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HomeMy WebLinkAbout03-99 RESOLUTIONRESOLUTION NO 3-99 A RESOLUTION APPROVING THE FAYETTEVILLE POLICE DEPARTMENT POLICIES, PROCEDURES AND RULES, AS REQUIRED BY THE A.C.A. § 14-51-302. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves the Fayetteville Police Department Policies, Procedures and Rules, as required by the A.C.A. § 14-51-302. A copy of the policy, procedures and rules is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of January 1999. `* c.ifr,e •\ r ,,• ,:\ By. s. \t 1 IT r tt- ATTEST: ;_.. ' Bv: Heather Woodruff, City C e red Hanna, Mayor • ass. • NAME OF FILE: REs . 3 Q9/igyarrgero,L6 ,D,G.Zee .%PT/A�zciSs, ots- QC(,C E S CROSS REFERENCE: Date Contents of File Initials 1 -0S -vg 'Es. 3-99 Sx,yr8r7 %„ 07)461194-zcics horebUE S LE,) posm ,S 7Arp ,QEUrslo i=04 m /a -44 -4R Atm° To •722MA kREi f 4E,JA JAc/ C o/hoer/0 err i ceP&PmE 5 1 1 1 1 1 1 1 1 -1 1 1 I 1 • • 1 TABLE OF CONTENTS 1 CHAPTER 1-5: LAW ENFORCEMENT ROLE, RESPONSIBILITIES & RELATIONSHIPS ' ** Law Enforcement Agency Role 1.1.1 * * Limits of Authority 1.2.1 I ** Arrest Procedures 1.2.2 * + Domestic Violence 1.2.4 * * Use of Force 1.3.1 ' •* Non Lethal Defensive Tactics 1.3.4 •• Relationships With Other Agencies 2.1.2 1 CHAPTER 6-10: (RESERVED) 1 CHAPTER 11-17: ORGANIZATION, MANAGEMENT& ADMINISTRATION * * Direction 12.1.1 ' ** Policies, Procedures, & Rules Development & Review Procedures 12.2.1 ** Temporary Light Duty 16.2.3 CHAPTER 18-20: (RESERVED) ' CHAPTER 21-26: THE PERSONNEL STRUCTURE ' *• Disciplinary Matters & Procedures 26.1.1 •• Harassment in the Workplace 26.1.2 CHAPTER 27-30: (RESERVED) I CHAPTER 31-35: THE PERSONNEL PROCESSES ** Physical Fitness for Law Enforcement Officers 33.1.1 ' CHAPTER 36-40: (RESERVED) 1 CHAPTER 41-47: LAW ENFORCEMENT OPERATIONS * * Patrol 41.1.1 ' ** Bicycle Patrol 41.1.4 1 (1) I • Vehicular Pursuit Use of Department Vehicles/Equipment; Authorized Passengers Seatbelt Usage Canines Grooming and Uniform Requirements and Juvenile Operations Unusual Occurrences Emergency Response Team Bomb Threats and Explosive Devices 41.2.8 41.2.11 41.2.13 41.2.17 Specifications..41.3.5 44.1.1 46.1.1 CHAPTER 48-50: (RESERVED) CHAPTER 51-54: OPERATIONS SUPPORT ** 46.2.1 47.1.13 Office of Professional Standards (OPS) 52.1.1 CHAPTER 55-60: (RESERVED) CHAPTER 61-66: TRAFF/C OPERATIONS Inventory of Towed Vehicles 61.4.3 Police Traffic Radar Operation 62.1.12 CHAPTER 67-70: (RESERVED) CHAPTER 71-74: PRISONER & COURT -RELATED ACTIVITIES Prisoner Transportation 71.1.1 Jailer Duty 72.1.1 Jail Emergency Plan 72.3.1 Suicide Identification Guidelines 72.5.5 Medical and Dental Care For Prisoners 72.6.1 CHAPTER 75-80: (RESERVED) CHAPTER 81-84: AUXILIARY & TECHNICAL SERV/CES ** ** Bank Alarm Response Policy (Business Hours) 81.2.13 Property Management; Acquired & In -custody Property...84.1.1 INDEX 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 •FAYETTEVILLE POLICE DEPARTMENT. FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number Subject LAW ENFORCEMENT AGENCY ROLE Reference Special Instructions Distribution All Personnel Reevaluation Date 1 -Year INo.Pages L -4- I. PURPOSE The purpose of this policy is to define the functional role of the Fayetteville Police Department. II. POLICY By defining Department role, employees will be aware of actions and attitudes expected of them, and the public will be provided with a general standard by which they can measure the departments's performance. Defining the functional role also specifies the department's intent to be responsive to and protect the constitutional rights of the community. III. POLICY A. performance Measures Written performance measures shall be formulated for each program within the department. 1. On an annual basis, program supervisors (i.e., administrative, patrol and drug enforcement programs) shall assist in preparing new or revised performance measures for the upcoming year and submit a written report to the Chief of police. 2. Performance measures shall be developed utilizing input from all personnel levels within the department. Personnel input should provide the following: a. Improve the relevancy and coverage of the performance measures; and b. Enable employees contribution to departmental management and operation. 3. Upon request, program supervisors shall submit to the Chief of Police a written evaluation on the progress made toward department performance measures. (1.1.1) Page 1 4. Performance mea ures shall be routinely reviewed and updated to help endure direction, unity of purpose, and provide a basis for measuring progress. B. Oath of office Prior to assuming their official position, all officers of the Fayetteville Police Department shall take an oath of office to enforce the law and uphold the Constitutions of the United States and the State of Arkansas. C. Code of Ethics All officers of the Fayetteville Police Department shall abide by the following Code of Ethics: LAW ENFORCEMENT CODE OF ETHICS All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. The International Association of Chiefs of Police believes it is important that police officers have clear advice and counsel available to assist them in performing their duties consistent with these standards, and has adopted the following ethical mandates as guidelines to meet these ends. PRIMARY RESPONSIBILITIES OF A POLICE OFFICER A police officer acts as an official representative of government who is required and trusted to work within the law. The office. powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. PERFORMANCE OF THE DUTIES OF A POLICE OFFICER A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. DISCRETION A police officer will use responsibly the discretion invested in the position and exercise it within the law. The principle of reasonableness will guide the officer's determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. (1.1.1) Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Consistent anise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advise rather than arrest, which may be correct in appropriate circumstance, can be a more effective means of achieving a desired end. USE OF FORCE A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhumane treatment of any person. CONFIDENTIALITY Whatever a police officer sees, hears or learns of, which of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained abIt them must not be improperly divulged. INTEGRITY A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be earned and cultivated. COOPERATION WITH OTHER OFFICERS AND AGENCIES Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times. (1.1.1) Page 3 PERSONAL/PRO.SSIONAL CAPABILITIES Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for efficient and effective performance of duty. The acquisition of knowledge is a never ending process of personal and professional development that should be pursued constantly. PRIVATE LIFE Police officers will behave in a manner that does not bring discredit to their agencies or to themselves. A police officer's character and conduct while off-duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach. Source: IACP October 17, 1989 • (1.1.1) Page 4 •FAYETCEVILLE POLICE DEPARTMENT• FAYETtEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES (Effective Date (Number 1.2.1 Subject LIMITS OF AUTHORITY Reference Special Instructions Distribution All Personnel Reevaluation Date 1 -Year No.Pages -6- I. PURPOSE The purpose of this policy is to outline the limits of law enforcement authority delegated to officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes, and ordinances within their jurisdiction. It also defines circumstances and establishes limits involving officer discretion and provides guidelines for exercising such discretion utilizing alternatives to arrest and/or prearraignment confinement. II. DEFINITIONS A. ARREST Arrest is the taking of a person into custody of the law, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. B. PROBABLE CAUSE Probable cause has been interpreted as facts and circumstances that amount to more than mere suspicion but less than proof beyond a reasonable doubt that would lead a prudent person to believe a crime has been committed or is about to be committed. C. FELONY A felony is a serious offense which carries a penalty of incarceration usually for one year or more. Persons convicted of felony offenses lose certain rights such as the right to vote, hold an elective office or Federal government position, or maintain certain licenses. D. MISDEMEANOR A misdemeanor is a less serious offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. (1.2.1) Page 1 ePeon c onsidered tc tghenanot workxngtOn 3411 re t. ---duty!!] fu aerance of: Departmental" ob3ectivea durin• th"eiar regu am* schedual�ed hoursor other hours asrequire d by police supervisor .or, spurt order, III. POLICY A. JURISDICTION AND STATUTORY AUTHORITY 1. Officers of the Fayetteville Police Department shall have within the corporate limits of the City of Fayetteville all the powers invested in law enforcement officers as described under Arkansas Code Annotated 14-52- 203. 2. Officers shall also have the power to serve all civil and criminal process that may be directed to them by any officer of the Court and may enforce the ordinances and regulations of the City as the City vatI1 eL Lvio tounc ll may direct. 3. In addition to their authority within the corporate limits, officers shall have all the powers invested in law enforcement officers by statute or common law within the extraterritorial jurisdiction of the corporate limits of the City of Fayetteville, and on all property owned by or leased to the City wherever located. 4. Any officer pursuing an offender outside thecorporate limits or extraterritorial jurisdiction of the City shall be entitled to all privileges, immunities, and benefits to which he would be entitled if acting /thin the City, including coverage under the workmen's compensation laws. B. ARREST AUTHORITY An officer may effect an arrest if there is probable cause to believe a person has committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is the legal requirement for an arrest. 1. An arrest occurs when the following conditions exist: a. The officer believes that sufficient legal evidence exists that a crime is being committed, and intends to restrain the suspect; b. The officer deprives the individual of his liberty; and c. The suspect believes he or she is in the custody of the police and cannot voluntarily leave. 2. An arrest can be initiated with or without a warrant and must be based on probable cause. a. Arrest Pursuant to a Warrant An arrest warrant issued by the court determines an arrest should be made and directs the police to bring the named person before the court. (1) An officer having a warrant in possession may arrest the person named on or described_in the warrant at any time and at any place within the jurisdiction of the City of Fayetteville. (2) An officer who has knowledge that a warrant for (1.2.1) Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 arrest has been AL and has not been executed, but who does not have the warrant in his possession, may arrest the person named in the warrant at asLy La,,,e . accdi'nq 4irtd Arkansas_ or ansas, State ;law. (a) The officer must inform the person arrested of the existing warrant, and (b) The officer must serve the warrant on the person as soon as possible. b. Arrest Without a Warrant According to Rule 4 of the Arkansas Court Rules "Rules of Criminal Procedures", a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed: (1) a felony; (2) a traffic offense involving: (a) death or physical injury to a person; or (b) damage to property; or (c) driving a vehicle while under the influence of any intoxicating liquor or drug; (d) any violation of law in the officer's presence. (3) A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a felony. (4) An arrest shall not be deemed to have been made on insufficient cause hereunder solely on the ground that the officer orlrivate citizen is unable to determine the particular offense which may have been committed. (5) A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause. (6) In the case of a misdemeanor, probable cause as well as the officer's presence at the time of the offense are required, with the following exceptions: (a) The officer believes the suspect may cause physical injury to self or others, or damage to property unless immediately arrested (See ACA 9 15 103 "Act 636 8151'1 ) annd Domes't+res�"yAbuse Act ail*aefined~ ritiR IOCRWaT. .Rule 4_l (aMIY)iI 989" 6; (b) The suspect has committed the offense of shoplifting when the officer, merchant, or merchant's employee who has observed the person accused of committing the offense of shoplifting shall provide a written statement which shall serve as probable cause to justify the arrest (See ACA 5- 36-116 (2)(c); (c) The officer has reason to believe the suspect will not be apprehendedunless immediately arrested. 3. Upon making an arrest, an officer must: (1.2.1) Page 3 a. Identify hims f as a law enforcement officer unless his identity is otherwise apparent; b. Inform the arrested person that he is under arrest; and c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident. 4. An arrest is complete when: a. The person submits to the control of the arresting officer who has indicated his intention to arrest, or b. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. 5. An officer may enter private premises or a vehicle to effect an arrest when: a. The officer has in his possession a warrant or order for arrest of a person or is authorized to arrest a person without a warrant or order having been issued; b. The officer has reasonable cause to believe the person to be arrested is present, and d. The officer has given, or made reasonable effort to give notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe that the giving of such notice would. present a clear danger to human life. 6. Arrest for Serious Crime When an Oficer arrests a person for a serious crime, the officer shall advise the upervtsor determination wlrlbe Plaaalf the detective division aha` llbe �„ gotifiedof the arrest for further interviewing and investigation. 7. Arrest of Military Deserter Officers with probable cause that a person is a military deserter may arrest that person and arrange as soon as possible to release the person to the proper military authorities. 8. Arrest of Unconscious or Semiconscious Person Whenever an officer arrests an individual who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, and who is unable to provide information on the causes of the condition, the officer should make a reasonable effort to determine if the person arrested is wearing a bracelet or necklace containing the Medic Alert Foundation's emergency alert symbol to indicate that the person suffers from diabetes, epilepsy, a cardiac condition, or any other form of illness which would cause a loss of consciousness. If such a symbol is found indicating that the person being arrested suffers from one of those conditions, the officer must make a reasonable effort to have appropriate medical care provided n_al%sch arreas' oiershcmp%hJ Standardandyng unconscious pers raa° 9. Misuse of Arrest Authority (1.2.1) Page 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Officers of the Illyetteville Police Department shall not misuse the arrest authority that has been delegated to them. C. USE OF DISCRETION AND ALTERNATIVES TO ARREST The Chief of Police shall determine what measures (policies and procedures) shall be enforced to influence officer discretion at the operative level of patrol. Officers are encouraged to be sensitive to cues as the probability of clearance, witness identification, victim prosecution, and other factors when making arrests, issuing citations, or other law enforcement activities. In instances of lesser violations of the law, the officer may weigh the seriousness of the offense and the surrounding circumstances and choose an alternative to arrest. The proper exercise of discretion does not relieve the officer of his responsibility to conduct a thorough investigation. 1. Alternatives to Arrest a. Issuance of a citation or criminal summons mih'e municipal --'judge determinescthee offense 'to ='be'. •;c'i't'abie)4 which would allow the arrested person to appear in court on their own recognizance in accordance with Article III, Rule 5, of the ARKANSAS RULES OF CRIMINAL PROCEDURE, instead of taking the person before a magistrate and placing them under bond; b. Referral to a help agency, such as mental health, etc.; or c. Infor. resolution, tiu,lz I,ny u.e etr, or d. Warnings. 2. Arrest of Injured Person V1Vl1III .ta,,,agc, Upon arresting a person who has been injured, or is injured during the arrest process the officer shall contact his immediate supervisor. The immediate supervisor will respond and exa„«zzc3herve the injured person and based on the seriousness of the injury will make a determination as to whether or not the person should receive immediate medical attention. 3. Off -Duty Arrest Police officers of this department have liability protection for on -duty and off- duty performance of official duties. This protection does not extend to willful acts to cause injury or damage, or to those actions that the police officer knew, or reasonably should have known, were in conflict with the established policies or customs of this department. a. When off-duty and within the legal jurisdiction of this department, a police officer may make an arrest only when: (1) There is an immediate need for the prevention Efrdi)ly 'injury or „proper,ty',�Yos"s7daam qe of a ..Li,,,, or apprehension of a suspect; (2) The arresting officer is in possession of appropriate police identification. (1.2.1) Page 5 NeTE+ . eff dut atfscers shall noL ellyaye in vellicalas �l u l_suiLs W11ilc dsivi11g ptivately .wnes veil e.• Tlae • lloc VL blue 11y1zLo LOi LLaLLl. e. sLup yutpu Lw11c �1 veld Clea is psuhibiLed. OLticels may use psiyaLely p1lVately Uwued Lluc la w y) tJ YYioat.11ia1y LI.d111�. v LLsdcllt vl uL11c C211 .L CI tlllelyelll.y scenes. not, enforc offenses uta vehicles I _ :. �,;, attem persons :office $minor illie ursue pre • hens cautiously obtain zvehic descriptions-+ `� but ofr is- no.autherrzation law br :DeparfftmeC violate..`.trac-n} Ina Ian ai ze there Punderirstate a1 — .-. ile operating.a pr vate.;vehrcle`, b. If an off-duty arrest is made, the off-duty officer shall abide by all departmental policies and procedures and shall notify an on -duty police supervissor`of-the circumstances' �f.';the arrest:rand complete any; documentation of the°?lncident alid arrest required tby; the Supervisor or;; ..DepartmentalL Policies and Procedures. Ye, so11ne1 as says± yossible. c. No prisoner or arrestee, under any circumstances, shall be transported in a privately owned vehicle. 4. Assistance to Person Intoxicated in Public At his discretion, an officer may assist, as an alternative to arrest and incarceration, an individualrund a public place, of the following a. The officer transport the individual home; intoxicated in by taking any actions: may 1)il.eLt of intoxicated b. The officer may tlil.e�.L u1 transport the intoxicated individual to the residence of another individual willing to accept him; c. The officer may UILcl.L �1 transport the intoxicated individual to a public or private shelter facility if the individual is apparently in need of and unable to provide for himself food, clothing, or shelter, but not in need of immediate medical care; d. The officer may tlil.cl.t �1 transport the intoxicated individual to the Washington Regional Medical Center or other medical care facility if it is apparent the individual is in need of but unable to provide for himself immediate medical care. (1.2.1) Page 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 °AYETTEVILLE POLICE DEPARTMENT° FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 1.2.2 Subject ARREST PROCEDURES .Reference Special Instructions Distribution All Personnel Reevaluation Date 1 Year No.Pages -3- I. PURPOSE The purpose of this policy is to provide officers with guidelines in determining when and if an arrest is appropriate according to the law. II. DISCUSSION An officer can make an arrest if he has probable cause to believe a person has committed an offense as it is defined in the Arkansas Criminal Code. Arrest is the taking of a person into custody of the law, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. The legal requirement for an arrest is probable cause. III. POLICY A. An arrest occurs when the following conditions exist: 1. The officer believes that sufficient legal evidence exists that a crime is being committed, and intends to restrain the suspect; 2. The officer deprives the individual of his liberty and; 3. The suspect believes that he or she is in the custody of the police and cannot voluntarily leave. B. Arrest can be initiated with or without a warrant and must be based on probable cause. C. An arrest warrant issued by a court determines that an arrest should be made and directs the police to bring the named person before the court. D. An arrest can be made without a warrant only where the arresting officer is able to establish probable cause that a crime was committed and that the subject arrested is the person who committed it. (1.2.2) Page 1 E. In the case of felony an officer may arrest a suspect without a warrant where probable cause exists, even though the officer was not present when the offense was committed. F. In the case of a misdemeanor, probable cause as well as the officer's presence at the time of the offense are required Lim f section L. IV. CLASSIFICATION A. A felony is a more serious offense which carries a penalty of incarceration in a state prison, usually, for one year or more. B . A misdemeanor is a lesser offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. ✓ . ARREST A. If an officer decides it is necessary to take a person into custody he should do so in accordance with his lawful authority to arrest. B . An officer should be prepared to use non -deadly force when arresting an individual who is physically resisting arrest. 1. In these circumstances the officer must take caution in preventing injury to himself and the subject. 2. When a subject threatens to flee or injure the arresting officerlor„.,ot'h&t4 he must be prepared to use his training in self-defense in defending himself '':x- *v" others`;: while taking the person into custody. mp eted 4.`vohved n Pafaaokir Arrest; k84ivti?�'r off}icer warreness VI. SEARCH OF PERSON(S) A. Any officer may search a person after a lawful arrest for the following reasons: 1. To protect the officer, the accused or others. 2. To prevent the escape of the accused. 3. To furnish appropriate custodial care if the accused is jailed. 4. To obtain evidence of the commission of the offense for which the accused has been arrested, or to seize contraband, fruits of the crime, or other things criminally possessed or used in conjunction with the offense. B. Strip searches will only be made after arrest and will be made at the jail if necessary before being placed in a cell and only then in a professional manner. The only exception would be in a life- threatening situation to protect human life. C. Search of body cavities must be performed by a physician or a licensed nurse. A search of body cavities and "blood stream and subcutaneous tissues" incidental to an arrest should only be made if there is a strong probability that it will disclose things subject to seizure and related to the offense for which the (1.2.2) Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 individual was ar sted. The problems concerning the search of body cavities usually result when some degree of force has been used. D. A law enforcement officer who has detained a person, if he reasonably suspects that person is armed and dangerous to the officer or others, may search the outer clothing of such person and seize any weapon or other dangerous things which may be used against the officer or others. The search shall not be more detailed than is reasonably necessary to insure safety. • (1.2.2) Page 3 • FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 1.2.4 Subject DOMESTIC VIOLENCE Reference Special Instructions Distribution All Personnel Reevaluation Date 1 Year No.Pages -8- I. PURPOSE To establish clear policy and procedural directives for officers responding to domestic violence calls. II. POLICY It is the policy of this department to treat all acts of domestic violence as criminal conduct. Therefore, an officer's objective(s) in responding to domestic violence calls shall be to protect victims from further violence, enforce state laws against violators, and arrest offenders where applicable. A. Arresting Domestic Violence Offenders An officer has the authority to make an arrest_with or without a warrant for domestic abuse as provided in Rule 4.1 (a) (iv) of the Arkansas Rules of Criminal Procedures. A.R. Cr.P. Rule 4.1 (a)(iv) states: (a) A law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed.... (iv) acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined by law against a family or household member and which occurred within four (4) hours preceding the arrest. Although officers shall exercise discretion in responding to domestic violence calls, arrest shall be the preferred action in cases involving physical violence and/or domestic battering as stated in Ark. Code Ann. 16-81- 113. (1.2.4) Page 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • III. DEFINITIONS A. Domestic Violence Domestic defined physical assault, imminent violence is generally as the infliction of harm, bodily injury or or the fear of physical harm, bodily injury or assault, by one family or household member on another. B . Wife or Spouse Abuse Wife or spouse abuse is usually defined as acts of violence or recurring assaults between sexual partners, married and unmarried, who are living together or who previously lived together. C. The Domestic Abuse Act of 1995 The Domestic Abuse Act of 1995 amended the statutes formerly t itled "Wife Battering." They are now entitled, "Domestic Battering" and they include family and household members in the class of persons protected. D . Family or Household Member (F/HM) The "family or household member" relationship must be proven in any Domestic Battering crime. Ark. Code Ann. 5-26-302 defines "family or household member" as including: (1) spouses or former spouses (2) parents and children • (3) persons related by blood within the fourth degree of consanguinity (4) persons who presently or in the past have resided or cohabited together. E . Physical Abuse The act of striking, threatening, harassing or interfering with the personal liberty of any family or household member by any other family or household member, but excluding reasonable discipline of a minor child by a parent or guardian of such a minor child. IV. CRIMINAL CHARGES There are four (4) situations where it is preferable under current Arkansas law to charge regular Battery instead of Domestic Battering. If charged as Battery, the following four offenses will merit a felony charge, whereas they would only be misdemeanors under Domestic Battering. It is preferable to charge regular Battery when there is physical injury.... (a) by means of a firearm Charge under 5-13-201(a)(7) B Felony (b) to a pregnant woman (causing miscarriage or stillbirth) Charge under 5-13-201 (c)(5)(A/B) B Felony (d) to a person over age 60 Charge under 5-13-202(a)(4)(C) (1.2.4) Page 2 D Felony (e) to a person under age 12 Charge under 5-13-202(a)(4)(C) D Felony V. ELEMENTS OF DOMESTIC BATTERING A. Domestic Battering - First Degree; Ark. Code Ann. 5-26-303 (1) purposely causes serious physical injury to F/HM by means of a deadly weapon -or- (2) purposely causes serious or permanent disfigurement of F/HM -or- (3) purposely destroys, amputates, or permanently disables a member or organ of a F/HM -or- (4) causes serious physical injury to a F/HM under circumstances manifesting extreme indifference to the value of human life. B. Domestic Battering - Second Degree; Ark. Code Ann. 5-26-304 (1) purposely causes serious physical injury to a F/HM -or- (2) purposely causes physical injury to a F/HM by means of a deadly weapon -or- (3) recklessly causes serious physical injury to a F/HM by means of a deadly weapon. C. Domestic Battering - Third Degree Ark. Code Ann. 5-26-305 (1) Purposely causes physical injury to a F/HM -or- (2) Recklessly causes physical injury to F/HM -or- (3) Negligently causes physical injury to F/HM by means of a deadly weapon or - (4) Purposely causes stupor, unconsciousness, or physical/mental impairment or injury to F/HM by administering a drug or other substance to another person without consent. NOTE: A first offense of Domestic Battering in the third degree is a Class A misdemeanor. However, if the defendant has a prior conviction or has been previously found guilty of Domestic Battering or wife Battering in any degree, the second or subsequent offense is automatically enhanced to a Class D felony. VI. -ELEMENTS OF DOMESTIC ASSAULT The Domestic Assault statutes mirror the regular assault statutes, except they include (1.2.4) Page 3 I Li I I I L I I I I J I I I I 0 I I I I I I I I I I I I I I I I the additional element of the "family or household member" relationship between the parties. A. Aggravated Assault on Family or Household Member Ark. Code Ann. 5-26-306 - 309 (1) First Degree requires reckless conduct which creates a substantial risk of death or serious physical injury to a F/HM (2) Second Degree requires reckless conduct which creates a substantial risk of physical injury to a F/HM (3) Third Degree requires purposely creating apprehension of imminent physical injury to F/HM. VII. ASSOCIATED OFFENSES Although not exclusively limited to domestic abuse situations, these four crimes are frequently associated with domestic abuse and often involve family or household members. A. Stalking (Ark. Code Ann. 5-71-229) 1. First Degree Stalking (Class B felony) Purposely engages in harassing course of conduct (more than two incidents at least 36 hours apart, but no more than one year apart) and makes a Terroristic Threat intended to place a person in imminent fear of death or serious bodily injury for himself or his immediate family (a) Does so in violation of an Order of Protection -or- (b) Has a prior conviction within the past 10 years in any state of: - 2nd. Degree Stalking - Terroristic Threatening - Terroristic Act -or- (c) Is armed with a deadly weapon or represents that he is. 2. Second Degree Stalking (Class C felony) Purposely engages in harassing course of conduct (more than two incidents at least 36 hours apart, but no more than one year apart) and makes a Terroristic Threat intended to place a person in imminent fear of death or serious bodily injury for himself or his immediate family. B. Terroristic Threatening (Ark. Code Ann. 5-13-301) 1. First Degree (Class D Felony) Purposely threatens death or serious physical injury or substantial property damage to another or - Purposely threatens physical injury or property damage to a teacher or school employee. (1.2.4) Page 4 0 0 2. Second Degree (Class A that person for no purpose misdemeanor) other than to harass, alarm or annoy. Purposely threatens to cause physical injury or property D. Harassing Communications damage to another. (Ark. Code Ann. 5-71-209) C. Harassment(Ark. Code Ann. 5-71-208) Class A Misdemeanor With purpose to harass, annoy, I or alarm another: With purpose to harass, annoy, Communicates with another by , or alarm another and without telephone, telegraph, mail or good cause: any other written manner, anonymously or otherwise, in a strikes, shoves, kicks, way likely to harass, annoy or touches, or subjects another cause alarm (or attempts or threatens to subject another) to offensive -OR- ' physical contact -OR- Makes a telephone call, or causes a phone to ring uses obscene language or gestures toward another in a public place likely to provoke a violent/disorderly response repeatedly, with no legitimate purpose (with or without conversation) -OR- -OR- Knowingly allows a telephone follows a person in a public under his control to be used place ' for harassing communications. -OR- VIII. PROCEDURES - repeatedly insults, taunts, or challenges another in a 1. Patrol Responsibilities public place in a way likely to provoke a violent/disorderly Priority will be given to response domestic disputes. Officers will respond immediately and -OR- coordinate their approach with the appropriate backup. engage in conduct, or Officers should obtain all repeated acts, which alarm or available information from the annoy another and serve no dispatcher before arriving at legitimate purpose the scene. -OR- 2. The Decision To Arrest ' places a person under Officers will effect an arrest, surveillance by remaining based on probable cause and outside of places occupied by supported by the statements of (1.2.4) Page 5 ' ' 0 I I I I C] I 1] I I I I I I I I I I the victim or witness, of abusers in domestic situations in the following circumstances: (a) where a felony has been committed; (b) where of a past committed there is believe a occurred; the officer is aware history of assaults by the abuser and probable cause to nother assault has (c) where a physical assault has occurred and there is evidence of either alcohol or drug abuse; (d) where any weapon was used to inflict the injury, or was used to intimidate or threaten the victim; (e) where an assault has occurred and, if the officer takes no action, there is strong likelihood that further violence or injury might result; (f) in cases where the conditions of a protective order have been violated; (g) offenses committed in the presence of the officer; and (h) where there are valid warrants on file. 3. Protective Orders There are three types of court orders typically used to protect victims of domestic abuse: Orders of Protection, Mutual restraining Orders, and No Contact conditions of release. Orders of Protection are generally issued by the court when domestic violence has occurred. 