Loading...
HomeMy WebLinkAbout2009-11-03 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville, Arkansas City Council Meeting November 3, 2009 A meeting of the Fayetteville City Council will be held on November 3, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: 1. Exchange Club Officer of the Year Award - Cory Roberts Presentations, Reports and Discussion Items: A. Consent: 1. Approval of the October 20, 2009 City Council meeting minutes. APPROVED 2. 2009 Bulletproof Vest Partnership Program: A resolution authorizing the Mayor to accept a Bulletproof Vest Partnership (BVP) Grant in the amount of$19,600.00 from the U.S. Department of Justice for replacement of bulletproof vests for police officers; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 218-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. Arkansas Democrat-Gazette, Inc.: A resolution to approve a contract with Arkansas Democrat-Gazette, Inc. for retail and classified advertising. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-09 4. Ozark Regional Transit: A resolution to approve an agreement with Ozark Regional Transit to use $387,500.00 for sidewalk, transit shelter and bench concrete pad construction and to approve a budget adjustment recognizing this revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-09 5. Fayetteville Animal Shelter Donation: A resolution approving a 2009 budget adjustment in the donation revenue balance of the Fayetteville Animal Shelter in the amount of$13,707.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-09 6. Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving and adopting amendments to the Fayetteville Police Department's Policies, Procedures & Rules Manual. This resolution was tabled at the October 6, 2009 City Council meeting to the October 20, 2009 City Council meeting. This resolution was tabled at the October 20, 2009 City Council meeting to the November 3, 2009 City Council meeting. This item was moved from Unfinished Business to the Consent Agenda at the October 27, 2009 Agenda Session. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-09 Agenda Additions: B. Unfinished Business: 1. Old Wire Annexation Appeal: An ordinance annexing that property described in annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the northwest corner of Old Wire Road and Rom Orchard Road, containing approximately 39 acres. This ordinance was left on the First Reading at the October 6, 2009 City Council meeting. This ordinance was left on the Second Reading at the October 20, 2009 City Council meeting. THIS ORDINANCE WAS TABLED TO THE NOVEMBER 17, 2009 CITY COUNCIL MEETING. C. Public Hearing: 1. Raze and Removal at 369 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Bobby E. York and located at 369 E. Center Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 D. New Business: 1. Waste Management Contract, Bid #09-61: A resolution awarding Bid #09-61 and approving a contract with Waste Management of Arkansas for hauling and disposal of municipal waste. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-09 2. 2010 Annual Budget & Work Program: A resolution adopting the 2010 Annual Budget and Work Program. THIS RESOLUTION WAS TABLED TO THE NOVEMBER 17, 2009 CITY COUNCIL MEETING. 3. Community Access Television, Inc.: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc. to operate the public access television channel throughout 2010. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-09 Announcements: 1. City Council Tour: None Adjournment: 7:05 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 City Council Meeting: November 3,2009 Adjourn: `a w CE Subject: Roll Petty Rhoads n ^ Ferrell � Lucas Poh , Lewis Gray Thiel Cook Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: November 3,2009 Subject: Consent Motion To: Motion By: Seconded: P OX Petty Rhoads Ferrell Lucas M IN Lewis Gray Thiel rj Cook Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: November 3,2009 Subject: Old Wire Annexation Appeal Motion To: 6Lc1 Pv�ct. /7. RD09 Motion By: ®� Seconded: B. 1 Petty Unfinished Rhoads / Business Ferrell ✓ ,J ri k Lucas ,/ J Lewis J +0�� Gray Thiel J l���009 Cook Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: November 3, 2009 Subject: Raze and Removal at 369 E. Center Street Motion To: Motion By: Seconded: �5 CA Petty � Public Rhoads Hearing Ferrell L,- Lucas Lewis Gray �. Y "dam/ Thiel / Cook 0)J V I Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: November 3,2009 Subject: Waste Management Contract, Bid#09-61 Motion To: f Crit' Motion By: Seconded: D. 1 Petty New Rhoads Business Ferrell Lucas Lewis /Q add Gray Thiel 09 Cook Mayor Jordan Subject: 2010 Annual Budget& Work Program Motion To: 4.G No 9 o as o 9 Motion By: Seconded: t(�Oo - D.2 Petty ✓ New Rhoads ✓ Business Ferrell ✓ –F&4-GJ �J Lucas e% +-0 Lewis J\kU, n! Gray ✓' a p O q Thiel Cook Mayor Jordan ty p `d City Council Meeting: November 3,2009 Subject: Community Access Television,Inc. Motion To: /1 Motion By: O " oL Seconded: D.3 Petty �✓ New Rhoads Business Ferrell ✓ Lucas ✓ Lewis Gray Thiel Cook aa5 -off Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attomey� DATE: November 4, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 3, 2009 1. 