanine a;. d. In the event the canine needs to be boarded, the canine shall be boarded at a facility approved by the Chief of Police and/or his designee. 6. Handlers shall not allow members of the public to engage or pet the police canine. 41.2.17 Canines Page 9 of 9 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 44.1.1 Juvenile Operations Effective Date: Oe e Reference: 44.2.4 Version: 6 7 CALEA:44.1.1, 44.2.2, 44.2.1, 1.2.5, 41.2.6, 44.2.3, 61.1.2 No. Pages: 7 I. PURPOSE The purpose of this directive is to establish policies concerning the department's juvenile programs and the processing of juvenile offenders and victims [CALEA 44.1.1]. Officers of the Fayetteville Police Department (FPD) must recognize that juveniles may not understand their rights, formal police procedures, and may need parental guidance to make some decisions. When encountering a juvenile in any law enforcement capacity, it is of the utmost importance for officers to have patience and understanding of the juvenile's limited knowledge, to consider a juvenile's intelligence, educational background, their understanding of the circumstance, mental capacity and other factors that include nervousness, physical condition, injuries and trauma. II. DEFINITIONS A. Custodial interrogation refers to express questioning, normally associated with detention, arrest and custody that an officer should know are reasonably likely to elicit an incriminating response. Officers shall have a parent or guardian present and Miranda warning shall be read prior to a custodial interrogation. B. Non -custodial interview is a voluntary encounter with an officer to obtain statements from complainants, witnesses, victims and suspects. For the purpose of this policy, a parent or guardian does not have to be present during a non -custodial interview of a juvenile. III. POLICY A. ORGANIZATION AND ADMINISTRATION - The Fayetteville Police Department is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency and victimization. I. The Fayetteville Police Department shall maintain an investigative division with specializations associated with juvenile matters, this division will fall under the command of the Criminal Investigation Division (CID). 2. The responsibility of juvenile operations and delinquency prevention efforts is to be shared by all agency personnel and not just limited to the responsibility of CID. In particular, all patrol officers should familiarize themselves in proper handling of juvenile problems, both criminal and non -criminal. 44.1.1 Juvenile Operations Page 1 of 7 The Fayetteville Police Department will strive to maintain a working relationship with other elements of the juvenile justice system, namely the Washington County Juvenile Court and the Washington County Prosecutor's Office. 4. Additional resources for juvenile operations are the school resource officers in the Special Operations Division (reference can be made to FPD 44.2.4). B. OPERATIONS 1. Encountering Abuse and Neglect: a. Any time an officer encounters a juvenile who has been exposed to neglect or abuse, the officer shall report the neglect and or abuse to the Arkansas State Police Hot Line. Contacting the local Department of Human Services (DHS) office or a local DHS employee does not fulfill the obligation of reporting to the hot line. 2. Taking Juvenile Into Custody - When encountering juveniles, personnel of the Fayetteville Police Department shall ensure the constitutional rights of juveniles are protected in all types of situations [CALEA 44.2.2 c.]. Personnel will follow the following procedures for taking a juvenile into custody. Protecting a juvenile in immediate danger is of the utmost importance. A juvenile may be taken into custody without a warrant for the following: a. Pursuant to an order of the court under Arkansas Code § 9-27-301 (Act 273 of 1989); or b. By a law enforcement officer without a warrant under circumstances as set forth in Arkansas Rules of Criminal Procedure 4.1 (also see Policy 1.2.1); or c. By a law enforcement officer or by a duly authorized representative of the DHS if there are clear, reasonable grounds to conclude that the juvenile is in immediate danger and that removal is necessary to prevent serious harm from his/her surroundings or from illness or injury and if parents, guardians, or others with authority to act are unavailable or have not taken action necessary to protect the juvenile from the danger and there is not time to petition for and obtain an order of the court prior to taking the juvenile into custody. Evidence that the juvenile has already been harmed should be another factor in determining custody [CALEA 44.2.2 b.]. d. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b.]. e. When taking a juvenile into custody for protection, the officer is required to report the protective custody situation to the Arkansas State Police Hotline. The officer must arrange for the transfer of custody to the DHS during the hotline call and may also need to coordinate with additional correspondence with the DHS [CALEA 44.2.2 b., d.]. f. When a juvenile is taken into custody, the officer should always attempt to make contact with the parent(s) or legal guardian and advise them of the situation [CALEA 44.2.2 e.]. 44.1.1 Juvenile Operations Page 2 of 7 Alternatives to Arrests of Juveniles for Delinquent Acts — When encountering juvenile offenders, officers shall use the least coercive among reasonable alternatives. Officers making contact with a juvenile who has committed a delinquent act which does not involve a victim, (such as loitering, etc.) or an act whose victim does not wish to press charges may use alternatives to arrest [CALEA 44.2.1 a.]. a. For minor violations that do not include a victim, officers have the discretion to make an outright release with no further enforcement action [CALEA 44.2.1 a.]. b. Alternatives to arrest include: verbal warning, referral to a school resource officer or other juvenile services options, conference with the juvenile's parent(s) or guardian, report and referral to Washington County Prosecutor's Office Juvenile Division, or report and referral to Washington County Juvenile Court [CALEA 44.2.1 d.]. c. If alternatives to arrest are employed or referral to another agency for service or diversion is made, it is not necessary to contact any officials with the juvenile court system [CALEA 44.2.1 c.]. 4. When encountering juveniles, officers shall determine if a juvenile has engaged in a non -criminal misbehavior status offense. If the offense is non -criminal, officers should employ one of the following non -arrest options [CALEA 44.2.2 a.]: a. Advice to the juvenile on the situation; b. Verbal warning; c. Determination to make a later referral to a school resource officer or juvenile court; or d. A conference with the juvenile's parent or guardian. 5. Investigation of Juvenile Non -Custodial Interview [CALEA 44.2.3] a. An officer can conduct a non -custodial interview with a juvenile if the officer does not have probable cause to believe the juvenile committed the criminal offense, he/she is being questioned about, and the juvenile is not being detained. b. Non -custodial interviews may include, but are not limited to: 1) victim interviews, 2) witness interviews, and 3) field interviews. c. If the officer develops probable cause a juvenile committed a crime, the officer shall follow the protocol for Investigation of Juvenile Offender — Custodial Interrogation in section 9 of this policy (Arkansas Code Annotated 9-27-317). d. Officers shall consider the juvenile's limited knowledge, intelligence, educational background, their understanding of the circumstance, mental capacity, age, or other factors or influences experienced by the juvenile in all non -custodial interviews. 6. Detention of a Juvenile 44.1.1 Juvenile Operations Page 3 of 7 a. Officers do not need to notify the parent or guardian of a juvenile if he/she is being detained and being warned or ticketed at the scene of a traffic collision or a traffic stop. If the juvenile is arrested, officers shall follow the protocol for taking a juvenile into custody. b. Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a potential witness to a criminal offense, he/she may stop that juvenile. The detention shall in all cases be reasonable and shall not exceed fifteen minutes (Arkansas Rules of Criminal Procedure 3.5) In these instances, the officer shall do the following: 1) Identify yourself as an officer; 2) Explain the reason for the stop; 3) Request the juvenile's name and address; and 4) Request information regarding the offense; c. A law enforcement officer lawfully present in any place may, in the performance of his/her duties, stop and detain any juvenile who he/she reasonably suspects is committing, has committed, or is about to commit a felony, or a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the juvenile or to determine the lawfulness of his conduct. An officer acting under this rule may require the juvenile to remain in or near such place in the officer's presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the juvenile detained shall be released without further restraint or arrested and charged with an offense (Arkansas Rules of Criminal Procedure 3.1 and Arkansas Code Annotated 9- 27-317). 7. Taking a Juvenile into Custody - With or Without a Warrant a. No jtwenile shall be iaeatveFated in the Washington County jail. An exeeption to this is aff-er-ded to pr-oseeuter-s under- state law, when ehar-ging juveniles as adults rr n T E n n 4.22 e Juveniles that have committed status offenses (e.g. runaways, truancy, underage drinking, minor in possession of alcohol or tobacco, etc.), are non -offenders (e.g. did not commit a status offense, are dependent and neglected, and/or are in need of mental health services), and/or were arrested on a warrant where the original offense was a status offense shall not be locked inside FPD interview rooms. In these circumstances, officers shall: 1) Place the juvenile in the Patrol Division Conference Room, which does not have a lockable door and does not have security video cameras. 2) Employees shall bring the juvenile to the conference room through the secured portion of the building or parking lot, and shall avoid using the sally port and processing area to eliminate the possibility of contacting an adult offender. 3) Juveniles in the conference room shall be under constant supervision. 44.1.1 Juvenile Operations Page 4 of 7 4) Officers are not required to complete the Juvenile Interview Logbook when juveniles are placed in the conference room. b. Juveniles may be locked inside interview rooms when they have committed a delinquent offense (e.g. burglary, breaking or enter, homicide, etc.) or when the juvenile has committed a status offense and a valid court order directs the juvenile to be held in secure detention. c. Any time a juvenile is locked inside an FPD interview room, the information about the juvenile and the details about the detention must be recorded in the Juvenile Interview Logbook. d. Juveniles must be processed and released by orders of the appropriate authority (e.g. juvenile intake, prosecutor, warrant, or judge) within six hours. 1) The six -hour window begins when the juvenile is arrested and placed inside a police vehicle for transport. 