Loading...
HomeMy WebLinkAbout299-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 299-25 File Number: 2025-2539 A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 26.1.1 DISCIPLINARY MATTERS & AWARD PROCEDURES; 41.2.7 DEPARTMENT RESPONSE TO SUBJECTS WITH MENTAL HEALTH ISSUES; AND 61.2 COLLISION INVESTIGATION WHEREAS, the Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. NOW, THEREFORE, 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 Fayetteville Police Department policies 26.1.1 Disciplinary Matters & Award Procedures; 41.2.7 Department Response to Subjects with Mental Health Issues; and 61.2 Collision Investigation. PASSED and APPROVED on December 16, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2539 MEETING OF DECEMBER 16, 2025 TO:Mayor Rawn and City Council THRU: FROM:Mike Reynolds, Police Chief SUBJECT: Police Department Policies RECOMMENDATION: Staff recommends the approval of a resolution amending Fayetteville Police Department policies 26.1.1 Disciplinary Matters & Award Procedures, 41.2.7 Department Response to Subjects with Mental Health Issues, and 61.2 Collision Investigation. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. DISCUSSION: Fayetteville Police Policy 26.1.1 Disciplinary Matters & Awards Procedures is an existing policy that contains changes, including changing “officers” to “sworn personnel” to match CALEA standard language, and updates to conform to current practices and city policy. Fayetteville Police Policy 41.2.7 Department Response to Subjects with Mental Health Issues is an existing policy that contains changes to meet updated practices and state statutes. Fayetteville Police Policy 61.2 Collision Investigation is an existing policy that contains changes to meet updated practices and state statutes. BUDGET/STAFF IMPACT: These policies will not have any impact on the budget or staff at this time. ATTACHMENTS: 3. Staff Review Form, 4. Staff Memo, 5. Disciplinary Matters & Award Procedures 26.1.1 , 6. Department Response to Mentally Ill Subjects 41.2.7, 7. Collision Investigation 61.2 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2539 A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 26.1.1 DISCIPLINARY MATTERS & AWARD PROCEDURES; 41.2.7 DEPARTMENT RESPONSE TO SUBJECTS WITH MENTAL HEALTH ISSUES; AND 61.2 COLLISION INVESTIGATION WHEREAS, the Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. NOW, THEREFORE, 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 Fayetteville Police Department policies 26.1.1 Disciplinary Matters & Award Procedures; 41.2.7 Department Response to Subjects with Mental Health Issues; and 61.2 Collision Investigation.                !  "! #  $  %"%"! #      & #' & #   ( )   "  # *  !! "## $   % ! &'$   (#!#   )* * ( #   +,-   % . **/(#! #   %01  -" 2 " % . ) *    $ &  '#! ) * , %3%!0'%  1 3%!0 1 4  '#!  # +3 4  ,!  5% & 6 7 8#  , % 9 %! 6 7 ,$ 0 5% &,  ( -  # (+3 !  6 7 ( '#! "#.(   - #+3 5% &, 1% ! 6 7 !&5% &,  /- ( $# %& * / ($#   ( 0 - ! $# %& * "))   * $!  %& *  (* CITY OF FAYETTEVILLE 14'V ARKANSAS TO: Molly Rawn, Mayor FROM: Mike Reynolds, Chief of Police DATE: November 24, 2025 SUBJECT: Police Department Policies STAFF MEMO RECOMMENDATION: Staff recommends the approval of a resolution amending Fayetteville Police Department policies 26.1.1 Disciplinary Matters & Award Procedures, 41.2.7 Department Response to Subjects with Mental Health Issues, and 61.2 Collision Investigation. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. DISCUSSION: Fayetteville Police Policy 26.1.1 Disciplinary Matters & Awards Procedures is an existing policy that contains changes, including changing "officers" to "sworn personnel" to match CALEA standard language, and updates to conform to current practices and city policy. Fayetteville Police Policy 41.2.7 Department Response to Subjects with Mental Health Issues is an existing policy that contains changes to meet updated practices and state statutes. Fayetteville Police Policy 61.2 Collision Investigation is an existing policy that contains changes to meet updated practices and state statutes. BUDGET/STAFF IMPACT: These policies will not have any impact on the budget or staff at this time. Attachments: SRF 2025-2539, Staff Memo, Fayetteville Police Department Polices for December 16, 2025 Meeting. Mailing Address: www.fayetteville-ar.gov 1800 N Stephen Carr Memorial Blvd Fayetteville, AR 72704 26.1.1 Disciplinary Matters & Award Procedures Page 1 of 11 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 26.1.1 Disciplinary Matters & Award Procedures Effective Date: November 7, 2024 Reference: 1.3.1, 12.1.1, 26.1.2, 41.1.1, 52.1.1, HR-05 Version: 6 7 CALEA: 1.2.10, 22.4.1, 26.1.4, 26.2.4, 26.1.3 26.1.5 NT, 26.1.8 NT, 26.1.6 NT, and 26.1.2 NT No. Pages: 10 11 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]. 