2009 Bulletproof Vest Partnership Program: A resolution authorizing the Mayor to accept a Bulletproof Vest Partnership Grant in the amount of$19,600.00 from the U.S. Department of Justice for replacement of bulletproof vests for police officers; and approving a budget adjustment recognizing the grant revenue; 2. Arkansas Democrat-Gazette, Inc.: A resolution to approve a contract with Arkansas Democrat-Gazette, Inc. for retail and classified advertising; 3. Ozark Regional Transit: A resolution to approve an agreement with Ozark Regional Transit to use $387,500.00 for sidewalk, transit shelter and bench concrete pad construction and to approve a budget adjustment recognizing this revenue; 4. Fayetteville Animal Shelter Donation: A resolution approving a 2009 Budget Adjustment in the donation revenue balance of the Fayetteville Animal Shelter in the amount of$13,707.00; 5. Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving and adopting amendments to the Fayetteville Police Department's Policies, Procedures, and Rules Manual; 6. Raze & Removal at 369 E. Center Street: A. resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Bobby E. York, and located at 369 E. Center Street in the City of Fayetteville and approving a budget adjustment; 7. Waste Management Contract, Bid #09-61: A resolution awarding Bid #09- 61 and approving a contract with Waste Management of Arkansas for hauling and disposal of municipal waste; 8. Community Access Television, Inc.: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc. to operate the Public Access Television Channel throughout 2010. 2 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville, Arkansas City Council Meeting November 3, 2009 A meeting of the Fayetteville City Council will be held on November 3, 2009 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: 1. Exchange Club Officer of the Year Award - Cory Roberts Presentations, Reports and Discussion Items: A. Consent: 1. Approval of the October 20, 2009 City Council meeting minutes. 2. 2009 Bulletproof Vest Partnership Program: A resolution authorizing the Mayor to accept a Bulletproof Vest Partnership (BVP) Grant in the amount of$19,600.00 from the U.S. Department of Justice for replacement of bulletproof vests for police officers; and approving a budget adjustment recognizing the grant revenue. 3. Arkansas Democrat-Gazette, Inc.: A resolution to approve a contract with Arkansas Democrat-Gazette,Inc. for retail and classified advertising. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 4. Ozark Regional Transit: A resolution to approve an agreement with Ozark Regional Transit to use $387,500.00 for sidewalk, transit shelter and bench concrete pad construction and to approve a budget adjustment recognizing this revenue. 5. Fayetteville Animal Shelter Donation: A resolution approving a 2009 budget adjustment in the donation revenue balance of the Fayetteville Animal Shelter in the amount of$13,707.00. 6. Amend Police Department's Policies, Procedures & Rules Manual: A resolution approving and adopting amendments to the Fayetteville Police Department's Policies, Procedures & Rules Manual. This resolution was tabled at the October 6, 2009 City Council meeting to the October 20, 2009 City Council meeting. This resolution was tabled at the October 20, 2009 City Council meeting to the November 3, 2009 City Council meeting. This item was moved from Unfinished Business to the Consent Agenda at the October 27, 2009 Agenda Session. Agenda Additions: B. Unfinished Business: 1. Old Wire Annexation Appeal: An ordinance annexing that property described in annexation petition ANX 09-3409 (CC2009-4), for property located at 3231 North Old Wire Road, the northwest corner of Old Wire Road and Rom Orchard Road, containing approximately 39 acres. This ordinance was left on the First Reading at the October 6, 2009 City Council meeting. This ordinance was left on the Second Reading at the October 20, 2009 City Council meeting. Left on the Second Reading C. Public Hearing: 1. Raze and Removal at 369 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Bobby E. York and located at 369 E. Center Street in the City of Fayetteville, Arkansas, and approving a budget adjustment. D. New Business: 1. Waste Management Contract, Bid #09-61: A resolution awarding Bid #09-61 and approving a contract with Waste Management of Arkansas for hauling and disposal of municipal waste. 2. 2010 Annual Budget & Work Program: A resolution adopting the 2010 Annual Budget and Work Program. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 3. Community Access Television, Inc.: A resolution approving a contract in the amount of $93,000.00 with Community Access Television, Inc. to operate the public access television channel throughout 2010. Announcements: 1. City Council Tour: None Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)521-1316 V/ A.6 111'''fff Amend Police Department's Policies, Procedures&Rules Manual / FAYETTEVILLE POLICE DEPARTMENT Page 1 of 12 1%q/o q FAYETTEVILLE,ARKANSAS POLICIES PROCEDURES, AND RULES Effective Date Number 1.3 .4 Subject Less-Lethal Weapons/Defensive Tactics Reference Special Instructions 1.3.1 Distribution Reevaluation Date No.Pages All Personnel I 1-Year -12- I I I I I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less than lethal weapons and defensive tactics. [Calea 1.3.4] II. DISCUSSION 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. 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 that occur in the line of duty. III. POLICY 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 the guidelines set forth here. A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers (1.3 .4) Page 1 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 2 of 12 should generally use the level of force that can reasonably be expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances. The Force Continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: a. Officer Presence The professional appearance and uniform of a police officer. b. Verbal Direction The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Empty Hand Soft empty hand techniques are designed to control Passive or Defensive Resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Pressure Point Control Tactics (PPCT) is the department approved defensive tactics system. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. Hard Empty Hand Control techniques are designed to control Active Aggression, but can be used to control Defensive Resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. d. Intermediate Weapons, _ comment:Changed some wording on intermediate An intermediate weapon is any tool used when empty hand control has weapons and then classified p p y the baton OC spray and CEN been, or will likely be, ineffective or dangerous for the officers as intermediate weapons to attempt, and deadly force is not justified. The department issued impact weapon is the expandable baton. Officers have discretion to use the expandable baton as a defensive tactics tool to counter resistance and assaultive behavior. The OC aerosol spray and Conducted Energy Weapon are also classified as intermediate weapons. (1.3 .4) Page 2 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 3 of 12 The OC aerosol spray and Conducted Energy Weapon provides officers with additional use-of-force options against aggressive animals or for gaining compliance of resistant or aggressive individuals during arrest, detention and other enforcement situations that occur in the line of duty. Usage criteria for intermediate weapons is as foll.ows!,:, comment:Created a ^usage criteria-' for all (1) The use of any intermediate weapon is considered a use of force intermediate weapons and placed it here rather than and shall be deployed in a manner consistent with this agency's use having a usage criteria of force policy and in accordance with guidelines set forth herein. listed separately for all three intermediate weapons. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject' s compliance, and (b) the subject has signaled an intention to actively resist the officer' s efforts to make the arrest, and (c) the use of empty hand techniques has been, or will. likely be, ineffective or not reasonable under the circumstances. (d) when confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum to assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. e. Deadly/lethal force Force likely to cause death or serious physical injury. 2. Levels of Resistance: a. Psychological Intimidation (1.3 .4) Page 3 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 4 of 12 The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive iResistance {Comment:Pessave resuscace� as moved up on nus,list The suspect makes no attempt to fight the officer or even pull away. He simply forces the officer to do all the work. An example would be the protestor who causes the officer to pick him up and carry him from the scene or the drunk driver who will not step from the car but must be physically pulled out. c. Verbal Non-Compliance This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely d. Defensive Resistance The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression. The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. 