4. Enforcement of Arkansas Orders Orders of Protection issued in any Arkansas court should be enforced by law enforcement wherever a violation occurs. An Arkansas order is valid throughout the state, regardless of which court issued the order. B. Enforcement of Out of State Orders Protective orders issued by courts located outside of Arkansas will be enforced in Arkansas, provided the form of the order meets the "full faith and credit" requirements; Ark. Code Ann. 9-15-302 requires the issuing court must have had valid jurisdiction, the respondent must have had reasonable notice and opportunity for a hearing, and evidence of this is found on the face of the order. C. Violations of Protective Orders When protective orders are violated, the enforcement procedures differ according to the type of order and the issuing court. The following is a summary of the four primary statutes or rules which address violations of protective orders: (1) Ark. Code Ann. 5-53-134, "Violation of a protection order," is a separate criminal offense charged when an Order (1.2.4) Page 6 9 0 of Protection (issued by the chancery court) is violated. Under this statute, a law enforcement officer can make a warrantless arrest if the officer has probable cause to believe a person: (2) is the subject of an Order of Protection and (3) has violated the terms of the order, even if the officer did not witness the violation. NOTE: An officer care and acting in making an domestic abuse from civil liabi exercising due in good faith arrest for has immunity lity. (4) The elements of this offense are: - A chancery court has issued a temporary or final Order of Protection against a person; -AND- That person has received actual or legal notice of the order; -AND- He knowingly violates a condition of the order. (4) ACIC Requirements The Arkansas Crime Information Center maintains a registry of all orders of protection and temporary orders of protection issued by a state court, or registered in the state. IX. Gathering Evidence Officers shall conduct a thorough investigation of the domestic violence incident and include the following evidence if available: (a) incident report including documenting of injuries of the victim, (b) evidentiary articles that substantiate the attack; (c) physical evidence of the crime scene itself; (d) medical reports; (c) photographs of visible injuries on the victim; (d) photographs and diagram of , the crime scene, and; (e) audio tape recording of ' the 911 call prior to arrival if available. Ti Ii I C1 I [1 I I (1.2.4) Page 7 ' *FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES I ' Subject ' USE OF FORCE Reference Distribution All Personnel 1 I I I I. PURPOSE Effective Date Number 1.3.1 Special Instructions Reevaluation Date 1 -Year The purpose of this directive is to state the Fayetteville Police Department policy regarding the use of force, including deadly force, none lethal.•• -,force,, and de ens. �. tactics all Lypcb Lit wcapons—. ' II. DISCUSSION ' The value of human life is immeasurable in our society. Police officers have been ' delegated the awesome responsibility to protect life and property and apprehend criminal offenders. The apprehension of criminal offenders and protection must at all times be secondary to ' the protection of life. The officer's responsibility for protecting life must include his own. ,IIhEFIN:TION • "Deadly Force" as used in this • policy is defined as that force [1 No. Pages -5- which is intended to cause death or grave injury or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or grave injury. V] POLICY It shall be the policy of the Fayetteville Police Department that its officers shall not use more force in any situation than is reasonably necessary under the circumstances. A. Use of Deadly Force 1. An officer may use deadly force to protect himself or others if he has reasonable belief of immediate threat of death or serious physical injury. a. Reasonable belief: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to (1.3.1) Page 1 I act or think in aaimilar way defense or defense of another under similar circumstances, person. b. Serious physical injury: A bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in long-term loss or impairment of the functioning of any bodily member or organ. 2. The use of firearms should be flatly prohibited in the apprehension of misdemeanants, since the value of human life far outweighs the gravity of a misdemeanor offense. 3. Deadly force shall never be used on mere suspicion that a crime, no matter how serious, was committed or that the person being pursued committed the crime. An officer shall either have witnessed the crime or have sufficient information to know, as a virtual certainty, that the suspect committed an offense for which the use of deadly force is permissible. 4. Officers shall not be permitted to fire at felony suspects when the officer believes that the suspect can be apprehended reasonably soon thereafter without the use of deadly force or when there is substantial danger to innocent bystanders. Although the requirement of using lesser force, when possible, is a legal rule, the other limitations are based on sound public policy. To risk the life of innocent persons for the purpose of apprehending a felon cannot be justified. 5. Officers shall not discharge a firearm at or from a moving vehicle except as the ultimate measure of self - 6. Officers shall not fire their weapons to kill, but rather to stop and incapacitate an assailant from completing a potentially deadly act. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer should shoot at "center body mass." 7. An officer may use deadly ' force to effect the capture or prevent the escape if the officer reasonably believes that the suspect has committed a felony involving the use or threatened use of deadly force and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. I L, S. In order to protect the community's interest when officers may have exceeded the scope of their authority in the use of deadly force and to shield officers who have not exceeded the scope of their authority from possible confrontations with the community, officers whose use of force results in death shall be relieved from line -duty assignment pending administrative review. 9. The killing of an animal is justified by the following conditions: a. For self-defense, b. To prevent substantial harm to the officer or another, or c. When the animal is so badly injured that humanity (1.3.1) Page 2 [1 I I I L] I 11 I I I F' I I I 1 I I I I I I I El I I I I I requires its rflief from further suffering. A seriously wounded or injured animal may be destroyed only after all attempts have been made to request assistance from the agency (humane society, animal control, game warden, etc.) responsible for the disposal of animals. The destruction of vicious animals should be guided by the same rules set forth for self- defense and the defense and safety of others. B. Firearms 1. Issuance of "Use of Force" Policy: All officers of the Fayetteville Police Department shall be issued individual copies of and receive instruction on the department's policy regarding use of deadly force prior to being issued a firearm. 2. Proficiency in Use of Agency -authorized Firearms: All officers shall demonstrate proficiency with all agency - authorized firearms and sidearms prior to being authorized to carry a firearm. a. Officers shall qualify four times each year. b. Officers shall qualify with a score equal to or better than the established standard set by the Chief of Police and Firearms Instructors. (1) Failure to attain a qualifying score will result in revocation of authorization for the officer to carry a firearm. (2) Authoozation will be reinstated upon receiving remedial training and attainment of a qualifying score. c. Officers shall attain and demonstrate a knowledge of the laws concerning the use of firearms and be familiar with recognized safe -handling procedures for the use of these weapons. 3. Except for general maintenance, storage or authorized training, officers shall not draw or exhibit their firearm unless circumstances create strong reasonable cause to believe that it may be necessary to lawfully use the weapon in conformance with other sections of this policy. 4. Warning Shots: Officers are not justified in using a firearm to fire a warning shot and shall never use warning shots for any purpose. Warning shots endanger the lives of innocent bystanders and may also prompt a suspect to return fire. 5. Off -Duty Possession of Weapons: It shall be the policy of the Fayetteville Police Department to permit full-time sworn members of the department to possess and carry a concealed weapon while off -duty within the corporate limits of Fayetteville. a. Officers are not required to carry a weapon while off - duty, but may do so at their option. b. Officers exercising the option to carry a weapon while (1.3.1) Page 3 off -duty are au�orized to will carry only department - carry their issued weapon. issued shotguns. c. Authorization for officers to carry weapons while off -duty shall be subject to the following conditions: (1) Officers will be required to have in their possession the department -issued badge and official identification card. (2) Officers not in uniform, while on or off -duty, shall not wear a weapon in such a manner so as to attract attention or being in open view to the public. 6. Department -issued Weapons and Ammunition: a. Uniformed officers will carry the department -issued weapon only. The use of special weapons and ammunition in certain situations will be authorized by the Chief of Police. b. Detectives will carry only the department -issued weapon while on duty. Personal weapons must have the written approval of the Chief of Police prior to being carried as a duty weapon or as a supplemental duty weapon. c. Ammunition will be department -issued as approved by the Chief of Police. d. Uniformed officers and detectives of this department (1) All shotgun ammunition will be department -issued as authorized by the Chief of Police. (2) Unless authorized by the Chief of Police, no type of rifle will be carried or used by on -duty officers. The exception to this policy will be Emergency Response Team (ERT) officers. e. Officer Responsibility for Department -issued Firearm. (1) Officers must take reasonable and adequate care of any firearm issued to them. (2) In the event a firearm is lost, damaged, destroyed, or stolen, the officer may be subject to financial liability and/or dismissed if a preponderance of evidence establishes repeated negligence or willful destruction or damage of the firearm by the officer. (3) In the event of the loss of a department -issued firearm, the officer will immediately notify the shift supervisor who will in turn notify the Chief of Police. The supervisor will also notify local law enforcement authorities of the firearm loss and ensure that the loss is reported through the department's ACIC/NCIC terminal. 7. Discharge of Weapon: If an officer, on or off duty, fires a department -issued weapon (except training purposes such as range qualifications) or in the event of an accidental discharge the (1.3.1) Page 4 I J C1 I I [1 I I I I [] [] I I officer shall comity with the following: ' a. The officer who fired the weapon shall notify the shift ' supervisor as soon as practicable after the firing has taken place. I I H I I [] I I I I I b. The supervisor shall make a preliminary investigation each time an officer under his command fires a weapon. C. The supervisor shall cause a report to be filed immediately with the Chief of Police regarding the firing of any weapon by police personnel. d. If during the performance of duty or on any occasion an officer of the Fayetteville Police Department fires a weapon and in doing so wounds or kills a suspect or perpetrator of a crime, the following procedure is to be followed immediately: (1) The shift supervisor is to be notified immediately. (2) The shift supervisor will notify the Chief of Police immediately. (3) A shooting team, the members of which will be designated by the Chief of Police, will be called to the scene immediately. (4) This shooting team will be responsible for conducting a thorough investigation into the circumstances surrounding the shooting. The shooting team will, at the conclusion of the investigation, submit a report to the Chief of Police including the relevant facts and circumstances surrounding the incident and a conclusion as to whether the discharge violates departmental policy or State law. (5) This shooting team will be functioning with the full authority of the Chief of Police. This team will be in complete control of the entire investigation. All officers including shift supervisors shall give this team their full cooperation. No one shall interfere with such an investigation. (6) If the facts of the incident support a conclusion that the shot was the result of negligence, the officer shall be required to undergo firearms certification training again. C. Non -Lethal Weapons 1. The police baton shall be used as a defensive weapon only. See Policy 1.3.4 - Non Beth 1 DefenstLe Tactt ca) 4'ke bit aat torn. ___Pep Aerosol'Restrain Spray(Seee..General. Order #3 B;) (1.3.1) Page 5 ETTEVILLE POLICE DEPARTMERT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subject NON LETHAL DEFENSIVE TACTICS Reference (See G.O. #18) Distribution All Personnel I. PURPOSE The purpose of to ensure offi department established for lethal weapons tactics. II. POLICY this cers gu the i and Number 1.3.4 Special Instructions Reevaluation Date 1 Year policy is adhere to idelines ise of non - defensive The Pressure Point Control Tactics (PPCT) Management System will be the use of force format utilized by officers. LEVELS OF CONTROL The Force Continuum contains two areas of control which will be used by an officer, and the levels of resistance which are used by the offender. A. Levels of Control 1. Officer Presence No. Pages -3- The professional appearance and uniform of a police officer. 2. Verbal Direction The appropriate verbal response and commands used to attempt to direct the action of a suspect. Pe per xAerosd. 'k, Re t t 34'. Empty Hand I I I I I I L H I I Soft empty hand techniques consist of those techniques that have a minimal chance of injury such as hand strikes and leg strikes to specific motor nerve points located in muscle mass of the arms and legs. Pressure Point Control Tactics (PPCT) is the department (1.3.4) Page 1 I I ' approved defensive tactics be unwilling to comply or system. ignore the officer completely. I I I I I I I I I I Li 45. Intermediate Weapons An intermediate weapon is any tool used when empty hand control is not enough or would be dangerous for the officers to attempt, and deadly force is not justified. Soft intermediate weapons include such moves as joint locks with an impact weapon while hard strikes are with an impact weapon. The department issued intermediate weapon, or impact weapon, is the PR-24—side- ipplidic expandabtilre baton. Officers have discretion to use the it -2# _x'pandab3le baton as a defensive tactics tool to counter resistance and assaultive resistance. 56. Deadly/lethal force Force likely to cause death or serious physical injury. LEVELS OF 1. Psychological Intimidation The suspect attempts to intimidate the officers psychologically. These are non- verbal cues such as suspect attitude or physical appearance or physical readiness. 2. 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, 3. Passive Resistance 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. 4. Defensive Resistance The suspect performs actions which 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. 5. Active Aggression. The suspect attempts to harm the officer by physical actions such as striking or kicking him. 6. Aggravated Aggression The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. IV. 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. An intermediate weapon is any tool that is used when empty (1.3.4) Page 2 [I hands are not enoujand deadly • force is not needed. Officers, for their own protection, should understand and comply with the force continuum. V. Training Officers must be certified in the use of 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. (1.3.4) Page 3 1 1 I 1 1 1 1 1 ' FAYETTEVILLE POLICE DEPARTME FAYETTEVILLE, ARKANSAS • POLICIES, PROCEDURES, AND RULES I Effective Date Number 2.1.2 I Subject RELATIONSHIPS WITH OTHER AGENCIES ' Reference C I I I Distribution All Personnel I. PURPOSE Special Instructions Reevaluation Date 1 Year The purpose of this policy is to formulate a procedure of working with other law enforcement and social welfare agencies. II. POLICY A. LIAISON ' 1. Other Agency Liaison I F I I II It shall be the policy of the Fayetteville Police Department to establish and maintain a working liaison with the following organization; a. Other law enforcement agencies (particularly in northwest Arkansas); b. Members of the judicial process at the federal, state, and local levels; and c. Representatives of the state probation and parole system. 2. Fire Department Liaison No. Pages -2- The Fayetteville Police Department shall strive to hold annual meetings with representatives from the Fayetteville Fire Department to promote better coordination between the two departments. 3. Public and Social Service Agencies The Fayetteville Department shall officers with a list services at the state levels and other available to the pub: Police provide of social and local resources .ic. B. INTERAGENCY COORDINATION AND PLANNING 1. Criminal Justice Coordinating Council It shall be the policy of the Fayetteville Police Department to support local and state efforts to collectively plan criminal justice activities by providing a representative, when possible. 2. Liaison with Traffic Safety Agencies (2.1.2) Page 1 I It shall be the policy of the Fayetteville Police Department to maintain a positive ongoing relationship with local, state, and federal agencies responsible for monitoring traffic safety and public education. Requests for Assistance When another agency requests assistance, the senior supervisor on duty will receive the request and will determine if aid can, and should be rendered. The supervisor will then assign police personnel and equipment with instructions or cause the field supervisor to do so if the patrol program is involved. All Fayetteville police personnel will follow department rules, regulations and policy while on special assignments. I [. I I I H I Li I C I r I I I (2.1.2) Page 2 ' ' •FAYErTEVILLE POLICE DEPARTMEN FAYETTEVILLE, ARKANSAS I I Li Li I I J Li I J H IH I I I POLICIES, PROCEDURES, AND RULES Effective Date Number 12.1.1 Subject DIRECTION Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -4- PURPOSE The purpose of this policy is to define the responsibilities and position of the Chief of Police as the Chief Executive Officer of the Fayetteville Police Department, to designate command during his absence, and to make supervisors accountable for the performance of subordinates. II. POLICY A. CHIEF EXECUTIVE OFFICER The Chief of Police is the Chief Executive Officer of the Fayetteville Police Department, and as such shall be solely responsible for the management, direction, and control of the operations and administration of Department activities. 1. The Chief of Police is appointed by the CIL1 Manager Mayor following certification by the Civil Service Commission. 2. The Chief of Police is under the direct supervision of the City Maaagez Mcr. 3. The Chief of Police is responsible for the appointment and supervision of all subordinate employees under his command in the Department. 4. The Chief of Police is also responsible for the direction, planning, training and regulation of discipline within the Department. • • • ulu s UD, In order to ensure leadership is available when the Chief of Police is incapacitated, off duty, out of town, or otherwise absent from the decision making process, a supervisory contingency plan shall be in effect. The following list of supervisors specifies the chain of command that shall be followed in the Fayetteville Police Department: (12.1.1) Page 1 II 1. Assistant claefjI1 of Police b seniori=tv. 2. Captain(s) by seniority. 3. Lieutenant(s) by seniority. 4. Sergeant(s) by seniority. C. SUPERVISORY RESPONSIBILITY 1. Supervisory personnel shall be responsible for maintaining the Department's high level of standards and shall be held accountable for the performance of employees under their immediate supervision. 2. In order to achieve the basic goals and objectives of the Fayetteville Police Department, each supervisor must effectively direct, coordinate, and control the performance of each employee under his immediate supervision. 3. It shall be the policy of the Fayetteville Police Department to assign supervisory personnel with peripheral assignments at the order of the Chief of Police in addition to their primary responsibility of supervising subordinates so that Department goals and plans are being performed properly according to policies and procedures. 4. The following is a list of Department supervisory positions along with a brief synopsis of responsibilities within specified programs: a. Chief of Police The Chief of Police shall anticipate the future needs of the Department; decide what is to be done, how it may best be accomplished, and what resources will be needed for accomplishment. The Chief of Police will determine what policies, procedures, general orders, rules, regulations, and directives are necessary for the organizational maintenance of the operations of the Department. b. Assistant Chief of Police The A min "s r v'""T5 Assistant Chief of Police is authorized to act in the absence of the Chief of Police in all matters related to the Department. The Assistant Chief shall be responsible for the administrative support functions of the Department. I I I I I The pperat4iZnaci1Assistant Chief of Police abc, reviews all aspects of Department operations and performance; identifies needs for change in policies, resource allocations, or methods of operation; and prepares program plans and research reports. (See Assistant Police Chief job description in Personnel Office). Captain (12.1.1) Page 2 I I Eu I L I I I Captain, witilbl also e an active partPipant in the' pparatio '• of` -he .annualwbudgetg (See Police Captain job description in Personnel Office). d. Lieutenant ' The Lieutenant(s) of the Department direct, supervise, and coordinate operations of a ' specific shift or specialized unit operation within the Department. Lieutenant ' assignments generally include administrative work, commanding officer of a patrol shift, criminal investigations, and other supervisory and leadership assignments. (See Police Lieutenant job ' description in Personnel Office). IJ I I I I I H I I g. Sergeant The Sergeant(s) of the Department provide front line supervision of subordinate personnel on a particular shift or specialized unit such as Detective Division or drug investigation team. Sergeant(s) will perform various administrative functions in addition to their other duties. (See Police Sergeant job description in Personnel Office). D. LAWFUL ORDER OF A SUPERVISOR All employees shall promptly and to the best of their ability carry out any lawful orders directed by a supervisor. A "lawful order" is an order which officers or employees should reasonably believe to be in keeping with the performance of their duties. 1. Officts or employees shall not obey any order which they know or should know would require them to commit any illegal act. 2. Insubordination shall include conduct directed at a superior officer which is either disrespectful, mutinous, insolent, or abusive in nature. 3. Supervisory personnel shall retain a proper reserve and respect in all official relations with subordinates, being careful to abstain from violent or abusive language in giving orders or direction to subordinates. E. CONFLICTING ORDERS In the event an employee receives an order which is in conflict with a previous order, rule, regulation, or directive, the employee shall immediately and respectfully inform the supervisor issuing the order of the conflict. 1. If the supervisor does not alter or retract the conflicting order, the most recent order shall stand, and the responsibility for the conflict shall be placed on the supervisor. The employee shall not be held responsible for disobedience of the order. 2. The employee shall advise his immediate supervisor through departmental correspondence of the situation surrounding the conflicting order, and the supervisor shall resolve the situation. 3. The Chief of Police shall be provided a copy of all correspondence concerning the (12.1.1) Page 3 I conflicting o�er and • resolution. F. STAFF MEETINGS The Chief of police or his designee will conduct a staff meeting at lcaot tjuastcilyals n" a eel. 1. The Chief of Police will prepare an agenda listing specific topics for discussion. 2. Time will be set aside at the end of the staff meeting for discussing areas of special interest to staff members. 