2) The "process" time is the totality of time it takes to transport, interview, and complete paperwork for the juvenile and/or the arrest. The time does not stop until the juvenile is transferred to another facility or released to a parent/guardian. e. While a juvenile is in FPD custody, he/she must be separated from adult offenders by sight and sound, and must remain under continuous supervision. f. The officer should always attempt to make contact with the parent(s) or legal guardian of any juvenile taken into custody and advise them of the situation [CALEA 44.2.2 e.]. g. When a juvenile is arrested and taken into custody the officer should contact the juvenile intake officer of the Washington County Juvenile Court to discuss terms and conditions of release or detention. Officers will follow the direction of the juvenile intake officer of the Washington County Juvenile Court who will decide if the juvenile is to be released to a parent/guardian or is to be taken to the Washington County Juvenile Detention Center. If the intake officer directs the juvenile to the detention center, the officer will take the juvenile to the detention center without delay, unless the juvenile is in need of emergency medical treatment. If the juvenile is in need of emergency medical treatment, officers will follow FPD 71.1.1. At that point, the juvenile's medical care will receive priority. The intake officer of Washington County Juvenile Court should be notified of the juvenile's condition and assist in determining how the juvenile is to remain in custody during medical treatment or make additional release determinations [CALEA 44.2.2 d.]. h. Juvenile requirements are set forth in Arkansas 9-27-320, and requires when a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. These processes will commonly be completed during booking at the Washington County Detention Center [CALEA 1.2.5]. i. No juvenile shall be incarcerated in the Washington County Jail. An exception to this is afforded to prosecutors under state law, when charging juveniles as adults [CALEA 44.2.2 c.]. j. An alternative to taking a juvenile into custody is release of the juvenile through the use of a uniform traffic ticket/citation or an Arkansas Criminal Citation [CALEA 44.2.1 b.]. If the juvenile is to be released on a traffic violation that would go through Fayetteville District Court, it is not necessary 44.1.1 Juvenile Operations Page 5 of 7 to obtain the authorization of the Washington County Juvenile Court Intake Officer. However, if the juvenile is to be released on a criminal violation that would go through Washington County Juvenile Court, the intake officer should be contacted [CALEA 61.1.2 a.b.]. k. Traffic Offenses - If a juvenile is taken into custody for a warrant on a traffic offense from another jurisdiction, the jurisdiction which issued the warrant should immediately be contacted to determine conditions for release. If the juvenile cannot be immediately released, the juvenile detention center should be contacted [CALEA 44.2.2 d., 61.1.2 a.b.]. 1. wennethat hm,e eefmnitted status --offenses (e.g. Funaways, ey, offenders (e.g. t �t-astatus offense, are dependentandncgleet and,lor- afe in need of men4a! health serviees), and/or- were affested on a waffant where the original offense was astatus offense shall not be le a amide FPD i tefvi. In these eir-eumstanees, e€fieer-s shall: 5) tease -the juvenile in the Patrel Division Conferees e Room, . hiek does not h a leekable d e and doe t have seeu,-,video 8. Taking a Juvenile into Custody - Protective Reasons a. An officer may take into custody any "Dependent -neglected juvenile". "Dependent -neglected juvenile" means any juvenile who as a result of abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness is at substantial risk of serious harm. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law under Title 12-12-516. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b., 41.2.6]. b. Any officer taking a juvenile into custody as a "Dependent -neglected juvenile" should immediately contact the Washington County Department of Human Services. Custody of the juvenile will then be transferred to the Washington County Department of Human Services. c. Any officer shall take possession of a child who is thirty days old or younger if the child is left with or voluntarily delivered to the Fayetteville Police Department by the child's parent(s) who does not express an intent to return for the child. The law enforcement officer shall take the child into protective custody for seventy-two hours under the Arkansas Child Maltreatment Act. The law enforcement officer shall immediately notify the Division of Children and Family Services of the Department of Human Services. 9. Investigation of Juvenile Offender- Custodial Interrogation [CALEA 44.2.3] 44.1.1 Juvenile Operations Page 6 of 7 a. Officers of the Fayetteville Police Department must understand that just like adults, juveniles must be afforded certain constitutional rights in respect to Miranda rights. When a juvenile is taken into custody for a delinquent act or criminal offense, a juvenile may invoke his or her right to speak to a parent or guardian in addition to standard Miranda. An officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile indicates in any manner that he or she does not wish to be questioned [CALEA 44.2.3 a.]. b. During a custodial interrogation, the juvenile's parent or guardian must be present in the building; the parent or guardian must be aware the juvenile waived his/her rights; the parent or guardian must have had the chance to speak with the juvenile about the waiver and the parent or guardian shall sign the waiver before an investigator questions a juvenile in custody. Officers should ensure that both the juvenile and the parent or guardian understand the consequences of the waiver or right to counsel. The juvenile and the parent or guardian must be informed of the alleged delinquent act (Arkansas Code Annotated 9-27-366) [CALEA 44.2.3 b.]. c. When questioning a juvenile in custody for a delinquent act or criminal offense, officers shall provide the juvenile his/her rights using the Juvenile Waiver of Right to Counsel form and answer any questions that may ensure the juvenile understands his/her rights. Officers should refer to Arkansas Statute 9-27-317 that governs Questioning of a Juvenile. If the juvenile wishes to consult counsel before submitting to any questioning, an officer shall not question a juvenile unless counsel is provided and present [CALEA 44.2.3 a.]. d. No waiver of the right to counsel shall be accepted in any case in which the parent, guardian, or custodian has filed a petition against the juvenile, initiated the filing of a petition against the juvenile, or requested the removal of the juvenile from the home. e. The duration of the custodial interrogation, officers or detectives conduct will be reasonable in length. Officers and detectives must understand that the voluntariness of the juvenile's statement will be judged by the totality of the circumstances which may involve a review of several factors: Officers should take into consideration the age, intelligence, educational background, psychological state of the juvenile, mental capacity, including whether the defendant is nervous, physical condition and if an officer with training in youth matters is available or present. Officers should consider the juvenile's prior experience in the criminal system, whether the juvenile is suffering from any injury or pain at the time the statement is given, the time of day, any length of confinement, and whether the juvenile is tired and is desirous of sleep. f. During the custodial interrogation, the juvenile should not normally be handcuffed unless they are a danger to themselves or others. Juveniles should not be threatened with bodily harm or made promises of leniency for cooperation. g. During custodial interrogation of the juvenile at the Fayetteville Police Department, officers shall not enter the interview room with their firearms but may retain possession of other less -lethal weapons. Firearms shall be locked in departmental provided lock boxes. During the custodial interrogation, there 44.1.1 Juvenile Operations Page 7 of 7 shall be no more than one suspect and two investigators in the interview room. An exception to this rule is that suspects are afforded legal representation, or accompanied by a parent, guardian, or other representative. h. Officers/detectives conducting custodial interrogations should ensure that the juvenile is afforded adequate access to restrooms, water, and breaks. i. Officers/detectives should ensure the juvenile is familiar with English prior to conducting the custodial interrogation. If the juvenile is not familiar with English and speaks another language, officers/detectives should make arrangements for an interpreter or arrange for an officer to conduct the interrogation in the juvenile's language. j. Juveniles who are in the custody of the Department of Human Services, including the Division of Youth Services of the DHS, must be represented by their attorney ad litem before they can be questioned by police. 44.1.1 Juvenile Operations Page 8 of 7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 46.2.1 Emergency Response Team Effective Date: November TZ�n1 Reference: Version: 2- 3 CALEA: 33.6.2; 46.2.1 NT; 46.2.2 NT; 46.2.3 NT No. Pages: 5 I. PURPOSE To establish policies relating to the organization, administration and operation of the Emergency Response Team (E.R.T.). The primary responsibility of the E.R.T. will be the resolution of difficult police situations through the use of special skills and tactics. II. POLICY A. Organization and Administration The number of E.R.T. members will be decided by the Chief of Police. The Chief of Police shall appoint the following: 1. A unit commander (Sergeant or Lieutenant) and; 2. A team leader(s); 3. All team members. The remaining team assignments will be made within the team with the approval of the Chief of Police. The E.R.T. will be under the supervision of a the Operations Support Captain as designated by the Chief of Police [CALEA 46.2.1 d. NT]. The Fayetteville Police Department will supply its Emergency Response Team members with the equipment deemed necessary to complete the training and assignments of the team [CALEA 46.2.3 NT]. B. Personnel Selection [CALEA 46.2.2 NT] Recognizing the nature of Emergency Response Team operations requires disciplined, physically fit, experienced, calm, capable and well -trained professionals, team selection will be conducted through a fair, non-discriminatory process that measures the factors deemed to be important to the performance of the team. [CALEA 46.2.2 NT] When opening(s) on the Emergency Response Team occur, tests/tryouts will be conducted to determine, from among the eligible applicants, who will be appointed to the team. 46.2.1 Emergency Response Team Page 1 of 5 1. Applicant requirements: An applicant for the Emergency Response Team must meet the following criteria: a. Be a full time, sworn member of the department; b. Have at least 12 months of uniform field experience; c. Be recommended for the Emergency Response Team by a supervisor; and d. Past disciplinary actions will be taken into consideration. 