3. De-escalation of Force: Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. Officers, for their own protection, should understand and comply with the force continuum. (1.3 .4) Page 4 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 5 of 12 4 . Training: Officers must be certified in the use of the Conducted Energy Weapon (CEW) , Pepper Spray and Pressure Point Control. Tactics before authorization to use such defensive tactics. Officers are required to attend refresher training on handgun retention and PPCT Tactics as scheduled by the Training Division. B. Less-lethal Weapons A.1.1 Police Officers of the Fayetteville Police Department are directed to obtain certification to carry and use less lethal weapons as authorized by the Chief of Police. 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 that occur in the line of duty. It is the policy of this department that officers use less lethal weapons when warranted, but only in accordance with the guidelines of this policy set forth here. Less lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less lethal weapons are other tools in the use-of-force continuum to assist in preventing injury to officers and others. Officers will receive in-service refresher training on the use of less lethal weapons on an annual basis. A certified weapons or tactics instructor will conduct refresher training. The training division will maintain documentation of refresher training. Remedial training, if necessary, will. be given to any officer who is unable to demonstrate knowledge and proficiency of less lethal weapons prior to resuming official duties. [Calea 1..3. 111 1. Police Baton a. Authorization (1) Only certified officers who have successfully completed the PPCT certified Defensive Tactics Course are authorized to carry the police baton. b. Usage Procedures (1) Impact weapon strikes to the nerve motor points in the legs and arms are considered to be at the Intermediate Weapon level on the force continuum. (2) Any impact weapon strikes to the head, throat or clavicle are considered to be deadly force. (1.3 .4) Page 5 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 6 of 12 (3) The two target areas on the arms for blocking points are: (a) The Radial nerve motor point on the outside of the upper forearm. (b) Median nerve motor point on the inside of the forearm. (4) The three target areas for striking on the legs are: (a) The Common Peroneal nerve motor point on the outside of the leg. (b) The Femoral nerve motor point on the inside of the leg. (c) The Tibial nerve motor point on the top of the calf muscle. (5) Strikes should be delivered with maximum power in an effort to eliminate the need for multiple strikes, decrease the need to escalate in levels of control, and shorten the time span of the confrontation. (6) After striking a subject, officers should employ other methods of follow-up control and ensure that the subject receives medical attention. [Calea 1.3.5] 2. Pepper Aerosol Restraint Spray Oleoresin capsicum (OC) spray is the authorized pepper aerosol restraint spray. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device. (2) Uniformed officers whose normal duties/assignments may - require them to make arrests or supervise detainees shall be required to carry departmentally authorized OC while on duty. Plain-clothes officers whose normal. duties/assignments may require them to make arrests or supervise detainees shall have available departmentally authorized OC spray. (3) Uniformed officers shall carry only departmentally authorized OC canisters . Non-uniformed officers may carry OC in alternative devices authorized by the agency. (1.3 .4) Page 6 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 7 of 12 b. Usage Procedures (1) Whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area. (2) An officer should maintain a safe distance from the suspect of between two and ten feet. (3) A single spray burst of one second should be directed at the suspect' s eyes, nose, and mouth. (4) Use of OC should be avoided, if possible, under conditions where it may affect innocent bystanders. d. Effects of OC and Officer Response (1) Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought process. (2) The effects of OC spray vary among individuals. Therefore, all suspects shall be handcuffed as soon as possible after being sprayed. Officers should also be prepared to employ other means to control the suspect - to include, if necessary, other force options consistent with agency policy-if he does not respond sufficiently to the spray and cannot otherwise be subdued. (3) Immediately after spraying a suspect, officers shall be alert to any indications that the individual needs medical care. This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness. Upon observing these or other medical problems or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid or transport to a local medical facility. [Calea 1.3.5] (4) Suspects who have been sprayed shall be monitored continuously for the ill effects of the OC spray. It shall be the responsibility of the officer affecting the arrest to either monitor the suspect or alert