4. The staff meeting will include all buJyips gild those individuals whose presence is deemed necessary. (12.1.1) Page 4 •FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES 1 Effective Date Number 12.2.1 Subject ' POLICIES, PROCEDURES, & RULES DEVELOPMENT & REVIEW PROCEDURES Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 -Year -2- 1 II. PURPOSE tvrs,Cunci%ll) . (Arkansas The purpose of this directive Code Annotated 14-51-302). ' is to establish procedures for development of new or revised 2. A "General Order" is a department policies, written statement defining in procedures, and rules. more specific terms the ' Departmental "General Orders" procedures for day-to-day will also be covered in this operation of the department. policy. General Orders are approved and issued by the Chief of Police II. POLICY as necessary for maintaining an efficient operation. General A. It shall be the policy of Orders are intended to greatly the Fayetteville Police benefit an officer by giving Department that its members more specific details for a receive written communications particular subject but 1 in an orderly manner so that maintaining the spirit of the accurate information flows more formal Policies, smoothly throughout the Procedures, & Rules which • organization. For the purpose require Board approval. • of clarification: B. The following method will 1. A "Policy, Procedure, & be used for review of newly Rule" is a written directive proposed or revised policies, concerning policies, procedures and rules . procedures, and rules for '• department personnel which must 1. All personnel shall have be approved by the governing the opportunity to review new body of the municipality (by or updated policies, resolution of the City $omd-of procedures, and rules prior to 1 (12.2.1) Page 1 I approval by the Coy Board -of D i:rectarsCC nc- tt . 2. It shall be standard practice for new or revised policies, procedures, and rules to be reviewed by the following entities prior to approval by the City BaLJ B±MCtorsGo` un ill: a. CiLy t.1asacrMayor- b. City Legal Staff C. Civil Service Commis- sioners C. The physical format of policies, procedures, and rules documents shall all follow a like format and general appearance. The words "POLICIES, PROCEDURES, AND RULES" shall appear at the top of each first page. The format heading will also include designated boxes for the following: Effective date Number Subject Reference Special Instructions Distribution Reevaluation Date No. Pages (Number of pages) D. The physical format of all General Orders shall all follow a like format and general appearance. The words "GENERAL ORDER #" shall appear at the top of each first page. The format heading will also reserve spa for the following I information: Subject Cross -Reference Date Approved by Chief ' Name and signature of the Chief of Police I I I II I I I (12.2.1) Page 2 ' I L I1 H I, I I I I I I I I I I FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 16.2.3 Subject Temporary Light Duty Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -4- PURPOSE It is the purpose of this policy to establish the authority for temporary light - duty assignments and procedures for granting temporary light duty to eligible officers and civilian personnel within this agency. II. POLICY Temporary light -duty assignments, when available, are for officers and other eligible personnel in this agency who, because of injury, illness or disability, are temporarily unable to perform their regular assignments but who are capable of performing alternative duty assignments. Use of temporary light duty can provide employees with an opportunity to remain productive while convalescing as well as provide a work option for employees who may otherwise risk their health and the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this agency that eligible personnel be given a reasonable opportunity to work in temporary light -duty assignments where available and consistent with this policy. III. DEFINITIONS Eligible Personnel: For the purposes of this policy, any full-time sworn or civilian member of this department suffering from medically certified illness, injury or disability requiring treatment of a licensed health-care provider and who, because of injury, illness or disability, is temporarily unable to perform the regular assignment but is capable of performing alternative assignments. Family and Medical Leave Act (FMLA): Federal law providing for up to 12 weeks of unpaid (16.2.3) Page 1 • • 1 annual leave for workers. FMLA is used concurrently, not in addition to paid leave provided by this agency, - due to illness, injury or certain other family conditions/situations. IV. A. General Provisions 1. Temporary light -duty positions are limited in number and variety. Therefore, a. Personnel injured or otherwise disabled in the line of duty shall be given preference in initial assignment to light duty; and b. Assignments may be changed at any time, upon the approval of the treating physician, if deemed in the best interest of the employee or the agency. 2. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, American with Disabilities Act, or other federal or state law. 3. Assignment to temporary light duty shall not affect an employee's pay classification, pay increases, promotions, retirement benefits or other employee benefits. 4. No specific position within this agency shall be established for use as a temporary. light -duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary light duty. 5. Light -duty assignments are strictly temporary and normally should not exceed six months in duration. After six months, personnel on temporary light duty who are not capable of returning to their original duty assignment shall: a. Present a request for extension of temporary light duty, with supporting documentation, to the Chief of Police or his designate; or b. Pursue other options as provided by employment provisions of this agency or federal or state law. 6. Officers on temporary light duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of this department and that form the basis for their temporary light -duty assignment. 7. Depending upon the nature and extent of the disability, an officer on temporary light duty may be prohibited or restricted from wearing the department uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the Chief of Police so long as such limitation is consistent with the provisions of IV -B and IV -C of the policy. 8. Light -duty assignments shall not be made for disciplinary purposes. 9. Officers may not refuse temporary light -duty (16.2.3) Page 2 ' assignments that are supported by and consistent with the recommendations of an attending • physician or certified health- care provider. B. Temporary Light -Duty ' Assignments I I I I I I I I I 1 I I 1. Temporary light -duty assignments may be drawn from a range of technical and administrative areas that include but are not limited to the following: a. Administrative functions b. Clerical Functions c. Desk Assignments d. Report Taking e. Communications Property/Evidence 2. In addition to considerations included in IV - A -1 of this policy, decisions on temporary light -duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of light -duty assignments; and the physical limitations imposed on the officer. 4. Every effort shall be made to assign officers to positions consistent with their rank and pay classifications. However, where deemed appropriate, personnel may be assigned to positions designated for personnel of lower rank or pay classification. Officers thus assigned shall: a. Retain the privileges of their rank but shall answer to the supervisory officer of the unit to which they are assigned with regard to work responsibilities and performances; and b. Retain the pay classification and related benefits of the position held prior to their assignment to temporary light duty. C. Requests for and Assignment to Temporary Light Duty 1. Requests for temporary light -duty assignments shall be submitted to the officer's/employee's immediate supervisor. Requests must be accompanied by a statement of medical certification to support either by the treating physician or other licensed health-care provider. The certificate must include an assessment of the nature and probable duration of the disability and an acknowledgement by the health- care provider of familiarity with the light -duty assignment and the fact that the employee can physically assume the duties involved. 2. The request for temporary light duty and the physician's statement shall be forwarded to this department's personnel authority, who shall make a recommendation regarding the assignment to the Chief of Police..or.his designate. a. This department may require the employee to submit to an independent medical examination by a health provider of the department's (16.2.3) Page I • • 1 choosing. opinion c provider foregoing employee opinion expense. In the event the f this second health differs from the health provider, the may request a third at the employer's b. The employee and representatives of this department shall cooperate and act in good faith in selecting any third health-care provider, and both parties shall be bound by that medical decision. 3. An employee who has not requested temporary light duty may be recommended for such assignment by submission of a request from the officer's immediate supervisor. Such a request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary light duty or by a request/order for a medical or psychological fitness -for -duty examination. a. Notice shall be provided to the employee of the proposed temporary light -duty assignment together with justification for the recommendation. 4. As a condition of continued assignment to temporary light duty, officers shall be required to submit monthly physical assessments of their condition as specified by the personnel authority. D. Pregnant Officers 1. Pregnant officers are eligible for temporary light - duty assignments as available and as appropriate to their physical capabilities and well- being. 2. Where appropriate temporary light -duty assignments are unavailable, pregnant officers may pursue other forms of medical, disability or family leave (FMLA) as provided by this agency and state or federal law. 3. On a monthly basis, pregnant officers shall submit physician's medical certificates that document: a. The officer's physical ability to perform the present assigned duties, b. The physician's appraisal that the type of work being performed will not injure the officer or her expected child, and c. Any recommended duty restrictions or modifications including temporary light duty. 4. Pregnant officers shall be permitted to continue working on regular duty or temporary light -duty assignments as long as they present monthly physician certificates or until such time as a physician recommends that work be curtailed. (16.2.3) Page I I I I I J I I I I I I I I I Li I •FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS I I I I I I H I I I J I J I POLICIES, PROCEDURES, AND RULES Effective Date Subject DISCIPLINARY MATTERS & PROCEDURES Reference (See 52.1.1) Distribution All Personnel I. PURPOSE Number 26.1.1 Special Instructions Reevaluation Date 1 -Year 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 bearing 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. II. DISCUSSION It shall be the policy of the Fayetteville Police Depart- ment to follow and abide by the disciplinary policies and procedures in effect and No. Pages -4- addressed in the City's Civil Service Personnel Policy. 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. An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings. First, an oral warning from the immediate supervisor; second, an oral warning with a follow- up letter to the employee which sets forth the points covered in their discussion; and third, a written warning from the Department Chief serving notice upon the employee that noted deficiencies must be corrected immediately in order to avoid disciplinary action up to and including dismissal. The supervisor must record the dates of the discussions with the employee, the performance (26.1.1) Page 1 I deficiencies discued and the corrective actions required. 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 Officers 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. In case of alleged unjust treatment in violation of these policies, procedures, and rules, any officer may prefer charges against a superior to the proper authorities, but failure to substantiate such charges shall render the accusing member liable to disciplinary action. When any member 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. 2. The following acts, infractions, or violations of the policies, procedures, and rules shall be deemed sufficient cause for separation from the department: (a) Willful disobedience of lawful orders. (b) Disrespect or insolence toward a superior officer. (c) Beingnder the influence of intoxicants or drugs while on duty. (d) Absence without leave. (e) Incompetency. (f) 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. (g) Neglect or refusal to pay just debts. (h) Agitating or creating dissension in the department or attempting in any manner to cause ill feeling against any member of the department including civilian personnel working within our facility. (i) Making any false or unwarranted report, either publicly or otherwise, about a member of this department. ( j )tea j'D"isshonesty at any Uh t'ime k when i r�repr>esent:xncx �� depart'menta •k)rfltrac =r—• _ Candorr' --under I • wr..,nrv:�yy.+.»»wr w'^1"i M -`a .m+% -e4 Y.,-,-M-�ry direct;:quesst Io oning eitt her bb y any department supervisor. or anyinvestgator;.-iof `thee= Office flfl of ,Professsonal`-IStandards.1 (26.1.1) Page 2 IL I I I II I I Li I I I I I ri L I 1 I J Li I I I I I I I I 1 I I 3. It shall be to policy of the Fayetteville Police Depart- ment 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: (a) A lack of knowledge of the application of laws and ordinances required to be enforced. (b) An unwillingness or inability to perform assigned tasks. (c) The failure to take appropriate action on the occasion of a crime, disorder, or other condition deserving police attention. (e) Absence without proper leave. (d) Written record of repeated infractions of policies, procedures, rules, directives, or general orders of the department. B. Unbecoming Conduct Officers shall be held responsible at all times for conduct unbecoming an officer of the department which tends to lower the law enforcement service in the estimation of the public. Officers should be governed by ordinary rules of good behavior observed by law abiding and self-respecting citizens. 1. Any i9e, indiscreet, or disrespectful remark(s) or •uden a to citizens or any greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of the opposite sex while on duty shall subject a member to disciplinary action. roses l Hara �.l.. s.- PsmenSTt." j-' Sexua.'Policy 2. Officers are cautioned that the use of obscene, immoral, profane or disrespectful language, agitating and tending to create dissension in the department or attempts to cause undue or unfavorable reflection(s) upon any member of the department, will not be tolerated. Officers shall not engage in altercations between themselves under any circum- stances. 3. All officers when reporting for duty shall be completely attired in the regulation uniform as prescribed by the Chief of Police. ;(Refer`'•.to Generaal Order #?0 .. f6I 1 ,Grooming requirements) Failure to do so may subject the member to reprimand or suspension. C. Use of Alcohol & Drugs 1. No. employee .ofthe'. poli"ce department..,.;,, shall ". ,consume alcohohics:beverages*<<_while' on duty._ No officer of the department shall have or allow anyone else to have at any time, wine, beer, liquor or any other intoxicating drinks in or around the police station, except as directly -related to a case or as evidence item(s). Officers shall not at any time while on duty be under the influence of any wine, beer, liquor, or other intoxicants of (26.1.1) Page 3 Li any kind, or un er sickness caused or produced by the use of such intoxicants. Any officer absenting themselves from acliedu'led duty because of intoxicating drink, or reporting to duty under its influence, or in any unfit condition due to intoxicants or drugs will be subject to reprimand, suspension or discharge. D. Acceptance of Gratuities, Bribes, or Rewards 1. No officer (except when assigned desk duties inside the police facility) 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 Police Department. 2. No officer 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. E. Abuse of Authority 1. No officer shall take, solicit, retain, receive, or extort any fee, property, reward, gift, 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. 2. It shall be the policy of the Fayetteville Police Depart- ment that its officers shall not recommend or suggest in any manner, except in the trans- action of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). F. Use of Force Refer to Chapter 1.3.1. G. Proper Care & Maintenance of Equipment 1. officers positively shall not loan any department equipment or tools, except on permission of the Chief of Police or other supervisor. H I I I I I I I I I I Li I (26.1.1) Page 4 I I 1 I I I FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subject HARASSMENT IN THE WORKPLACE Reference (See 26.1.1) Distribution All Personnel Number 26.1.2 Special Instructions Reevaluation Date 1 Year I. PURPOSE ' The purpose of this policy is to maintain a healthy work environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. Federal law provides for ' protection of classes of persons based on race, color, sex, religion, age, disability and national origin. II. DIScuSSION • It is the policy of this • department that all employees have the right to work in an environment free of harassment. This department will not tolerate, condone or allow harassment by employees, ' whether sworn, civilian, or other non -employees who conduct business with this agency. ' This department considers harassment and discrimination I No. Pages -4- of others a form of serious employee misconduct. Therefore, this department shall take direct and immediate action to remedy all reported instances of harassment and discrimination. III. DISCUSSION A. Prohibited Activity 1. No employee shall harass another employee. 2. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, sex, religion age, disability, or national origin. Such harassment is a prohibited form of discrimination under state and federal employment law and is misconduct subject to disciplinary action by the department. 3. Sexual harassment is defined as unwelcome sexual (26.1.2) Page I I I advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under this policy include department members defined as employees. B. Management Responsibilities 1. Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes: a. Monitoring the work environment on a daily basis for signs that harassment may be occurring; b. Counseling the types prohibited department's reporting complaints of all employees on of behavior and the procedures for and resolving harassment; c. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and d. Taking immediate action to prevent retaliation towards the complaining party and to eliminate the hostile work environment where there has been a complaint of harassment, pending investigation. • If a situation requires , separation of the parties, care should be taken to avoid actions that appear to punish the complainant. • Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non -voluntary, should be temporary pending the outcome of the investigation e. Failure to carry out these responsibilities will be considered in any evaluation or promotional decision and may grounds for discipline. 2. Each supervisor has the responsibility to assist any employee of this agency who comes to that supervisor with a complaint of harassment in documenting and filing a complaint with the Chief of Police. 3. Each employee is responsible for assisting in the prevention of harassment through refraining from participation in, or encouragement of, actions that could be perceived , as harassment. C. Complaint Procedures , (26.1.2) Page 2 ' L 1. Any employee encountering harassment is encouraged to inform the person that his or her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. ' 2. Any employee who believes that he or she is being harassed shall report the ' incident(s) as soon as possible so that steps may be taken to protect the employee from further harassment, and so that ' appropriate investigative and disciplinary measures may be initiated. Where doing so is ' not practical, the employee may instead file a complaint with another supervisor, with the ' appropriate Office of Professional Standards investigative authority. ' a. The supervisor or other person to whom a complaint is given shall meet with the ' employee and document the incident(s) complained of, the person(s) performing or participating in the harassment, any witnesses to the incident(s) and the date(s) on which it occurred. El I I I I I b. The department employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Chief of Police. The Chief of Police will assign the complaint for investigation. 3. The Office of Professional Standards shall be responsible for investigating any complaint alleging harassment or discrimination. 4. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting , testifying or participating in the investigation of such a complaint. 5. The complaining party's confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. 6. Complainants or employees accused of harassment may file a grievance/appeal in accordance with department policy when they disagree with the investigation or disposition of the harassment claim. 7. This policy does not preclude any employee from filing a complaint or grievance with an outside agency. D. Retaliation 1. Retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint, is illegal and is prohibited by this agency and by federal statutes. 2. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. (26.1.2) Page 3 3. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the appropriate Office of Professional standards supervisor in charge of the Office of Professional Standards, or the Chief of Police. a. The supervisor to whom the complaint is given shall expeditiously deliver the complaint to the Chief of Police. 3. The Office of Professional Standards shall be responsible for the investigation of any complaint alleging harassment. 4. There shall be no retaliation against any employee for filing a harassment complaint, or assisting, testifying, or participating in the investigation of the complaint. I I Li I I J I I [1 I I I I [1 I (26.1.2) Page 4 ' I •FAYEIIEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES L1 I I I I I Effective Date (Number 33.1.1 Subject PHYSICAL FITNESS FOR LAW ENFORCEMENT OFFICERS Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -6- I. PURPOSE and safety, and to reduce the possibility of premature death, The purpose of this policy is heart attack, stroke, to establish standards and respiratory disease or other programs to ensure the physical illness related to lack of readiness of officers to physical activity. perform the frequent and critical physically demanding essential functions of their III• POLICY jobs. II. DISCUSSION Physical fitness for law enforcement officers is job - related and fitness tests have undergone court scrutiny and have been accepted as job related. ' Another concern is employee health. With the initiation of this program an effort will be ' made to improve employee physical fitness, employee performance and safety and to reduce the threat of illness caused by lack of physical fitness. The goal of the Department is to improve employee performance I A. All entry level and sworn uniformed personnel shall comply with the fitness standards set forth within this policy. 1. Entry level personnel are those applying for a police officer position with the City of Fayetteville. 2. Sworn uniformed personnel are those sworn employees at or below the rank of lieutenant. 3. Testing will be conducted bi-annually on dates set by the Fitness Coordinators. B. Physical Fitness Testing Procedures For Applicants (33.1.1) Page 1 I 1. When an apprication is completed a medical history form, along with a physical activity readiness form(PARQ), provided by the Fayetteville Police Department, shall be completed by the applicant. A copy of both forms will be forwarded to a Fitness Coordinator for review. 2. Prior to a final offer of employment, those applicants still eligible shall be subject to a standard physical fitness test as designated by this policy. 3. Failure to meet any of the established Physical Fitness Standards will result in no offer of employment to the applicant. C. Physical Fitness Testing For Incumbent Sworn Uniformed Personnel. 1. Incumbent personnel will be assessed to determine their level of fitness. A Fitness Coordinator will review the assessment with the employee in order to determine a starter program which will assist the employee in achieving department standards. 2. Incumbent personnel will be introduced to the program in phases. (a) Phase Mandatory Voluntary following dealt with Phase II: 1. Medic I (1st year) Participation/ Compliance. The components will be in both Phase I and al screening 2. Fitness testing 3. Fitness education 4. Indiv�alized exercise prescription (b) Phase II (After 1st year) Mandatory Participation/ Mandatory Compliance. 1. Department standards must be met. D. COMPLIANCE 1. Phase I (a) If an officer cannot take the fitness test or participate in exercise, he/she should be placed on temporary limited/light duty until he/she can take the test and exercise. This reflects a very basic rationale for the program - if an officer has a serious enough medical or physical problem that he/she cannot take the fitness test exercise, then he/she could not be expected to perform the essential physical tasks of the job. (b) Phase I should consist of the following: * medical screening * periodic fitness testing * fitness education * individualized exercise prescription * no compliance to a standard or to exercise is required. 2. Phase II (a) Mandatory participation as defined in Phase I (b) Formal medical and performance review systems from Phase I are in place. (33.1.1) Page 2 u L I I I I I I I [1 I Cl I I I I (c) Mandatory cooliance of a. Partipants should warm the following Absolute up and stretch thoroughly Standards will be adhered prior to the test. to: b. The participant runs 1.5 • 1.5 mile run (min/sec) 16:28 miles as fast as possible. • 300 meter run (seconds) 71.0 • 1 RM bench press (ratio) .64 c. Upon completion, a ' mandatory cool down • Maximum push ups (#) 25 period is enforced. The participants should walk I. 1 minute sit ups (1$) 29 slowly for about 5 minutes immediately after • vertical jump (inches) 16.0 the run to prevent venous ' pooling (i.e. pooling of the blood in the lower (d) The compliance process is extremities which reduces defined as follows: the return of blood to ' the heart and may cause 1. Those unable to comply cardiac arrhythmias). will be . given an ' opportunity to retest as 2. The 300 meter run soon as possible with no measures anaerobic sanction. The retest strength. ' will consist of the entire fitness testing a. Participants should warm process. up and stretch thoroughly prior to the test. 2. A remedial program will be provided for non- b. The participant runs 300 compliers. meters as fast as possible. (e) Failure to comply with these Absolute Standards C. A mandatory cool down is ' will result in enforced, as with the 1.5 disciplinary measures mile run. being taken, up and to termination of 3. The one repetition ' employment. (Refer to: maximum (RM) bench press 26.1.1,Comliance with measures absolute Department Directives) strength which involves forcing a muscle group to exert a maximum force. E. PROCEDURES FOR FITNESS TESTING a. Two experienced spotters ' must be used, one on each 1. The 1.5 mile run measures end of the bar. aerobic power ' (cardiovascular b. Starting weight for men endurance) is about 2/3 of body weight. Starting weight for women is the bar (45 lbs). I (33.1.1) Page 3 Li c. With the subject in the femala. a 3 -inch sponge supine position, spotters may be placed under the lower the bar to level of sternum to substitute for subjects chest. Subject a fist. should have a shoulder width grip on bar. b. Starting from the up position (elbows d. Spotters then release the extended), the subject bar and the subject must keep their back presses to full extension straight at all times and while exhaling, lower their body to the floor until their chest e. Spotters take the bar, t o u c h e s t h e place it on the rack and administrator's fist. increase the poundage. The subject them returned to the up position. This , f. Repeat steps 3, 4 and 5 is one repetition. until the 1RM is reached. This should take c. Resting is only allowed approximately 5 to 6 in the up position. trials. d. The total number of g. Convert the 1RM free correct push-ups weight bench press score performed in 1 minute is to the estimated 1RM recorded as the score. Universal bench press score by using the 5. The Sit-up Test measures following formulas: the abdominal muscular endurance. Males: Estimated 1RM Universal = (1.016 a. The subject starts by x free weight 1RM) lying on their back, + 18.41 knees bent, heels flat on the floor, with their Females: Estimated 1RM fingers laced and held Universal = (.848 behind their head. x free weight 1RM) + 21.37 b. A partner holds their feet down firmly. 