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 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 Warning: 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, 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 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 2 of 11 An employee who is suspended without pay or 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, the Deputy Chief of Police) outlining the noted performance deficiencies or policy violations and effective date of suspension or 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 shall be maintained indefinitely. All official personnel files are maintained by the City of Fayetteville’s Human Resources 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. 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 3 of 11 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 1. The following acts, infractions, or violations of the policies, procedures, and rules may be deemed sufficient cause for 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 failure to obey any lawful and reasonable direction given by a superior having authority to give such direction. e. 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. l. Making any false or unwarranted report, either publicly or otherwise, about a member of this department. m. 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 4 of 11 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. 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 shall not be tolerated. 26.1.1 Disciplinary Matters & Award Procedures Page 5 of 11 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 public while at work. 3. Unbecoming Conduct: Employees will shall 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 shall 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 The FPD is committed to maintaining a professional and ethical work environment. Workplace relationships can create conflicts of interest, perceptions of favoritism, or disruptions to operations. This policy ensures transparency and prevents conflicts that could compromise the integrity of the department. 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. 1. Employees involved in a dating, physical, sexual, or romantic relationship with another FPD employee must disclose the relationship by completing the Relationship Disclosure Form and submitting it to their direct supervisor. a. The supervisor must forward the Relationship Disclosure Form through the chain of command to the Chief of Police. 26.1.1 Disciplinary Matters & Award Procedures Page 6 of 11 b. The Chief of Police may consult with the Director of Human Resources if there is any concern regarding the existence of the dating, physical, sexual, or romantic relationship. c. Alternatively, the Chief of Police may require the Relationship Disclosure Form to be submitted directly to the City of Fayetteville Human Resources Department [HR- 05]. 2. Supervisor-subordinate relationships are strictly prohibited. a. Supervisors are strictly prohibited from engaging in any dating, physical, sexual, or romantic relationship with an employee within their chain of command. b. This includes direct supervision as well as any indirect supervisory relationships within the employee’s division or command structure. 3. If there is any question as to whether a relationship may or may not be permitted according to this policy or an employee’s chain of command structure, refer to FPD Policy 12.1.1 and the FPD organizational chart for clarification. 4. Employees who fail to disclose a workplace relationship as required by this policy shall be subject to disciplinary action, up to and including termination. a. Any supervisor found to be in violation of the prohibition against supervisor- subordinate relationships shall be subject to disciplinary action, up to and including termination. 5. Section E of this policy expands upon City Policy HR-05: Relationships in the Workplace. While HR-05 remains in effect, this section provides more detailed guidance specific to the Fayetteville Police Department. F. 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. 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 sworn personnel in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers sworn personnel shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs. 26.1.1 Disciplinary Matters & Award Procedures Page 7 of 11 G. 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 value less 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.). H. Use of Force 1. Refer to FPD Policy 1.3.1 (Use of Force). I. 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 Office of Professional Standards/Development Lieutenant will shall track damaged, lost, or stolen department issued equipment. 26.1.1 Disciplinary Matters & Award Procedures Page 8 of 11 d. A case report may be required if the lost or stolen item is law enforcement sensitive or could create a security risk. J.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 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 shall be made through the Awards Committee. The Awards Committee will shall 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 shall review all applications and make recommendations to the Chief of Police who has final authority on awards. Awards will shall 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. 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. 26.1.1 Disciplinary Matters & Award Procedures Page 9 of 11 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. l. 