2. Applicant Testing: The selection process will consist of the following: Physical Conditioning Test: Each applicant must successfully pass a conditioning test approved by the Chief of Police. eensistixg of Fayet4ev i1�liee Depat4m physieal fitness standards for- the Emer-geney Response Team. This standafd is set at 201 abovereqtiir-ed ,lop.,Ftme,4.,l standards plus seven (7) puil , b. Firearms Test: Each applicant must successfully pass the Arkansas Law Enforcement Standards and Training (ALETA) Standard Qualification Course of Fire for one target. Marksmanship standards for handgun qualification set for the team is 90%. In addition, the applicants will be put through a minimum of one (1) combat -style shoot course administered by a certified firearms instructor. c. Written recommendation: Each applicant must receive a written letter of recommendation from his supervisor. This letter will be forwarded to the Chief of Police. d. Oral Interview: Each applicant will be asked to participate in an oral interview in which a series of pre -developed questions will be asked. The Chief of Police or his designee will assign the interview panel. e. Once testing is completed, the interview panel will compile the results with a recommendation to the Chief of Police. Applicants will be appointed to the E.R.T. at the discretion of the Chief of Police with a probationary status period of one (1) year. shortages ar- less due to attrition. Altemate PFobationary team members tinder -go s e applieant and testing pr-eeess as listed above. The Chief of -Poliee appoints ebeeses eammander or- leader- unless speeifleally needed. in addition, altemate team members should be given speeialized training outside r-egulafly seheduled ERT tfai 3. Probationary ERT Members a. The Emergency Response Team utilizes probationary team members to cover shortages or losses due to attrition. Probationary team members undergo the same applicant and testing process as listed above. The Chief of Police appoints probationary members who train with the ERT during scheduled training periods. They are subject to ERT call -outs at the discretion of the team commander or leader. In addition, probationary team members should be given specialized training outside regularly scheduled ERT training. Once testing is eempleted, the- in4e-Fview panel will 60fflpile the FeStdtS with a meommendation - the Chief of Poliee. Appfiean4s will be appointed to the E.R.T. at the diser-efien of the Chief _4 Peliee with a pr-ebatienafy status period of one (1) year-. 4. Removal from Team a. The Chief of Police, upon the consensus of the team leadership, may remove any member 46.2.1 Emergency Response Team Page 2 of 5 in the best interests of the team. ., an appheant is plaeed on pr-obationa-Fy status for- a period of one (1) year-. 1) All E.R.T. members must maintain their level of individual and team skills. Failure to maintain skill levels and/or stay physically fit is grounds for removal from the team. a) Failure to maintain minimum physical fitness and/or skill levels will be dealt with by immediate remedial instruction and re -testing. b) Failure to reach minimum levels during re -testing will result in the team member being placed in a non -deployable status for a period of = thirty (30) days, during which the team member will be required to bring skill levels back up to minimum. e eam mem er win oe the minimum standards are reached. c) Failure to obtain jpimum skill level stan 30) Failure to do so will result in removal from the team. d) If skill level or physical fitness failure is due to the existence of a valid injury, the team member will begin a rehabilitative process and excused from ERT duties. Once released from medical care, the team member shall pass the skill level or physical fitness test. b. A team member may request to be voluntarily withdrawn from assignment to the E.R.T. at any time. The team member must submit a letter of resignation to the Chief of Police, who may grant or deny the request after a review of the circumstances. C. Duties and Responsibilities 1. Team Commander: The team commander is directly responsible for the following areas [CALEA 46.2.1 d. NT]: a. Direct supervision of the team members; b. Training; c. Maintaining an inventory of all team equipment, which includes assignment to individual team members or storage location [CALEA 46.2.3 NT]; d. Maintaining training and call -out files for the team [CALEA 33.6.2]; e. Reporting all training and equipment needs to the did Operations Support Captain supervising the Emergency Response Team. 2. Team Leader: In the absence of the Team Commander, the team leader assumes responsibility for the Team Commander's duties [CALEA 46.2.1 d. NT]. 3. Team Members: Team members are required to comply with the following [CALEA 33.6.2]: a. Maintain minimum physical fitness conditioning requirements as established by the Chief of Police; b. Maintain familiarity with all equipment used by the E.R.T.; 46.2.1 Emergency Response Team Page 3 of 5 C. Maintain minimum marksmanship standards set for the team. d. Must be available for call -outs by having their paging device with them at all times; (* Exception - When members are sick or on scheduled leave) e. The timely response and completion of all tasks, as well as, demonstration of high standards of performance; f. Attend all scheduled training operations unless excused by the Team Commander or Team Leader prior to the assigned training date. g. Maintain all assigned equipment in good condition; h. Wear approved and appropriate E.R.T. attire on all call -outs and training days; i. Use departmentally issued or authorized E.R.T. equipment; j. Familiarization with basic first aid. (A first aid kit will be maintained and kept with the team during call -outs and training exercises). D. Training [CALEA 33.6.2] 1. The Emergency Response Team shall train at least one day per month as set forth by the team commander and team leader. 2. The counter sniper/observer team shall have a training day of at least one day per month aside from the team -training day. 3. The team leadership will delineate the individual, squad and team level skills required for the team to successfully conduct operations. Those skills will create the basis for specific training exercises of the E.R.T. Training exercises will be created by the team leadership. Joint training exercises between the Emergency Operations Team and the Crisis Negotiation Team should be conducted periodically. Any training exercise shall be documented to include the type of training, date, attendance and scores, if applicable. [CALEA 33.6.2] 4. Due to the required physical fitness standards for E.R.T. members, they are allotted two (2) hours per week while on duty for physical fitness training. It is the responsibility of the team members to schedule their physical fitness training time with their immediate supervisor. Fitness training hours must be used during the current work period and cannot be carried over to the next work period. The fitness training hours must be used during the scheduled workday. No overtime or compensatory time can be accrued as a result of the use of the fitness training hours. 5. Chemical Agents/Distraction Devices: Chemical agents and distraction devices require proper training for effective use and shall be used only upon authorization of the team leader or team commander by personnel trained in their use. E. Call -Out Notification/Deployment: 1. In the event of an incident in which the Emergency Response Team might be activated, initial responding patrol officers have an integral role of support. [CALEA 46.2.1 a. NT] a. Patrol officers should contain/secure the scene of an event to the extent possible. b. Officers should locate and interview witnesses if possible. c. Officers should attempt to secure information as to the lay out of the scene of the incident. d. Officers should relay any intelligence information regarding the incident to be forwarded to the E.R.T. team leadership [CALEA 46.2.1 e. NT]. 46.2.1 Emergency Response Team Page 4 of 5 2. Any Fayetteville Police Department supervisor may request assistance from the E.R.T. However, a Fayetteville Police Department Captain or personnel of higher rank must authorize all Emergency Response Team call -outs [CALEA 46.2.1 c. NT]. 3. In a situation where an outside agency requests the assistance of the E.R.T., a Captain or personnel of higher rank from that agency must make the request. Once the request is received, a Fayetteville Police Department Captain or personnel of higher rank must authorize the Emergency Response Team call -out [CALEA 46.2.1 c. NT]. 4. Following authorization for a call -out, the supervisor requesting E.R.T. assistance shall notify the Team Commander or Team Leader of the situation. It is the responsibility of the Team Commander/Leader to see that all team members are contacted and advised of the call -out. 5. In the event of situation requiring immediate activation of the E.R.T., team members can be activated by using the "all -page" function of the JW Paging - pagers. 6. Emergency Response Team members are not to be used in their capacity as tactical officers while on normal patrol duty except under the direct supervision of the team commander or team leader. 7. In the event a team member has consumed any alcoholic beverage or taken prescribed medication it shall be the responsibility of that member to notify either the Team Commander or the Team Leader of their incapacitation. Team members shall not be under the influence of intoxicants or drugs while on duty. G. Pre -Raid Briefing: 1. Team members will assemble in a pre -determined location for a briefing of the assignment in question. A member of Central Dispatch and a patrol shift supervisor will be included in the briefing. [CALEA 46.2.1 e. NT] 2. The Team Leader will be responsible for seeing that the following topics are covered during the briefing process: a. A pre -raid survey (drive -by) of the location in question will be made if time permits and the drive -by will not compromise the mission. b. The Team Leader will make team assignments and determine what equipment is necessary for the situation. c. A team member(s) will be assigned the task of completing a pre -raid form, a post -raid diagram of the target location and a post -raid report regarding the E.R.T.'s activities. d. Other emergency operation teams, i.e. Emergency Medical Services (E.M.S.) or Crisis Negotiation Team (C.N.T.), will be put on stand-by in a location near the target location immediately prior to the mission, when possible. [CALEA 46.2.1 e. NT] 46.2.1 Emergency Response Team Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 48.1.1 Next of Kin NotificationsLAssistanee coMee Effective Date: Reference: FPD G.O. 21 Version: 2- 3 CALEA: 22,4-.�, 55.2.6 No. Pages: 2 I. Purpose The purpose of this policy is to provide officers with direction in next -of -kin notifications of deceased, seriously injured, or seriously ill persons [CALEA 55.2.6 NT]. II. Policy It is the policy of the Fayetteville Police Department (FPD) that death, serious injury, or serious illness notifications be carried out promptly, in person, whenever practicable, and in a considerate, professional manner. Accordingly, the release of information to the media regarding the identities of victims will only be made by those persons delegated with the authority to do so and will be delayed until it can be confirmed that the proper notifications have been made. III. Procedure A. The following will govern notification of next -of -kin of deceased, seriously injured, or seriously ill persons within the city limits of Fayetteville, ser ,,fist.. iP;U.oa, Or ,,US! ill per -sons [CALEA 55.2.6 NT]: 1. In cases where next -of -kin reside in the city limits of Fayetteville, prompt notification should be made by Fayetteville officers. 