detention center personnel the suspect has been sprayed. In the event the officer was injured during the arrest, the supervisor will assign another officer to monitor the suspect. (5) Officers shall provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax. (1.3.4) Page 7 A.6 Amend Police Department's Policies, Procedures&Rules Manual Page 8 of 12 (6) Air will normally begin reducing the effects of OC spray within fifteen minutes of exposure. However, once the suspect has been restrained, officers shall assist him by rinsing and drying the exposed area to the extent possible. (7) Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent. All such incidents shall be reported as soon as possible including the recording of the bystanders name, date of: birth, and address to the immediate supervisor. I. Replacement (1) Each officer assigned an OC spray device shall be responsible for maintaining it in an operational and charged state. If an OC device becomes damaged, inoperable, or empty, the assigned officer shall report to their immediate supervisor in writing and request a replacement device. (2) Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister. (3) OC canisters shall be inspected and weighed biannually by shift sergeants who will maintain a record of this fact. (4) Unexplained depletion of OC canisters shall require an investigation and written report by the officer's supervisor to the Chief of Police. 3. Conducted Energy Weapon The Conducted Energy Weapon (CEW) will be used as an intermediate weapon on the same level in the use-of-force continuum as Pepper Aerosol Restraint Spray or the police baton. It will be the officer' s discretion as to which device is used. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of the CEW are authorized to carry or use the device. Officers must demonstrate proficiency in the use of the CEW during the prescribed course of instruction. [Calea 1.3.10] Officers must receive in-service training on the CEW and demonstrate proficiency with the CEW on an annual basis after receiving the initial prescribed course of instruction. [Calea 1.3.11] (1.3 .4) Page 8 A.6 (2) Uniformed officers whose normal duties/assignments may Amend Police Department's Policies, require them to make arrests or supervise detainees shall be Procedures&Rules Manual required to carry authorized CEW units on their duty belts while Page 9of12 on duty. (3) Uniformed officers shall carry only department authorized CEWs in the prescribed manner on their duty belts. Non-uniformed officers may carry the CEW in alternative forms authorized by the agency. b. Usage Procedures (1) At the beginning of each shift, a function test will be completed on each unit. This will be accomplished by turning the safety to the ON position, checking the battery level on the Central Information Display, verifying the laser sight system is operational., and by performing an arc display for a ;five second cy clef. On any occasion where malfunctions are found, ,the Unit comment: Changed from one . . .-- ---- .._... .- - shall be removed fromservice and forwarded to a CEW instructor - sacoaa cyole ac for servicingand troubleshooting. iecommcndatron from g manuf actnre (2) The CEW operates much like a handgun. It is equipped with standard sights and a laser sight system. The laser dot will be the point of impact for the top probe. The CEW must be held level on vertical targets. The exception to this rule is on an angled or prone target where the CEW should be tilted to allow the probes to strike the target properly. An example of this would be if the target were lying on the ground or behind some type of barrier. Target position for the CEW should be: (a) the lower torso and legs of the front of an individual to reach larger muscle !groups;, comment: Target zone amended based on (b) below the neck of the back of an individual targeting the recommendation of g g manufacturer. larger muscle groups, - --- __ (c) Do not aim at the head, throat or genitals of an individual, d) The CEW may also be applied as a Drive Stun as a distracting or breaking maneuver to gain control and effect compliance of a suspect. It is recommended the CEW cartridge remain attached when a Drive Stun is applied. The Drive Stun can be delivered whether the probes have been deployed from the cartridge or are still intact. (3) Officers may utilize an arc display for visual effect in order to gain compliance. The CEW cartridge must be removed prior to an arc display. An arc display must be documented with a use of force report. (4) Officers should maintain a safe distance from the suspect. (1.3 .4) Page 9 A.6 The optimum shot range is seven to fifteen feet. If the suspect Amend Police Department's Policies, is running, the officer must keep pace with the suspect to Procedures&Rules Manual prevent the CEW wires from breaking. Page 10 of 12 (5) When the CEW is deployed it should complete the