4. The Push-up Test measures the muscular endurance c. The subject then performs of the upper body as many correct sit-ups (anterior deltoid, as possible in one pectoralis major and minute. triceps). d. In the up position, the a. The hands are placed subject should touch about shoulder -width his/her elbows to his/her apart, with fingers knees and then return pointing forward. The until their shoulder administrator places one blades touch the floor. fist on the floor below the subject's chest. If e. The score is the total a male is testing a number of correct sit- ups. Any resting should (33.1.1) Page 4 , be done it the up position. f. Breathing should be as normal as possible and making sure the subject does not hold their breath. ' g. Neck remains in the neutral position. ' 5. The Vertical Jump measures leg power. ' a. This test is administered with shoes on. b. Stand adjacent to and perpendicular to the wall with dominant hand side closest to the wall. ' c. With heels flat and slightly apart, reach up, ' extend arm fully and touch the wall with fingertips. ' d. Bend knees, crouch down, arms down by side and jump vertically with maximal effort. Touch the wall with fingertips at height of jump. ' e. A measurement of the distance between the subject standing reach ' and the farthest point touched during the vertical jump will be ' taken. The measurement is taken to the nearest i4 inch. If. Perform 3 trials using the best score for the test. I I I 7. DEFINITIONS Uniformed sworn personnel Defined as Lieutenant, Sergeants, Patrol officers, and Detectives. Fitness coordiiors Trained and certified as a Physical Fitness Specialist to implement a fitness program based on the standard or ordinary care according to American College of Sports Medicine. Medical History Ouestioner and Physical Activity Readiness Ouestionnaire(PAR-Ol Screening tools used to identify individuals who should not be tested in a field setting without physician clearance. Informed consent form Informs the participant about the nature of the testing procedures and includes the potential benefits and risks of the testing. Body composition The proportion of fat, muscle, and bone that make up the body. Blood pressure The force that moves blood through the circulatory system. Hieh risk factors for Coronary Heart Disease The factors that would increase the likelihood of a cardiovascular event. These include: 1. Personal history of cardiovascular disease 2. Cigarette smoking 3. Hypertension a. Blood pressure greater than 140/90 mmHg b. Anyone taking antihypertensive medicine 4. Elevated blood cholesterol level a. Total cholesterol greater than 200 mg/dl b. LDL greater than 130 mg/dl c. HDL less than 35 mg/dl d. HDL ratio greater than 5 (33.1.1) Page 5 5. Family history 6. Diabetes Medllitus 7. Sedentary lifestyle 8. Visceral Obesity 9. Serious medical conditions whereby the risk of exercise outweighs the benefits 10. Age a. Age is only a risk factor when males are older than forty-five and females are older than fifty-five. LDL Cholesterol The lipoproteins which bind to arterial walls and create plaque. HDL Cholesterol The lipoproteins which assists in the removal of excess cholesterol from the blood. Total Cholesterol A sum of the very low density lipoprotein levels, the low density lipoprotein, and the high density lipoprotein. Absolute standard The same fitness standards are used to evaluate all personnel. Absolute strength The amount of tension a muscle can exhibit in one maximal contraction. Dynamic Strength or Muscular endurance The ability to contract the muscle repeatedly over a specific period of time without undue fatigue. Three minute step test The purpose of this test istomeasure the heart rate in the recovery period after three minutes of stepping. One and a half mile run The purpose o this test is to measures the aerobic power or cardiovascular endurance of the participant. It tests pursuit tasks and use of force that lasts over one to two minutes. Three hundred meter run This test measures anaerobic power which is used during sprints or any short intense use of force. 1 RM (Renetition Maximum) bench Dress test This test measures the absolute strength in the upper body. These muscles are used while lifting, carrying, or pushing heavy objects. One minute sit up test This test measures abdominal muscle endurance. These muscles are used while lifting, carrying, and dragging.. Maximum Push up Test This test measures the muscular endurance of the upper body which is used while lifting, carrying, and pushing. Sit and Reach Test This test measures the range of motion in the muscles in the back of the legs (hamstrings), gluteus, and lower back. These muscles are use while lifting, carrying, pushing, dragging, and extracting. Vertical Jump This test measures explosive strength in the lower body which is used while lifting, carrying, pushing, dragging, and extracting. (33.1.1) Page 6 n I I I I I I I I I I I I I I I I ' •FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS H I I I C1 11 I I POLICIES, PROCEDURES, AND RULES Effective Date Number 41.1.1 Subject PATROL Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 -Year -4- I. PURPOSE The purpose of this directive is to state policies relating to the organization, admin- istration, and operations of the patrol component of the Fayetteville Police Department. II. POLICY c. Response to services; called -for d. Investigation of crimes, offenses, incidents, and conditions, including arresting offenders; e. Traffic direction and control; IA. ORGANIZATION AND ADMINISTRATION f. Regulation of certain businesses or activities as 1. Patrol Functions required by law; ' The primary functions of the g• Maintenance of public patrol component include the order; ' following: h. Provision of emergency a. Preventive patrol services; • (including inquiry and inspectional activity) oriented i. Development of toward prevention of crimes and relationships between citizens accidents, maintenance of and the department; and ' public order, and the discovery of hazards and delinquency- j• Reporting of information causing situations; to appropriate organizational components. b. Crime prevention 2. Patrol Performance activities; a. The Chief of Police shall be responsible for reviewing 11 (41.1.1) Page 1 annual patrol performance measures. b. These performance measures must be attainable, quantifiable, and measurable. 3. The Chief of Police will be responsible for establishing procedures to ensure positive communication between patrol and other divisions and programs within the department. 4. Patrol Response The Fayetteville police will be available for public service and emergency calls 24 hours a day, every day of the week. 5. Officer Assignment a. The Chief of Police will be responsible for assigning officers to a shift. b. The assignment will be based on a uniform procedure to ensure impartiality in the decision making process. c. Shift supervisors will be responsible for beat assignments and beat rotation schedules. d. The shift sergeant will be responsible for field operations. e. When determining days off for patrol officers and first line supervisors, daily workload requirements and maximum coverage take priority over personal preference. 6. Roll Call and Briefing a. Officers shall attend roll call and briefing at the beginning of each shift until released by the shift supervisor. Shift roll call/briefing shall include: (1) Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations; (2) Notifying officers of potential and actual police hazards in the area; (3) Notifying officers of ' changes in schedules and assignments; (4) Notifying officers of new or revised policies, procedures, rules and general orders; and (5) Evaluating officer readiness to assume patrol. 7. Patrol officers shall refer to their unit number in radio communications. 8. Central dispatch center will assign the number of units and beat unit to respond to certain calls such as: a. An assault on an officer; b. On -scene arrest for a felony or violent misdemeanor; c. Resistance to arrest; d. Use of force; e. A crime in progress; or , f. A fleeing suspect. 9. The Chief of Police shall , determine what calls do not require the dispatch of an officer and can be effectively (41.1.1) Page 2 , handled by *eceiving 10-9 Repeal information on the telephone. 10-10 Out of service - subject to call 10. The Chief of Police shall 10-11 Dispatching too rapidly determine what circumstances 10-12 Officials or visitors ' require the presence of a present patrol supervisor at the scene 10-13 Advise road and weather for the purpose of assuming conditions command. 10-14 Convoy or escort 10-15 We have prisoner in B. OPERATIONS custody 10-17 Pick up papers at '• 1. Preliminary and Followt;up Investigations. 10-19 Return to your station 10-20 What is your location The Chief of Police shall 10-21 Call by determine the categories of telephone crime and incidents that should 10-22 Disregard last receive preliminary information ' investigation or followup 10-23 Standby - interference investigations by patrol 10-24 Trouble at All officers. units report to ' 10-25 Do you have contact with 2. Field Interviews 10-27 Any answer our number _ ' Patrol personnel will document all field interviews to provide 10-28 Check full registration other officers and detectives 10-29 Check for wanted with information concerning 10-30 Does not conform to ' suspicious persons. rules and regulations 10-31 Is polygraph available 3. Officer Access to Radio 10-32 Need gas chromatograph ' Communications test 10-33 Emergency traffic at a. When possible, all patrol this station officers shall be equipped with 10-35 Confidential information a portable radio and/or a 10-36 Correct time mobile radio unit. 10-37 Dispatcher on duty 10-42 Officer now at ' b. Patrol officers shall his home utilize the 10 -code in keeping 10-50 Traffic check or no each other, supervisors, and traffic ' dispatchers informed of 10-51 NCIC inquiry locations, the nature or status 10-52 Negative NCIC return of a call, and developments in 10-53 Positive NCIC return an investigation. 10-63 Net directed ' 10-64 Net free 10-1 Receiving poorly 10-81 Officer is out at 10-2 Receiving well police station ' 10-3 Stop transmitting 10-88 What is the phone number 10-4 Message received okay 10-97 Arrived at scene 10-5 Relay 10-98 Finished last assignment ' 10-6 Busy 10-100 Bathroom 10-7 Out of service 10-8 In service 4. Uniforms (41.1.1) Page 3 a. Officers will bide by the uniform procedures established by the Chief of Police. All members of the department shall be required to present at all times a neat, clean, well- groomed appearance. When reporting for duty, the member's shoes or boots shall have been shined, trousers shall be pressed and shirts shall look neat. (See Gener-al1 order #20 for Gr,�o�omIM requirements) b. They will each be furnished an annual uniform allowance in an amount approved by the City Board GouncPil. 5. Uniformed officers shall wear a bullet resistant vest at all times unless specifically exempted by the Chief of Police. Canine Units The canine units provide a special tactical function in the detection of suspects, evidence, or contraband believed to be at or near the scene of a crime. (See Chapter 41.2.17). 7. Telephone/Current Address Information Required All members of the police department are required to have a working telephone and to keep the department advised of the current telephone number. Likewise, all members are required to provide the department with current address information. Any changes in phone numbers or addresses shall be promptly reported to immediate supervisors who should immediately provide them with the department approved form. The completed forms will be submittt to the office of the Chief of Police. 8. when any sworn member of 1 the department is unable to report for duty on account of sickness or injury, such fact shall be promptly reported to the ehief, A!,oi tTTxt O111 t, Cataizi, w. any on -duty supervisor. 9. Every full-time member of the department shall devote their whole time to the business of the department and is expressly prohibited from being employed in or giving their personal attention to any other business except with the permission of the Chief of Police. The Chief shall apply the following areas when considering a request for extra outside employment: (a) Is there a conflict of interest? (b) Will there be a decrease in trust and confidence from the public? (c) Will the outside ' employment interfere with the regular duties of the employee. (d) Are there any liability concerns? I Li I I (41.1.1) Page 4 , I I •FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES I Subject ' BICYCLE PATROL Reference Distribution All Personnel 1 I I I I. PURPOSE Effective Date Number 41.1.4 Special Instructions Reevaluation Date 1 -Year The purpose of this directive is to state policies relating to the organization, administration and operations of the bike patrol component of the Fayetteville Police Department. No. Pages -4- Officers assigned to the bike patrol should meet the following minimum requirements: 1. The number of part-time assigned to patrol will be by the Chief o full-time/ officers the bike determined f Police. ' II. DISCUSSION 2. officers must The Fayetteville Police successfully complete the ' Department shall implement and departments prescribed staff a bicycle patrol unit. training course for This is a special method of police mountain bike patrol and members will provide patrol. first -line police services in the areas to which they are 3. Officers must be in good assigned. These areas will be physical condition to t dictated by the Chief of undergo the rigors of Police. The bicycle patrol long term bicycle riding. unit is to serve as an 'effective proactive force in 4. Officers must present a crime prevention, crime professional image and be detection and enforcement. capable of interacting Bike patrol officers are with the public in a ' governed by all policies set positive and friendly forth in section II, number manner. 41.1.1 of this manual. 5. Officers must be willing A. OFFICER ASSIGNMENT to ride in inclemate I (41.1.4) Page 1 F weather and fill shift and at safety equipment is in good vacancies at the direction of the working order. supervisor. 7. The police mountain bike B. D U T I E S A N D is not a legal emergency vehicle by state RESPONSIBILITIES standards. When being to the ridden in an emergency Officers assigned situation, officers must bike patrol share the same exercise extreme caution duties and responsibilities as at all times. all other officers assigned to the patrol division and 8. Officers will not use the additionally: bike as a weapon beyond 1.. Perform patrol duties in their scope of training, unless faced with a designated target areas deadly force situation. as determined by the (See section 1.3.1) Chief of Police. 2. For officer safety C. UNIFORMS AND EQUIPMENT reasons, it is preferred Officers assigned to the that officers patrol in Fayetteville Police Department two person teams. Bike Patrol are only authorized to wear uniforms nt 3. Bike patrol officers will approvedby rmtnd the Chief ef of ride in all acceptable Police. These items include, weather. In inclement but are not limited to: weather the bike patrol or on -duty patrol 1. LAPD blue coolmax long supervisor will determine sleeve and short sleeve whether or not to polo shirts. terminate the bike patrol function for that period. 2. LAPD blue supplex cycling 4. Officers will never shorts and pants. operate a police 3. LAPD blue ultrex cold ' department bike without weather cycling pants. the required safety equipment. (See 4. Light blue with LAPD blue maintenance and equipment ultrex New York zip section) sleeve cycling jacket. 5. Officers will not expose 5. Black bike specific shoe ' the bikes to unreasonable which must be approved by hazards or abuse, except the Chief of Police. in situations that pose a threat to the safety of 6. White below the calf any person. _socks. 6. Officers will inspect 7. Black mock turtle neck their bikes at the shirts may be worn under beginning of each shift the winter uniform shirt. to ensure that the bike is functioning properly (41.1.4) Page 2 1 ' 8. Smith Moab Art shields soon It possible via the are the approved eyewear. bike repair/maintenance form. 9. Duty gear will consist of I 'rJ [] [I I I I I I I I I C departmental issued "Uncle Mike's" black nylon web gear and the Pro 3 triple retention duty holster. 10. Only departmental approved helmets meeting ANSI, ASTM, or SNELL 4. safety guidelines will be worn by any on -duty bike officers. 11. Officers will ensure that all equipment and tools are returned to their proper location at the end of their shift. 12. officers are prohibited from operating a police department bike unless they are wearing departmentally approved eye wear, gloves and a properly fitted helmet. D. MAINTENANCE Bike patrol officers are required to take an active role in the maintenance and day to day care of the department issued bikes. 1. Officers are responsible for minor maintenance, repairs, and cleaning of their bikes. This will increase the life of the equipment and maintain a professional image. Officers should never attempt a repair which is beyond their scope of training and ability. 2. Officers are required to report all major repair needs to a bike maintenance officer as Officers will inspect their bikes at the beginning of each shift to ensure that the bike is functioning properly and all safety equipment is in working order. The bike patrols trained maintenance officers will be responsible for maintaining repair and maintenance logs on each department bike. They will also ensure that all bikes are in good working order at all times and that a good supply of replacement parts are always on hand. 5. Bikes are an expensive piece of equipment that react poorly to abuse and neglect. Officers are required to treat the bikes accordingly and never subject them to unnecessary abuse or technical riding conditions that exceed the officers abilities. 6. At the beginning of each shift officers will check to ensure each bike is equipped with the tools necessary to make minor field repairs. Under no circumstances will non -bike patrol personnel be allowed to remove department purchased tools or equipment from the maintenance area. E. OPERATIONAL CONSIDERATIONS (41.1.4) Page 3 Bikes are a va uable tool to ma!ltain a reasonably ' to police officers. Along with slow speed and yield to '. the benefits come some dangers all pedestrian traffic. and tactical considerations. The following policies will be F. TRAINING strictly adhered to by Fayetteville Police Department bike patrol officers: All patrol officers assigned to the bicycle patrol 1. Under normal conditions unit will be required to attend bike officers will follow a department approved police all state and local laws cyclist training course prior governing the operation to beginning their bike patrol of motor vehicles and duties. Bike officers will be bicycles on public evaluated every six months on roadways. their bike handling and patrol skills. Officers failing to 2. During hours of low light meet minimum requirements will bikes will not be be required to attend monthly operated in traffic in service training to improve without the use of their skills. headlights and taillights. , 3. Bike officers are required to wear helmets, gloves and eye protection during firearms training and qualifications. 4. It is strictly prohibited to discharge a weapon from a moving bike. It is extremely difficult to engage a target from a moving bike and doing so would put innocent bystanders at substantial risk. ' 5. Officers will not ride along side a moving suspect vehicle in an attempt to gain the drivers attention. The contact officer should make an attempt from the left rear corner of the suspects vehicle. 6. Anytime an officer is operating a bike on a sidewalk or any pedestrian specific path, the officer is required (41.1.4) Page 4 ' FAYETTEVILLE POLICE DEPARTMENT• FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES I I H I I I I I I I I I I Effective Date (Number 41.2.8 Subject VEHICULAR PURSUIT Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 -Year -4- I. PURPOSE The purpose of this policy is to state the guidelines to be followed during vehicular pursuit. (Note: In instances where there is no Field Supervisor on -duty, the wording "Shift Supervisor" applies throughout this policy.) II. POLICY Vehicular pursuit of fleeing suspects presents a danger to the lives of the public, officers and suspects involved in the pursuit. It is the policy of this department to protect all persons' lives to the extent possible when enforcing the law. In addition, it is the responsibility of the department to assist officers in the safe .performance of their duties. To effect these obligations, it shall be the policy of the department to narrowly regulate the manner in which vehicular pursuit is undertaken and performed. III. DEFINITION A. Vehicular Pursuit: An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics. IV. A. Initiation of Pursuit 1. The decision to initiate pursuit must be based on the pursuing officer's conclusion that the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large. 2. Any law enforcement officer in an authorized emergency vehicle may initiate (41.2.8) Page 1 a vehicular pursuit when ALL of the following criteria are met: a. The suspect exhibits the intention to avoid arrest by using a vehicle to flee apprehension for an alleged felony or misdemeanor that would normally require a full custody arrest; b. The suspect operating the vehicle refused to stop at the direction of the officer; and c. The suspect, if allowed to flee, would present a danger to human life or cause serious injury. 3. The pursuing officer shall consider the following factors in determining whether to initiate pursuit: a. The performance capabilities of the pursuit vehicle; b. The condition of the road surface upon which the pursuit is being conducted; c. The amount of vehicular and pedestrian traffic in the area; and d. Weather conditions B. Pursuit Officer Responsibilities 1. The pursuing officer shall immediately notify communications center personnel that a pursuit is underway. The officer shall provide communications personnel with the following information: a. Unit identification; b. IJocation, speed and direction of travel of the fleeing vehicle; c. Description and license plate number, if known, of the fleeing vehicle; d. Number of occupants in the fleeing vehicle, and descriptions, where possible; and e. Reasons supporting the decision to pursue. 2. Failure to provide this information to communications personnel may result in an immediate decision by a field supervisor assigned to monitor the pursuit to order its termination. 3. The primary pursuit unit shall reduce the level of pursuit to that of support or backup unit where: a. Another vehicle has been assigned primary pursuit responsibility. 4. Any primary or backup unit sustaining damage to, or failure of essential vehicular equipment during pursuit shall not be permitted to continue in the pursuit. The unit shall notify communications so that another unit may be assigned to the pursuit. C. Communications Center Responsibilities 1. Upon that a pursuit communications immediately a supervisor information pursuit. notification is in progress, personnel shall dvise a field of essential regarding the (41.2.8) Page 2 I I I [I I El I I C [I H [_] I H 1 I I H I I C J 1 I I I I I I I I 2. Communications personnel shall carry out the following activities and responsibilities during the pursuit: a. Receive and record all incoming information on the pursuit and the pursued vehicle; b. Control all radio communications and clear the radio channels of all non - emergency calls; c. Obtain criminal record and vehicle checks of the suspects; d. Coordinate and dispatch backup assistance under the direction of the field supervisor; and e. Notify neighboring jurisdictions, where practical, when pursuit may extend into their locality. D. Field Supervisor's Responsibilities During Vehicular Pursuit 1. Upon notification that a vehicular pursuit incident is in progress, the field supervisor shall assume responsibility for the monitoring and control of the pursuit as it progresses. 2. The field supervisor shall continuously review the incoming data to determine whether the pursuit should be continued or terminated. 3. In controlling the pursuit incident, the field supervisor shall be responsible for coordination of the pursuit as follows: a. ITirecting pursuit vehicles into or out of the pursuit; b. Redesignation of primary, support or other backup vehicle responsibilities; c. Approval or disapproval, and coordination of pursuit tactics; and d. Approval or disapproval to leave jurisdiction to continue pursuit. 4. The field supervisor may approve and assign additional backup vehicles to assist the primary and backup pursuit vehicles based on an analysis of: a. The nature of the offense for which pursuit was initiated; b. The number of suspects and any known propensity for violence; c. The number of officers in the pursuit vehicles; d. Any damage or injuries to the assigned primary or backup vehicles or officers; e. The number of officers necessary to make an arrest at the conclusion of the pursuit; and f. Any other clear and articulable facts that would warrant the increased hazards caused by numerous pursuit vehicles. E. Traffic Regulations During Pursuit (41.2.8) Page 3 1. Each un authorized preserving• the lives and to engage in vehicular pursuit property of both the public and shall be required to activate the officers and suspects headlights and all emergency engaged in pursuit. Pursuit vehicle equipment prior to may be terminated by the beginning pursuit. pursuing officer, the field supervisor or chief executive 2. Officers engaged in officer of the department. pursuit shall at all times drive in a manner exercising 2. Pursuit shall be reasonable care for the safety immediately terminated in any of themselves and all other of the following circumstances: persons and property within the pursuit area. a. Weather or traffic conditions substantially 3. Officers are increase the danger of pursuit permitted to suspend beyond the worth of conformance with normal traffic apprehending the suspect; regulations during pursuit as long as reasonable care is used b. The distance between when driving in a manner not the pursuit and fleeing otherwise permitted, and the vehicles is so great that maneuver is reasonably further pursuit is futile; or necessary to gain control of the suspect. c. The danger posed by continued pursuit to the F. Pursuit Tactics public, the officers, or the suspect is greater than the 1. Unless expressly value of apprehending the authorized by a field suspect(s). supervisor, pursuit shall be limited to the assigned primary 3. The pursuing officer and backup vehicles. Officers shall relay this information to are not otherwise permitted to communications personnel along join the pursuit team, or with any further information follow the pursuit on parallel acquired which may assist in an streets. arrest at a later date. 2. Officers may not H. interjurisdictional intentionally use their vehicle Pursuits to bump or ram the suspect's vehicle in order to force the 1. The pursuing officer vehicle to a stop off the road shall notify communications or in a ditch. when it is likely that a pursuit will continue into a 3. Departmental policy neighboring jurisdiction, or pertaining to use of deadly across the state line. force shall be adhered to during the pursuit. .2. Pursuit into a bordering state shall conform G. Termination of Pursuit with the department's interjurisdictional pursuit 1. A decision to agreement, if existent, and terminate pursuit may be the state law. most rational means of (41.2.8) Page 4 I I. The field super isor shall • prepare a comprehensive analysis of the pursuit, and forward it to the chief Assistant Chief _ Operabiona. 1 H 1 I I H I H I I I 'I I (41.2.8) Page 5 •AYETTEVILLE POLICE DEPARTMENI� FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject USE OF Reference Distribution All Personnel I. PURPOSE Effective Date VEHICLES/EQUIPMENT; Number 41.2.11 PASSENGERS Special Instructions Reevaluation Date 1 Year The purpose of this directive is to state policies concerning the use of department owned, leased, or operated vehicles. II. POLICY A. Officers and employees of this department shall not abuse or misuse departmental vehicles and equipment. No employee will alter department vehicles or equipment except in the course of repairing the vehicles or equipment. B. TAKING VEHICLE OUTSIDE CITY LIMITS Operators of department vehicles are prohibited from taking the vehicle outside the city limits of Fayetteville without obtaining prior permission from the shift supervisor, Chief, or Assistant Chief, or the Captain. An exception to this rule is granted when an officer is in I I I I H No.Pages ' 2 - pursuit of a violator or on some emergency run. Under emergency circumstances there is an "implied permission" for leaving the city limits. However, as the officer is leaving the city limits, the Central Dispatch Center (CDC) is to be notified, who in turn is to immediately notify the shift supervisor. The shift supervisor is to immediately notify the officer whether permission is granted or whether the officer is to return to the city limits. 1. In all cases involving the use of department vehicles outside the city limits, the operator of the vehicle is to radio the CDC as they are leaving the city limits and radio the CDC when they return to the city limits. 