2. Notifications should be done in person at the residence when applicable in a professional manner. Officers shoul shall conduct themselves in a manner that reflects compassion and dignity. 3. Notifications should be made in a comfortable setting. Adults should be encouraged to sit prior to the notification. Officers shall allow family members to notify small children. 4. When possible, assistance may be obtained from the clergy, close friend, or department chaplain. 5. Officers shall be cognizant of the following possibilities when delivering a notification: a. The next -of -kin or other family member(s) may become distressed and/or despondent as a result of the notification, and require medical assistance. b. Officer safety issues may arise as a result of a family member becoming angry and/or violent during the notification process. 48.1.1Next of Kin Notifications/ Assistance Services Page 1 of 2 6. Officers shall use clear language when making a death notification. Officers shall use the term "dead" or "has died" and avoid the use of euphemisms such as "passed on," "succumbed," or "expired." 7. Officers shall not disclose information that could jeopardize any ongoing investigation(s). 8. Officers shall be supportive and understanding to the needs of family members. Officers shall initiate the proper contact of additional family members, friends, or members of the clergy to ensure the next -of -kin is left in stable, capable care. B. The following will govern notification of next -of -kin of deceased, seriously injured, or seriously ill persons outside of the city limits of Fayetteville [CALEA 55.2.6 NT]: 1. In an active Fayetteville police case where the next -of -kin is out of area, officers shoul shall contact the corresponding law enforcement agency and request the notification to be made by their department. 2. The request shall include all the information necessary to make the notification as well as the name and contact information of the FPD officer or detective requesting the notification. 3. On duty supervisors may authorize local, out of jurisdiction, notifications when appropriate. a. The notification shall be made in accordance with Section A, above. C. The following will govern notification requests from other agencies [CALEA 55.2.6 NT] : 1. The Fayetteville Police Department will maintain a willingness to provide next -of -kin notification requests from other departments in a prompt manner. 2. The Central Dispatch Center (CDC) shall be responsible for obtaining all necessary information to make the notification, including: a. The name of the deceased, seriously injured, or seriously ill person; and b. Contact information for the requesting agency's point of contact. 3. The CDC shall notify an on -duty supervisor any time a request for a death notification is received, 4. The assigned officer shall be responsible for contacting the requesting agency and obtaining the pertinent details to be relayed to the next -of -kin. 5. The notification shall be made in accordance with Section A, above, a. In the event the officer is unable to locate the subject of the notification, the officer should make reasonable attempts for a later notification. Central Dispatch Center shoul shall notify the requesting agency W whether or not a notification was successful er-net. It MIMMAM_. �IWM Mal 48.1.1Next of Kin Notifications/ Assistance Services Page 2 of 2 rrss�:etr� ■. - ■. V.01. IN •■ • • . �• 48.1.1 Next of Kin Notifications/ Assistance Services Page 3 of 2 • .�s�ssnss���.� .. � � .�e�sss�� ■ WIN NONE ff 7=1 OWN! "11111MM . ..... . ........ .... si, ....... I M-2. I M-111Z MI—iiii.; . ...... ... ...... — ------ — I ------- M1111WI1111-0, 11 48.1.1 Next of Kin Notifications/ Assistance Services Page 4 of 2 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 84.1.1 Property Management; Acquired & In -Custody A-ugust Z 3 Reference: FPD 83.1, General Order #07 Evidence Disposition Version: 6 7 Forms CALEA: 84.1.1, 84.1.2, 84.1.3, 84.1.5, 84.1.6, 84.1.7 (NT), 84.1.8 No. Pages: 11 (NT) I. PURPOSE The purpose of this directive is to establish a property management system for property acquired by and in the custody of the Fayetteville Police Department (FPD). II. DEFINITIONS A. Found Property is defined as all recovered items without a known owner, or recovered property where an owner has been identified, but has not been contacted. If found property is not claimed within a period of six months, it will be disposed of through a court order. [CALEA 84.1.7 NT] B. Safekeeping is defined as all recovered property with a known owner, and the owner is aware the property is located at the Fayetteville Police Department. If safekeeping property is not claimed within a period of six months, it will be disposed of through a court order. C. Evidentiary Property is defined as all property seized in connection or related to a crime or investigation. III. POLICY The FPD will establish and maintain a property management system that will ensure continuity and consistency in the control and accountability of all evidence, lost and found property, and seized property, as well as all items retained for safekeeping or investigations in its custody. This policy sets forth strict measures for the handling, security, and disposition of all such property in department custody. A. Accessibility to Secured Evidence Storage Facilities [CALEA 84.1.1. h.] 1. Access to secured evidence storage facilities shall be limited to Property and Evidence Division personnel. 84.1.1 Property Management; Acquired & In -Custody Page 1 of 11 a. The Chief of Police and Deputy Chief of Police have joint access to the secured evidence storage facilities. One shall have possession of the two - factor access control code, and the other shall have possession of the key to the deadbolt. Both the Chief of Police and the Deputy Chief of Police must be present to gain access to the secured facilities. b. Employees can gain access to the secured evidence storage facilities when accompanied by Property and Evidence Division personnel, and the employee must sign the Property Room Access Log. 2. The destruction item storage area shall be secured by a dual locking system and will only be accessed when two (2) authorized personnel are present. The destruction item storage area requires two -factor authorization for access control by both authorized employees and a key to the dead bolt. B. Control of Property 1. Control: The Property and Evidence Division shall maintain exclusive control and accountability of all found, recovered, and seized property, items kept for safekeeping, and evidentiary property. a. In no event will employees store found, safekeeping or evidentiary property in their personal lockers or desks. b. All employees coming in possession of found, recovered, and or seized property, items for safekeeping, or evidentiary property shall record such property by completing a Property and Evidence Submission Form or receipt form before going off duty [CALEA 84.1.1 a., c.]. In addition, if the property is not returned to the owner, all employees shall deliver the property to Property and Evidence Division personnel as defined within this policy before going off duty [CALEA 84.1.1 b.]. When taking property other than contraband from a person, employees must complete a receipt. When collecting evidentiary property, employees are required to complete an incident report in all cases. (1) An exception to this policy is when evidence is being processed prior to submission to the evidence room. The evidence shall be documented by a Property and Evidence Submission Form and routed to the Property and Evidence Division. With supervisor approval, evidence can be processed for investigative purposes in the secured lab in the Criminal Investigation Division (CID). c. The department recognizes exceptional circumstances may be present during which property might not be submitted to the Property and Evidence Division before an employee goes off duty. In such circumstances, in order to preserve the proper chain of custody, the employee shall notify their supervisor, who will ensure another employee maintains the property in question until such time it can be presented to Property and Evidence Division [CALEA 84.1.1 b.]. d. Mailing evidence: On rare occasions, it becomes necessary for an employee to mail property and/or evidence directly to a forensic laboratory and/or to another source. When that occurs, the employee shall adhere to the following procedure: (1) A supervisor must authorize the direct mailing of property/evidence. 84.1.1 Property Management; Acquired & In -Custody Page 2 of 11 (2) The employee shall complete a Property and Evidence Submission Form and submit it to Property and Evidence Division personnel. (3) The employee shall properly package and seal the property/evidence before taking the property/evidence to a postal facility. (4) The employee shall mail the property/evidence by certified mail, with a return receipt requested. The employee shall complete a US Postal Service PS Form 3811 (green Domestic Return Receipt card) and ensure the Article Number from the associated PS Form 3800 (white and green Certified Mail Receipt) is recorded on the card. The employee shall write his/her name and badge/employee number, as well as the corresponding case number, on the card. (5) The employee shall complete the Certified Mail Receipt and ensure the postal employee date stamps the receipt for the associated case file. (6) When the signed Domestic Return Receipt card is returned to the police department, the employee shall secure the card with the associated case file or evidence submission sheet. [CALEA 83.3.2] 2. Submission of Evidence: FPD personnel, with regard to all evidence, lost and found property, seized property, and items retained for safekeeping or investigations will follow these guidelines [CALEA 84.1.1 d.]: a. Properly package each item; b. Each item of evidence should be placed in its own appropriate container; (1) When it becomes necessary for Property and Evidence Division personnel to repackage, or consolidate multiple items of evidence into one package, a new seal shall be applied and initialed. c. Items with blood and/or other bodily fluids shall be air dried to prevent cross contamination before being properly packaged; d. Certain types of items require additional security measures while stored in evidence. For that reason, the following items shall be packaged separately [CALEA 84.1.1 e.]: (1) Narcotics/drugs; (2) Firearms; (3) Money; and (4) Jewelry. e. Narcotic and dangerous drug evidence (capsules, pills, etc.) shall be counted or weighed by the submitting employee. The substance will then be sealed in a tamper -proof protective packaging and initialed by the employee on the seal. All drug evidence handled by the Fourth Judicial District Drug Task Force and FPD employees that needs a drug analysis shall have a Property and Evidence Submission Form completed prior to submission to the forensics laboratory. This form must be submitted to Property and Evidence Division personnel for entry into the record management system. f. Money: Any time money is inventoried or seized, it should be counted in front of the person(s) from whom it is being taken, and the "two person" rule shall apply. In other words, a minimum of two employees will count the money and sign both the receipt and the tally sheet. The money shall be packaged separately from other evidence items. The amount and denomination of the currency shall be recorded on a tally sheet. The tally sheet shall be completed