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. m. 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. 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? 26.1.1 Disciplinary Matters & Award Procedures Page 10 of 11 (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; (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? 26.1.1 Disciplinary Matters & Award Procedures Page 11 of 11 (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. 41.2.7 Department Response to Subjects with Mental Health Issues Page 1 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.7 Department Response to Subjects with Mental Health Issues Effective Date: November 10, 2020 Reference: FPD 1.3.1, FPD 71.1.1, A.C.A § 20-47-202, A.C.A § 20-47-204, A.C.A § 20-47-207, A.C.A § 20-47-210 Version: 4 CALEA: 41.2.7 No. Pages: 5 I. PURPOSE The purpose of this policy is to provide officers sworn personnel with effective resources for persons in need of mental health service and to provide information on legal and procedural requirements to assist them in providing the highest possible degree of service to this community. It is the practice of the Fayetteville Police Department (FPD) to protect emotionally disturbed persons from harming themselves or others. Officers Sworn personnel are likely to encounter subjects with mental health issues in the course of their daily activity. It is important to understand that subjects with mental health issues may require more time, different communication strategies, and unusual decision-making in order to effectively address the issues at hand. Effective strategies for dealing with this population must place priority on public safety, the needs of the community, and the requirements and rights of the individual [CALEA 41.2.7]. II. POLICY Officers Sworn personnel will shall make every effort to deal with subjects believed to have mental health issues in a manner that will provide maximum safety to themselves, the community, and the subject. When possible, an officer should have another officer present at all times when dealing with subjects believed to have mental health issues. Officers Sworn personnel will shall take steps to ensure such persons receive appropriate treatment to the extent possible (See flow chart on page 5). A. Recognizing Subjects with Mental Health Issues 1. Mental Illness: Arkansas A.C.A. § 20-47-202 (120) (A) defines "mental illness" as a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. A.C.A. § 20-47-202 (12) (B) states “mental illness” does not include impairment solely caused by: Epilepsy, intellectual or other developmental disability, continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substance such as alcohol or drugs. 41.2.7 Department Response to Subjects with Mental Health Issues Page 2 of 5 2. Behavioral Health Impairment: A.C.A. § 20-47-202 (22) defines “behavioral health impairment” as a substantial impairment of emotional processes, the ability to exercise conscious control of one’s actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions that interfere with one (1) or more activities of daily living. 3. Officers’ Sworn personnel’s decisions to hospitalize or deal with a subject with mental health issues informally should be based on the degree of symptoms being displayed. The warning signs or symptoms may include, but should not be limited to, the following [CALEA 41.2.7 a.]: a. Confused thinking b. Prolonged depression, including sadness or irritability c. Feelings of extreme highs and lows d. Paranoia, excessive fears, worries, and anxieties e. Dramatic changes in sleeping or eating habits f. Strong feelings of anger g. Delusions or hallucinations h. Suicidal thoughts i. Denial of obvious problems j. Numerous unexplained physical ailments k. Substance abuse l. Social withdrawal m. Threatening behavior B. Initial Contact Guidelines [CALEA 41.2.7 c.] 1. Initial Contact: Any person exhibiting signs of uncontrolled mental health issues may be experiencing the effects of a severe medical condition, a chemical imbalance, brain damage, the effects of narcotic use, or a combination of any/all of the above. a. Officers Sworn personnel should not attempt to diagnose symptoms. Officers Sworn personnel may be called upon to articulate any observations and to make sound decisions based on those observations. b. Officers Sworn personnel will shall always remember that any person, including a subject with mental health issues, can be dangerous. Additionally, violent subjects with mental health issues may not respond in a predictable manner when physical force is being used. They may not respond to painful stimuli as others would, and they may be unusually strong during an acute psychotic phase. 2. Gathering Facts: Gather information that will assist in making decisions and that may be used in a criminal or civil proceeding at some point. a. Information may come from the subject, friends, family, and witnesses. b. Valuable information may also be found when reviewing prescription medications or in conferring with the person’s psychiatric staff. 