2. Detective. Division personnel and all officers with home -storage units shall be exempt from notifying the CDC when they are leaving or returning to the city limits. (41.2.11) Page 1 C I H H H I H H Li H H H ' C. RIDERS IN PACE CARS • ' No person or persons shall be permitted to ride in a department vehicle with an ' officer without approval of one of the department's supervisory personnel. This prohibition shall not apply to officers ' from other departments, persons in custody, persons being assisted, persons assisting the ' officers, members of the judicial system or other city employees on official business. H H I I H I H I I I I (41.2.11) Page 2 •FAYET FEVILLE POLICE DEPARTMENP FAYETfEVILLE,ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date (Number 41.2.13 Subj ect SEATBELT USAGE Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -2- I. PURPOSE The use of seatbelts can have a significant effect in reducing the number of deaths and the severity of injuries resulting from traffic accidents. Occupant safety restraining devices are also an important factor in assisting officers in maintaining control of their vehicles during pursuit or emergency high-speed operations. The purpose of this directive is to establish rules for use of occupant safety restraining devices in department vehicles. II. POLICY A. All personnel operating, or riding in, city owned, leased, or operated vehicles must use available safety belt systems while the vehicle is in motion. 1. Non -employees riding as passengers in city owned, leased, or operated vehicles must use available safety belt systems while the vehicle is in motion. 2. It shall be the responsibility of the employee driving the city vehicle to see that all passengers utilize available safety belt systems while the vehicle is in motion. 3. vehicles with non -operable safety belts on the driver's side shall not be driven by employees unless the purpose of driving is to deliver the vehicle for safety belt repair. Vehicles with non -operable safety belts in other seating positions shall not transport passengers in those seating positions. it is the responsibility of the driver of the vehicle to report any safety belt defect to their immediate supervisor and to complete any required vehicle repair forms. 4. Exemptions: This policy shall not apply to persons occupying a seating position not equipped with a safety belt assembly, or to any officer I L I I LI H I J I I J I I J I I (41.2.13) Page 1 t I ' possessing a writttindication from a physician or the Chief ' of Police stating medical or physical reasons prevent the officer from using the safety belt system. (a) In the event a violent or otherwise uncooperative ' prisoner is placed in a city vehicle, the officer simply directing the prisoner to wear ' the safety belt shall be considered compliance with this policy (even if the prisoner ' refuses to comply). (b) It is recognized that other safety considerations may ' outweigh strict compliance concerning the use of safety belts. During the few seconds ' of time just before a vehicle comes to a complete stop, as during a traffic stop, or ' arrival at an emergency call, it is permissible for officers to unbuckle the safety belt in preparation for exiting the ' vehicle. (c) Undercover officers in the furtherance of an official investigation are exempt from this policy if in their opinion such compliance could ' jeopardize their undercover capacity or the investigation. I H I I I (41.2.13) Page 2 H FAYETTEVILLE POLICE DEPARTMENP FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject CANINES Reference Distribution All Personnel I. PURPOSE Effective Date (Number 41.2.17 Special Instructions Reevaluation Date 1 Year The purpose of this directive is to establish policy concerning the use of K-9 teams. The K-9 unit of the Fayetteville Police Department provides a special striking and crime deterrent force. It assists the police officer in suppressing crime and makes available the services of trained K-9 teams to detect and search out law violations. II. POLICY A. TRACKING: 1. A canine can track a human scent providing conditions are suitable for tracking. (a) At the scene of a burglary. (b) At the. scene of -a robbery. (c) For recently abandoned stolen vehicles or other vehicles where the suspected felon(s) have fled. I I H I H No.Pages ' -3- u (d) For locating lost persons. There are various locations where the officer needs a canine track and there are certain things the officer(s) at the scene can and should do to help the K-9 team. ' 1. The officer should have a good starting point and know ' the direction the suspect fled. 2. The officer should kee all other officers and citizens away from the area where the track begins. THIS IS VERY IMPORTANTI 3. Responding backup officer(s) should seal off the general area where the suspect(s) have been seen. This is the key to starting the K-9 team on a successful track and hopefully a successful apprehension. 4. A supervisor should assign , an additional officer to provide assistance and cover , for safety of the K-9 team (41.2.17) Page 1 I I I I I IH I I I I 'J I I I 11 Ii I during the track. He should instruct the assisting officer to stay far enough behind the handler to prevent him from interfering with the track. The assisting officer should keep other officers informed on the K-9 team's direction of travel and their location. B. BUILDING SEARCH: 1. Canines search a building by using their natural abilities (sense of smell and hearing). The canine will be turned loose on all building searches, therefore officers should not enter the building during the search. The assisting officers should secure all the exits to the building, if possible. 2. When an officer arrives at a building that is to be searched by the canine, the officer should: (a) Secure the building making sure all the exits are covered. (b) No officer(s) should enter the building until the K-9 team has finished searching and the canine has been kenneled in the police unit. (c) Officers should be aware the longer the suspect is in the building before the search starts, the stronger the human scent will become in the building. This will make the search much easier for the canine. If the building is properly secured, there is no need to worry about the suspect inside. C. OPEN FIELD SEARCH: The open field search is used when a suspect is hidden in a large fenced -in area, or has fled into a large open field. The canine is turned off the leash where he uses his sense of smell to seek out the suspect. The canine will apprehend on the find. Officers securing the area must stay out of the search area or they may receive a dog bite. 1. When there is a need for a canine to search an area, the officers at the scene should: (a) Secure the area to be searched, making sure the suspect does not escape before the K-9 team arrives. (b) Keep all officers and citizens out of the area to be searched until the canine is returned to the police unit or put on a leash. The K-9 officer can make a recommendation when he feels the area to be search is too contaminated to warrant initiating or continuing a search. D. CHASE The chase involves the releasing of the canine for the actual chase of the fleeing criminal. Any avenue of escape can be covered by the canine while attempting to arrest or capture a felony suspect. The field supervisor needs to simply place the K-9 team at the point where he feels it is needed during the arrest. E. CROWD CONTROL Canines can be used very .effectively..for the control of an unruly crowd and the breaking up of free-for-all fights. Before canines can be used in the controlling a crowd, a clearance must come from the senior supervisor on - (41.2.17) Page 2 I duty at the time the need arises. In the event the decision is made to use the canines in a crowd control situation, the supervisor shall contact the Chief, Assistant Chief, or Captain as soon as possible thereafter and inform them of the situation. F. INJURIES CAUSED BY CANINES Any person who is injured by the Canine will be taken to the hospital for treatment. If the person refuses treatment, this refusal will be made at the hospital. The K-9 officer will make a written report of all injuries any time the canine is responsible for injuries. This report, and a photograph of the injury (if possible), will be forwarded to the Chief of Police. G. APPREHENSIONS BY K-9 TEAMS After the apprehension is made by the K-9 team, the K-9 officer has been instructed to turn the prisoner over to the officer assigned to the original call. This officer will transport and book the prisoner. This allows the K-9 officer to stay in the field instead of spending time at the station and it allows for assistance to other officers, if needed. Under no circumstances will prisoners be transported in K-9 police units (with the canine present), unless specifically granted authority to do so on a case - by -case basis by a supervisor. All supervisors must be prepared to present.compelling circumstances when granting such authority. H. COMMAND TO APPREHEND The command to apprehend or defend the handler, or others, will not be given except in life threatening situations, large crowd control, or in a situation where the K-9 officer perceives a grave injury to himself or others. I. NARCOTICS DETECTION 1. The canines may be used in the detection of narcotics. J. BOMB DETECTION 1. The canines may not be used in the detection of bombs or other explosive devices, unless the particular K-9 team is certified in bomb detection. K. GENERAL PROVISION , 1. In instances where the ' canines are being used inside the city with no supervisor on scene or in control by radio communications, assisting officer(s) should generally follow the instructions of the K-9 officer. K. REQUEST FOR ASSISTANCE Request for assistance from another agency will be directed to the shift supervisor before assistance is given. If the shift supervisor dispatches a canine team outside the city limits, the Chief, Assistant Chief, or the Captain needs to be notified. In cases where the canines are sent outside our jurisdiction, a supervisor will accompany the K-9.team.. Canine assistance to other agencies shall generally be restricted to felony cases only but may be used in missing persons/lost children incidents, when circumstances warrant. (41.2.17) Page 3 ' LJ 10FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS 11 I POLICIES, PROCEDURES, AND RULES Effective Date Number 41.3.5 ' Subject GROOMING AND UNIFORM REQUIREMENTS AND SPECIFICATIONS 'Reference ' Distribution All Personnel 1 I. PURPOSE I IH J I I I I I I I I Special Instructions Reevaluation Date 1 Year To provide grooming and uniform standard guidelines for employees of this department. II. POLICY Members of the Fayetteville Police Department shall be neat and clean at all times while on duty. All sworn personnel shall comply with the following grooming and uniform standards unless excluded by the Police Chief due to special assignments. No member of the department shall wear his uniform or any part of his uniform while he is under suspension. For current uniform specifications refer to the Uniform Regulations Book maintained in the shift Lieutenants office. III. PROCEDURES All sworn personnel of the Fayetteville Police Department are subject to uniform inspections on a daily basis by No. Pages -5- the Chief of Police or his designee. Uniformed personnel are to keep their uniform neat, clean and free from defects. Defective items shall be replaced with annual uniform allowance unless specified as a departmental replacement item. Non -uniformed personnel are subject to the same standards and inspections as uniformed personnel. Failure to maintain appearance standards will be noted on your annual evaluation. Repeated failure to maintain proper appearance standards could lead to disciplinary action. IV. DEFINITIONS (GROOMING) 1. Hair The Chief of Police retains the right to approve or disapprove of any hair style which may cause an unfavorable reflection(s) upon the department. a. Male Officers - Hair shall be neat, clean, trimmed, and shall present a groomed (41.3.5) Page 1 appearance. Hair will not cover any part of the ears or the collar except the closely cut hair on the back of the neck. Hair in front will be groomed so that it does not fall below the band of properly worn headgear. In no case will the bulk or length of the hair interfere with the proper wear of any authorized headgear. b. Female Officers - Hair shall be worn in a fashion not to create the risk of injury to themselves. Hair must not hang loose on the collar and must be able to wear authorized headgear properly. 2. Sideburns If a member chooses to wear sideburns, they will be neatly trimmed and tapered in the same manner as his haircut. Sideburns will not extend below the lowest part of the ear, will be of even width (not flared), and will end with a clean shaven horizontal line. 3. Mustaches A short and neatly trimmed mustached may be worn, but shall not extend over the top of the upper lip or beyond the corners of the mouth, and shall not protrude more than one-half inch from the skin surface of the face. 4. Beards and Goatees The face will be clean-shaven other than the wearing of the acceptable mustache or sideburns. Beards and goatees are prohibited. Only the Chief of Police may approve the wearing of beards or goatees. If approval for wearing a beard or goatee is granted the beard will be kept trimmed symmetricaay and will be kept trimmed so that it does not protrude more than one-half inch from the skin surface of the face. 5. Wigs Wigs or hair pieces will not be worn on duty except for cosmetic reasons to cover natural baldness or physical disfiguration. If a wig or hair piece is worn, it will conform to department grooming standards. 6. Jewelry a. Male - Uniformed officers may wear watches and wedding bands. Medical alert bracelets may be worn with the approval of the Chief of Police. At no time while on duty will officers be permitted to wear earrings or other ornaments attached to body piercing. b. Female - Uniformed officers may wear watches, wedding bands and post earrings which do not protrude from the ear lobe more than 1/4 inch. If the earrings are worn, the employee will wear one earring in each ear lobe. V. DEFINITIONS (UNIFORMS) 1. Duty Belt - Items to be worn on the duty belt consist of; holster with gun, double magazine pouch with magazines, flashlight ring and flashlight, portable radio holder with radio, handcuff case -with handcuffs, keepers, pepper spray holder with pepper spray, and department supplied baton holder and baton. No sunglasses, keys, knives, or any other gadgets will be worn (41.3.5) Page 2 I C I [1 I I I L I I C1 I I H C I I on the belt unless approved by the Chief of Police. ' If authorized to wear the uniform on a "second" job, the COMPLETE prescribed uniform for the time of year will be worn. 2. Web Gear 1 Those individuals serving in specialized functions which require the wearing of a duty belt other than the "patrol duty -belt" will wear "web- ' gear". The Chief of Police will determine specific guidelines for this gear and attachments. 3. Duty Hat b. Long sleeve - The long ' The hat will be the New York sleeve shirt will have all City Summer Police Style and buttons buttoned (no rolled or will be worn as part of "full tucked under cuffs) with tie. ' dress", i.e., funerals, or as The tie will be worn out. directed by the Chief of Police. 8. Patches The Fayetteville Police ' 4. Baseball Cap Department patch, as designed by the department, will be worn The baseball cap may be worn at on the left shoulder of all the firing range, manhunts or shirts one inch from the when otherwise authorized by shoulder seam and centered on the Chief of Police, the sleeve. Patches on coats will be one inch from the ' a. Summer Ball Cap - This hat shoulder seam and centered. will consist of summer mesh. The hat ba ge will be gold with one screw type post and the wording of POLICE across the center. Ranking officers will have their respective rank across the center. All badges will be worn in the center of the cap cover in the place provided. 7. Shirts a. Short sleeve - When wearing the short sleeve summer shirt, the top button only will be unbuttoned and no "T" shirt or undershirt will be visible. Female officers will at all times, while on duty, wear a brazier. I I I I I b. Winter Ball Cap - This hat will consist of cotton twill. 5. Extreme Cold Weather Cap The black Russian style cap with fur earflaps may be worn if outside for a long period of time during extreme cold weather. At no time will this cap be considered as part of the uniform and will ONLY be worn for the period of time the officer is outside his unit. 6. Hat Badge No other patch, insignia, or pin will be allowed except those authorized by the Chief of Police. 9. Collar Emblems All officers will wear the 1/2" size F.P.D. collar emblems of the Hi-Glo type with the clutch back on both sides of the collar of all shirts. On the long sleeve shirts, these emblems will be worn one inch back from the tip of the collar and centered horizontally (41.3.5) Page 3 I between the sides a the collar and neck. (SEE ILLUSTRATION) On short sleeve shirts, the emblem will be worn horizontally between the tip of the collar and the neck opening 1/4 inch above the seam and centered. (SEE ILLUSTRATION) All ranking officers will wear the F.P.D. emblem on the left collar in the same manner as patrol officers and the insignia of their respective rank on the right collar. The insignia will be worn one inch back from the tip of the collar and centered horizontally between the sides and the neck of the long sleeve shirt. On the short insignia horizontally the collar opening, one the seam and sleeve shirt, the Mill be worn between the tip of and the neck quarter inch above centered. 10. Name Plate The name plate will be the Hi- Glo style. It will be one inch wide and two and a half inches long. The name will be in CAPITOL LETTERS consisting of the first initial followed by a period and then the officer's last name. The plate will be worn over the right shirt pocket approximately 1/4 inch above the pocket flap and centered with the button (SEE ILLUSTRATION). The name plate will be worn at all times. 11. Chain and Whistle The chain and -whistle may be worn optionally unless otherwise directed by the Chief of Police. When worn, the chain will be connected to the button of the epaulet on the right shoulder, running underneath he name plate and then connecting to the whistle holder on the shirt pocket (SEE ILLUSTRATION). There will be no other items (keys, sunglasses, or other gadgets) worn in connection with the whistle and chain. 12. Pen and Pencil To coincide with other metal parts of the uniform, all officers will carry pen or pencils of which that part is exposed, will be predominately gold in color. No more than two pens or pencils will be exposed in the left pocket at one time. The pens will have black ink and the pencil be carried due to the inability of a pen to write on a damp or wet piece of paper. 13. Tie The tie will be worn whenever the long sleeve shirt is in use. When ties are in use, they will be worn on the outside of the shirt, not tucked in. 14. Trousers I I I I H I I I I H I Refer to Uniform Regulations Book maintained in the shift Lieutenants office. 15. Winter Coat Refer to Uniform Regulations Book maintained in the shift Lieutenants office. 16. Raingear .Refer to Uniform Regulations Book maintained in the shift Lieutenants office. 17. Weapons (41.3.5) Page 4 I I The handgun and shogun carried will be designated by the Chief of Police. No other weapon will be carried except when approved by a supervisor for ' special circumstances and ONLY for that particular situation. I I I I I I I I I I I I I L H 18. Ammunition Officers will carry the type of ammunition designated by the Chief of Police while on duty and ONLY the ammunition issued by the department. 19. Footwear The Chief of Police has authorized the following footwear for patrol: a. A plain toe Oxford, black. b. A utility boot, black. c. An athletic/utility shoe, black. Authorized footwear will be kept clean and shined at all times while on duty. Black or dark Blue socks are the required uniform item. You may wear white athletic socks with the Rocky boot. Footwear for specialized units such as Bike Patrol, E.R.T., and K-9 officers must be approved by the Chief of Police and will not be worn during normal patrol duties. 20. Bullet Resistant Vests Uniformed officers shall wear a bullet resistant vest at all times unless specifically exempted by the Chief of Police. The vest will be supplied by the department and replaced periodically. 21. Utili y Uniform The Chief of Police will determine a utility uniform for the department and designate when the uniform may be worn. (41.3.5) Page 5 FAYETFEVILLE POLICE DEPARTMEI' FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject JUVENILE OPERATIONS Reference Distribution All Personnel I. PURPOSE Effective Date Number 44.1.1 Special Instructions Reevaluation Date 1 Year The purpose of this directive is to establish policies concerning the processing of juvenile offenders and victims. II. POLICY A. ORGANIZATION AND ADMINISTRATION The Fayetteville Police Department is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency and victimization. 1. The Fayetteville Police Department shall assign at least one member to duties associated with juvenile matters. The officer assigned to juvenile duties shall report to the supervisor in charge of Detective Division. 2. The responsibility of juvenile operations and I I I 11 No.Pages ' 3- L _ delinquency prevention efforts is to be shared by all agency personnel and not just limited to the responsibility of the juvenile officer. In particular, all patrol officers should familiarize themselves in proper handling of juvenile problems, both criminal and noncriminal. B. OPERATIONS , 1. Taking Juvenile Into Custody ' (a) A juvenile may be taken into custody without a warrant: (1) Pursuant to an order of the court under Arkansas Code § 9-27-301 (Act 273 of 1989) or (2) By a law enforcement officer without a warrant under circumstances as set forth in Arkansas Rules of Criminal Procedure 4.1 (also see Policy 1.2.1); or (3) By a law enforcement officer or by a duly authorized (44.1.1) Page 1 , I Li I C] I I I I I I Li I [1 I I I H representative • of the Department of Human Services if there are clear, reasonable grounds to conclude that the juvenile is in immediate danger and that removal is necessary to prevent serious harm from his surroundings or from illness or injury and if parents, guardians, or others with authority to act are unavailable or have not taken action necessary to protect the juvenile from the danger and there is not time to petition for and obtain an order of the court prior to taking the juvenile into custody. 2. Alternatives to Arrests of Juveniles for Delinquent Acts (a) Officers making contact with a juvenile who has committed a delinquent act which does not involve a victim, (i.e.,: loitering, etc.) or an act whose victim does not wish to press charges may use alternatives to arrest. (b) Alternatives to arrest include: verbal warning, referral to the juvenile officer, and conference with the juvenile's parent(s) or guardian. (c) If alternatives to arrest are employed, it is not necessary to contact any officials with the juvenile court system. 3. Taking a Juvenile into Custody - With or Without a Warrant (a) No juvenile shall be incarcerated in the Fayetteville City Jail. (b) The officer should always attempt to make contact with the parent or legal guardian of any juvenile taken into custody and advise them of the situation. (c) When a juvenile is taken into custody the officer should also contact the juvenile intake officer of the Washington County juvenile court to discuss terms and conditions of release. (d) An alternative to taking a juvenile into custody is release of the juvenile through the use of a uniform traffic ticket/citation or an Arkansas Criminal Citation. (e) Traffic Offenses (21) If a juvenile is taken into custody for a warrant on a traffic offense from another jurisdiction, the jurisdiction which issued the warrant should immediately be contacted to determine conditions for release. If the juvenile cannot be immediately released, the juvenile detention center should be contacted. 4. Taking a Juvenile into Custody - Protective Reasons (a) An officer may take into custody any "Dependent - neglected juvenile". "Dependent -neglected juvenile" means any juvenile who as a result of abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness is at (44.1.1) Page 2 substantial risk, f serious • harm. (b) Any officer taking a juvenile into custody as a "Dependent -neglected juvenile" should immediately contact the Washington County Department of Human Services and the juvenile intake officer. Custody of the juvenile will then be transferred to the Washington County Department of Human Services. (44.1.1) Page 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES 1 I I 11 L1 I] iI I I I I I I I 1 Effective Date Number 46.1.1 Subject UNUSUAL OCCURRENCES Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 -Year -3- I. PURPOSE c. Public Works; Unusual occurrences such as natural and manmade disasters that endanger life and property will be responded to by the joint efforts of police, fire, and emergency services in the Washington County area. This is in accordance with Arkansas Emergency Services Act 511 of 1973. The purpose of this policy is to provide the Fayetteville Police Department with a policy of program planning to respond to such emergencies. II. POLICY A. THE FAYETTEVILLE NOTIFICATION PLAN 1. The Fayetteville Notification Plan provides emergency notification for the following City division heads: a. Fire Chief; b. Police Chief; d. Central Dispatch; e. Fayetteville Municipal Airport; f. Washington County Emergency Services; g. Washington County Sheriff's Department, and; h. All local public utilities. 2. The Chief of Police will be the Department representative in the Fayetteville Notification Plan. 3. The Chief of Police shall be responsible for contacting representatives of the public utilities. 4. The Fayetteville Police Department will support local emergency operations by maintaining law and order during disaster situations. 5. The Chief of Police shall (46.1.1) Page 1 be responsible � planning police assistance to emergency workers, controlling crowds, and directing movement of emergency vehicles. B. Washington County Emergency Services is the official warning agency for Washington County and will notify the Fayetteville Police Department of any disaster situations. C. All directions on public information releases are the responsibility of the Chief of Police. D. The Chief of Police shall meet at least annually with other City division heads and members of the Washington County Emergency Services to review and update emergency contingency plans. E. Emergency response management planning shall be the responsibility of the Chief of Police. The Chief of Police shall report to and advise the City i�fanager Y.or of police operations during emergencies. F. It shall be the policy of the Fayetteville Police Department to provide a contingency plan for the safe and orderly evacuation of people exposed to threat of natural or manmade disaster. G. The Chief of Police shall be responsible for coordinating Department emergency response activities with other agencies. Together, these agencies are involved in a total evacuation plan for Washington County. III. RULE A. DECLARED EMERGENCY It shall bb the policy of the Fayetteville Police Department to have an automatic recall of all uniformed and non -uniformed personnel in the event of an emergency requiring extra manpower. 1. Shift supervisors on duty at the time the emergency is declared will be responsible for contacting off -duty officers. 2. Off -duty officers will report directly to the police department in uniform immediately after notification. B. DANGEROUS WEATHER 1. It shall be the responsibility of the Chief of Police to ensure that precau- tions are taken to secure the safety of police department personnel and property in the event of tornados or severe storms. 2. It shall be the policy of the Fayetteville Police Department to prepare for dangerous weather by implementing a recall of off - duty officers. 3. It shall be the policy of the Fayetteville Police Department to properly maintain emergency equipment in a state of readiness. 4. During dangerous weather, shift supervisors will make necessary adjustments to patrol operations to handle emergency calls. 5. Officers will avoid dangerous situations unless acting to save citizens from threat of injury or death. C. TOXIC SPILLS (46.1.1) Page 2 I [] I I n. I I I I I I I Li I I I [1 I I [1 I [1 C I I I C I I I I LI 1. In the event of a toxic spill the Chief of Police will coordinate an evacuation plan with the Fire Chief. 2. The Fire Chief will give the police direction in planning a safe route of transportation of people and traffic from the affected area. D. DISABLED AIRCRAFT When a disabled attempting to I airport, or when has crashed, supervisor will contact the Chief aircraft is and at the an aircraft the shift immediately of Police. 1. Immediately upon notification that an aircraft has crashed, officers with beat assignments which include the airport will respond to the scene to assist emergency vehicles through traffic. 2. No vehicles other than fire or ambulance will go onto the runway without permission from the tower. Permission may be obtained from the Fire Chief. E. CIVIL DISORDER It shall be the policy of the Fayetteville Police Department to respond to nonviolent civil disorders and demonstrations and other activities in a non -confrontational manner. 1. The shift supervisor in charge will immediately report civil disorder incidencests to the Chief of Police. 