HomeMy WebLinkAbout207-08 RESOLUTIONRESOLUTION NO. 207-08
A RESOLUTION APPROVING AND ADOPTING POLICY NO. 41.2.8
"VEHICULAR PURSUIT" TO THE FAYETTEVILLE POLICE
DEPARTMENT'S POLICIES, PROCEDURES & RULES MANUAL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
approves and adopts Policy No. 41.2.8 "Vehicular Pursuit" to the Fayetteville Police
Department's Policies, Procedures & Rules Manual. A copy of the Policy, marked
Exhibit "A," is attached hereto and made a part hereof. �.`�RK%TR''.,,
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PASSED and APPROVED this 6th day of November, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Greg Tabor
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/4/2008
City Council Meeting Date
Police
Division
Action Required:
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Council approve a resolution amending Policy 41.2.8 "Vehicular Pursuit" of the Fayetteville Police Departments
Policies, Procedures & Rules manual.
$0
Cost of this request
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Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
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Program / Project Category Name
Fund Name
City Attorney
Finance and Internal Service Director
Date
10-11-08
Date
Mayor
Previous Ordinance or Resolution #
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Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
TO: Mayor Dan Coody and Members of the City Council
FROM: Greg Tabor, Chief of Police
DATE: October 17, 2007
SUBJECT: Policy Amendment
Recommendation: Council approves a resolution amending the Fayetteville Police
Department Policy 41.2.8 "Vehicular Pursuit"
Background: The current Fayetteville Police Department Policies were approved by
council resolution #3-99 on January 5a', 1999.
Discussion:
This policy was modeled after reviewing policies from the Commission for Accreditation
of Law Enforcement Agencies (CALEA), Police Executive Research Forum (PERF),
International Association of Chiefs of Police (IACP), and other area agencies.
Budget Impact: None
FAYETTEVILLE POLICE DEPARTMENT
100-A WEST ROCK STREET
FAYETTEVILLE. AR 72701
(DELEVERIES) POLICE: 100-A WEST ROCK STREET 72701
PHONE: 479.587.3555 FAX: 479.567.3522
RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING POLICY No. 41.2.8
"VEHICULAR PURSUIT" TO THE FAYETTEVILLE POLICE
DEPARTMENT'S POLICIES, PROCEDURES & RULES MANUAL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
approves and adopts Policy No. 41.2.8 "Vehicular Pursuit" to the Fayetteville Police
Department's Policies, Procedures & Rules Manual. A copy of the Policy, marked
Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE,ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
41.2.8
Subject
VEHICULAR PURSUIT
Reference
Stop Stick G.O. #11
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
No.Pages
-8-
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.
The professional, well-trained, and well -disciplined officer
is aware that the decision to terminate a pursuit is determined
under those circumstances in which the most intelligent and
professional course of action would probably result in saving the
life of a citizen or fellow officer. Any officer or supervisor's
decision not to pursue or to terminate a pursuit will not be
subject to review or discipline.
(41.2.8) Page 1
III. DEFINITION
A. Vehicular Pursuit: For the purposes of this policy, pursuit
is defined as an active attempt by an officer operating an
emergency vehicle and simultaneously utilizing all emergency
equipment to apprehend the occupant(s) of another moving vehicle,
when the driver of a fleeing vehicle is aware of the attempt and is
resisting apprehension by increasing his speed or disobeying
traffic laws. Following a vehicle that is being operated legally,
but ignoring the law enforcement officer's attempt to stop them,
does not constitute a pursuit.
B. Supervisor/Field Supervisor: For the purposes of this policy,
Supervisor/Field Supervisor excludes the rank of Corporal.
IV. PROCEDURES
A. Initiation of Pursuit
1. Any law enforcement officer in an authorized emergency vehicle
may initiate a vehicular pursuit only when ALL of the following
criteria are met:
a. The decision to initiate pursuit must be based on the pursuing
officer's conclusion that the immediate danger to the public
created by the pursuit is less than the immediate or potential
danger to the public should the suspect remain at large;
b. When an officer reasonably believes that the suspect
exhibiting the intention to avoid arrest by using a vehicle to flee
apprehension has committed a serious felony or is suspected of DWI.