prior to removing it from the point of seizure unless 84.1.1 Property Management; Acquired & In -Custody Page 3 of 11 there are articulable circumstances which make it practical to complete the tally sheet at another location. The tally sheet shall then be attached to a Property/Evidence Submission Form. g. Non -evidentiary perishable items, such as dairy products, fresh produce, meat, etc. shall not be submitted to the Property and Evidence Division. Officers shall consult with the property owner for alternative arrangements for the property, but if that is not possible, officers shall photograph and dispose of the property. Officers shall document any disposed of non -evidentiary perishable items in a police report. h. Properly label/identify each item on a Fayetteville Police Department Property and Evidence Submission Form; i. If submission occurs at a time when Property and Evidence Division personnel are not present, employees will secure the evidence in an evidence locker [CALEA 84.1.3 ] : (1) Over -sized property shall be secured in the department's large property/evidence lockers. (2) If submission of biological and deoxyribonucleic acid (DNA) related evidence requires refrigeration, employees will secure the evidence in the refrigerated evidence locker [CALEA 84.1.3]. j. In the event that Property and Evidence Division personnel are not present, and all of the above listed secure areas are in use, or items are too large for the secure areas, personnel are required to contact the on -call Property and Evidence Division employee. Personnel must wait for authorized Property and Evidence Division personnel to respond and secure the property. An exception to this is in arranging for another employee to take chain of custody by notification of a supervisor as previously stated in this policy. 3. Accountability: The utilization of property logs, property and evidence submission forms, inventories and other documents, shall ensure all records provide an up-to-date and correct accountability of found, recovered, items held for investigation, safekeeping and evidentiary property. The following information shall be either placed on a Fayetteville Police Department Property and Evidence Submission Form or recorded in the system by way of a receipt form or incident report for each item of evidence [CALEA 84.1.5]: a. Location of property within the department; b. Date and time property was received and subsequently released; c. Description, type and amount of property on hand; d. Chain of custody from the time property was received until final disposition shall be maintained by a Property and Evidence Submission Form, receipt form or incident report. There may be circumstances in which an item of property is not turned over to Property and Evidence Division personnel. These circumstances shall be documented in the incident report and the proper receipt form, for example: (1) Items returned immediately at the scene of collection; (2) Items sent to the forensics laboratory before it was entered as evidence (Property and Evidence Submission Form required); and (3) Items going to the Criminal Investigation Division and returned to owner. e. The date and results of all inspections, inventories, and audits of record. 84.1.1 Property Management; Acquired & In -Custody Page 4 of 11 f. On certain occasions, it may be necessary for someone other than Property and Evidence Division personnel to transport items back from the Arkansas State Crime Lab. On these occasions, the following protocols shall be followed: (1) The items along with the Arkansas State Crime Lab Evidence Return Transaction Receipt, should be delivered to Property and Evidence Division personnel. (2) Property and Evidence Division personnel will verify all items are present and will update the records management system. (3) In the event it is not possible to deliver those items directly to Property and Evidence Division personnel (items going directly to court etc.), the person transporting shall: a. Make the Property and Evidence Division personnel aware of the items being picked up, and their current location; and b. Provide Property and Evidence Division personnel with a copy of the Arkansas State Crime Lab Evidence Return Transaction Receipt; and c. Provide Property and Evidence Division personnel with receipt or documentation for any items not returned. (4) Property and Evidence Division personnel will update the chain of custody and storage location information in the records management system. 4. Property and Evidence Division Manager for Found, Recovered and Evidentiary Property: The Property and Evidence Division manager shall be designated as the property custodian, and he/she shall be held accountable for all property accepted by and stored in the department's property storage areas. 5. Receipt of Package Deliveries: Property and Evidence Division personnel are responsible for receiving all deliveries from forensic laboratories. An entry shall be made in the evidence tracking system indicating the receipt of the number of received packages. 6. Inspection and Right of Refusal: Property and Evidence Division personnel will inspect submissions to ensure items are properly packaged and submitted and have the right to refuse acceptance of any item submitted improperly. Property and Evidence Division personnel will notify the appropriate supervisor and make arrangements for the submitting officer to make the necessary corrections. C. Appointment of New Property and Evidence Division Manager - In the event a new Property and Evidence Division manager is appointed, a joint inventory with the new manager, a designee of the Chief of Police and the outgoing property manager, when possible and appropriate, shall be held to ensure proper documentation and accountability [CALEA 84.1.6 b.]. 1. The purpose of such an inventory shall be to guarantee the continuity of custody and ensure the system's integrity and property accountability. 84.1.1 Property Management; Acquired & In -Custody Page 5 of 11 2. The incoming Property and Evidence Division manager shall ensure all records are up-to-date and properly annotated. 3. All discrepancies shall be documented prior to the transfer of property accountability to the incoming Property and Evidence Division manager. D. Inspection and Inventory — 1. The Chief of Police shall require the Property and Evidence Division manager to conduct a semi-annual inspection of recovered and evidentiary property to ensure adherence to procedure [CALEA 84.1.6 a.]. This inspection shall verify the following: a. Department orders and directives concerning property management are being followed; b. Property is stored in such a manner as to protect it from damage and deterioration; c. Proper accountability procedures are being maintained; and d. Property having no further evidentiary value is being disposed of promptly. 2. The Chief of Police shall require an annual inventory of all property and evidence held by the police department. This inventory will be conducted by the Chief of Police or a designee not routinely or directly connected with control of the Property and Evidence Division [CALEA 84.1.6 c.]. This inventory may be conducted with the assistance of Property and Evidence Division personnel. 4. Unannounced inspections of the property storage areas are conducted when the Chief of Police so directs, at least once a year [CALEA 84.1.6 d.]: a. The Chief of Police shall appoint an individual and a time period to conduct spot inspections. b. Property accountability and security procedures shall receive primary attention during spot inspections. c. The majority of the spot inspection shall consist of a random comparison of records with actual property items, and shall include at least one item from the following categories: 1) Items considered "high risk" (firearms, jewelry, cash, and narcotics); 2) Items stored in off -site locations; 3) Items destroyed or marked for destruction; 4) Documentation of items currently located at the Arkansas State Crime Lab; 5) Documentation of items sold at public auction; and, 6) Documentation of items released to owner. 5. The Property and Evidence Division manager shall conduct an inventory whenever a change in Property and Evidence Division personnel occurs. 84.1.1 Property Management; Acquired & In -Custody Page 6 of 11 6. All personnel assigned to the Property and Evidence Division will be subject to quarterly random drug screening, as well as voice stress testing, polygraph testing, and/or drug screening for cause. E. Disposition of Found, Recovered, Seized, Safekeeping and Evidentiary Property [CALEA 84.1.1 g.] 1. Employees should attempt to identify the owners of found property and attempts shall be made to return found and recovered stolen property to its rightful owner(s) [CALEA 84.1.1 £]. Attempts to contact the owners of found and safekeeping property prior to destruction will be documented by Property and Evidence Division personnel. 2. Evidentiary property may be returned to the owner prior to the court case with written permission from the prosecutor, lead investigator, or judge. 3. Recovered or evidentiary property returned should be photographed when possible. This photograph should include the person receiving the item, or the item with a valid driver's license or government issued identification of the person receiving the item. 4. If the property in question cannot be returned to the owner, the Property and Evidence Division manager will obtain a court order to have property converted to departmental use, sold at auction or destroyed. [CALEA 84.1.7 NT] 5. The disposition of all property acquired through civil action or asset forfeiture shall be managed pursuant to legal authority [CALEA 84.1.8 NT]. 6. Evidentiary property may be checked out to employees for court purposes. A record of chain of custody will be maintained by the Property and Evidence Division manager. Employees are required to maintain the proper chain of custody with the evidence, return it to the Property and Evidence Division after court, and provide the Property and Evidence Division manager with written correspondence to account for any items taken by the court as exhibits [CALEA 84.1.1 g.]. 7. Evidentiary property may be checked out to employees for purposes of examination. A record of chain of custody will be maintained by the Property and Evidence Division manager. Employees are required to maintain the proper chain of custody with the evidence and return it to the Property and Evidence Division after examination. Employees may temporarily lock property in approved lockers/cabinets within the secured lab in the Criminal Investigation Division but must maintain sole control of the respective key [CALEA 84.1.1 g.]. F. Property / Evidence Disposition Forms 84.1.1 Property Management; Acquired & In -Custody Page 7 of 11 1. Employees will receive an Evidence Review Notification email on items seized for evidentiary purposes and for found and safekeeping property. 2. Employees are required to research and update the disposition of the property and evidence within twenty-one (2 1) days. 3. Employees will utilize the Standard Operating Procedure (SOP) Washington County Cir-e it Clefk and Probate Couft's website outlined in General Order #07 (Evidence Disposition Forms) to check the disposition of the case if the item is seized in connection with a case assigned to the Washington County Circuit Courts. 