2. When possible, the shift supervisor should evaluate the feasibility of any arrests at civil disorders. An officer will be placed in charge of booking all arrests in an area near the scene of the disturbance. This officer shall be in charge of keeping all evidence and property that may arise out of the disturbance. 4. The officer in charge of booking may use a Polaroid -type camera and will attempt to photograph all arrestees and attach the photographs to the arrest report to avoid later confusion over identity of an arrestee. 5. Arrestees will be processed and held in a secure area to await transportation to the designated holding facility. (46.1.1) Page 3 II PSYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 46.2.1 Subject 1 EMERGENCY RESPONSE TEAM Reference Special Instructions 1 Distribution All Personnel I. PURPOSE Reevaluation Date 1 Year To establish policies relating to the organization, administration and operation of the Emergency Response Team (E.R.T.). The primary responsibility of the E.R.T. will be the resolution of difficult police situations through the use of special skills and tactics. II. POLICY A. ORGANIZATION AND ADMINISTRATION The number of E.R.T. members will be decided by the Chief of Police. The Chief of Police shall appoint the following: 1. A unit commander (Sergeant or Lieutenant) and; 2. A team leader; 3. All team members. The remaining team assignments will be made within the team with the approval of the Chief No. Pages -3- of Police. The E.R.T. will be under the supervision of the Assistant Chief of Police in charge of Operations. B. DUTIES AND RESPONSIBILITIES 1. TEAM COMMANDER Is directly responsible for the following areas: a. Direct supervision of the team members; b. Training (See Policy 33.6.2); c. Determining minimum t physical fitness performance standards; d. Determining minimum team marksmanship standards; e. Maintaining an inventory ' of all team equipment, which includes assignment to individual team members or storage location; (46.2.1) Page 1 ' I I I [1 I I I I I [l I HI I I C I I I f. Determining t selection criteria for officers assigned to the Emergency Response Team; g. Maintaining training and call -out files for the team; h. Reporting all training and equipment needs to the Assistant Chief of Operations. B. TEAM LEADER In the absence of the Team Commander, assumes responsibility for the Team Commander's duties. C. TEAM MEMBERS Are required to comply to the following: 1. Maintain minimum physical fitness conditioning requirements as established by the Chief of Police; 2. Maintain familiarity with all equipment used by the E.R.T.; 3. Maintain minimum marksmanship standards set for the team. (Currently 90 percent); 4. Must be available for call -outs by having their paging device with them at all times; (* Exception - When members are on scheduled vacation or comp time) 5. The timely response and completion of all tasks, as well as, demonstration of high standards of performance; 6. Attend all scheduled training operations unless excused by the Team Commander or Team Leader prior to the assigned Emergency train at month as commander wining date; The Response Team shall least one day per set forth by the team and team leader. The counter sniper/observer team shall have their own training day of at least one day per month aside from the team training day. 7. Maintain all assigned equipment in good condition; 8. Wear approved and appropriate E.R.T. attire on all call -outs and training days; 9. Use departmentally issued or authorized E.R.T. equipment; 10. Familiarization with basic first aid. (A first aid kit will be maintained and kept with the team during call -outs and training exercises) D. CHEMICAL AGENTS/ DISTRACTION DEVICES 1. Chemical agents and distraction devices require proper training for effective use and shall be used only upon authorization of the team leader or team commander by personnel trained in their use. E. CALL -OUT NOTIFICATION DEPLOYMENT 1. Any Fayetteville Police Department supervisor may request assistance from the E.R.T. However, all Emergency Response Team call -outs must be authorized by a member of the Fayetteville Police Department administrative office, i.e., the Chief of Police, the (46.2.1) Page 2 I Assistant Chiefs 9 Police or the Administrative Lieutenant, prior to the team's activation. 2. Following authorization for a call -out, the supervisor requesting E.R.T. assistance shall notify the Team Commander or Team Leader of the situation. It is the responsibility of the Team Commander/Leader to see that all team members are contacted and advised of the call -out. 3. In the event of a situation requiring immediate activation of the E.R.T., team members can be activated by using the "all -page" function of the digital pagers. The code for activation will be, "10-19 (*) 911". 4. Emergency Response Team members are not to be used in their capacity as "Tactical Officers" except under the direct supervision of the team commander or team leader. 5. In the event a team member has consumed any alcoholic beverage or taken prescribed medication it shall be the responsibility of that member to notify either the Team Commander or the Team Leader of their incapacitation. The member will be considered incapacitated if the alcohol was consumed to a level of intoxication or any consumption occurred within close proximity of the call -out, or if prescribed medication has been taken that may inhibit the member's physical and/or mental capacity to perform efficiently. F. PRE -RAID BRIEFING 1. Team members will assemble in a pre -determined location for a 4riefing of the assignment in question. A member of Central Dispatch and the patrol shift supervisor will be included in the briefing. 2. The Team Leader will be responsible for seeing that the following topics are covered during the briefing process: a. A pre -raid survey (drive - by) of the location in question will be made if time permits and the drive -by will not compromise the mission. b. The Team Leader will make team assignments and determine what equipment is necessary for the situation. c. A team member(s) will be assigned the task of completing a pre -raid form, a post -raid diagram of the target location and a post -raid report regarding the E.R.T.'s activities. d. Emergency Medical Services (E.M.S.) will be put on stand- by in a location near the target location immediately prior to the mission. (46.2.1) Page 3 I I I C I L H H I I I I I I I I1 • • •FAYETCEVILLE POLICE DEPARTMEN FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES • I I [I I Li [1 I I [1 I I C I I Effective Date Number 47.1.13 Subject BOMB THREATS AND EXPLOSIVE DEVICES Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -2- I. PURPOSE The purpose of this directive is to establish the department's response procedures to locations of bomb threats and suspected explosive devices. II. POLICY When an officer is dispatched to the scene of a reported bomb or located explosive device, the officer will respond in such a manner so as not to create panic or attract undue attention. Upon entering the area of the reported bomb threat or where an explosive device has been found, the officer will exercise extreme caution when making transmissions on the radio to prevent causing an accidental detonation. A. The officer should never take the authority to evacuate or close a residence, place of business or public facility in the event of a bomb threat. This decision should be made by the owner, manager, or person in immediate charge of the residence, business, or public facility. B. Upon request, the officer should make a cursory search of the place where the suspected bomb or explosive device is supposed to be located. In conducting such a search, the officer should have his personal safety and the safety of other persons in the immediate vicinity utmost in his mind. C. In the event a bomb or explosive device is located, the officer should: 1. Have all persons vacate the area where the bomb or explosive device is located and move to an area which would provide protection from flying glass and debris. 2. The officer should never touch or attempt to move the bomb or explosive device. (47.1.13) Page 1 3. The officer sluld contact • ' the Central Dispatch Center (CDC) and shift supervisor who should request assistance from the Fayetteville Fire Department, 3LLJt1i P1i Degartm<exrt pringc�a7;e„'°`Forice or P,rkan as a State ` Pol`•ce`bomb disposal officers, and/or the Pine Bluff Arsenal, if necessary. D. In the event a bomb or explosive device is found, the shift supervisor will be notified and should cause a supervisor to go immediately to the scene. E. The officer should not make the decision to declare any residence, place of business, or public facility as safe to occupy. This decision shall be made by the owner, manager, or person in immediate charge of the residence, business, or facility. I I I I I (47.1.13) Page 2 ' C I •FAYETTEVILLE POLICE DEPARTMENT. I I I I I I LJ H H I H I I I I FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date INumber 52.1.1 Subject OFFICE OF PROFESSIONAL STANDARDS (OPS) Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -4- 1. PURPOSE against false allegations of misconduct. To create and maintain an environment conducive to efficient reception and resolution of citizen complaints against police department personnel or general procedures used by the department. To establish written procedures for the administration and operation of internal investigations. Such procedures will promote positive discipline and provide for the prompt and thorough investigation of alleged or suspected misconduct of department personnel. II. DISCUSSION A police department is often evaluated and .judged.. by the conduct of individual members. while the public has a right to expect efficient, fair, and impartial law enforcement, employees must be protected The Office of Professional Standards will be charged with the responsibility of following department operational procedures in processing, investigating, and recording citizen complaints against the department or its employees. III. ORGANIZATION The Office of Professional Standards will serve to assist all command personnel in regard to investigations of alleged misconduct of sworn or civilian employees. The Chief will select all personnel of the Office of Professional Standards and designate a head of OPS. OPS assigned personnel will report directly to the Chief of Police or�la $eaig�"na� ed supervisor on OPS matters and will pursue their responsibilities under the (52.1.1) Page 1 I direction of the Chief of Police. If investigations discover personnel who are engaging in serious acts of misconduct, or who have demonstrated they are unfit for law enforcement, information pertaining to the investigation will be reported directly to the Chief of Police by the head of the OPS. IV. POLICIES A. Officers selected for assignment to OPS must have demonstrated in their previous performance a high degree of investigative skills. The officer should have a personnel record clean of serious complaints. The officer should be familiar with state codes, and department policies and procedures related to internal affairs. B. Receipt of Complaints 1. Nothing in this policy shall prohibit any citizen from exercising any additional rights or procedures outlined in Fayetteville Civil Service Commission Rules 5:09 and 5:10. a. All complaints against the employees or department are to be initially directed to any supervisor on duty. (1) Exceptions - Complaints will not be received and/or logged concerning summons issued or arrests made which have not been adjudicated in a court of law unless the complainant alleges misconduct or illegal activity by the officer. The simple dislike of a charge or feeling of innocence does not, by itself, justify the formal filing of a complaint against any officer performing his duties. 2. Upon receipt of a complaint, the supervisor shall provide the complaining party a "Fayetteville Police Department OPS Complaint Form." a. Supervisors may encourage phone complainants to come to the police station to complete the complaint form but must understand it is not mandatory for the complainant to do so. b. In the event a complainant refuses to come to the police department, the supervisor should take the information and complete the form themselves. The supervisor should so note the complainant's refusal. c. Supervisors are not prohibited from going to a complainant's location to complete the OPS Complaint Form. 3. Complaint forms will also I be completed on anonymous complaints and forwarded to the Chief of Police. a. Discipline shall not be taken against any officer solely on the basis of an anonymous complaint. Before any discipline occurs, a case would have to be substantiated through investigation. 4. Supervisors will explain , to the complainant the process of completing the OPS Complaint Form. a. Upon request, complainants who have completed an OPS Complaint Form are entitled to a photocopy of their completed complaint form at no charge. (52.1.1) Page 2 , 5. Supervisors shall enclose be kept in confidentiality and completed complaint forms in a stored in a locking file sealed envelope and clearly accessible only to the Chief of mark the envelope with the Police and the head of OPS. wording "CHIEF OF POLICE - COMPLAINT ENCLOSED". The 2. OPS investigative files envelope should either be shall be delivered to the Chief of Police or to his office by 8:00AM the following weekday. 6. After review of the complaint by the Chief of maintained Police, the complaint will be indefinitely-unleesf'ordered by forwarded to the head of OPS a -count,'."::;: of .* competent •for logging and assignment for jur. sd ct on.'r:-'to purge _a investigation. partacular.f3le.(s)A. a. 'Investigati`onr d+wil1`, Abe, compieteda .within 2.1 ==.days,j unless' '"•"an extensidn is authorized;bythe_head of.,OPS.; b. Investigations',:-should,zbe adjudicated -.within:;`1'0 days'.of the final disposit`ibn 7. Supervisors will avoid exposing the content or subject of a completed complaint form to anyone until the matter is resolved or directed by the Chief of Police to discuss the matter. 8. Should a ciiizen not wish to file a formal complaint and the potential violation is of a non -serious nature, the supervisor shall investigate and handle the complaint to -the citizen's satisfaction. :-These incidents shall.be..referred to as.RESOLVEO-'COMPLAINTS. Once the complaint has .been x'esolved the supervisor will provide a typed summary. to the- head of OPS for review and _filing_ All records pertaining to internal investigation will Investigations subject of a criminal investigation or has been charged with a criminal offense, the department may suspend any related administrative investigation until the criminal matter has been resolved. ana aaministrative investigations are being conducted simultaneously, no statements made by the officer in the administrative investigation shall be provided to those conducting the criminal investigation. No police personnel having knowledge of such statements shall participate in the criminal investigation. 3. Employees to submit a interviewed in complaint will Investigation W OPS Investigation Form will advise the he is part of an investigation, advise of certain rights associated with self-incrimination, and possible departmental charges for refusing to cooperate. 4. Before a written r required, the officer advised of the nature complaint and allowed the complaint form. eport is will be of the to read 5. Before a taped interview is conducted, the officer will be advised of the complaint and allowed to read the complaint form. The officer may have an attorney present and/or the officer's immediate supervisor. a. Interview sessions shall be for reasonable periods and shall allow for such personal necessities and rest periods as are reasonably required. b. Interview sessions shall be conducted while the officer is on -duty whenever practical. c. If an officer is required to submit to an interview during off duty time, the officer shall be compensated in accordance with normal department procedures used for compensation of extra hours. 6. officers may be compelled to answer questions related to their duties or fitness for duty. (Garrity v. New Jersey, 385 USC 493) a. When an officer refuses to answer questions posed in an administrative investigation on the grounds or fear of criminal self-incrimination, the officer may be ordered to answer such questions, and shall be informed none of the information provided can or will be used against him in any subsequent criminal prosecution. b. The officer is subject to possible disciplinary action for refusal to answer questions, including immediate suspension for refusing to obey a direct order. The suspension of an officer with or without pay shall not affect the officer's obligation to ' cooperate in an investigation. 7. Emp ogees are st rictly pro'"icbited from `' interyferring with an ongoing inves`t'igation.: E. Dispositions 1. Only case dispositions which have a finding of "Sustained" shall be filed in the employee's personnel file. 2. Dispositions will be decided according to the following categories: a. Unfounded When the investigation clearly indicates the act complained of did not occur. b. Exonerated I When the investigation clearly indicates the act occurred, but the act was justified, lawful. and proper. c. Not Sustained When the investigation discloses insufficient evidence to prove or disprove the allegation made in the complaint. d. Sustained When the investigation discloses the act did occur and constitutes misconduct. (52.1.1) Page 4 , 3. officers will be notified of the final disposition of any complaint within 14 days of the conclusion of an investigation. •' 4. Whenever an officer is dismissed, demoted or suspended according to policies and ' procedures, he may grieve such action through civil service provisions. • 5. Complainants will be notified in writing of the disposition of a complaint within 14 days of resolution of a complaint. I I I I I I I I I I (52.1.1) Page 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date (Number 61.4.3 Subject INVENTORY OF TOWED VEHICLES Reference (Special Instructions Distribution All Personnel I. PURPOSE Reevaluation Date 1 Year It is the purpose of this policy to provide guidelines for towing and impounding motor vehicles. II. POLICY Officers are routinely faced with the question of whether to impound or tow motor vehicles for purposes of safekeeping property, securing evidence, protecting the public, or securing property under asset forfeiture statutes, among other reasons. This policy provides guidelines that officers should use to decide issues related to the propriety of and procedures for impounding motor vehicles. III. DEFINITIONS: 1. Unattended: any vehicle left on public property without the consent of an authority in charge of such property or on or near a public way without I No. Pages 3- 1 some person in possession of such vehicle. 2. Abandoned: any vehicle deemed to be unattended as defined in this section: a. it is apparent the owner does not intend to retake possession. 3. Public way: any road, highway or street over which the public may travel, including the paved surface and any berm or shoulder thereof. (Does not include private property). 4. Removal: an this department may next towing -storage rotation list kept engage in non-conse] vehicles. officer of request the firm on the in CDC to it towing of 5. Investigative Hold: a temporary hold on an impounded vehicle for investigative purposes. (61.4.3) Page 1 I I I I I Jf' I I I I 1 • • I I I I C I I I I 1 I I I 6. Other Hold: a temporary hold placed on an impounded vehicle for reasons other than investigative purposes. 7. Vehicle impoundment: to remove or cause to be removed a vehicle from a street, highway, shoulder, or other public way by an officer, and stored in a designated impound yard. IV. PROCEDURES 1. When an officer orders a vehicle towed or impounded, the officer is to inventory the vehicle, including the interior, trunk/cargo area, glove box, all compartments and under seats. All closed/locked containers found during the inventory shall be opened. A "Vehicle Storage Report" form shall be completed by the officer towing the vehicle. (See General Order #20 for instructions on completing the "Vehicle Storage Report") A copy of the report will be provided to the tow company and to the owner/operator of vehicle. If the owner/operator is not available, a copy of the report will be left inside the vehicle. A third copy of the report will be kept for department files. a. This includes vehicles impounded or towed for the following: incidental to an arrest, hit and run accident, recovered stolen, abandoned or unattended vehicles, as well as, involvement in any criminal activity. b. This procedure does not include vehicles that are towed at the request of the owner or operator because of malfunction or accident. c. Damage to the vehicle other than normal wear should be described in the section for damage. Note whether the damage appears to be new or old. 2. Officer(s) shall take appropriate enforcement action if during an inventory evidence, contraband or proceeds/instruments of a crime are discovered. 3. SEIZED VEHICLES: Motor vehicles shall not be impounded for purposes other than those defined by statute or ordinance, (e.g., not as a form of punishment, nor to hold the vehicle hostage until the owner produces certain information or persons, or as a means of conducting vehicle searches when probable cause does not exist or consent to search cannot be obtained). Officers ordering vehicles seized will complete a "Vehicle Seizure Notification" form and give a copy to the owner or, in the owner's absence, the operator of the vehicle to be seized. A "Vehicle Tow Report" will be completed. 4. Criteria for vehicle impoundment - officers may impound vehicles in the following situations: a. When a vehicle is evidence in a crime or the vehicle needs to be held for investigative purposes. b. When a vehicle is confiscated pursuant to law. (61.4.3) Page 2 c. When a vehicle has been abandoned. The driver has been arrested and the vehicle is left unattended in a location which would constitute a traffic hazard or is highly susceptible to damage or vandalism. This includes private property which is open to the public. d. When the vehicle in question has been reported stolen and the owner cannot be notified or is unable to come to the scene and take possession of the recovered vehicle within a reasonable amount of time. e. When a vehicle has been marked for tow and is parked or left standing in the same location on a city street in excess of 24 hours. f. When the owner or operator specifically requests and authorizes the impoundment. g. When the owner or operator has been involved in an accident or has been taken into custody and is not physically, mentally, or legally capable of driving the vehicle or of giving consent to leave it. 5. Alternatives to Vehicle Impoundment - officers may offer the owner/operator one of the following options for the disposition of the vehicle: a. Allow a responsible person who possesses a valid operator's license to. assume responsibility of the vehicle and its contents. b. Summon a person of the owner/operator's choice to come to the scene, in a timely manner, to take custody of the vehicle. C. Properly park and secure the vehicle. 6. Inventory of motor vehicles: a. If valuables are located inside the vehicle or a container therein which should be stored separately from the vehicle, it is the duty of the law enforcement officer conducting the inventory to record the nature of the valuable item, the condition of the valuable item and the location where this item is stored. A copy of the inventory should be made available to the owner/operator of the vehicle and a copy of the inventory for the wrecker/storage company. b. Care should be taken during inventory to avoid damaging the vehicle or any of it's contents. (61.4.3) Page 3 I Ii I I Li I I I I I I I I I I I I *FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES I G I C1 I II I I I Ir7 LJ I I I Effective Date Subject POLICE TRAFFIC RADAR OPERATION Reference Distribution All Personnel I. PURPOSE Number 62.1.12 Special Instructions Reevaluation Date 1 Year The purpose of this policy is to establish guidelines for operation of the department's speed enforcement program. II. POLICY A. Police traffic radar will only be used when operating personnel are qualified under the rules of the Commission on Law Enforcement Standards and Training (Specification S-17), and equipment is properly certified. While assigned to the field training program, newly certified radar operators will receive "hands-on" training with the specific radar equipment used by our department. 1. The department's radar instructor or specialist shall be notified immediately of radar summons or arrests which are appealed to Circuit Court. 2. All supervisors are instructed to cease the use of No.Pages -3- police traffic radar at any time circumstances indicate a loss of confidence in either personnel or equipment. All requests for assistance in pinpointing or eliminating such indications are to be directed to the radar instructor forthwith. Furthermore, all cases involving loss of confidence in personnel will immediately be brought to the attention of the Chief of Police. B. Operator Responsibilities 1. No traffic summons/arrests will be made with stationary radar unless the following conditions have been satisfied. The operator must: (a) Establish visual contact with the target vehicle; (b) Visually estimate the speed, range (distance) and location of the target vehicle; (c) Observe other traffic and the environment for interference; (62.1.12) Page 1 I (d) Listen to to Doppler return audio for pitch and clarity; (e) Obtain a stable radar reading; (f) Manually lock the radar reading; (g) Visually reconfirm identification of the target vehicle; and (h) Apprehend the target vehicle (pacing to obtain additional evidence, if possible). When any doubt exists as to the identity of a target vehicle, no enforcement action is to be taken. Good judgment and common sense must be exercised in the operation of police traffic radar. 2. Radar will not be utilized by members of this department when the main strength of the radar beam detects and displays a target on the other side of any traffic control device which requires a reduction of speed. No radar will be used within 30 days of the initial posting of any traffic control device which requires a reduction of speed on an already established street or highway. (This provision shall not apply to spot speed studies in which no enforcement action is taken.) (a) Radar will not be utilized on multiple (4 lanes, or more) lane streets or highwaysduring periods of heavy traffic volume. (b) Radar will not be utilized during periods of inclement weather (rain, snow, ice, sleet, et) heavy enough to require the extended use of windshield wipers. (c) Radar will not be operated within 100 feet of a power substation. (d) No radar readings are to be locked in while the operator or any passenger in his vehicle is transmitting over a citizens band (CB) or mobile police radio. (e) It is the operator's responsibility (1) to log his calibration tests, date, time, and location, (2) to familiarize himself with the operator's manual for the radar unit utilized, (3) to check the radar equipment at the start of each shift (two tuning forks - numbered, etc. and report any discrepancies to the shift supervisor), and (4) to place the radar unit in the "radar holster" at all times when the radar unit is not actually in the operator's hands. 3. Except for radar or vehicle repairs, all radar units and related equipment shall remain in the police vehicle which they have been assigned. Anytime a radar unit is removed from the police unit, such as for radar or vehicle repairs, the fact must be documented by a supervisor on the information board in the EOC room. C. Operational Considerations 1. All police traffic radar ..operated by-. this department must (1) be of the make and model approved by the Chief of Police, (2) be identified by make, model, serial number, purchase date and ownership on the form filed with the radar (62.1.12) Page 2 I I I 11 I I L I LI I I I I I instructor, and (3�e included • in the department's blanket FCC ' license. 2. Recertification of operators is required within every five (5) years following the last issuance of a radar • certificate. Operators must satisfactorily complete an eight hour radar refresher course to be recertified. 3. All police traffic radar units utilized by this department will undergo field calibration checking in the following manner: I (a) At the beginning of each shift each radar unit will be tested with its tuning forks. (b) At the beginning of each shift the internal circuit test will be performed. (c) At the beginning of each shift the internal lamp test will be performed. (Note: Should the radar set fail any of the above tests, the unit is to be taken out of service immediately.) I (d) After each speeding summons/arrests in which radar was utilized, each of the above three tests (tuning forks, internal circuit test, and lamp test) will be repeated. ' (e) At least once each year, each radar unit will undergo electronic calibration checks ' utilizing equipment traceable to the National Bureau of Standards. Additionally, every ' six months each radar unit and tuning fork will be tested with a "master set" of tuning forks and a tuning fork tester. I (62.1.12) Page 3 •FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date (Number 71.1.1 Subject PRISONER TRANSPORTATION Reference Distribution All Personnel I. PURPOSE Special Instructions Reevaluation Date 1 -Year The purpose of this directive is to establish Fayetteville Police Department policy for prisoner transportation ensuring safety and security for prisoners, transporting officers, and the general public. I2. DISCUSSION Transportation of prisoners in custody is a constant requirement and a frequent activity. There are two general time periods involved. The first is immediately after arrest when the person is taken to the police department for processing and holding. The second concerns the movement of prisoners from the police department to court, another detention facility, medical facility, or for other reasons. III. POLICY A. TRANSPORT OPERATIONS I I I 1 No_Pages I 4 - The transporting officer is legally responsible for the safety and custody of the prisoner being transported. Transportation of custody will performed with th well-being of the prisoner being importance at all persons always safety officer of prii times. 1. Search of Prisoner(s) in be and and nary a. All persons in custody will be searched prior to being placed in a police vehicle. b. It must be assumed the prisoner(s) may have had an opportunity to obtain contraband or a weapon prior to the time he.or .she is accepted for transport by the officer. c. Prisoners should be searched each time they come into the transporting officer's custody, including transporting (71.1.1) Page 1 I 1 El I I S H to the Washingtonfounty Jail from the Fayetteville Police Department. d. Officers shall inspect their assigned vehicle at the beginning of each shift to ensure the vehicle is safe and ' properly equipped. The officer shall complete a vehicle inspection form at this time. facing upwa d, and the double - lock engaged. (2) Care should be exercised in applying handcuffs to avoid unnecessary injury to the prisoner. (3) Under no circumstances will prisoners be handcuffed to any part of the vehicle. e. Each time a prisoner has (4)a Leg straps sh'SlIl7k eC`'sed been transported, the transport on unruly prisoners whoTiare'r�a"p`t vehicle shall be examined to to cause dams a to thelun taor ensure no contraband or weapons themselves.' are present. 3. Maintaining Sight of 2. Location of Officer and Prisoner ' Prisoner During Transportation I I I I I I I I I [1 a. In police vehicles equipped with safety partitions the prisoner should be placed in the rear seat of the vehicle. cb. If possible, no more than three prisoners will be transported in a standard police vehicle. Officers are discouraged from transporting prisoners in police vehicles not equipped with safety screens. ea. it shall be at the discretion of the transporting officer(s) as to whether misdemeanor prisoner(s) are handcuffed or otherwise restrained during transport. Felony prisoners will always be handcuffed while in transport. (1) If handcuffs are used, they r—shou3"d be applied with prisoner's hands behind back, palms outward, keyholes The transporting shall not lose sight leave unattended, a until the prisoner is or under the control personnel. officer of, or prisoner released of other 4. Safe Delivery of Prisoner a. The primary duty of the transporting officer is the safe delivery of the prisoner in custody. General principles of tort law impose a duty of care on the transporting officer to protect the prisoner from injury. b. The transporting officer should not deviate from his primary responsibility of delivering the prisoner except: (1) In a life -threatening situation when the risk to a third party is clear and grave if immediate aid is not rendered; and (2) The risk to the prisoner is minimal. 5. Prisoner Escape (71.1.1) Page 2 Following the ecape of a prisoner while being transported, the following steps shall be taken: a. The transporting officer shall immediately notify Central Dispatch to have the following information relayed to other officers, the supervisor and to other jurisdictions: (1) Area of the escape; and (2) Identification and physical description of escapee; (3) If escapee is high -risk (known to be armed or considered dangerous). b. Following an escape, detailed reports containing all circumstances surrounding the escape will be prepared by the transporting officer and the officers involved in the search. These reports shall be prepared immediately and shall be turned in to the supervisor. 6. Prisoners Transported to Medical Facility If it is necessary to transport a prisoner to a medical facility for treatment or examination, the transporting officer shall notify the shift supervisor of the circumstances and keep the prisoner in sight whenever possible. A'ddiFt9onal}lwu tithe aY All felffiony prisoriersn wz1I be: guardedf"i rMby an ofoer;(s) for 4 i'ufv 4` rY .. j rcw nxef ^" 3x uv. )' rYi'X theduraton of mthep„rjtsoners stay atthemedcal x4faciYi'ty 7. Transporting Dangerous Prisoners to Court When a prisoner who is considered a security hazard must be transported to court, the judge of the court may be notified in advance. The judge may allow or direct the use of restraining devices in the court and may request the assignment of additional security officers to the court. 8. Transporting Female Prisoners a. If a. male officer is required to transport a female prisoner, he should report the following information by radio to Central Dispatch: (1) Odometer reading; (2) Location and destination; and (3) Ending odometer reading at destination. 9. Transporting Handicapped, Sick, or Injured Prisoners a. Officer discretion must be used in transporting physically or mentally handicapped prisoners. b. If a prisoner becomes sick or is injured, the supervisor should be notified immediately. The supervisor will decide whether the prisoner will be transported to the emergency room by an officer or by ambulance (EMS). B. DOCUMENTATION 1. When a prisoner is being transported from another facility to the Fayetteville Police Department or is being (71.1.1) Page 3 I I 1 I Li I I I I I I I I I I Is ' transported from t e department • to another facility, the transporting officer must ensure the person to be transferred is positively L identified as the person to be moved. 2. Depending on the circumstances, copies of certain documentation should accompany the prisoner. This documentation may include arrest sheet, warrant, personal property information, medical records, and other pertinent records. 3. Documentation accompanying a prisoner should also include information relating to the prisoner's escape or suicide potential or other personal traits of a security nature. 4. Upon arriving at the 1 destination with the prisoner, the transporting officer should adhere to the following guidelines: a. Secure firearms for safekeeping in accordance with policies and procedures of receiving facility. I I U I I I I (71.1.1) Page 4 •FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject JAILER DUTY Reference Distribution All Personnel I. PURPOSE Effective Date Number 72.1.1 Special Instructions Reevaluation Date No.Pages 1 Year -2- The purpose of this policy is to define the responsibilities and general duties of the jailer when these duties are performed by an officer. (Generally, these duties are performed by civilian jailer personnel). In all cases, the i-�l supervisor9y or °i sfrftain their +absence theme.shifft supervisor is responsible for the operation of the holding facility. II. POLICY 1. The jailer will arrange for prisoner meals and give them the necessary items needed each day for health and hygiene. The jailer will ensure prisoners ready for arraignments/:mss trials are taken to municipal court by the court bailiff each court day. (In cases where large numbers of prisoners or prisoners with histories of violence are being taken to court, the jailer will aid or cause another officer to assist the bailiff in transporting the prisoners.) I I I I Li I I 2. The jailer will check supplies and equipment used in daily operation of the jail facility and notify the Ti t ?ail; supervisor of any needed supplies or repairs. The jailer will see that the jail is always clean and will make i1ouriq 3.Ominute checks of all prisoners and cells. 3. The jailer will notify and assist the shift supervisor in making arrangements for medical treatment if prisoner(s) ask for treatment or is in need of treatment. In appropriate cases, the supervisor may make immediate arrangements for the prisoner to be released so he or she may seek treatment. All injuries to prisoners should be noted on the bookinq sheet.=,ikT to -tne, an ana any meaication needed should be noted and that information passed on to the (72.1.1) Page 1 I I I C Li I I I I I I I I I I I I I I I I I next jailer and shift • supervisor. 4. A matron should be on duty when any female prisoner is incarcerated. Female Central Dispatch Center (CDC) personnel certified as matrons should only be used as a last resort and only when not in conflict with an established policy. If no police department matron is available, arrangements should be made with another agency (such as Washington County Jail) for transfer of the female prisoner if the prisoner is to be held. 5. The assigned jailer will read and follow the jail manual. (72.1.1) Page 2 I •FAYETTEVII.LE POLICE DEPART FAYETTEVILLE,ARKANSAS POLICIES, PROCEDURES, AND RULES Subject JAIL EMERGENCY PLAN Reference Distribution All Personnel PURPOSE Effective Date (Number 72.3.1 Special Instructions Reevaluation Date 1 Year The purpose of this policy is to prescribe fire prevention practices and procedures for the Fayetteville City Jail. II. POLICY In the event of a fire or disaster which requires evacuation of the building, the first priority will be getting all the people out of the building as quickly and as safely as possible. A. FIRE 1. If fire is discovered in any portion of the jail, the Fayetteville Fire Department and the fail/shift supervisor will be notified immediately. 2. If the fire cannot be extinguished with the portable extinguishers located in the building, the jailer will stand by the appropriate exterior door to aid the fire department in gaining entry once they arrive. I I C1 I I No.Pages , 2 - 3. In case of small fires of bedding, clothing, etc., the smoke and fumes will be removed from the building by the Fayetteville Fire Department's portable fans. 4. In case of a large fire which requires the building evacuated, personnel in the Central Dispatch Center should be instructed to notify all available police units to come to the jail immediately to assist . The sheriff's office may be notified in case their assistance is necessary for the transport of prisoners to the county jail. If possible, all prisoners will be placed in the sgaad-rvomhol'dng areas with an officer at each door; otherwise, all prisoners will be placed outside the building with officers to guard them. 5. In .case oflirewhere the main corridor is blocked and the prisoners cannot be evacuated through the main jail door, they will be removed by way of the exit door at the northwest corner of the (72.3.1) Page 1 I I I J I I Li I I I I ' cellblock area. Prisoners i• n the barracks will be moved through the dining area around to the emergency exit if the main door is blocked. 6. In the event of injuries to prisoners, they will be transported to the Emergency Room at Washington Regional Medical Center by local ambulance, if necessary. B. STORM, TORNADO, ETC. 1. If the building sustains severe damage from a storm, tornado, etc., the duty jailer and the jl/shift supervisor will immediately survey the condition of all prisoners and building damage in order to form a plan of action. 2. If broken electric wires ' or gas pipes are observed, these services should be cut- off immediately. The main gas meter switch is located on the outside wall at the southeast end of the building. •' 3. The duty jailer or :jaishift supervisor should request the Central Dispatch Center to notify all City police units, sheriff's office, fire department, Civil Defense, and the Arkansas State Police 1 of the emergency situation at the facility. Mobile units will be used if the Central Dispatch Center is inoperable. 4. If it becomes necessary to ' evacuate the building, the same procedure will be followed as for "FIRE" (earlier in this chapter). 1 I I (72.3.1) Page 2 I FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subject SUICIDE IDENTIFICATION Reference Distribution All Personnel I. PURPOSE Number 72.5.5 Special Instructions , Reevaluation Date 1 Year The purpose of this policy is to establish specific guidelines for identifying and dealing with potential suicidal prisoners. This policy will apply to all officers and jailers, both commissioned and non-commissioned. II. DISCUSSION All officers and jailers are directed to take special precautions in limiting prisoners with suicidal tendencies access to certain conditions that risk the prisoner to self-inflicted injuries. III. POLICY A. PRISONER ASSESSMENT Officers and jailers will consider the following in accessing a prisoner's suicidal tendencies. No. Pages I 1. Statements and reports of , the arresting officer. 2. Nature of prisoner's behavior at the time he is taken into custody and at the time of booking. 3. Prior arrest reports and jail records. 4. Mental condition of prisoners at the time of arrest/booking. 5. Statements from family or friends. 6. Injuries from previous suicide attempts. 7. History of severe drug or alcohol abuse. 8. Statements indicating , threat to attempt suicide. 9. Uncontrollable laughing, 1 shouting, bragging, or joking of suicide. (72.5.5) Page 1 1 I ' 10. Statements indicating severe depression. B. HANDLING SUICIDE RISKS If any of the above ' conditions and/or other characteristics exist, the officer and/or jailer shall: • 1. Post a sign on the jail cell door indicating the prisoner is a suicide risk. 2. Post the information on the jail census board and in the jail log book. 1 3. All materials which could be used to inflict injury shall be removed from the prisoner and the cell prior to placing the prisoner in the cell. ' 4. officers and jailers shall increase the frequency of jail checks to a minimum of once every 15 minutes. I I I I I I I I (72.5.5) Page 2 •FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 72.6.1 (Subject MEDICAL AND DENTAL CARE FOR PRISONERS Reference Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 Year -1- I. PURPOSE The purpose of this policy is to establish guidelines for providing medical arid, dental and mental 1 hygiene care for prisoners in the custody of the Fayetteville Police Department. made. III': PROCEDURES A. The following�:procedure They shall also be ;follow anytime a jailer determines prisoner is in -need of care. 4. When the7form�is returned tothe jail, two copies,willt:be forwarded--- to the jail (72.6.1) Page 1 I I 1 1 I ri I I I I C1 I I I I Li administrator__:and'the:.`third copy..,., will" be .': placed '.in ..-the prisoner's file. :The above.proced ru es,shall e followed anytimea prisoner s;;-.transported� _for: - a -:;routine cheduled-visit..a!-doctor; ent st,VVor-mental_healthcare - - C -------- - 1 - C. If a prisoner has.rece1ved some form of.healthcare while in the. custody of the Fayetteville Police'Department and is later transported to another detention facility, a copy of the-prisoner!s"Request of Medical, -Attention" form shall be sent with_hJ D: Great- caution must be ,taken when denying care: Only a supervisor can •make - the decision to deny -a prisoner. care.. If a supervisor- does deny care, -he must be able to give articulable reasons why he did so., tiimti I I I I II ..- . • 5 4 5 5 . - . .. . - - . - . - •5 • . . . (72.6.1) Page 2 SAYETTEVILLE POLICE DEPARTMENT" FAYETTEVII,LE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 81.2.13 Subject BANK ALARM RESPONSE POLICY (BUSINESS HOURS) Reference Distribution All Personnel I. PURPOSE Special Instructions Reevaluation Date 1 Year The purpose of this policy shall be to establish uniform guidelines for uniformed police officers to follow when responding to banking/financial institution hold-up alarms during business hours (normally 8AM-6PM). II. POLICY Upon being dispatched to a banking or financial institution alarm, the assigned officer will proceed without siren to the pre -arranged primary location for the particular banking location. Officer may use blue lights enroute but should turn them off prior to arriving at the location. 1. The primary responding unit will take up. the _ pre- arranged observation point where they cannot be seen by anyone from inside the bank. Secondary police units should assume positions along L I I I iI No_Pages 1 2 - strategic routes in the event an actual robbery has taken place and assuming that suspect information will be forthcoming. 2. The arriving primary unit will advise the Central Dispatch Center (CDC) upon arrival at the bank. 3. The Central Center personnel w be following communications pursuant to CDC General Order #02. Dispatch ill already established procedures policy and 4. A responsible party from the bank will contact the officer outside the bank. 5. Should the alarm be found to be false, the primary officer will notify the other secondary unit(s) to go back into regular service. 6. In the event the officer(s) determine from the responsible banking party, or by any other means, a robbery (81.2.13) Page 1 I [1 I Li I C I I I I I I has actually ocirred, the • officer(s) will: I I I I I I I I H 1J 11 I I I I I I a. Secure the bank by not allowing anyone to enter or leave except police personnel that as a part of their duty must do so (evidence technicians, investigators, etc.). b. Secure descriptive information as to possible suspects or vehicles and cause same to be dispatched to all local units and surrounding jurisdictions. c. Contact the shift supervisor who will in turn cause Detective Division personnel to be dispatched to the scene. In cases of Federal jurisdiction, the shift supervisor will ensure the proper Federal agencies are notified. (81.2.13) Page 2 I • FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date (Number 84.1.1 Subj ect PROPERTY MANAGEMENT; ACQUIRED AND IN -CUSTODY PROPERTY Reference Distribution All Personnel I. PURPOSE Special Instructions Reevaluation Date 1 -Year The purpose of this directive is to establish a property management system for property acquired by and in -custody of the Fayetteville Police Department. I2. POLICY The Fayetteville Police Department will establish and maintain a property management system that will ensure continuity and consistency in the control and accountability of all lostMFrrand=" found ,4 property„nCej ad wet as,; ail1 ` fi ths:retafned~for safekeepingf,..or;: iiivestigat'ions in its custody. This policy sets forth strict measures for the handling, security, and disposition of all such property in department custody. A. CONTROL OF PROPERTY 1. Control I I 11 I No.Pages 6- ' The department property management system shall maintain exclusive control and accountability of all found, recovered.; . j " kept �"foY items . .r.- safek ee ping and evidentiary property. a. In no event will officers store evidence in their personal lockers 2Lidesk. b. All officers coming in possession of found, recovered, temsk,E for ,s =;"safek ee ping or evidentiary property shall deliver the property to the proper--.... - ry Ev silence •,—•y Manager cvsdcllLp LUOLLiJSpIL as defined within this policy I C1 I I I I k I (84.1.1) Page 1 1 a s i•. • \.t.•T pass .�-T� - It�e e.of.'similarqualities passingt�ough an officers hands ')riegardhessr-:if it has maybe packaged together; r.e.,; «M ��- cassette - tapes, money..:. m -ad e•,y i t. w : t;o t.h e Properly label/identify'each evidence/property.,Yoom, must item on,a..'Fayetteville Police have`...a ':Fayetteville Police ' Department_' :..,.....Property and Department Property. and Evidence. Submission ,Form.! Evidence Submission .a.4,F,orm Allow"a°supervisor;'to .inspect completed. For example:; the items to ensure evid 'entiary value and roper packaging and I t e.m a r e t u r n d submission Pform 'is ,completed.� immediately at the scene Enter item -(s) in evidence log fIcollectiont. • book which is maintained in the __ Patrol Lieutenants Office.! Items sent to theState I- If submission occurs at a Crime Lab before it was time when the; Property Evidence entered as evidence; Manager is not present the Items goingt to the supervisor••.:,will ",-,providel..the Detective •. Division and officer with an evidence'.toker returned to owner. and the ' evidence is to 'be ThTis form.is to be submitted to • placed in a vacant evidence the:roperty evidence manager locker., so 'all -information pertaining to that' particular item can be 2.3. Accountability entered into the evidence tracking system. This will The utilization of property ensure accountability ''and logs, property, provide an audit trail. and evidence_submission forms, and; inventories and other documents, shall ensure all e. The date and results of records provide an up-to-date all inspections, inventories, and correct accountability of and audits of record. found, recovered, items held 'for investigation,_.safekeeping 34.; Property and evidentiary property. The Evidence -Manager for Found following information should be Property avai₹ablr either placed on Fayetteville Police Department Property and Evidence form _or ' recorded in the system for each dcaliii U1 bCLULC 1zanJlisi, piece item of evidence: _ The' -Property ' a. Location of property Evidence Manager' is the within the department; custodian of property, not the intake officer. ' Sworn b. Date and time property was personnel are the only persons received and subsequently permitted to receive evidence,. released; 'lost & found, items ...for s.a.f.e kt.e_p.i.n g._-- or f o r • c. Description, type and investigative purposes. The amount of property on hand; thief of Police may authorize exceptions. d. Chain of custody from time property was received until final disposition; All _items (84.1.1) Page 2 t5! • rrope-r-tIV *vide cn e"Manager for Recovered and Evidentiary Property The p1ijiL upcsysJsor p'e'rty evidencexmana er shall be g... designated as property custodian and held accountable for all property accepted by and stored in the department's property storage areasr cinrijxg i - •l'a.PF' 9t.F-�.. NI . ..- 6 Receipt W of Package Deliveries B. APPOINTMENT OF NEW PROPERTY CUSTODIAN In the event a new property castodi-axx evidence manager; is appointed, a joint inventory with the outgoing castodiarc pgpgt..manager shall be held to ensure proper documentation and accountability. 1. The purpose of such an inventory shall be to guarantee the continuity of custody and ensure the system's integrity and property accountability. 2. The incoming property ** evidence iimanager shall ensure all records are up-to-date and properly annotated. 3. All discrepancies shall be documented prior to the transfer of property accountability to the incoming "ro ert "evidence .---_ as P_ �P y.. manager. C. QUARTERLY SCHEDULED INSPECTION . a�-7..!!.�-7. ay �•! Ala ��.. �. —... F.1 chief. ° . of periodically_' inspection of evidentiary p adherence to he Police shall .require ' `an all recovered and roperty to ensure procedure. This (84.1.1) Page 3 Li 1 I I I I I I I I I I 11 11 I Li I I inspection shall 'verify the following: I Eli l I I I L I I I 11 1. Department orders and directives concerning property management are being followed; 2. Property is stored in such a manner as to protect it from damage and deterioration; 3. Proper accountability procedures are being maintained; and, 4. Property having no further evidentiary value is being disposed of promptly. D. DISPOSITION OF FOUND, RECOVERED, A N D EVIDENTIARY PROPERTY 1. All attempts shall be made to return found and recovered stolen property to its rightful owners. 2. Evidentiary property may be returned to the owner prior to the court case with written permission from the prosecutor, lead investigator, or judge. 3. Recovered or evidentiary property returned prior to court proceedings should be photographed when possible. This..photo graph :should, include ;theperson;-receiving:the, item, or -:the : item .:.with•.- 1a. -valid driver''.s _license Hof 'the person receiyin jthe item. 4. Final disposition of all found, recovered and evidentiary property shall be accomplished as soon as possible after legal requirements have been satisfied. E. UNANNOUNCED INSPECTIONS Unannouncelinspections of the property storage areas should be held when the Chief of Police so directs. 1. The Chief of Police shall appoint an individual and a time period to conduct spot inspections. 2. Property accountability and security procedures shall receive primary attention during spot inspections. 3. The majority of the spot inspection shall consist of a random comparison of records with actual property items. F. STORAGE OF PROPERTY, FOUND, RECOVERED, SAFEKEEPING, INVESTIGATIONS AND EVIDENTIARY PROPERTY 1. Storage All property stored by the department shall be held in designated secure areas. 2. Access Access to all recovered and evidentiary property storage areas will be strictly limited to authorized personnel to prevent the alteration, unauthorized removal, theft, or other compromise of property stored by the department. --l— _T.1Ay1T_�J f.Cc}fit_ - -:.. (84.1.1) Page 4 J �T01 102T—I"f-L1j.c—' eLLL �.1.0 LIE t. Narcotics a. Storage of narcotics and dangerous drugs shall be kept the responsibi-Itlity rofthe ro ert P P,.__,1' evidence manager All drug evidence collected by patrol officers shall be delivered to their shift supervisor --for storage. The shift supervisor shall cruse the dzua stlpLed b. Narcotic and dangerous drug evidence (capsules, pills, etc.) shall be counted and weighed by the submitting officer. All :suspected narcotics ............... hall be field .tested by the officer an.the,=presence 'of a supervisor.' The substance Iill .then be, sealed iu the in tamper -proof protective packaging; -and initialed 'byuahe bfc`er`on the' sear. Perishable Items I U Li U I a. All perishable items of evidence, such as blood or urine specimens, should be stored in a secure refrigerator in the evidence henever possibl:b so their properties will be as unchanged as possible before they are examined in a laboratory or presented in court. SJ MONEY 6 VEHICLES Al'1 vehicles seized as evidence in drug_investiation or4other (84.1.1) Page 5 I I I 11 [1 I U LJ El I I I felony -'.,.crimes.: shbui'dam , aav a form, ;rsig d'c by r the . person ._...S#. -I .,.. .L..... . . Property;•- Evidence •,:-.Submission recesyincr_ the:property. Form completed..and-turned into •the_propertywevidence,,manager. 6.' Return •E copy 'of original Prior"tothet;removali` (tovi)`:"of property -`evidence' -,form, with v%raid: . •. {ryZ.y♦ a Arw'�.4 - — h..a--vehicle, a::supervisor new..entries,_to fi ' such should: be.:calledrtoy,=the scene in order to determinet�if the — Return seizure `iscnecessary,-'and If it is,.where.the•vehicleewill-be 1. Inspect item to ensure it stored.' has eturned in same condition as it left. 2.' Check property evidence forms. foradded entries. ' LIFE CYCLE OF PROPERTY 3.'. Copy: form andF attach the Scene of Collection copy ,,to .the .file " copy and ' _ return to file 1. Prepare property .evidence submission form. 4 Make appropriate system entry Fayetteville:Pol ce Departm t __ 1. Submit property evidence 5. Return item to storage. 'and submission forma _ Final Dis osit1cn — Property Evidence Room Dispose of . property 1. Assign property -tracking according -to court order. ' number. 2. Attach original property 2. Place property evidence evidence formo.file copy • submission -form with evidence. 3. Make_eppropriate entry in 3. Place a copy of the system_ ' property evidence submission form in _file. _Evidence Not ToBe Destroyed _ __ _ Check -_out _,_.�_ Felony_ Evidence 1 — - -- - 1. Retrieve item from storage 1. Homicid(solved= or area.. unsolved)_.: 2. Make_entry_in_syetem_. 2. Wh�iF suspect •incarcerated and an appeal is ' 3. Retrieve copy of property possible. — — — evidence submission form from file. 3. When no suspect, the statute —of --limitations has not ' 4. Make entry on both yet run. _ original and copy of property evidence _form. 4. Evidence is o __ part of a _ — suspected serial crime. 5. Release property with origins--1____prt ropey evidence �__ MisdemeanorBvidence (84.1.1) Page 6 ropertyt t has not yet been held pasty the fl' S eal' period naf ter aithe " final= dispos triton 1has been entered.' I I I [I I I [I I I I I I I 'J I I (84.1.1) Page 7 1 I I INDEX Abandoned Vehicle .............................. (61.4.3)Page 1 Absence without Leave .......................... (26.1.1)Page 2 Absolute Standards, Fitness (33.1.1)Page 3 Abuse of Authority. . . . . . . . . . ...... (26.1.1)Page 4 Accident Report Flow Procedures... ........ . . . . . .General Order #04 Accident Report Security.. ...... ....... .... .... .General Order #04 Accident Report; sales to the public. . . . . . . . . . . .General Order #04 Accident Report Types...........................General Order #04 Agitating or Creating Dissension........ ........ (26.1.1)Page 2 Aircraft. . . . ....... . . . .. . . . . . . . . . . . . . . . (46.1.1)Page 3 Alarms, banking institutions .................. . . (81.2.13)Page 1 Alcohol & Drugs, Use of ......................... (26.1.1)Page 3 Alternatives to Arrests of Juveniles............ (44.1.1)Page 2 Alternatives to Arrests.......... (1.2.1)Page 5 Alternatives to Arrest...... . . . . . . . . . . . . . ....... (1.2.1)Page 4 Animal, killing. . . . . . . . . . . . . . . . . . . ......... . . . . (1.3.1)Page 2 Anonymous Complaints ............................ (52.1.1)Page 1 Appearance in Court.............................General Order #12 Arkansas Rules of Criminal Procedure............ (1.2.1)Page 5 Arrest of Injured Person ........................ (1.2.1)Page 5 Arrest Procedures...... . . . . . . . . . . . . . . . . . . . . . . . (1.2.2)Page 1 Arrest Authority, Misuse of ..................... (1.2.1)Page 4 Arrest without a Warrant..... ................... (1.2.1)Page 3 Arrest Pursuant to a Warrant....... (1.2.1)Page 2 Arrest of Military Deserter ..................... (1.2.1)Page 4 Arrest for Serious Crime ........................ (1.2.1)Page 4 ' Arrest. ...................... (1.2.1)Page 1 Arrest. . . . . . . . . . . . . . . . . . . . . ...................(1.2.2)Page 1 Arrest Reports .................................. (1.2.2)Page 2 Arrests, juveniles .............................. (44.1.1)Page 1 Arrests off -duty .................. (1.2.1)Page 5 Assistance to Person Intoxicated in Public...... (1.2.1)Page 5 Assistant Chief of Police, Administrative....... L12.1.1)Page 2 Assistant Chief of Police, Operational.......... (12.1.1)Page 2 Authority, Abuse of. ...... . . . . . . . . ..... . . . . . . . (26.1.1)Page 4 Badge(s)........................................General Order #14 ' Bank Alarm Response Policy (Business Hours)..... (81.2.13)Page 1 Bank Alarm Codes................................General Order #02 BARF form.......................................General Order #05 Baton. . . . . . . . . . . . . . . . . .......... . . . . ......... . . . (1.3.1)Page 5 Beards and Goatees, Grooming........ ............ (41.3.5)Page 2 Beer, Use of. . . . . ........... . . . . ........ . . . . . . . . (26.1.1)Page 3 Bicycle Patrol .................................. (41.1.4)Page 1 ' Blood Alcohol Report Form (BARF)................General Order #05 Blood, mailing to Health Department...... . . . . . . .General Order #05 Body Cavities ................................... (1.2.2)Page 2 ' Bomb Threats and Explosive Devices.............. (47.1.13)Page 1 Bomb Detection (K-9). ......... .......(41.2.17)Page 3 I Index Page #1 0 i 1 Bonds, cash - receipts..........................General Order #11 1 Bribes. . - . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . (26.1.1)Page 3 Briefing. . . . . . . . . . . - . . . - . . . . . . . . . . . . - . . . . . . . . . . . (41.1.1)Page 1 1 Bulletproof Vests ............... I... .. ...... ....(41.1.1)Page 4 CAD204, Dispatcher's Log Inquiry................General Order #08 CAD214, Personnel/Equipment Scheduling. . .. . . . . . .General Order #09 1 CAD215, Personnel/Equipment Daily Update........ General order #10 Candor, Lack of ................................. (26.1.1)Page 2 Canines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.1.1)Page 4 Canines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.2.17)Page 1 1 Captain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12.1.1)Page 2 Central Dispatch Center ......................... (41.1.1)Page 1 Central Dispatch Responsibilities (pursuits).... (41.2.8)Page 2 ' Certified Mail, evidence ........................General Order #06 Certified Mail, blood. . . . . . . . . . . . . . . . . . . . . . . . . . .General order #05 Chain of Command................................General Order #03 1 Chain of Command ................................ (12.1.1)Page 1 Chases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.2.8)Page 1 Chief of Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12.1.1)Page 1 Chief Executive Officer ......................... (12.1.1)Page 1 ' Citizen Complaints ................... ...........(52.1.1)Page 1 Civil Actions...................................General Order #12 Civil Disorder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (46.1.1)Page 3 1 Civil Service Personnel Policy .................. (26.1.1)Page 1 Classification of Felony & Misdemeanor.......... (1.2.2)Page 2 CMS220, Global Search Inquiry ...................General order #07 Code of Ethics. . . . . . . - . . . . . . - . . . . . . . . . . . . . . . . - . . (1.1.1)Page 2 1 Complaint Procedure, Employee Harassment........ (26.1.2)Page 2 Complaints on Employees ......................... (52.1.1)Page 1 Computer, System 36 - CAD204 ....................General Order #08 1 Computer, System 36 - CAD215 ....................Gera nel Order #10 Computer, System 36 - CMS220 ....................General Order #07 Computer Password Security ......................General Order #13 1 Computer, System 36 - CAD214 ....................General Order #09 Conduct, Unbecoming...... ....................... (26.1.1)Page 3 Conduct ......................................... (26.1.1)Page 3 , Conduct ......................................... (1.1.1)Page 2 Confidentiality ................................. (1.1.1)Page 3 Conflict of Interest (Extra employment)......... (41.1.1)Page 4 Conflicting Order. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12.1.1)Page 3 , Cooperation with other Officers and Agencies.... (1.1.1)Page 3 Corruption or bribery ........................... (1.1.1)Page 3 Court Appearance Responsibilities...... . . . . . .. . .General Order #12 1 Criminal Justice Coordinating Council........... (2.1.2)Page 1 Crowd Control (K-9) ............................. (41.2.17)Page 2 Current Address_, required...... - . ... .. ... . . ..... . . . (41.1.1)Page 4 Cussing ......................................... (26.1.1)Page 3 1 Custodian for Recovered & Evidentiary Property.. (84.1.1)Page 2 Custody. (1.2.2)Page 1 Deadly Force .................................... (1.3.1)Page 1 , Defensive Weapons. . . . - . . . . . . - . . . . . . . - . . . . . . - . . . . (1.3.1)Page 5 Index Page #2 1 1.1 ' Delayed Accident Reports ........................General Order #04 Dental & Medical Care for Prisoners............. (72.6.1)Page 1 ' Department Badge(s).............................General Order #14 Deserter, military .............................. (1.2.1)Page 4 Developing General Orders...... . . . . . . . . . . . . . . . . . (12.2.1)Page 2 Developing Polices...... . . . . . . . . . . . . . . . . . . . . . . . . (12.2.1)Page 1 Direction. . . . .......... . . . . . . . . . . . . . . . . . . . . . . . . . (12.1.1)Page 1 Directives, Compliance with Department.......... (26.1.1)Page 2 Discharge of Weapon ............................. (1.3.1)Page 4 Discharge of Firearm ............................ (1.3.1)Page 2 Disciplinary Matters & Procedures............... (26.1.1)Page 1 Discretion in Arrests...... . . . ............. . . . . . (1.2.1)Page 4 ' Discretion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.1.1)Page 2 Discrimination .................................. (26.1.2)Page 1 Dishonesty ...................................... (26.1.1)Page 2 Dispatcher's Log Inquiry. . . . . . . . . . . . . . . . . . . . . . . .General Order #08 I Dissension. .................. . . . . . . . . . . . . . . . . . . (26.1.1)Page 2 Dogs, Police .................................... (41.2.17)Page 1 Domestic Assault or Battery, Elements........... (1.2.4)Page 3 Domestic Violence. . . . . . . . . . . . . . . . . ......... . . . . . (1.2.4)Page 2 Dress Code, Court..............................General Order #12 Dress. . . . .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . (26.1.1)Page 3 Drug Storage. . . . . . . . . . . . . . .............. (84.1.1)Page 3 Drug Custodian .................................. (84.1.1)Page 2 Drugs & Alcohol, Use of ......................... (26.1.1)Page 3 Duties, proper performance ...................... (26.1.1)Page 2 ' Duties & Responsibilities, ERT.................. (46.2.1)Page 1 Duties of supervisors, other individuals........General Order #03 Duties of the Jailer ............................ (72.1.1)Page 1 ' Emergency Notification Plan ..................... (46.1.1)Page 1 Emergency Response Team, ERT.................... (46.2.1)Page 1 Employee injuries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .General Order #01 Equipment, Proper Care & Maintenance............ (26.1.1)Page 4 ' Equipment, loaning.............................. (26.1.1)Page 4 Entry Level Personnel...... (33.1.1)Page 1 Escape Risk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (71.1.1)Page 2 ' Evacuation Decision (Bombs) ..................... (47.1.13)Page 2 Evidence/Property Life Cycle .................... (84.1.1)Page 6 Evidence Storage ................................ (84.1.1)Page 1 ' Evidence Submission Forms ....................... (84.1.1)Page 2 Evidence, mailing by certified mail...... . . . . . .General Order #06 Evidence Handling ............................... (84.1.1)Page 1 Evidence, The Right of Refusal .................. (84.1.1)Page 3 Explosive Devices and Bomb Threats. .....(47.1.13)Page 1 Extraterritorial Jurisdiction ................... (1.2.1)Page 2 False Report ......................................... (26.1.1)Page 2 ' Family & Medical Leave Act (FMLA)............... (16.2.3)Page 1 Fayetteville Police Department receipts ........ .General Order #11 Felony Suspects, firing at ...................... (1.3.1)Page 2 Felony. . . . . . . . . . . . . . . . . . . . . . . . . .............(1.2.1)Page 3 Felony ... ....................................... (1.2.1)Page 1 I S i 1 Field Interviews ................................ (41.1.1)Page 3 1 Financial Institution Alarms .................... (81.2.13)Page 1 Fines, payments - receipts ......................General Order #11 1 Firearm, Discharge of ................. .. .... ....(1.3.1)Page 4 Firearm, Discharge of ........................... (1.3.1)Page 2 Firearms Qualifications...... . . . . . . . . . . . . . . . . . . . (1.3.1)Page 3 Firea(1.3.1)Page , rms, off -duty .............................. 3 Firearms. . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . (1.3.1)Page 3 Fires in Jail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . (72.3.1)Page 1 Firing Warning Shots. . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 3 1 Fitness, Physical for Law Enforcement Officers.. (33.1.1)Page 1 Fitness Coordinators. . . . . . . . . . . . . . . . . . . . . . . . . . . . )33.1.1)Page 5 FLERS...........................................General Order #02 1 Force, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 1 Found Property Storage .........................• (84.1.1)Page 3 Front desk procedures, receipts...... . . . . . - . . .. .General Order #11 General Orders, developing .....................I (12.2.1)Page 2 1 General Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Chapter Tab) Global Search Inquiry...... ...... ..... . ene lOrder #07 Gratuities, Bribes, & Rewards ................... (26.1.1)Page 3 1 Grooming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.1.1)Page 3 Grooming & Uniform Requirements & Specifications (41.3.5)Page 1 Guarding Prisoners at Medical Facilities........ (71.1.1)Page 3 1 Gun Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 3 Guns, discharge of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 2 Guns, off -duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 3 Guns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 3 1 Hair, Grooming .................................. (41.3.5)Page 1 Handcuffing prisoners...... . . . - . . . . . . . . - . . . . - . . . (71.1.1)Page 3 Harassment in the Workplace ..................... (26.1.2)Page 1 1 Health Care of Prisoners ........................ (72.6.1)Page 1 Hollow Spike Belt. . . . . . . - . . . . . . . . . . . . . . . . . . . . . . .General Order #15 Hot Pursuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.2.8)Page 1 1 Identifying himself as Officer .................. (1.2.1)Page 3 Illegal waste dumping...........................General Order #16 Injured animal .................................. (1.3.1)Page 2 Injuries Caused by Canines ...................... (41.2.17)Page 3 1 Injury to employees... . . . . . . . . . . . . . . . . . . . . . . . . . .General Order #01 Impoundment Alternatives...... . . . . . . . . . . . . . . . . . . (61.4.3)Page 3 Impoundment Criteria...... . . . . . . . . . . . . . . . . . . . . . . (61.4.3)Page 3 1 Inspection, Uniforms ............................ (41.3.5)Page 1 Integrity. . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . (1.1.1)Page 3 Interference with Internal Investigation........ (52.1.1)Page 4 , Internal Investigations ......................... (52.1.1)Page 1 Intoxicants, Use of ............................. (26.1.1)Page 3 Intoxicated Persons. . . . . . . . . . . ..... . ... . . . . . .. . ... .. (1.2.1)Page 5 Inventory of Towed Vehicles ..................... (61.4.3)Page 4 1 Investigative Hold...... . . . . . . . . . . . . . . . . . . . . . . . . (61.4.3)Page 1 Issuing FPD Receipts. . . . . . . . . . . . . . . . . . . . . . . . . . . .General Order #11 Jail Checks, Frequency....................-....- (72.1.1)Page 1 1 Jail manual. . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . (72.1.1)Page 2 Index Page #4 1 1, I ' Jail Emergency Plan ............................. (72.3.1)Page 1 Jailer Duty ..................................... (72.1.1)Page 1 Jailer Duty (Prisoner Suicide ID guidelines) ....General Order #17 Jewelry, Grooming. . . . . ......... . . . . . . . . . . . . . . . (41.3.5)Page 2 Jurisdiction and Statutory Authority ............ (1.2.1)Page 2 Juvenile Operations ............................. (44.1.1)Page 1 Juvenile Arrests ................................ (44.1.1)Page 1 K- 9s ............................................ (41.2.17)Page 1 Killing animals ................................. (1.3.1)Page 2 Knowledge, Lack of .............................. (26.1.1)Page 2 Lack of Candor. . ................. . . . . . . . . . . . . . . . (26.1.1)Page 2 Lack of Knowledge ............................... (26.1.1)Page 2 ' Language, Obscene, Immoral, or Profane .......... (26.1.1)Page 3 Law Enforcement Agency Role..................... (1.1.1)Page 1 Lawful Order. . . ............... . . . . . . . . . . . . . . . . . (12.1.1)Page 3 Leaving the City Limits ......................... (41.2.11)Page 1 Leg Straps. . . ............ . . . . . . . . . . . . . . . . . . . . . . . (71.1.1)Page 2 Liaisons ........................................ (2.1.2)Page 1 Lieutenant ...................................... (12.1.1)Page 2 Lieutenants' duties. . . . . . . . . . . . . . . . . . . . .........General Order #03 Light Duty ...................................... (16.2.3)Page 1 Limits of Authority...... ............ . . . . . . . . . . . (1.2.1)Page 1 ' Liquor, Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... (26.1.1)Page 3 Loaning Equipment...... . . . ......... . . . . . . . . . . . . . (26.1.1)Page 4 Log Inquiry, Dispatcher's...... . . . . . . . . . . . . . . . . .General Order #08 Mailing Blood...................................General Order #05 ' Mailing Evidence, certified mail................General Order #06 Maintenance of Equipment...... . . . ......... ...... (26.1.1)Page 4 Making False Report ............................. (26.1.1)Page 2 ' Management Responsibilities, Harassment......... (26.1.2)Page 2 Matrons ....................... (72.1.1)Page 1 Medic Alert symbol .............................. (1.2.1)Page 4 Medical Attention Form .......................... (72.1.1)Page 1 Medical Leave Act (FMLA)........................ (16.2.3)Page 1 Medical Treatment...... . . . . . . . . . . . . . . . . . . . . ..... (72.6.1)Page 1 Medical & Dental Care for Prisoners............. (72.6.1)Page 1 ' Military Deserter ............................... (1.2.1)Page 4 Misdemeanor ........... ........................ (1.2.1)Page 1 Misuse of Arrest Authority ...................... (1.2.1)Page 4 Money, Inventoried or Seized ............... (84.1.1)Page 5 Money, receipts for.......... . ... ...General Order #11 Moonlighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... (41.1.1)Page 4 Mustaches, Grooming. .......................... . . (41.3.5)Page 2 ' Narcotics Custodian ............................. (84.1.1)Page 2 Narcotics Storage...... . . . . . ..........(84.1.1)Page 3 Narcotics, Field Testing ........................ (84.1.1)Page 5 Neglect or refusal to pay just debts............ (26.1.1)Page 2 Non -Lethal Weapons .............. (1.3.1)Page 5 Non -Lethal Defensive Tactics .................... (1.3.4)Page 1 Notification of Court Appearance ................General order #12 Notification Plan ............................... (46.1.1)Page 1 I I 0 • 1 Oath of Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.1.1)Page 2 , Off -Duty Arrest ... .............................. (1.2.1)Page 5 Off -Duty Weapons ................................ (1.3.1)Page 4 ' Offenses, termination........................... (26.1.1)Page 2 Office of Professional Standards (OPS).......... (52.1.1)Page 1 On-the-job injuries. - - - . . . . . . . . . . . . . . - - . . . . . . . . .General Order #01 OPS............................................. (52.1.1)Page 1 1 Oral Warning. . . . . . . . . . . . . . . . . . . - . . . . . . . ........ . (26.1.1)Page 1 Order, Lawful ................................... (12.1.1)Page 3 Order, Conflicting...... . . . . . . . . . . . . . . . . - . . . . . . . (12.1.1)Page 3 ' Ordinances. ..................................... (26.1.1)Page 2 Organization & Administration ................... (41.1.1)Page 1 Outside Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.1.1)Page 4 , Parking Lot Accidents...........................General Order #04 Passengers in Police Cars ....................... (41.2.11)Page 1 Password, computer. . . . .. . . . . .. . . . . . .. . . . ....... .General Order #13 Patrol response ................................. (41.1.1)Page 1 1 Patrol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... (41.1.1)Page 1 Pepper Aerosol Restraint Spray..................General Order #18 Pepper Aerosol Restraint Spray.................. (1.3.4)Page 1 , Performance, Work............................... (26.1.1)Page 1 Performance of the Duties of a Police Officer... (1.1.1)Page 2 Performance Measures.....................-...... (1.1.1)Page 1 ' Personnel/Equipment Daily Update (System 36) ....General Order #10 Personnel/Equipment Scheduling (System 36) . . . . . .General Order #09 Physical Fitness for Law Enforcement Officers... (33.1.1)Page 1 Physical Fitness Testing Procedures............. (33.1.1)Page 1 ' Pistol Qualifications...... . . . - . . . . . . . . . . . . . . . . . (1.3.1)Page 3 Police Identification...... . . . . . . . . . . . . . . . . . . . . . (1.2.1)Page 5 Police Baton. . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 5 , Police Dogs. .................................... (41.2.17)Page 1 Police Traffic Radar...... . . . . . . . . . . . . . . . . . . . . . . (62.1.12)Page 1 Polices Development. ...... . . . . . . . . . . . . . ........ . (12.2.1)Page 1 ' Policies, Procedures, & Rules Development....... (12.2.1)Page 1 Pregnant Officers, Temporary Light Duty......... (16.2.3)Page 4 Pre -Raid Briefings, ERT......................... (46.2.1)Page 3 Preventative patrol.... ...... . . . . ....... . . . . . . . . (41.1.1)Page 1 , Primary Responsibilities of a Police Officer.... (1.1.1)Page 2 Prisoner Transportation...... . . . . . . . . . . . . . - . . . . . (71.1.1)Page 1 Prisoner Handcuffing...... - . . . . . . . . . . . . . . . . . . . . . (71.1.1)Page 3 , Prisoner Suicide Identification Guidelines......General Order #17 Prisoners, Seatbelts ............................ (71.1.1)Page 1 Prisoners, seatbelts ............................ (41.2.13)Page 2 Private Life. . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . (1.1.1)Page 4 Private person making arrest .................... (1.2.1)Page 3 Privately owned vehicles.,- prisoner transporting. . (1.2.1)Page 5 Probable Cause .................................. (1.2.1)Page 1 Probable Cause .................................. (1.2.2)Page 1 Profanity. . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . (26.1.1)Page 3 Professional Performance ........................ (1.1.1)Page 3 ' Proper Care & Maintenance of Equipment.......... (26.1.1)Page 4 Index Page #6 1 I L • Property Management; Acquired & In -Custody...... (84.1.1)Page 1 Property Control ................................ (84.1.1)Page 1 Protective Order.........................0..0.00 (1.2.4)Page 6 Public and Social Service Agencies .............. (2.1.2)Page 1 Pursuit Tactics ................................. (41.2.8)Page 4 Pursuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.2.8)Page 1 Qualifications ........................... .. ... (1.3.1)Page 3 Radar Policy. . . . . .... ......... .................. (62.1.12)Page 1 Radar. . . .............. . . . . . . . . . . . . . . . . . . ...... (62.1.12)Page 1 Receipts, types of..............................General Order #11 Receipts. ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Order #11 Relationships With Other Agencies ............... (2.1.2)Page 1 Remarks, Disrespectful, Idle............... (26.1.1)Page 3 Reprimand or Suspension......................... (26.1.1)Page 3 Requests for Assistance...... . . . . . . . . . . . . . . . . . . . (2.1.2)Page 2 Resolved Complaints, OPS......................... (52.1.1)Page 3 Responding to Bank Alarms .......................General Order #02 Retaliation, Harassment or Discrimination....... (26.1.2)Page 3 Rewards. . . . . . . . ............. . ............. . . . . . . (26.1.1)Page 3 Riders in Police Cars ........................... (41.2.11)Page 1 Roadblock (Hollow Spike Belt)...................General Order #15 Rudeness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (26.1.1)Page 3 Safety Belts. . . . . . . . . . . . . .....(41.2.13)Page 1 Search of Prisoners.........................••.. (71.1.1)Page 1 Search of Body Cavities....... (1.2.2)Page 2 Search of Persons ............................... (1.2.2)Page 2 ' Searches, K 9 ................................... (41.2.17)Page 2 Searches ........................................ (1.2.2)Page 2 Seatbelts Usage ................................. (41.2.13)Page 1 ' Security of receipts. . . . . . . . . . . . . . . . . . . . . . . . . . . .General Order #11 Seized Vehicles. . . . . . . . . . . . . . . . . . ...... . . . . . . . (61.4.3)Page 2 Selling Tickets ....... .......................... (26.1.1)Page 4 Sergeant ........................................ (12.1.1)Page 2 Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12.1.1)Page 3 Sergeantsduties...... . . . . . . . . . . . . . . . . . . . . . . . . .General Order #03 Sexual Harassment. . ............................. (26.1.2)Page 1 ' Shooting Team ................................... (1.3.1)Page 5 Shoplifting. ......0 .............. (1.2.1)Page 3 Sickness. . . . . . . . . . . . . . . . . . . . . . . . ................ (41.1.1)Page 4 ' Sideburns. . . . . . . . . . . . . . . . . . . . . . . . ............ . . . (41.3.5)Page 2 Signing units on duty in System 36..............General Order #10 Signing off computer system .....................General Order #13 Solid waste.....................................General Order #16 ' Spouse Abuse. . . . . . .............................. (1.2.4)Page 2 Staff Meetings .................................. (12.1.1)Page 3 Stalking. . . . . . . . . . . . . . . . . . . . . . . . .......... . . . . . . (1.2.4)Page 4 Statements to Attorneys, civil actions..........General Order #12 Storage of Drugs/Narcotics................. (84.1.1)Page 3 Storm, Tornado, Etc. (Jail) ..................... (72.3.1)Page 2 ' Storms.....................................(46.1.1)Page 2 Strip Searches. . . . . . . . . . . . . . ..... ............... (1.2.2)Page 2 L7 Index Page #7 r7 Subpoenas, civil actions ........................General Order #12 ' Suicide Identification Guidelines...... . . . . . . .. .General Order #17 Summons, payments - receipts ....................General Order #11 Supervising Subordinates ........................ (12.1.1)Page 2 Supervisor Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . - . .General Order #03 Suspect may cause injury to self or others...... (1.2.1)Page 3 Suspect, Wounding or Killing .................... (1.3.1)Page 5 ' Suspended Employee.............................. (26.1.1)Page 1 Sworn Uniformed Personnel, Fitness.............. (33.1.1)Page 5 Table of Contents ............................... (i) , Taking Intoxicated Individuals Home............. (1.2.1)Page 5 Taking Juvenile Into Custody .................... (44.1.1)Page 1 Taking Vehicles Outside City Limits............. (41.2.11)Page 1 ' Telephone, required............................. (41.1.1)Page 4 Temporary Light Duty ............................ (16.2.3)Page 1 Temporary Light Duty, Request................... (16.2.3)Page 3 Ten Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41.1.1)Page 3 ' Termination Offenses...... . . . . . . . . . . . . . . . . . - . . . . (26.1.1)Page 2 Ticket sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (26.1.1)Page 4 Tickets, payments - receipts.............. ......General Order #11 ' Traffic Tickets, payments - receipts............General Order #11 Traffic offense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1.2.1)Page 3 Traffic Safety Agencies...... ................... (2.1.2)Page 2 ' Training, ERT................................... (46.2.1)Page 2 Transporting Prisoners...... . - . . . . . . . . . . . . . . . . . . (71.1.1)Page 1 Treatment, Unjust. . . . . . . . . . . . . . . . ....... . . . . . . . (26.1.1)Page 2 Unattended Vehicle .............................. (61.4.3)Page 1 1 Unbecoming Conduct .............................. (26.1.1)Page 3 Unclaimed Property Storage ...................... (84.1.1)Page 3 Unconscious or semiconscious Person ............. (1.2.1)Page 4 , Uniform Inspections ............................. (41 1 .3.5)Page Uniforms. . . . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . (26.1.1)Page 3 Uniforms ........................................ (41.1.1)Page 3 ' Uniforms, Bicycle Patrol ........................ (41.1.4)Page 2 Uniform Specifications..... ......... . . . . . . . . . . . (41.3.5)Page 2 Unjust Treatment ................................ (26.1.1)Page 2 Unnecessary infliction of pain .................. (1.1.1)Page 3 , Unusual Occurrences ............................. (46.1.1)Page 1 Use of Force .................................... (1.1.1)Page 3 Use of Deadly Force............................. (1.3.1)Page 1 ' Use of Alcohol & Drugs .......................... (26.1.1)Page 3 Use of Force .................................... (1.3.1)Page 1 Use of Force Report. . . . . . . . . . . . . . . - . . . . . . . . . . . . .General Order #19 Vehicles Outside City Limits .................... (41.2.11)Page 1 Vehicles, Seized as Evidence .................... (84.1.1)Page 5 Vehicular Pursuit. . . . . . . . . . . . ...... . . . . . . . - . . . . . .. . . -(41.2.8)Page 1 Vehicular Pursuit (Hollow Spike Belt) . . . ... . . . . .General Order #15 Vests, Wearing while in Court...................General Order #12 Vests, Bulletproof...... . . . . . . . . . . . . . . . . (41.1.1)Page 4 Warning Shots. . ...... . . . . . . . . . . . . . . . . ......... . . (1.3.1)Page 3 Warning, Oral ................................... (26.1.1)Page 1 Index Page #8 , I ' Warrant ......................................... (1.2.1)Page 2 Warrantless arrest by officer ................... (1.2.1)Page 3 ' Warrantless Arrest, Domestic Abuse.............. (1.2.4)Page 1 Weapons, non -lethal........... (1.3.1)Page 5 Weapons, Detectives...... . . . . . . . . . . . . . . . . . . . . . . (1.3.1)Page 4 Weapons, discharge of ........................... (1.3.1)Page 2 Weapons, department issued ...................... (1.3.1)Page 4 Weapons, off -duty ............................... (1.3.1)Page 3 Weapons ......................................... (1.3.1)Page 3 ' Weather ......................................... (46.1.1)Page 2 Wife Abuse ...................................... (1.2.4)Page 2 Wigs, Grooming .................................. (41.3.5)Page 2 Work Performance ................................ (26.1.1)Page 1 ' Worker's Compensation Forms .....................General Order #01 Wounding Suspect ................................ (1.3.1)Page 5 I I I I C1 I I] LI I I L I �Zcs 3- • S'=AFF REVIEW FORT % AGENDA REQUEST CONTRACT REVIEW —_._ GRANT REVIEW For the Fayetteville City Council meeti.ne of January 5, 1999____ FROM: Richard L. Watson Police Police S rR Na:ne Division Deaarcnent ACTION REQUIRED: REV City Council approve the Fayetteville Police Department Policies, Procedures and Rules as required by Arkansas Code Annotated 14-51-302. COST TO CITY: $ -0- $ N/A N/A Cost of this Request Category/Project Eudget Category/Project Name N/A $ N/A N/A Account Number Funds Used To Date Program Name N/A $ N/A N/A ?roject Number Remainino Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached 3g Coordinator Adm_:is*.rative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: _ _ Date ADA Coordinator Date Z ra�__�� Date Ir ernal Auditor Date is -Z -58 Purchasirg Officer Date STAFF RECOMMENDATION: Approve Policy, Procedure and Rules for the Fayetteville Police Department. Division Head Date Cross Reference Decar ane*LDrecc tor -L _- AcmiZsv�- rative Services Director Mayo_ ,s- _____ New Item: Yes No Date __ Prey Ord/Res if. Date Date Orig Contract; Date: Page 2 Cesc::ot'_n Policies, Procedures and Rules AeetngCate 01/05/99 Conents: Budget Coordinatcr Accounting Manager C:rj Attorney P?rchas:ng Office: AJA Coordinator i7ternai Auditor FAYETTEViLLE � THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM To: Mayor Fred Hanna and City Council Members From: Richard L Watson, Chief of Police e WaZC"` "Subject: Proposed Policies Date: December 4, 1998 Enclosed are copies of proposed revisions and additions to our department policies and procedures. We last revised our policies in July of 1990 and several areas needed to be corrected, added, or updated. These proposed policies have already been reviewed by City Attorney Jerry Rose, Prosecuting Attorney Casey Jones and other City staff members. The proposed policies are being presented to you and the City Council for formal approval. According to Arkansas Code Annotated 14-51-302, policies must be approved by the governing body of the municipality (by resolution of the City Council). If you have any comments or questions please contact me.