For the purposes of this policy, a serious felony shall be
restricted to the following offenses: Murder, Robbery, Burglary,
Kidnapping, Rape, Aggravated Assault, Battery 1st Degree, Battery
2nd Degree, Felony Domestic Cases, and any other felony offense
which involves the use or threat of physical force or violence
against another person. Facts gathered after initiation of a
pursuit will not be considered part of the justification to
initiate a pursuit;
c. The suspect operating the vehicle refused to stop at the
direction of the officer;
d. The officer's unit is not occupied by a prisoner, suspect,
complainant, witness, civilian observer, or any person not a law
enforcement officer; and
e. The officer intending to pursue is equipped with a marked
patrol unit. Exceptions to this will only occur with supervisory
approval and should be limited to special circumstances.
(41.2.8) Page 2
2. The pursuing officer shall have considered and come to the
conclusion that the following factors would not increase the danger
to the lives of the public, officers, or suspects involved in or
affected by the pursuit:
a. The performance capabilities of the pursuit vehicle;
b. The condition of the road surface upon which the pursuit is
being conducted;
c. The amount of vehicular and pedestrian traffic in the area;
d. Weather conditions; and
e . The officer's own driving skills and knowledge of the roadway.
(The officer should know his or her driving abilities and
limitations and should not exceed them.)
B . Pursuit Officer Responsibilities
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. Location, approximate speed and direction of travel of the
fleeing vehicle;
c. Description and license plate number, if known, of the fleeing
vehicle;
d . Number of occupants in the fleeing vehicle and descriptions,
where possible; 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, backup, or other assignments as directed by a
supervisor when another vehicle has been assigned primary pursuit
responsibility.
4. Any primary or backup unit sustaining damage or failure of
essential vehicular equipment during pursuit shall not be permitted
to continue in the pursuit. The unit shall notify communications
so that another unit may be assigned to the pursuit. A unit shall
terminate pursuit at any time it appears that a defect has
(41.2.8) Page 3
)1
developed in the police vehicle, which would in any way affect the
safe operation of that vehicle, including loss of any emergency
equipment.
C. Communications Center Responsibilities
1. Upon notification that a pursuit is in progress,
communications personnel shall immediately advise a field
supervisor of essential information regarding the pursuit.
2. Communications personnel shall carry out the following
activities and responsibilities during the pursuit:
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 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. The field supervisor shall permit a pursuit to
continue only if all criteria required to initiate the pursuit
continues to be met.
3. The field supervisor shall order the termination of a pursuit
for any of the following circumstances:
a. Anytime the supervisor concludes that the danger to the
pursuing officers or the public outweighs the necessity for
immediate apprehension of the suspect;
b. When the suspect's identity is established to the point where
later apprehension may be accomplished and when there is no
immediate threat to public safety;
(41.2.8) Page 4
c. When officers lose all radio communications with: Fayetteville
Dispatch, Washington County Dispatch or the Field Supervisor;
d . When a vehicular pursuit becomes prolonged in recognition of
the increased risk associated with the overall population density
and volume of vehicular traffic in Fayetteville, unless the
supervisor determines that further pursuit is justified to respond
to an immediate threat to public safety;
e. Weather or traffic conditions substantially increase the
danger of pursuit beyond the worth of apprehending the suspect;
f. The distance between the pursuit and fleeing vehicles is so
great that further pursuit is futile;
g . The fleeing vehicle travels the wrong direction on any
freeway, freeway frontage road, or divided highway; or
h . For any other reason a supervisor deems necessary.
4. In controlling the pursuit incident, the field supervisor
shall be responsible for coordination of the pursuit as follows:
a. Directing pursuit vehicles into or out of the pursuit;
b. Re -designation of primary, support, or other backup vehicle
responsibilities;
c. Approval or disapproval, and coordination of pursuit tactics;
and
d . Approval or disapproval to leave jurisdiction to continue
pursuit.
5. 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
(41.2.8) Page 5
f. Any other clear and articulated facts that would warrant the
increased hazards caused by numerous pursuit vehicles.
E. Traffic Regulations during Pursuit
1. Each unit authorized to engage in vehicular pursuit shall be
required to activate headlights and all emergency vehicle equipment
prior to beginning pursuit.
2. Officers engaged in pursuit shall at all times drive in a
manner exercising reasonable care for the safety of themselves and
all other persons and property within the pursuit area.
3. Officers are permitted to suspend conformance with normal
traffic regulations during pursuit as long as reasonable care is
used when driving in a manner not otherwise permitted, and the
maneuver is reasonably necessary to gain control of the suspect.
F. Pursuit Tactics
1. Unless expressly authorized by a
will involve no more than three units
a back-up unit, and a supervisor.
permitted to join the pursuit team
parallel streets. However, officers
terminate the pursuit with deployment
field supervisor, a pursuit
to include the primary unit,
Officers are not otherwise
or follow the pursuit on
are permitted to attempt to
of Stop Sticks.
2. Officers may not intentionally use their vehicle to bump or
ram the suspect's vehicle, unless "Deadly Force" is justified.
3. Departmental policy pertaining to use of deadly force shall be
adhered to during the pursuit.
4. Boxing in a suspect's vehicle
moving vehicle is unauthorized.
5. Roadblocks are unauthorized.
or heading off a suspect's
6. K-9 units and motorcycles are prohibited from initiating,
engaging in and/or following vehicle pursuits unless authorized by
a supervisor.
G. Termination of Pursuit
1. A decision to terminate pursuit may be the most rational means
of preserving the lives and property of both the public and the
officers and suspects engaged in pursuit. The pursuing officer,
the field supervisor, or any higher-ranking supervisor to the field
supervisor may terminate the pursuit.
(41.2.8) Page 6
2. The pursuit shall be immediately terminated in any of the
following circumstances:
a. When the officer concludes that the danger to the pursuing
officer(s) or the public outweighs the necessity for immediate
apprehension of the suspect;
b. If the suspect's identity or probable identity is established
to the point where later apprehension may be accomplished and where
there is no immediate threat to the safety of the public or police
officers;
c. When officers lose all communications with: Fayetteville
Dispatch, Washington County Dispatch or the Field Supervisor;
d . When a vehicular pursuit becomes prolonged in recognition of
the increased risk associated with the overall population density
and volume of vehicular traffic in Fayetteville, unless the
supervisor determines that further pursuit is justified to respond
to an immediate threat to public safety;
e. Weather or traffic conditions substantially increase the
danger of pursuit beyond the worth of apprehending the suspect;
f. The distance between the pursuit and fleeing vehicles is so
great that further pursuit is futile;
g . The fleeing vehicle travels the wrong direction on any
freeway, freeway frontage road, or divided highway; or
•
h . For any other reason a supervisor deems necessary.
3. The pursuing officer shall relay suspect information to
communications personnel along with any further information
acquired which may assist in an arrest at a later date.
H . Inter -jurisdictional Pursuits
1. Pursuits Originated by Fayetteville Police Department
a. The pursuing officer shall notify communications when it is
likely that a pursuit will continue into a neighboring jurisdiction
or across the state line.
b. Regarding our pursuits entering other jurisdictions, our units
will maintain their pursuit positions in their efforts to bring the
pursuit to conclusion.
c. Pursuit into a bordering state shall conform to the
department's inter -jurisdictional pursuit agreement, if existent,
and state law.
(41.2.8) Page 7
2. Pursuits Originated by Other Agencies
a. Since it is almost impossible to know all circumstances
surrounding another agency's decision to pursue, or the charges
pending against the pursued driver in the short period of time we
are notified of the pursuit, Fayetteville Police units will assume
a backup role in pursuits conducted through our jurisdiction by
other law enforcement agencies.
b. Pursuits by other agencies through our jurisdiction terminate
for Fayetteville Police Officers at the city limits, unless
specifically authorized by a supervisor to proceed outside of our
jurisdiction.
c. If another agency specifically requests our assistance in
their pursuit, the dispatcher will attempt to get all of the known
information and charges pending against the driver.
d. Once the field supervisor is informed of the specific charges
by communications, an immediate decision shall be made by the field
supervisor on the continuation of the pursuit by Fayetteville
Police units outside our jurisdiction. In any event, as other
jurisdictions join the pursuit to assist the originating agency,
Fayetteville Police units shall cease their participation.
I. Pursuit Analysis
1. The field supervisor shall prepare a comprehensive analysis of
the pursuit and forward through the Patrol Captain to the Deputy
Chief for review.
2. The Administrative Lieutenant will be responsible for
maintaining pursuit records, completing the monthly Pursuit
Analysis Report and for retaining records according to retention
schedule.
(41.2.8) Page 8
Clarice Pearman - Res. 207-08 & 208-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Tabor, Greg
11.13.08 3:14 PM
Res. 207-08 & 208-08
Audit
Audit
iM
Page 1 of 1
Chief Tabor:
Attached is a copy of the above resolutions passed by City Council adopting 41.2.8 Vehicular Pursuit and 26.2.1 Nepotism. I
will forward to Budget & Research the budget adjustment. Please let me know if there is anything else needed for this item.
Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise1491 C4467F... 11.13.08