3. Officer’s Sworn personnel’s Evaluation of Subject: When an officer encounters a person whom he/she believes may need mental health care, the officer shall evaluate 41.2.7 Department Response to Subjects with Mental Health Issues Page 3 of 5 the person’s condition and determine an appropriate disposition of the person, in accordance with Arkansas A.C.A. § 20-47-204, Arkansas A.C.A. § 20-47-207, and Arkansas A.C.A. § 20-47-210. Officers Sworn personnel must first decide if, in their judgment based on training, experience, and input from mental health professionals and/or family members of the subject, the subject displays mental health issues AND is: a. A clear and present danger to him/herself; and/or b. A clear and present danger to others; and/or c. Gravely disabled (to the point that they can no longer take care of basic functions such as secure shelter, medicine, food, or basic hygiene); and/or d. Suffering a medical condition that causes a behavioral health impairment, including, without limitation, dementia, encephalitis, or delirium, such that he/she poses a clear and present danger to himself/herself, or others. 4. Unless the Subject willingly agrees to go to a treatment facility, and the above criteria are met, a custodial detention is required on the part of this department. a. Custody can either take the form of a physical arrest or protective custody. In the event of arrest, Officers sworn personnel shall complete a charging instrument (preliminary arrest form) with a listed violation of a state statute. b. Officers Sworn personnel SHALL NOT take a person into protective custody and place them in a jail setting without a chargeable offense. 5. Persons believed to be suffering from mental health issues that do not pose an immediate danger to themselves or others may receive the following services from this department: a. Employees can utilize Crisis Intervention Team (CIT) trained officers and/or the Crisis Intervention Response Team to provide assistance and additional resources [CALEA 41.2.7]. (1) CIT trained officers have additional specialized training in law enforcement response to people experiencing a mental health crisis. mental health issues and are able to assist people with mental health issues with acceptance to the Crisis Stabilization Unit (CSU). (2) The CIRT can assist individuals, families, and the community with determining appropriate levels of care for those experiencing mental health crises. They assist by conducting needs assessments, making recommendations for treatment, and developing care plans that identify resources for unmet social determinants of health. This includes education, food, household goods, healthcare, legal issues, social support, transportation, financial issues, housing, and employment. b. Transportation or direction to a local treatment facility for voluntary admission. Assistance in contacting supportive family, friends, and/or care providers. 41.2.7 Department Response to Subjects with Mental Health Issues Page 4 of 5 6. Transportation: Patrol units equipped with safety screens will shall be used to transport persons to treatment facilities. Officers Sworn personnel should refer to Fayetteville Police Department FPD Policy 71.1.1 for transportation guidelines. C. Involuntary Commitment 1. Arkansas A.C.A. § 20-47-207 states that a person shall be eligible for involuntary commitment if he or she is in such a mental condition as a result of mental health issues, disease, or disorder, or a medical condition that causes a behavioral health impairment, that he/she poses a clear and present danger to himself/herself or others. 2. State law requires any person placing a protective hold on another person to take that subject to a hospital or receiving facility for treatment (A.C.A. § 20-47-201210). 3. Involuntary Commitment: If an officer has personally witnessed a person’s behavior, which meets the criteria for involuntary commitment, received information from an interested citizen willing to seek a petition for involuntary admission, or upon the authorization of a Supervisor, the officer shall: a. Take the person into custody. This can either be through arrest if an actual crime has been committed or through protective custody, as detailed in Arkansas A.C.A. § 20-47-210. b. Transport the person to Washington County Jail or to the appropriate facility for screening and evaluation. c. Provide jail staff or the initial screener with as much information as possible about the person’s condition. d. Stay with the person until jail staff or hospital/treatment facility security arrives and a report is given to receiving personnel. (Officers Sworn personnel may use their discretion to stay in the hospital facility longer in cases when the subject is still violent and difficult to control.) e. Complete a charging instrument (preliminary arrest form) if an arrest has been made. f. Complete a petition for involuntary commitment and attach it to an informational report. (The petitioning officer must sign the affidavit.) g. Leave a copy of the petition and informational report in the CID mailbox CIRT office. CID CIRT personnel will shall be responsible for forwarding the reports to the Washington County Prosecutor’s Office. 