full five- second cycle without interruption. Typically the initial deployment changes the behavior of the suspect. After. the CEW is deployed, the officer should assess and evaluate the suspect while giving verbal commands. If the suspect continues to be non-compliant, additional applications may be given. The suspect should be handcuffed as soon as practical while disabled by the CEW to minimize the number of deployment cycles. (6) The CEW is prohibited from being used: (a) In a punitive or coercive manner. (b) On a handcuffed or secured prisoner absent assaultive behavior that cannot be reasonably dealt with. (c) On any suspect who does not demonstrate his or her overt intention to use violence or force against the officer or another person(ISI)_..._... ......... __..... .__.... _._.... ......._ _.__._. ._.._ Comment:discuss ion was neia to lncluas wording about not (d) In an environment where an officer knows that a potentially using the ccw on a ,'passively resistant" flammable, volatile or explosive material is present, including subject, but this was but not limited to OC spray with volatile propellant, gasoline, already in the policy and r as, propane or a clandestine laborator think it should suffice for natural 9 P P Y• that point. (e) In any environment where the subject' s fall could reasonably result in death or serious injury (e.g. on an elevated structure or in a location with sharp objects) . (f) On the operator of a moving vehicle. (7) As soon after deployment as possible, CDC should be notified that the CEW has been deployed. (8) Deployed cartridges must be submitted to evidence and handled with caution as explained and instructed in the CEW users course. Deployed cartridges are considered to be a biohazard and must be handled with extreme caution. (9) CEWs equipped with cameras will automatically record a video recording each time the CEW is activated in the field: (a) After a CEW is deployed, officers are required to provide the CEW to a patrol supervisor in order to preserve the video. (b) Patrol supervisors, provided with the required passwords, are to create a folder within the network drive and upload the CEW (1.3 .4) Page 10 A.6 camera video in a space designated by the IT Manager. After the Amend Police Department's Policies, upload, supervisors are restricted by the IT Manager from any Procedures&Rules Manual actions other than viewing the video. Page 11 of 12 d. Effects of the CEW (1) The CEW is a Conducted Energy Weapon that uses propelled wires to conduct energy that affects the sensory and motor functions of the central nervous system resulting in incapacitation and do not rely on pain compliance. The CEW creates Electro-Muscular Disruption and causes the contraction of the muscles and overrides the central nervous system. (2) After deployment the suspect may fall immediately to the ground, which is the greatest risk of injury to the suspect. (3) The CEW will cause slight signature marks that resemble surface burns, appear red or may blister. (4) The CEW does not damage nerve tissue, does not cause serious burns and does not cause electrocution in a wet environment. f. Probe Removal [Calea 1.3.5] (1) CEW probes should be removed from an individual as soon as possible after the person has been handcuffed or properly restrained. (2) As soon as possible after the CEW has been deployed on an .individual, dispatch will be contacted and request medical services personnel to respond to the scene for probe removal . [Calea 1.3.5] (3) If any of the probes are located in the head, neck, breast (females only) or the groin area of an individual and medical services personnel are not able to remove the probes; the individual will be transported to WRMC for probe removal. (4) After the probes have been removed, the probes and spent cartridge will be turned over to the officer who deployed the cartridge for submission to evidence. C. Reporting ;Procedures] Comment:Tnra is an added section to cover reporting The use of police baton, PPCT defensive tactics or an defensives of tactics p , defensive tactics or an intermediate weapon will be documented in a Use of: Force Report. intermediate weapon. [Galea 1 .3. 61 Previously, each intermediate weapon had a -reporting procedure" 1. OC Aerosol Spray: section. (a) Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity (1.3.4) Page 11 A.6 shall be reported to the officer's immediate supervisor as Amend Police Department's Policies, soon as possible. Procedures&Rules Manual Page 12 of 12 (b) A written report of an accidental discharge, which does not affect an individual, must be completed and turned into the officer's immediate supervisor before the end of shift when accidental discharge occurred. [Calea 1 .3. 6] (c) A use-of-force report shall be completed following all discharges of OC spray except during testing, malfunction or accidental discharge and turned into the officer's immediate supervisor before the end of shift in which the spray was used. [Calea 1.3. 