4. Employees will utilize Virtual Justice software to gain access to the Fayetteville District Court's computer system to check the disposition of the case if the item is seized in connection with a case assigned to the Fayetteville District Court. G. Incineration Disposal Procedures 1. Items scheduled for final disposal by incineration will be stored in the destruction items storage area. 2. The Property and Evidence Division Manager will obtain a court order for disposal of those items. 3. Items will remain active in the records management system until final disposal scan. 4. Upon final disposal scan, the items for incineration will be consolidated into large containers, sealed, and initialed. 5. If the sealed and initialed containers cannot be immediately transported to the incineration facility, the Property and Evidence Division Manager shall secure the containers inside of the destruction items storage area until transportation to the incineration facility. 6. Final disposition scan shall be conducted no more than one (1) day prior to transport. 7. Items for incineration shall be transported by at least two (2) FPD employees authorized by the Chief of Police or his/her designee. H. Evidence Not to Be Destroyed: 1. Felony evidence listed below shall not be disposed of: a. Homicide (solved or unsolved), unless there is an order from the court that is signed by the judge authorizing the disposal of evidence; b. When a suspect is incarcerated, and an appeal is possible; c. When there is no suspect, and the statute of limitations has not yet run; d. When the evidence is part of a suspected serial crime; or e. When directed to retain the evidence by a department supervisor, prosecutor, or court order. 2. Misdemeanor evidence listed below shall not be disposed of: a. Property that has not yet been held past the 30-day appeal period after the final disposition has been entered; or 84.1.1 Property Management; Acquired & In -Custody Page 8 of 11 b. The statute of limitations has not yet run. I. Training Aids [CALEA 84.1.41 - Narcotic detection training for police canines is vital to ensure the success of the canine program. The following procedures will be adhered to in order to ensure strict and correct accountability of narcotic training aids. 1. Each canine handler or trainer will check out narcotic training aids from the Property and Evidence Division as needed. The Property and Evidence Division manager will maintain records of these transactions as detailed below: 2. Training aids shall be packaged and prepared by Property and Evidence Division personnel in the following manner: a. The substance will be weighed and contained in a double heat -sealed plastic package; b. The package will contain a clearly visible label identifying the substance, its weight, the date and time of packaging and the signature of the Property and Evidence manager and witness; and c. The label will have a specific training aid number unique to each training aid package. 3. Property and Evidence Division personnel will issue narcotics for use as canine training aids. a. Property and Evidence Division personnel will use seized narcotics that have been adjudicated by the court and will obtain a court order for the conversion of the seized narcotics for the department use as a canine training aid; or b. The narcotics will be obtained through the Drug Enforcement Administration. 4. The narcotic training aids should be removed from use in training and replaced as needed. 5. A logbook will be created by the Property and Evidence Division manager and will be utilized to maintain a record of the training aid packages: a. It shall be the canine handler or trainer's responsibility to provide narcotic training aids for inspection to Property and Evidence Division personnel at least once every 30 days. Each package will be detailed in the logbook indicating the substance, training aid number and handler to whom the item is checked out. b. Each package logged out to the canine handler or trainer will be checked against the logbook entry and for any apparent tampering or damage. c. Property and Evidence Division personnel will sign and note the date and time of the inspection for each entry in the logbook. d. Property and Evidence Division personnel will fully inspect the training aid packages to ensure their integrity. If any questions arise in reference to this inspection, the training aids will be logged into evidence and the canine supervisor will be notified. e. If Property and Evidence Division personnel suspect the training aids to have been tampered with or if they are missing, the patrol captain will be notified immediately and will cause a complaint to be filed with the Office of Professional Standards. 84.1.1 Property Management; Acquired & In -Custody Page 9 of 11 f. If the packaging appears to have minor damage but the integrity is intact, Property and Evidence Division personnel will repackage the training aid and notify the patrol captain. J. Issuance of Controlled Substances for Investigative Purposes [CALEA 84.1.41 — There exists occasions where the Fayetteville Police Department Property and Evidence Division is called upon to issue controlled substances to officers for investigative purposes. The following procedures will be adhered to in order to ensure strict and correct accountability. 1. Prior to the request of issuance of controlled substances, the requesting parties are to have reviewed and processed adjudicated cases in order to locate suitable controlled substances: a. A court order shall be obtained authorizing the conversion for investigative purposes. b. The court order must be presented to Property and Evidence Division personnel. 2. Property and Evidence Division personnel will abide by the following upon issuance of controlled substances: a. Property and Evidence Division personnel must review and accept the governing court order. b. Property and Evidence Division personnel will release controlled substances to requesting officers by way of a receipt and must detail types of substances, number of packages, and their weights and/or quantity and specific pill count. c. Property and Evidence Division personnel will oversee and govern any required repackaging of the original evidence. d. Property and Evidence Division personnel must complete a chain of possession in the department's computer operating system under the original entry and make notation in documents detailing the information on the receipt. e. Property and Evidence Division personnel will place a copy of the respective court order and receipt with the original submission form. 3. Property and Evidence Division personnel will abide by the following upon return of controlled substances when investigative purposes are completed: a. Property and Evidence Division personnel will inspect the returned controlled substances by sight, weight, and count and conduct a comparison to issuance records. b. Property and Evidence Division personnel will report any discrepancies involving issuance and returned items to their supervising captain. c. Property and Evidence Division personnel will make notation of returned items under the original entry documenting case information. d. Property and Evidence Division personnel will enter controlled substances into corresponding new case numbers created by the investigations for future tracking purposes. K. Storage of Property, Found, Recovered, Seized, Safekeeping, Investigations and Evidentiary Property [CALEA 84.1.1 e.] 84.1.1 Property Management; Acquired & In -Custody Page 10 of 11 1. Storage: All property stored by the department shall be held in designated secure areas [CALEA 84.1.2]. Items of in -custody property that, by their very nature, require extra security shall be stored in separate and locked locations within the evidence room, i.e. narcotic and dangerous drugs, firearms, money and distinguishably expensive jewelry [CALEA 84.1.1 e.]. 2. Currency for Deposit: The Property and Evidence Division manager or his/her designee has the authority to deposit currency. The original package of currency must be opened and the amount verified with a tally sheet initialed by two members of Property and Evidence. A member of the Property and Evidence Division shall take the tally sheet and currency to the City of Fayetteville Business Office for deposit and receipt. The receipt and ledger must be maintained by Property and Evidence Division personnel [CALEA 84.1.1 e.]. 3. Access: Access to all recovered and evidentiary property storage areas will be strictly limited to authorized personnel to prevent the alteration, unauthorized removal, theft, or other compromise of property stored by the department [CALEA 84.1.2]. 4. Perishable Items: All perishable items of evidence, such as blood or urine specimens, shall be stored in a secure refrigerator in the evidence room whenever possible so their properties will be as unchanged as possible before they are examined in a laboratory or presented in court. 5. Vehicles or Other Large Items: All vehicles or other large items seized as evidence in drug investigations or other felony crimes shall have a Property and Evidence Submission Form completed and turned in to Property and Evidence Division personnel. Property and Evidence Division personnel will arrange to have the vehicle or other large items secured in the department authorized o€fon- site facility. 6. The lieutenant in the Criminal Investigation Division is required to conduct an annual audit of all untested sexual assault collection kits and any associated evidence stored at the police department. The lieutenant shall report the information to the Arkansas State Crime Laboratory before December 31 of each year. 7. The FPD will not store explosives or incendiary devices in the Property and Evidence Division. Officers must contact their supervisor in incidents where explosive material or incendiary device(s) are located. Refer to FPD 47.1.13 (Bomb Threats and Explosive Devices [CALEA 84.1.2]. 84.1.1 Property Management; Acquired & In -Custody Page 1 1 of I I quo CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 29, 2024 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: October 15, 2024 SUBJECT: Police Department Policies CITY COUNCIL AGENDA MEMO RECOMMENDATION: Staff recommends the Fayetteville City Council approve a resolution adopting amendments to Fayetteville Police Department policies 1.2.3 Unlawful and Improper Bias - Based Profiling/Policing Prohibited, 1.2.4 Domestic Abuse, 1.3.1 Use of Force, 22.3 Secondary Employment, 26.1.1 Disciplinary Matters & Awards Procedures, 41.2.11 Use of Department Vehicles, 41.2.8 Vehicular Pursuit, 41.2.17 Canines, 44.1.1 Juvenile Operations, 46.2.1 Emergency Response Team, 48.1.1 Next of Kin Notification, and 84.1.1 Property Management; Acquired and In -Custody. BACKGROUND: The Fayetteville Police Department (FPD) is in the process of reviewing and updating policies to ensure they align with current accreditation standards and best practices. These policies provide employees with the necessary tools and guidance to make informed decisions in complex situations, reducing the pressure to rely solely on personal judgment in uncertain situations. FPD policies help promote accountability, which helps build trust and transparency between our agency and the community. DISCUSSION: Fayetteville Police Policy 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited is an existing policy that contains changes to meet updated training practices and updated state statutes. Fayetteville Police Policy 1.2.4 Domestic Abuse is an existing policy that contains changes to meet updated practices and state statutes. Fayetteville Police Policy 1.3.1 Use of Force is an existing policy that contains changes to meet changes in department practices. Fayetteville Police Policy 22.3 Secondary Employment is an existing policy that contains changes to meet updated insurance policy requirements and department practices. Fayetteville Police Policy 26.1.1 Disciplinary Matters & Awards Procedures is an existing policy that contains changes to meet updated department practices and structure. Fayetteville Police Policy 41.2.8 Vehicular Pursuit is an existing policy that contains changes to meet updated department structure. Fayetteville Police Policy 41.2.11 Use of Department Vehicles is an existing policy that contains changes to meet updated department practices. Fayetteville Police Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Policy 41.2.17 is an existing policy that contains changes to meet updated department practices and protocols. Fayetteville Police Policy 44.1.1 Juvenile Operations is an existing policy that contains changes to meet updated department practices and protocols. Fayetteville Police Policy 46.2.1 Emergency Response Team is an existing policy that contains changes to meet updated department structure, practices and protocols. Fayetteville Police Policy 48.1.1 Next of Kin Notifications is an existing policy containing changes to meet updated department practices. Fayetteville Police Policy 84.1.1 Property Management; Acquired & In -Custody is an existing policy containing changes to meet updated department practices. These policies are attached to the agenda packet, and all changes to these existing policies have been highlighted for review. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. Attachments: SRF 2024-641 Fayetteville Police Policy 1.2.3 Unlawful and Improper Bias -Based Profiling/Policing Prohibited Fayetteville Police Policy 1.2.4 Domestic Abuse Fayetteville Police Policy 1.3.1 Use of Force Fayetteville Police Policy 22.3 Secondary Employment Fayetteville Police Policy 26.1.1 Disciplinary Matters & Awards Procedures Fayetteville Police Policy 41.2.8 Vehicular Pursuit Fayetteville Police Policy 41.2.11 Use of Department Vehicles Fayetteville Police Policy 41.2.17 Canines Fayetteville Police Policy 44.1.1 Juvenile Operations Fayetteville Police Policy 46.2.1 Emergency Response Team Fayetteville Police Policy 48.1.1 Next of Kin Notifications Fayetteville Police Policy 84.1.1 Property Management; Acquired & In -Custody Received From: Jon Haydon 11/05/2024 1:21PM FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 44.1.1 Juvenile Operations Effective Date: octobeFzzA�' Reference: 44.2.4, Ikvenile Justice and Delinquency Prevention JDPA) Reauthorization 201 Version: 6 7 CALEA:44.1.1, 44.2.2, 44.2.1, 1.2.5, 41.2.6, 44.2.3, 61.1.2 No. Pages: 7 I. PURPOSE The purpose of this directive is to establish policies concerning the department's juvenile programs and the processing of juvenile offenders and victims [CALEA 44.1.1]. Officers of the Fayetteville Police Department (FPD) must recognize that juveniles may not understand their rights, formal police procedures, and may need parental guidance to make some decisions. When encountering a juvenile in any law enforcement capacity, it is of the utmost importance for officers to have patience and understanding of the juvenile's limited knowledge, to consider a juvenile's intelligence, educational background, their understanding of the circumstance, mental capacity and other factors that include nervousness, physical condition, injuries and trauma. II. DEFINITIONS A. Custodial interrogation refers to express questioning, normally associated with detention, arrest and custody that an officer should know are reasonably likely to elicit an incriminating response. Officers shall have a parent or guardian present and Miranda warning shall be read prior to a custodial interrogation. B. Non -custodial interview is a voluntary encounter with an officer to obtain statements from complainants, witnesses, victims and suspects. For the purpose of this policy, a parent or guardian does not have to be present during a non -custodial interview of a juvenile. III. POLICY A. ORGANIZATION AND ADMINISTRATION - The Fayetteville Police Department is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency and victimization. 1. The Fayetteville Police Department shall maintain an investigative division with specializations associated with juvenile matters, this division will fall under the command of the Criminal Investigation Division (CID). 2. The responsibility of juvenile operations and delinquency prevention efforts is to be shared by all agency personnel and not just limited to the responsibility of 44.1.1 Juvenile Operations Page 1 of 7 CID. In particular, all patrol officers should familiarize themselves in proper handling of juvenile problems, both criminal and non -criminal. The Fayetteville Police Department will strive to maintain a working relationship with other elements of the juvenile justice system, namely the Washington County Juvenile Court and the Washington County Prosecutor's Office. 4. Additional resources for juvenile operations are the school resource officers in the Special Operations Division (reference can be made to FPD 44.2.4). B. OPERATIONS 1. Encountering Abuse and Neglect: a. Any time an officer encounters a juvenile who has been exposed to neglect or abuse, the officer shall report the neglect and or abuse to the Arkansas State Police Hot Line. Contacting the local Department of Human Services (DHS) office or a local DHS employee does not fulfill the obligation of reporting to the hot line. 2. Taking Juvenile Into Custody - When encountering juveniles, personnel of the Fayetteville Police Department shall ensure the constitutional rights of juveniles are protected in all types of situations [CALEA 44.2.2 c.]. Personnel will follow the following procedures for taking a juvenile into custody. Protecting a juvenile in immediate danger is of the utmost importance. A juvenile may be taken into custody without a warrant for the following: a. Pursuant to an order of the court under Arkansas Code § 9-27-301 (Act 273 of 1989); or b. By a law enforcement officer without a warrant under circumstances as set forth in Arkansas Rules of Criminal Procedure 4.1 (also see Policy 1.2.1); or c. By a law enforcement officer or by a duly authorized representative of the DHS if there are clear, reasonable grounds to conclude that the juvenile is in immediate danger and that removal is necessary to prevent serious harm from his/her surroundings or from illness or injury and if parents, guardians, or others with authority to act are unavailable or have not taken action necessary to protect the juvenile from the danger and there is not time to petition for and obtain an order of the court prior to taking the juvenile into custody. Evidence that the juvenile has already been harmed should be another factor in determining custody [CALEA 44.2.2 b.]. d. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b.]. e. When taking a juvenile into custody for protection, the officer is required to report the protective custody situation to the Arkansas State Police Hotline. The officer must arrange for the transfer of custody to the DHS during the hotline call and may also need to coordinate with additional correspondence with the DHS [CALEA 44.2.2 b., d.]. 44.1.1 Juvenile Operations Page 2 of 7 f. When a juvenile is taken into custody, the officer should always attempt to make contact with the parent(s) or legal guardian and advise them of the situation [CALEA 44.2.2 e.]. 3. Alternatives to Arrests of Juveniles for Delinquent Acts — When encountering juvenile offenders, officers shall use the least coercive among reasonable alternatives. Officers making contact with a juvenile who has committed a delinquent act which does not involve a victim, (such as loitering, etc.) or an act whose victim does not wish to press charges may use alternatives to arrest [CALEA 44.2.1 a.]. a. For minor violations that do not include a victim, officers have the discretion to make an outright release with no further enforcement action [CALEA 44.2.1 a.]. b. Alternatives to arrest include: verbal warning, referral to a school resource officer or other juvenile services options, conference with the juvenile's parent(s) or guardian, report and referral to Washington County Prosecutor's Office Juvenile Division, or report and referral to Washington County Juvenile Court [CALEA 44.2.1 d.]. c. If alternatives to arrest are employed or referral to another agency for service or diversion is made, it is not necessary to contact any officials with the juvenile court system [CALEA 44.2.1 c.]. 4. When encountering juveniles, officers shall determine if a juvenile has engaged in a non -criminal misbehavior status offense. If the offense is non -criminal, officers should employ one of the following non -arrest options [CALEA 44.2.2 a.]: a. Advice to the juvenile on the situation; b. Verbal warning; c. Determination to make a later referral to a school resource officer or juvenile court; or d. A conference with the juvenile's parent or guardian. 5. Investigation of Juvenile Non -Custodial Interview [CALEA 44.2.3] a. An officer can conduct a non -custodial interview with a juvenile if the officer does not have probable cause to believe the juvenile committed the criminal offense, he/she is being questioned about, and the juvenile is not being detained. b. Non -custodial interviews may include, but are not limited to: 1) victim interviews, 2) witness interviews, and 3) field interviews. c. If the officer develops probable cause a juvenile committed a crime, the officer shall follow the protocol for Investigation of Juvenile Offender — Custodial Interrogation in section 9 of this policy (Arkansas Code Annotated 9-27-317). d. Officers shall consider the juvenile's limited knowledge, intelligence, educational background, their understanding of the circumstance, mental 44.1.1 Juvenile Operations Page 3 of 7 capacity, age, or other factors or influences experienced by the juvenile in all non -custodial interviews. 6. Detention of a Juvenile a. Officers do not need to notify the parent or guardian of a juvenile if he/she is being detained and being warned or ticketed at the scene of a traffic collision or a traffic stop. If the juvenile is arrested, officers shall follow the protocol for taking a juvenile into custody. b. Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a potential witness to a criminal offense, he/she may stop that juvenile. The detention shall in all cases be reasonable and shall not exceed fifteen minutes (Arkansas Rules of Criminal Procedure 3.5) In these instances, the officer shall do the following: 1) Identify yourself as an officer; 2) Explain the reason for the stop; 3) Request the juvenile's name and address; and 4) Request information regarding the offense; c. A law enforcement officer lawfully present in any place may, in the performance of his/her duties, stop and detain any juvenile who he/she reasonably suspects is committing, has committed, or is about to commit a felony, or a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the juvenile or to determine the lawfulness of his conduct. An officer acting under this rule may require the juvenile to remain in or near such place in the officer's presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the juvenile detained shall be released without further restraint or arrested and charged with an offense (Arkansas Rules of Criminal Procedure 3.1 and Arkansas Code Annotated 9- 27-317). 7. Taking a Juvenile into Custody - With or Without a Warrant a. No jtwenile shall be inear-eer-ated in the Washington Gou+Ay jail. An exeeption to this is aff-er-ded to pr-eseetttor-s ttader state law, when ehafging jtweniles as adults [G n T E n 4 4.2.2 c.+ Juveniles alleged tolhave committed status offenses (e.g. runaways, truancy, underage drinking, minor in possession of alcohol or tobacco, etc.), are non -offenders (e.g. did not commit a status offense, are dependent and neglected, and/or are in need of mental health services), and/or were arrested on a warrant where the original M offense was a status offense shall not be locked inside FPD interview rooms [JJDPA, Section 223]. In these circumstances, officers shall: 1) Place the juvenile in the Patrol Division Conference Room, which does not have a lockable door and does not have security video cameras. 2) Employees shall bring the juvenile to the conference room through the secured portion of the building or parking lot, and shall avoid 44.1.1 Juvenile Operations Page 4 of 7 using the sally port and processing area to eliminate the possibility of contacting an adult offender. 3) Juveniles in the conference room shall be under constant supervision. 4) Officers are not required to complete the Juvenile Interview Logbook when juveniles are placed in the conference room. b. Juveniles may be locked inside interview rooms when they are alleged to have committed a delinquent offense (e.g. burglary, breaking or enter, homicide, etc.) or when the juvenile has allegedli committed a status offense and a valid court order directs the juvenile to be held in secure detention ILLDPA, Section M. c. Any time a juvenile is locked inside an FPD interview room, the information about the juvenile and the details about the detention must be recorded in the Juvenile Interview Logbook. d. Juveniles must be processed and released by orders of the appropriate authority (e.g. juvenile intake, prosecutor, warrant, or judge) within six hours IJJDPA, Section 223]. 1) The six -hour window begins when the juvenile is arrested and placed inside a police vehicle for transport. 2) The "process" time is the totality of time it takes to transport, interview, and complete paperwork for the juvenile and/or the arrest. The time does not stop until the juvenile is transferred to another facility or released to a parent/guardian. e. While a juvenile is in FPD custody, he/she must be separated from adult offenders b si ht and sound, and must remain under continuous supervision f. The officer should always attempt to make contact with the parent(s) or legal guardian of any juvenile taken into custody and advise them of the situation [CALEA 44.2.2 e.]. g. When a juvenile is arrested and taken into custody the officer should contact the juvenile intake officer of the Washington County Juvenile Court to discuss terms and conditions of release or detention. Officers will follow the direction of the juvenile intake officer of the Washington County Juvenile Court who will decide if the juvenile is to be released to a parent/guardian or is to be taken to the Washington County Juvenile Detention Center. If the intake officer directs the juvenile to the detention center, the officer will take the juvenile to the detention center without delay, unless the juvenile is in need of emergency medical treatment. If the juvenile is in need of emergency medical treatment, officers will follow FPD 71.1.1. At that point, the juvenile's medical care will receive priority. The intake officer of Washington County Juvenile Court should be notified of the juvenile's condition and assist in determining how the juvenile is to remain in custody during medical treatment or make additional release determinations [CALEA 44.2.2 d.]. h. Juvenile requirements are set forth in Arkansas 9-27-320, and requires when a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. These processes will commonly be completed during booking at the Washington County Detention Center [CALEA 1.2.5]. 44.1.1 Juvenile Operations Page 5 of 7 i. No juvenile shall be incarcerated in the Washington County Jail. An exception to this is afforded to prosecutors under state law, when charging juveniles as adults [CALEA 44.2.2 c.]. j. An alternative to taking a juvenile into custody is release of the juvenile through the use of a uniform traffic ticket/citation or an Arkansas Criminal Citation [CALEA 44.2.1 b.]. If the juvenile is to be released on a traffic violation that would go through Fayetteville District Court, it is not necessary to obtain the authorization of the Washington County Juvenile Court Intake Officer. However, if the juvenile is to be released on a criminal violation that would go through Washington County Juvenile Court, the intake officer should be contacted [CALEA 61.1.2 a.b.]. k. Traffic Offenses - If a juvenile is taken into custody for a warrant on a traffic offense from another jurisdiction, the jurisdiction which issued the warrant should immediately be contacted to determine conditions for release. If the juvenile cannot be immediately released, the juvenile detention center should be contacted [CALEA 44.2.2 d., 61.1.2 a.b.]. 1. Jiveniles—dal ve eemm=t=ted status--e€€en (e.g. ays,tPdanc under -ago dr-i king, min n of aleehol ortebaeee, ete.`�eneff,ender-s (e.g. did -n-At effim --- mit. -A status -offense, are dependent and - , a are in need of newal health sen4ees)), an&er- were —affect waffant where the original off-ense was a status offense shall not be le inside FPD iwen,iew. In these eir-eumstanees, effieer-s shall: does not have —a leekable dew -and does not have see„rvideo 8. Taking a Juvenile into Custody - Protective Reasons a. An officer may take into custody any "Dependent -neglected juvenile". "Dependent -neglected juvenile" means any juvenile who as a result of abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness is at substantial risk of serious harm. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law under Title 12-12-516. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b., 41.2.6]. b. Any officer taking a juvenile into custody as a "Dependent -neglected juvenile" should immediately contact the Washington County Department of Human Services. Custody of the juvenile will then be transferred to the Washington County Department of Human Services. c. Any officer shall take possession of a child who is thirty days old or younger if the child is left with or voluntarily delivered to the Fayetteville Police 44.1.1 Juvenile Operations Page 6 of 7 Department by the child's parent(s) who does not express an intent to return for the child. The law enforcement officer shall take the child into protective custody for seventy-two hours under the Arkansas Child Maltreatment Act. The law enforcement officer shall immediately notify the Division of Children and Family Services of the Department of Human Services. 9. Investigation of Juvenile Offender- Custodial Interrogation [CALEA 44.2.3] a. Officers of the Fayetteville Police Department must understand that just like adults, juveniles must be afforded certain constitutional rights in respect to Miranda rights. When a juvenile is taken into custody for a delinquent act or criminal offense, a juvenile may invoke his or her right to speak to a parent or guardian in addition to standard Miranda. An officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile indicates in any manner that he or she does not wish to be questioned [CALEA 44.2.3 a.]. b. During a custodial interrogation, the juvenile's parent or guardian must be present in the building; the parent or guardian must be aware the juvenile waived his/her rights; the parent or guardian must have had the chance to speak with the juvenile about the waiver and the parent or guardian shall sign the waiver before an investigator questions a juvenile in custody. Officers should ensure that both the juvenile and the parent or guardian understand the consequences of the waiver or right to counsel. The juvenile and the parent or guardian must be informed of the alleged delinquent act (Arkansas Code Annotated 9-27-366) [CALEA 44.2.3 b.]. c. When questioning a juvenile in custody for a delinquent act or criminal offense, officers shall provide the juvenile his/her rights using the Juvenile Waiver of Right to Counsel form and answer any questions that may ensure the juvenile understands his/her rights. Officers should refer to Arkansas Statute 9-27-317 that governs Questioning of a Juvenile. If the juvenile wishes to consult counsel before submitting to any questioning, an officer shall not question a juvenile unless counsel is provided and present [CALEA 44.2.3 a.]. d. No waiver of the right to counsel shall be accepted in any case in which the parent, guardian, or custodian has filed a petition against the juvenile, initiated the filing of a petition against the juvenile, or requested the removal of the juvenile from the home. e. The duration of the custodial interrogation, officers or detectives conduct will be reasonable in length. Officers and detectives must understand that the voluntariness of the juvenile's statement will be judged by the totality of the circumstances which may involve a review of several factors: Officers should take into consideration the age, intelligence, educational background, psychological state of the juvenile, mental capacity, including whether the defendant is nervous, physical condition and if an officer with training in youth matters is available or present. Officers should consider the juvenile's prior experience in the criminal system, whether the juvenile is suffering from any injury or pain at the time the statement is given, the time of day, any length of confinement, and whether the juvenile is tired and is desirous of sleep. 44.1.1 Juvenile Operations Page 7 of 7 f. During the custodial interrogation, the juvenile should not normally be handcuffed unless they are a danger to themselves or others. Juveniles should not be threatened with bodily harm or made promises of leniency for cooperation. g. During custodial interrogation of the juvenile at the Fayetteville Police Department, officers shall not enter the interview room with their firearms but may retain possession of other less -lethal weapons. Firearms shall be locked in departmental provided lock boxes. During the custodial interrogation, there shall be no more than one suspect and two investigators in the interview room. An exception to this rule is that suspects are afforded legal representation, or accompanied by a parent, guardian, or other representative. h. Officers/detectives conducting custodial interrogations should ensure that the juvenile is afforded adequate access to restrooms, water, and breaks. i. Officers/detectives should ensure the juvenile is familiar with English prior to conducting the custodial interrogation. If the juvenile is not familiar with English and speaks another language, officers/detectives should make arrangements for an interpreter or arrange for an officer to conduct the interrogation in the juvenile's language. j. Juveniles who are in the custody of the Department of Human Services, including the Division of Youth Services of the DHS, must be represented by their attorney ad litem before they can be questioned by police. 44.1.1 Juvenile Operations Page 8 of 7