4. Current hospital and treatment center protocol will be maintained and is available in the squad room and in the agency’s common drive. [CALEA 41.2.7 b.] 5. Note: If an officer has not witnessed behavior that would allow him/her to articulate under oath the need for involuntary commitment, but other adults have witnessed the behavior, those witnesses should be encouraged to file a petition for involuntary commitment with the Washington County Prosecutor’s Office. 6. Officers Sworn personnel may use a reasonable and appropriate level of physical force necessary to control and transport persons for the purpose of involuntary commitment or for the enforcement of a court order, in compliance with Fayetteville Police Department FPD Policy 1.3.1. D. Felony Arrest 41.2.7 Department Response to Subjects with Mental Health Issues Page 5 of 5 1. No petition for Involuntary Commitment is necessary in the case of a felony arrest. 2. Felony arrests may result in a court order requiring immediate confinement of a subject with mental health issues into the Act 911 Program. 3. In instances where crimes have been committed, particularly against other persons, an arrest is the preferred method of action: E. Interview and Interrogation [CALEA 41.2.7 c.] 1. Persons who are presently experiencing mental health issues may be interviewed and/or interrogated in reference to an investigation. 2. Officer safety must remain of paramount importance, and having a second officer observing the interview is preferable. F. Training 1. The Training Division Unit shall ensure that all employees shall receive documented entry-level and refresher training on applicable laws and handling persons suspected to have mental health issues. [CALEA 41.2.7 d.] 2. This documented refresher training shall occur annually and should include input/instructors from mental health professionals, mental health consumers, and law enforcement instructors. This training should be reviewed and updated annually [CALEA 41.2.7 e.]. Flow Chart for Department Response to Subjects with Mental Health Issues. Subject with Mental Health Issues Refer to Appropriate Policy/Procedure NOYES Danger to Self or Others Transport or Refer to Appropriate Services NOYES 41.2.7 Department Response to Subjects with Mental Health Issues Page 6 of 5 *An arrest should only occur if probable cause exists for a criminal offense. ARREST? FELONYMISDEMEANOR Arrest Documentation Only (No Petition to Commit) Arrest Documentation + Petition to Involuntarily Commit 61.2 Collision Investigation Page 1 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 61.2 Collision Investigation Effective Date: November 5, 2020 Reference: A.C.A. § 27-53-202 Version: 2 3 CALEA: 61.2.1 NT, 61.2.2 NT, 83.2.6, 83.1.1 No. Pages: 3 I. Purpose A. The purpose of this policy is to provide guidelines in the response and investigation of motor vehicle collisions. This policy shall apply to all members of the Fayetteville Police Department (FPD). II. Policy A. Officers Sworn personnel, using techniques to properly complete the investigation and report, will shall investigate traffic collisions occurring within the jurisdiction of the Fayetteville Police Department FPD. Officers should Sworn personnel shall conduct thorough, on-scene investigations whenever possible, of traffic collisions involving [CALEA 61.2.1 NT, 61.2.2 NT]: 1. Death or Physical Injury; 2. Property Damage to the extent of more than $1000 in excess of $3,000, or when either party requests a report damage (A.C.A. § 27-53-202). or when either party requests a report; Sworn personnel shall exchange driver’s license information, vehicle registration, and insurance carrier information between involved parties using the departmental collision exchange form. This exchange shall occur in all collisions regardless of reporting threshold. Sworn personnel shall exercise caution when estimating damage, as initial assessments may understate actual costs. When there is uncertainty, or if a driver requests a report, sworn personnel shall complete one. Failure to document a report when warranted may compromise liability determination, hinder insurance claims, or prevent proper investigation of associated offenses. If an officer remains uncertain whether a report is required, a supervisor shall be consulted prior to clearing the scene. a. Hit and Run; b. Traffic collisions involving impairment due to alcohol or drugs; c. Hazardous Materials; d. Disturbances between the parties involved; e. Damage to public vehicles or property; f. Major traffic congestion as a result of the collision; g. Damage to vehicles to the extent towing is required. 61.2 Collision Investigation Page 2 of 3 B. In most incidents, traffic collisions occurring on private property will not be investigated. Private property collision report forms will be made available in such cases. The following are incidents in which a report will shall be completed involving private property traffic collisions [CALEA 61.2.1 NT]: 1. Private property traffic collisions involving personal injury or impairment due to alcohol or drugs. 2. Private property hit and run traffic collisions in which viable suspect information is available. 3. Private property collisions involving substantial damage. 4. Private property traffic collisions involving city owned vehicles. 5. At the discretion of a supervisor. The private property collision report form will shall be utilized to document such incidents. C. Whenever a Fayetteville Police Department FPD vehicle is involved in a collision, the following shall occur: 1. Central Dispatch and a supervisor shall be notified immediately; 2. A supervisor will shall investigate the collision; 3. The supervisor may assign a collision reconstructionist to assist on collisions involving fatality, serious injury or are complex in nature. 4. The collision will shall be investigated by the appropriate agency if occurring outside the jurisdiction of the department, however, a supervisor, when possible, will shall respond to the scene; 5. The supervisor will shall submit a memorandum to the Patrol Captain detailing the collision. III. Procedure A. Officers will Sworn personnel shall respond as soon as practical to the scene of a collision. In less serious traffic collisions, officer response time will be influenced by the availability of officers sworn personnel. One or more officers will shall respond to traffic collisions of a serious or complex nature to investigate the collision, record short-lived evidence and restore the normal flow of traffic. B. Officer responsibilities at the collision scene [CALEA 83.2.6]: 1. The primary officer assigned to the call is in charge of the scene of a collision and subsequent investigation. This determination can be made by assignment from Central Dispatch, appointment by a supervisor, or by collaboration of officers sworn personnel at the scene. 2. Protect the collision scene and any physical evidence; 3. Identify injured persons and provide emergency medical care, to the extent possible, until emergency medical personnel can respond; 4. Identify and deal with fire hazards and/or hazardous material until fire department personnel can respond; 5. Establish traffic control; 6. Identify drivers involved in the collision, as well as witnesses, and obtain statements 61.2 Collision Investigation Page 3 of 3 to be included in the report; 7. Record collision information to include the possibility of taking measurements and photographs; 8. Exchange information among drivers; 9. Collect and preserve evidence; 10. Expedite the removal of vehicles, persons and debris from the collision scene; and 11. Ensure for the control of property belonging to victims. C. Traffic collisions involving death, serious physical injury or are complex in nature may shall be investigated by a departmental collision reconstructionist. A collision reconstructionist will shall be available to the Patrol Division twenty-four (24) hours a day. [CALEA 83.1.1] The supervisor will shall assign a collision reconstructionist in such events. The primary officer assigned to the original call will shall protect the collision scene and provide assistance as needed to the collision reconstructionist. The collision reconstructionist is responsible for the completion of all aspects of the collision investigation. 1. In collisions involving death or there is reason to believe death may result, the investigating officer shall cause blood to be drawn by qualified medical personnel for analysis for alcohol and/or narcotics. 2. In collisions involving other injury whereby the driver is taken to a medical facility and where probable cause exists to believe the driver might have been impaired due to alcohol and/or narcotics, the investigation officer shall cause blood to be drawn by qualified medical personnel for analysis. D. All traffic collisions occurring on public roadways will shall be documented on the prescribed state approved collision form and completed utilizing the preferred departmental reporting system. E. In the event a collision is reported after the vehicles have been moved from the scene: 1. A delayed collision report may be made available to the parties involved if there is property damage to the extent less than $1000 3,000 and no death, physical injury or impairment due to alcohol or drugs is involved. A supervisor will shall review delayed collision reports for completeness or to assign follow up investigation as deemed necessary. 2. If any of the conditions listed above do exist, an officer must complete a collision report on the state prescribed report form utilizing the preferred departmental reporting system. The officer should note the fact the collision was reported on a delayed basis especially when the delay affects the determination of cause. F. The nature of some traffic collisions may necessitate a follow-up investigation to obtain information that cannot be obtained at the collision scene. Follow-up investigation might include, but is not limited to: 1. Collecting off scene data such as additional information about the driver, pedestrians, vehicles etc.; 2. Obtaining/recording formal statements; 3. Reconstruction of the collision scene; 4. Processing reports to obtain criminal charges, if necessary; and 61.2 Collision Investigation Page 4 of 3 5. Court preparation.