6] (d) Off-duty officers discharging OC spray are subject to the same reporting requirements as on-duty officers. The immediate supervisor shall be the shift supervisor at the time of the discharge. [Calea 1.3. 61 2. Conducted Energy Weapon: (a) Every deployment of the CEW will require the officer to complete a use of force report. The only exception to this will be during training classes (and/or .inspections) . A supplemental page for the CEW must be attached to the use of force report. This page will document the location on a person' s body where the CEW probes made contact. [Ca.lea 1.3.6] (b) The use of force report must indicate if multiple deployments occurred and the justification for multiple deployments. [Calea 1. 3. 6] (c) If an officer performs an "Arc Display" to gain control of a suspect or crowd, a use of force form must be completed explaining the reason for the display. (d) If an accidental discharge occurs a use of force report must be completed explaining the circumstances of the discharge. (e) A photograph of the individual and the area or areas where probes penetrated the skin of the individual must be taken of each person on whom a CEW is used. The photos will be submitted to evidence with the used air cartridge and probes. (f) The CEW has a built in microprocessor that records the date, time, duration of cycle and the battery status of each pull of the trigger for the last 2000 trigger pulls. The supervisor in charge of CEW procedures shall maintain a data download logbook on each CEW. The logbook shall be maintained for quality control purposes. (1.3 .4) Page 12 City of Fayetteville Staff Review For �1 m D. 3 I� � Community Access Television, Inc. .l\Y�V` City Council Agenda Items Page 1 of 14 and Contracts, Leases or Agreements / 11/3/2009 City Council Meeting Date Agenda Items Only Lindsley Smith Communication General Government Submitted By Division Department Action Required: A Resolution to approve a contract with Community Access Television, Inc. to operate the Public Access Channel throughout 2010 for$93,000. $93,000 $93,000.00 Services&Charges Cost of this request Category/Project Budget Program Category./Project Name 1010.6600.5713.00 $ - Miscellaneous Account Number Funds Used to Date Program/Project Category Name $ 93,000.00 General Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached ' 1 p g Previous Ordinance or Resolution# Dep lment Direct date � 1 Original Contract Date: (�U 2,Uq Original Contract Number: City Attorney I Date Finance and Internal Services Director Date Received in City s/ Clerk's Office J A /o-071/4 9 Chief of staff Date Received in �����SO/O Y Mayors Office a `� Mayor D to Comments: Revised January 15,2009 D. 3 Community Access Television, Inc. Page 2 of 14 TO: Mayor Lioneld Jordan and City Council FROM: Lindsley Smith, Communication Directo DATE: October 21, 2009 SUBJECT: Community Access Television Contract Renewal RECOMMENDATION Approval of the attached contract between the City of Fayetteville and Community Access Television, Inc. (CAT) in the amount of$93,000 to operate the Public Access Channel from January 1, 2010, through December 31, 2010. BACKGROUND The Public Access Channel is one of the three channels provided by Cox Communications as a part of the franchise fee agreement between the City of Fayetteville and Cox Communications. CAT was selected to be the City's public access provider and was awarded a five-year contract with required annual renewals. This request is a request for an annual renewal within that five-year period. DISCUSSION The Telecommunications Board unanimously approved the attached contract during their meeting on October 15, 2009, and requested that the contract be forwarded to the City Council for approval. Prior to it going to the full Telecommunications Board, the contract was reviewed and recommendations were put into the contract in two City staff and CAT meetings and five meetings of the Telecommunications Board Contract Review Committee prior to it being approved by the Subcommittee to go to the full Telecommunications Board. BUDGETIMPACT The total cost of this contract is $93,000. This amount is included in the proposed 2010 Budget to be approved by the City Council. D. 3 Community Access Television, Inc. Page 3 of 14 RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $93,000.00 WITH COMMUNITY ACCESS TELEVISION, INC., TO OPERATE THE PUBLIC ACCESS TELEVISION CHANNEL THROUGHOUT 2010. 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 a contract in the amount of$93,000.00 with Community Access Television, Inc. to operate the public access television channel throughout 2010. A copy of the contract, marked Exhibit"A" is attached hereto and made a part hereof. PASSED and APPROVED this 3rd day of November, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer