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HomeMy WebLinkAbout222-09 RESOLUTIONRESOLUTION NO. 222-09 A RESOLUTION APPROVING AND ADOPTING AMENDMENTS 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 the following amended sections of the Fayetteville Police Department's Policies, Procedures & Rules Manual: > 1.3.1 — "Use of Force" > 1.3.4 — "Less -Lethal Weapons/Defensive Tactics" > 26.1.1 —" Disciplinary Matter and Award Procedures" > 26.1.2 — "Harassment and Discrimination in the Workplace" > 46.2.1 — "Emergency Response Team" hereof. A copy of these amendments, marked Exhibit "A," is attached hereto and made a part PASSED and APPROVED this 3rd day of November, 2009. APPROVED: By: ATTEST: .v~ By: DIAL (Fe , Mayor SONDRA E. SMITH, City Clerk/Twsurer Gx, S ;' s..• GSTY O,c •G� r. • • �? E :FAYETTEVILLE: Liz•, .A.a ' YKANSPS J�`�. %9s y,�G ...oN1,Gp FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date November 3, 2009 Number 1.3.4 Subject Less -Lethal Weapons/Defensive Tactics Reference 1.3.1 Special Instructions Distribution A11 Personnel Reevaluation Date 1 -Year No. Pages -12- PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less than lethal weapons and defensive tactics.[Calea 1.3.4) II. DISCUSSION All Police Officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less -lethal weapons. Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. III. POLICY It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in accordance with the guidelines set forth here. A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers should generally use the level of force that can reasonably be (1.3.4) Page 1 expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances. The Force Continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: a. Officer Presence The professional appearance and uniform of a police officer. b. Verbal Direction The appropriate verbal response and commands used to attempt to direct the action of a suspect. c., Empty Hand Soft empty hand techniques are designed to control Passive or Defensive Resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Pressure Point Control Tactics (PPCT) is the department approved defensive tactics system. Soft empty hand control techniques include strength techniques, point locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. Hard Empty Hand Control techniques are designed to control Active Aggression, but can be used to control Defensive Resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. d. Intermediate Weapons An intermediate weapon is any tool used when empty hand control has been, or will likely be, ineffective or dangerous for the officers to attempt, and deadly force is not justified. The department issued impact weapon is the expandable baton. Officers have discretion to use the expandable baton as a defensive tactics tool to counter resistance and assaultive behavior. The OC aerosol spray and Conducted Energy Weapon are also classified as intermediate weapons. The OC aerosol spray and Conducted Energy Weapon provides officers (1.3.4) Page 2 with additional use -of -force options against aggressive animals or for gaining compliance of resistant or aggressive individuals during arrest, detention and other enforcement situations that occur in the line of duty. Usage criteria for intermediate weapons is as follows: (1) The use of any intermediate weapon is considered a use of force and shall be deployed in a manner consistent with this agency's use of force policy and in accordance with guidelines set forth herein. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled an intention to actively resist the officer's efforts to make the arrest, and (c) the use of empty hand techniques has been, or will likely be, ineffective or not reasonable under the circumstances. (d) when confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the o fficer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be u sed in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum t o assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. e . Deadly/lethal force Force likely to cause death or serious physical injury. 2. Levels of Resistance: a. Psychological Intimidation (1.3.4) Page 3 The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive 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. c. Verbal Non -Compliance This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely d. Defensive Resistance The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted He may simply move away from the officer or push the o fficer's hands away. The suspect makes no attempt to harm the o fficer, just tries to defeat the arrest. e . Active Aggression. The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. 3. De-escalation of Force: Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. Officers, for their own protection, should understand and comply with the force continuum. (1.3.4) Page 4 4. Training: Officers must be certified in the use of the Conducted Energy Weapon (CEW), Pepper Spray and Pressure Point Control Tactics before authorization to use such defensive tactics. Officers are required to attend refresher training on handgun retention and PPCT Tactics as scheduled by the Training Division. B. Less -lethal Weapons All Police Officers of the Fayetteville Police Department are directed to obtain certification to carry and use less lethal weapons as authorized by the Chief of Police. Less lethal weapons provide officers with additional use -of -force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. It is the policy of this department that officers use less lethal weapons when warranted, but only in accordance with the guidelines of this policy set forth here. Less lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers will receive in-service refresher training on the use of less lethal weapons on an annual basis. A certified weapons or tactics instructor will conduct refresher training. The training division will maintain documentation of refresher training. Remedial training, if necessary, will be given to any officer who is unable to demonstrate knowledge and proficiency of less lethal weapons prior to resuming official duties.[Calea 1.3.11] 1. Police Baton a. Authorization (1) Only certified officers who have successfully completed the PPCT certified Defensive Tactics Course are authorized to carry the police baton. b. Usage Procedures (1) Impact weapon strikes to the nerve motor points in the legs and arms are considered to be at the Intermediate Weapon level on the force continuum. (2) Any impact weapon strikes to the head, throat or clavicle are considered to be deadly force. (1.3.4) Page 5 (3) The two target areas on the arms for blocking points are: (a) The Radial nerve motor point on the outside of the upper forearm. (b) Median nerve motor point on the inside of the forearm. (4) The three target areas for striking on the legs'are: (a) The Common Peroneal nerve motor point on the outside of the leg. (b) The Femoral nerve motor point on the inside of the leg. (c) The Tibial nerve motor point on the top of the calf muscle. (5) Strikes should be delivered with maximum power in an effort to eliminate the need for multiple strikes, decrease the need to escalate in levels of control, and shorten the time span of the confrontation. (6) After striking a subject, officers should employ other methods of follow-up control and ensure that the subject receives medical attention. [Calea 1.3.5] 2. Pepper Aerosol Restraint Spray Oleoresin capsicum (00) spray is the authorized pepper aerosol restraint spray. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device. (2) Uniformed officers whose normal duties/assignments may require them to make arrests or supervise detainees shall be required to carry departmentally authorized OC while on duty. Plain -clothes officers whose normal duties/assignments may require them to make arrests or supervise detainees shall have available departmentally authorized OC spray. (3) Uniformed officers shall carry only departmentally authorized OC canisters. Non -uniformed officers may carry OC in alternative devices authorized by the agency. (1.3.4) Page 6 b. Usage Procedures (1) Whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area. (2) An officer should maintain a safe distance from the suspect of between two and ten feet. (3) A single spray burst of one second should be directed at the suspect's eyes, nose, and mouth. (4) Use of OC should be avoided, if possible, under conditions where it may affect innocent bystanders. d . Effects of OC and Officer Response (1) Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought process. (2) The effects of OC spray vary among individuals. Therefore, all suspects shall be handcuffed as soon as possible after being sprayed. Officers should also be prepared to employ other means to control the suspect - to include, if necessary, other force options consistent with agency policy -if he does not respond sufficiently to the spray and cannot otherwise be subdued. (3) Immediately after spraying a suspect, officers shall be alert t o any indications that the individual needs medical care. This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness. Upon observing these or other medical problems or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid or transport to a local medical facility.[Calea 1.3.5] (4) Suspects who have been sprayed shall be monitored continuously for the ill effects of the OC spray. It shall be t he responsibility of the officer affecting the arrest to either monitor the suspect or alert detention center personnel the suspect has been sprayed. In the event the officer was injured during the arrest, the supervisor will assign another officer to monitor the suspect. (5) Officers shall provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax. (1.3.4) Page 7 (6) Air will normally begin reducing the effects of OC spray within fifteen minutes of exposure. However, once the suspect has been restrained, officers shall assist him by rinsing and drying the exposed area to the extent possible. (7) Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent. All such incidents shall be reported as soon as possible including the recording of the bystanders name, date of birth, and address to the immediate supervisor. f. Replacement (1) Each officer assigned an OC spray device shall be responsible for maintaining it in an operational and charged state. If an OC device becomes damaged, inoperable, or empty, the assigned officer shall report to their immediate supervisor in writing and request a replacement device. (2) Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister. (3) OC canisters shall be inspected and weighed biannually by shift sergeants who will maintain a record of this fact. (4) Unexplained depletion of OC canisters shall require an investigation and written report by the officer's supervisor to the Chief of Police. 3. Conducted Energy Weapon The Conducted Energy Weapon (CEW) will be used as an intermediate weapon on the same level in the use -of -force continuum as Pepper Aerosol Restraint Spray or the police baton. It will be the officer's discretion as to which device is used. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of the CEW are authorized to carry or use the device. Officers must demonstrate proficiency in the use of the CEW during the prescribed course of instruction.[Calea 1.3.10] Officers must receive in-service training on the CEW and demonstrate proficiency with the CEW on an annual basis after receiving the initial prescribed course of instruction. [Calea 1.3.11] (2) Uniformed officers whose normal duties/assignments may (1.3.4) Page 8 require them to make arrests or supervise detainees shall be required to carry authorized CEW units on their duty belts while on duty. (3) Uniformed officers shall carry only department authorized CEWs in the prescribed manner on their duty belts. Non -uniformed officers may carry the CEW in alternative forms authorized by the agency. b. Usage Procedures (1) At the beginning of each shift, a function test will be completed on each unit. This will be accomplished by turning the safety to the ON position, checking the battery level on the Central Information Display, verifying the laser sight system is operational, and by performing an arc display for a five second cycle. On any occasion where malfunctions are found, the unit shall be removed from service and forwarded to a CEW instructor for servicing and troubleshooting. (2) The CEW operates much like a handgun. It is equipped with standard sights and a laser sight system. The laser dot will be the point of impact for the top probe. The CEW must be held level on vertical targets. The exception to this rule is on an angled or prone target where the CEW should be tilted to allow the probes to strike the target properly. An example of this would be if the target were lying on the ground or behind some type of barrier. Target position for the CEW should be: (a) the lower torso and legs of the front of an individual to reach larger muscle groups, (b) below the neck of the back of an individual targeting the larger muscle groups, (c) Do not aim at the head, throat or genitals of an individual, d) The CEW may also be applied as a Drive Stun as a distracting or breaking maneuver to gain control and effect compliance of a suspect. It is recommended the CEW cartridge remain attached when a Drive Stun is applied. The Drive Stun can be delivered whether the probes have been deployed from the cartridge or are still intact. (3) Officers may utilize an arc display for visual effect in order to gain compliance. The CEW cartridge must be removed prior to an arc display. An arc display must be documented with a use of force report. (4) Officers should maintain a safe distance from the suspect. The optimum shot range is seven to fifteen feet. If the suspect (1.3.4) Page 9 is running, the officer must keep pace with the suspect to prevent the CEW wires from breaking. (5) When the CEW is deployed it should complete the full five - second cycle without interruption. Typically the initial deployment changes the behavior of the suspect. After the CEW is deployed, the officer should assess and evaluate the suspect while giving verbal commands. If the suspect continues to be non-compliant, additional applications may be given. The suspect should be handcuffed as soon as practical while disabled by the CEW to minimize the number of deployment cycles. (6) The CEW is prohibited from being used: (a) In a punitive or coercive manner. (b) On a handcuffed or secured prisoner absent assaultive behavior that cannot be reasonably dealt with. (c) On any suspect who does not demonstrate his or her overt intention to use violence or force against the officer or another person(s). (d) In an environment where an officer knows that a potentially flammable, volatile or explosive material is present, including but not limited to OC spray with volatile propellant, gasoline, natural gas, propane or a clandestine laboratory. (e) In any environment where the subject's fall could reasonably result in death or serious injury (e g. on an elevated structure or in a location with sharp objects) (f) On the operator of a moving vehicle. (7) As soon after deployment as possible, CDC should be notified that the CEW has been deployed. (8) Deployed cartridges must be submitted to evidence and handled with caution as explained and instructed in the CEW users course. Deployed cartridges are considered to be a biohazard and must be handled with extreme caution. (9) CEWs equipped with cameras will automatically record a video recording each time the CEW is activated in the field: (a) After a CEW is deployed, officers are required to provide the CEW to a patrol supervisor in order to preserve the video. (b) Patrol supervisors, provided with the required passwords, are to create a folder within the network drive and upload the CEW camera video in a space designated by the IT Manager. After the (1.3.4) Page 10 upload, supervisors are restricted by the IT Manager from any actions other than viewing the video. d. Effects of the CEW (1) The CEW is a Conducted Energy Weapon that uses propelled wires to conduct energy that affects the sensory and motor functions of the central nervous system resulting in incapacitation and do not rely on pain compliance. The CEW creates Electro -Muscular Disruption and causes the contraction of the muscles and overrides the central nervous system. (2) After deployment the suspect may fall immediately to the ground, which is the greatest risk of injury to the suspect. (3) The CEW will cause slight signature marks that resemble surface burns, appear red or may blister. (4) The CEW does not damage nerve tissue, does not cause serious burns and does not cause electrocution in a wet environment. f. Probe Removal [Calea 1.3.5] (1) CEW probes should be removed from an individual as soon as possible after the person has been handcuffed or properly restrained. (2) As soon as possible after the CEW has been deployed on an individual, dispatch will be contacted and request medical services personnel to respond to the scene for probe removal. [Calea 1.3.5] (3) If any of the probes are located in the head, neck, breast(females only) or the groin area of an individual and medical services personnel are not able to remove the probes; the individual will be transported to WRMC for probe removal. (4) After the probes have been removed, the probes and spent cartridge will be turned over to the officer who deployed the cartridge for submission to evidence. C. Reporting Procedures The use of police baton, PPCT, defensive tactics or an intermediate weapon will be documented in a Use of Force Report. [Calea 1.3.6] 1. OC Aerosol Spray: (a) Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity shall be reported to the officer's immediate supervisor as (1.3.4) Page 11 soon as possible. (b) A written report of an accidental discharge, which does not affect an individual, must be completed and turned into the officer's immediate supervisor before the end of shift when accidental discharge occurred.[Calea 1.3.6] (c) A use -of -force report shall be completed following all discharges of OC spray except during testing, malfunction or accidental discharge and turned into the officer's immediate supervisor before the end of shift in which the spray was used.[Calea 1.3.6] (d) Off-duty officers discharging OC spray are subject to the same reporting requirements as on -duty officers. The immediate supervisor shall be the shift supervisor at the t ime of the discharge.[Calea 1.3.6] 2. Conducted Energy Weapon: (a) Every deployment of the CEW will require the officer to complete a use of force report. The onlylexception to this will be during training classes (and/or inspections). A supplemental page for the CEW must be attached to the use of force report. This page will document the location on a person's body where the CEW probes made contact.[Calea 1.3.6] (b) The use of force report must indicate if multiple deployments occurred and the justification for multiple deployments.[Calea 1 3 6] (c) If an officer performs an "Arc Display" to gain control of a suspect or crowd, a use of force form must be completed explaining the reason for the display. (d) If an accidental discharge occurs a use of force report must be completed explaining the circumstances of the discharge. (e) A photograph of the individual and the area or areas where probes penetrated the skin of the individual must be taken of each person on whom a CEW is used. The photos will be submitted t o evidence with the used air cartridge and probes. (f) The CEW has a built in microprocessor that records the date, t ime, duration of cycle and the battery status of each pull of the trigger for the last 2000 trigger pulls. The supervisor in charge of CEW procedures shall maintain a data download logbook on each CEW. The logbook shall'be maintained for quality control purposes. (1.3.4) Page 12 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date November 3, 2009 Number 26.1.2 Subject HARASSMENT AND DISCRIMINATION IN THE WORKPLACE Reference See 26.1.1 Special Instructions Distribution All Personnel Reevaluation Date 1 Year No. Pages -4- 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. [Calea 26.1.3] II. DISCUSSION It is the policy of this department that all employees have the right to work in an environment free of harassment or discrimination. This department will not tolerate, condone or allow harassment or discrimination by employees, whether sworn, civilian, or other non -employees who conduct business with this agency. This department considers harassment and discrimination 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. POLICY A. Prohibited Activity 1. No employee will be given or denied any assignment based only upon age, sex, race, religion, politics, or physical handicap, 26.1.2 Page 1 unless such action would create a hazardous condition for the individual or others. 2. No employee shall harass another employee. 3. 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. 4. Sexual harassment is prohibited. Sexual harassment is defined as unwelcome sexual 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 refection 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. 5. 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 and discrimination. This responsibility includes: a. Monitoring the work environment on a daily basis for signs that harassment or discrimination may be occurring; b. Counseling all employees on the types of behavior prohibited, and the department's procedures for reporting and resolving complaints of harassment and discrimination; c. Stopping any observed acts that may be considered harassment or discrimination, 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 26.1.2 Page 2 where there has been a complaint of harassment or discrimination, 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 be 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 or discrimination 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 or discrimination. C. Complaint Procedures 1. Any employee encountering harassment or discrimination is encouraged to inform the person that his or her actions are unwelcome and offensive. The employee is encouraged to document all incidents of this nature in order to provide the fullest basis for investigation. 2. Any employee who believes that he or she is being harassed or discriminated against shall report the incident(s) as soon as possible to an immediate supervisor so that steps may be taken to protect the employee, 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, the Chief of Police or the Human Resources Division. 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 alleged act, any witnesses to the incident(s) and the date(s) on which it occurred. b. The department employee taking the complaint shall promptly 26.1.2 Page 3 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. 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. 3. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police or any supervisor within the department. 4. Any employee experiencing retaliation for having brought forth a complaint should report it immediately to his/her supervisor, supervisor's supervisor, the Chief of Police or the Human Resources Division. 26.1.2 Page 4 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date November 3, 2009 Number 1.3.1 Subject USE OF FORCE Reference 1.3.4,41.3.5 Special Instructions Distribution All Personnel Reevaluation Date 1 -Year No.Pages -9- I. PURPOSE The purpose of this directive is to state the Fayetteville Police Department policy regarding the use of force, including deadly force, less lethal force and defensive tactics. II. DISCUSSION The value of human life is immeasurable in our society. Police officers have been delegated the 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. III. DEFINITION "Deadly Force", as used in this policy is defined as that force which may cause death or grave injury or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or grave injury. "Physical force", as used in this policy, is defined as any bodily impact, restraint, confinement or the threat thereof. "Reasonable belief", as used in this policy, is defined as the facts or circumstances the officer knows, or should know, are such (1.3.1) Page 1 as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. "Serious physical injury", as used in this policy, is defined as 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. IV. POLICY It shall be the policy of the Fayetteville Police Department that its officers shall not use more force in any situation than is reasonably necessary under the circumstances.[Calea 1.3.1] A. Use of Deadly Force 1. An officer may use deadly force to protect him or others if he has reasonable belief of immediate threat of death or serious physical injury. [Calea 1.3.2] 2. The use of deadly force should be prohibited in the apprehension of misdemeanants, since the value of human life far outweighs the gravity of a misdemeanor offense. 3. Deadly force shall never be used on mere suspicion 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, t he other limitations are based on sound public policy. To risk t he life of innocent persons for the purpose of apprehending a felon cannot be justified. 5. Officers shall not discharge a firearm at or from a moving vehicle except as the ultimate measure of self-defense or defense o f another person. 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 (1.3.1) Page 2 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 o f 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. 8. 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, o fficers whose use of force results in death or serious physical injury shall be relieved from line -duty assignment pending administrative review.[Calea 1.3.8] 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 requires its relief from further suffering. A seriously wounded or injured animal may be destroyed upon approval from a supervisor. 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 . Use of Physical Force and Less -lethal Weapons All Police Officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less -lethal weapons. Officers will be issued copies of 1.3.1 and will be instructed in this policy.[Calea 1.3.12] Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in accordance with the guidelines set forth in section 1.3.4. (1.3.1) Page 3 All departmentally approved less lethal devices are deployed as additional police tools and are not intended to replace firearms or self-defense techniques. Officers choosing to use these devices should not compromise their safety. Further reference may be made to section 1.3.4 regarding Less Lethal Weapons and Defensive Tactics. C. 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. [Calea 1.3.12] Officers will receive in-service training on the department's use of force policy on an annual basis. [Calea 1.3. 11J 2. Proficiency in Use of Agency -authorized Firearms: Qualification with the issued service weapon is an essential job function of a police officer with the City of Fayetteville. Failure to qualify may result in the imposition of discipline, up to and including termination of employment. Additionally, failure to qualify with any other department -approved weapon would prohibit that person from being allowed to carry that particular weapon. [Calea 1.3.10] A certified weapons instructor shall conduct training and qualification. [Calea 1.3.11 a.] a. Officers shall qualify with the issued service weapon four times each year, at least one of which will meet the Arkansas Law. Enforcement Standards and Training (ALETA) Standard Qualification Course of Fire for one target. [Calea 1.3.11] b. On all other qualification relays, Officers shall qualify with a score equal to or better than the established standard set by the Chief of Police in consultation with the Firearms Instructors. c. Officers certified on the department -approved shotgun or rifle shall qualify annually. d. All firearms training and qualifications scores, including remedial training if necessary, will be documented and maintained by the firearms division until an officer separates from the department. [Calea 1.3.11 b.] (1.3.1) Page 4 (1) An officer who fails to qualify with his/her issued service weapon after two consecutive attempts shall be referred for immediate remedial training by a certified firearms instructor. (2) The firearms instructor providing the remedial training shall notify the officer's immediate supervisor and Chief of Police in the event the officer is still unable to qualify at the conclusion of the extra training session. Upon such notification, the supervisor shall immediately relieve the unqualified officer of the issued service weapon and patrol duty, with pay. The unqualified officer will be directed to report to the training division the next working day for additional remedial training. The officer's authority to carry a firearm shall remain revoked until such time as the officer qualifies or that the determination is made that the officer is not responding to further training. [Calea 1.3.11.c] (3) Any officer who fails to qualify and receives remedial training more than twice during a calendar year shall be subject to disciplinary action. If an unqualified officer does not respond satisfactorily to remedial training and remains unqualified, the Chief of Police shall be notified in writing. At such time, the officer will be referred for termination. d. Officers shall attain and demonstrate knowledge of the laws concerning the use of firearms and be familiar with recognized safe -handling procedures for the use of these weapons. e. Any officer returning to duty after an absence exceeding three months shall report to the training division for remedial training and requalification prior to being permitted to return to full duty. 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 oolicv. Officers are not justified in using a firearm shot and shall never use warning shots for any shots endanger the lives of innocent bystanders a suspect to return fire. [Calea 1.3.3] Possession to fire a purpose. and may also It shall be the policy of the Fayetteville Police Department permit full-time sworn members of the department to possess carry a concealed weapon while off -duty within the corporate limits of Fayetteville. Officers of the Fayetteville Police Department should also be aware that Federal Law known as the Law Enforcement Officers Safety Act of 2004 provides certified law enforcement officers with the right to carry a concealed firearm in any jurisdiction in the United States. 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 off - duty are authorized to carry their issued weapon. 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 in plain clothes wearing their firearms exposed to the public view shall display their department badge near the firearm in a manner that is clearly visible to the public unless special circumstances exist. (3) Officers who choose to carry a weapon other than one issued by the police department, shall qualify to demonstrate proficiency in the use of that weapon on an annual basis at their own expense. 6. Department -issued Weapons and Ammunition: Reference may be made to Fayetteville Police Department Policy 41.3.5 for department -issued weapons and ammunition. A. All department -issued firearms will be inspected on an annual basis by a certified armorer and must be approved by the armorer before being issued and/or carried.[Calea 1.3.9 c.,d.,e.] (1) The firearms division will maintain weapons inspections reports. (2) Weapons deemed irreparable will be removed from service with a report indicating such status. (3) The firearms division will maintain a record on all weapons in service to include inspection date(s) and maintenance. B. 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 (1.3.1) Page 6 dismissed if a preponderance of evidence establishes 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. (4) Officers may choose to leave their issued weapons in their locked lockers at the department. If officers choose to remove their issued weapon from the department while off duty, it is recommended they be stored in a locked box, separate from the ammunition.[Calea 1.3.9 f.] 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 officer shall comply 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. 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.[Calea 1.3.6] 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) Medical aid, to the extent possible, should be given to anyone injured.[Calea 1.3.5] (2) The shift supervisor is to be notified immediately. (3) The shift supervisor will notify the Chief of Police immediately. (4) A shooting team, the members of which will be designated by the Chief of Police, will be called to the scene immediately. (5) 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 (1.3.1) Page 7 relevant facts and circumstances surrounding the incident and a conclusion as to whether the discharge violates departmental policy. (6) This shooting team will be functioning with the full authority of the Chief of Police. This team will be in complete control of the internal investigation. All officers including shift supervisors shall give this team their full cooperation. No one shall interfere with such an investigation. (7) 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. D. Use of Force Reports The purpose of this section is to establish specific guidelines that define the situations when the Use of Force Report must be completed. Not every touching by an officer requires a report; circumstances that require a report are outlined elsewhere in this order.[Calea 1.3.6] All commissioned Police Officers of the Fayetteville Police Department are directed to complete the "Use of Force" report when the following criteria is met and turn it in to his supervisor before the end of his shift. 1. Situations that require Supervisor notification and completion of the Use of Force Report:[Calea 1.3.6] a. An officer exercising police authority uses force which causes any visible or apparent physical injury, or which results in the subject saying that he or she was injured. b. An officer exercising police authority uses any object, including, but not limited to, a baton, flashlight, hand, fist, or foot to strike a blow to a subject. c. An officer exercising police authority bodily removes or drags a struggling subject from one place to another, or forcibly places or keeps a person in a prone position. d. An officer exercising police authority uses force during or after which a subject loses consciousness. e. An officer uses any aerosol irritant or inflammatory agent (see 1.3.4). 1.3.1) Page 8 f. An officer uses a Conducted Energy Weapon (see 1.3.4). g. An officer discharges his or her firearm; regardless of duty status and regardless of whether the discharge was accidental or intentional. (Exceptions: lawful hunting activity, range activity, and other lawful and safe target practice). h. An officer points a gun at anyone. 2. Use of Force Reports will be submitted by the division supervisor to the department's administration:[Calea 1.3.6] a. Each Use of Force Report will be reviewed by the division's respective captain and by the Chief's designated head of Office of Professional Standards (OPS).[Calea 1.3.7] b. The designated head of OPS will conduct an annual review and analysis of all Use of Force Reports and report the analysis to the Chief.[Calea 1.3.13] (General Order # 14) page 9 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number November 3, 2009 26.1.1 Subject DISCIPLINARY MATTERS & AWARD PROCEDURES Reference: Special Instructions See 52.1.1, 1.3.1, 41.1.1, 26.1.2 Distribution Reevaluation Date No.Pages All Personnel 1 -Year -8- `F!16 a z.ia 1 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 Department to follow and abide by the disciplinary policies and procedures in effect and addressed in the rules and regulations of the Civil Service Commission of the City of Fayetteville. An employee whose work becomes unsatisfactory should immediately be notified by his/her supervisor in what way the work is deficient and what must be done if work performance is to be judged satisfactory. [Calea 26.1.5] An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings: Supervisor Counseling - an oral warning from the employee's supervisor. The supervisor must record ,the dates of the discussions with the employee, the performance deficiencies (26.1.1) Page 1 discussed and the corrective actions required. [Calea 26.1.5] The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.8] Written Record of an Oral Reprimand - an oral warning with a follow-up letter to the employee that sets forth the points covered in their discussion. The Chief of Police shall have authorized a written record of an oral reprimand. The supervisor shall keep a record of a written record of an oral reprimand. The supervisor should maintain this record for the duration of the employee's performance evaluation period.[Calea 26.1.8] Written Reprimand - 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. A written reprimand shall be placed in the employee's personnel file. [Calea 26.1.8] .An employee who is suspended without pay or dismissed for unsatisfactory performance of duties or violations of policy shall receive a letter from the Department Chief outlining the noted performance deficiencies or policy violations, effective date of suspension or dismissal and a statement of the status of the employee's benefits during the suspension or dismissal. A copy of this letter shall be placed in the employee's personnel record. [Calea 26.1.7] An employee so discharged, reduced in rank, or suspended for three days or more shall have the right, within ten calendar days from the date of such written notice, to request a trial through the Civil Service Commission. Reference should be made to the Civil Service Rules and Regulations. [Calea 26.1.6] The Administrative Captain should maintain the departmental employee administrative file. It should contain any letters of commendation or appreciation, administrative letters and replies, results of any sustained punitive disciplinary action, as well as other pertinent information. Information in this file will be maintained indefinitely. [Calea 26.1.8] It is suggested immediate supervisors maintain an employee performance/counseling file for each person under their supervision. This file might contain oral reprimands during the current evaluation period, letters of job related counseling sessions, copies of correspondence between the employee and supervisor, complementary correspondence, and other similar information regarding the performance of the employee. It is suggested this material be kept in a secured location by the immediate supervisor. This information should be purged after one year and after being noted on the employee's performance evaluation. [Calea 26.1.8] (26.1.1) Page 2 Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted under Civil Service Commission Rules and the Arkansas Code. A. Compliance With Department Directives Supervisors are expected to set a proper example to their subordinates in the matter of due respect and regard for the policies, procedures, and rules in all matters pertaining to proper discipline. 1. The primary function of a supervisor is to maintain the day- to-day activities of police operations. Compliance with department directives is an integral part of those operations. Supervisors are authorized to take action when department directives are not being followed. [Calea 26.1.5] (a) A supervisor may elect to counsel an officer whose performance has been found to be deficient. (b) A supervisor may refer an officer to the training division to correct deficient performance. (c) A supervisor may document deficient performance and refer it to the Chief of Police in the form of an official complaint. (d) In cases of a major infraction of policy or department directive, a supervisor may relieve an officer of patrol duties, with pay, and refer the matter to the Chief of Police. 2. 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. 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. 3. 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) Being under the influence of intoxicants or drugs while on duty. (d) Absence without leave. Absence without leave is defined as any time a department member is scheduled for work and fails to report for duty without first notifying a supervisor prior to the start of the scheduled shift. (26.1.1) Page 3 (e) Incompetence. (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) Dishonesty at any time when representing this department. (k) Lack of Candor under direct questioning, either by any department supervisor or any investigator of the Office of Professional Standards. 4. It shall be the policy of the Fayetteville Police Department that all personnel maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Personnel shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by: (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 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 (26.1.1) Page 4 should be governed by ordinary rules of good behavior observed by law abiding and self-respecting citizens. 1. Any idle, remark(s) or conversation(s), with members of member to discip Policy 26.1.2) indiscreet, rudeness to or remark(s) the opposite linary action. disrespectful or discriminatory citizens or any greeting(s), tending to show undue familiarity sex while on duty shall subject a (See Harassment and Discrimination 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 circumstances. 3. All officers when reporting for duty shall be completely attired in the regulation uniform as prescribed by the Chief of Police. (Refer to 41.1.1 for Grooming Requirements) Failure to do so may subject the member to reprimand or suspension. C. Use of Alcohol & Drugs 1. No employee of the police department shall consume alcoholic 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 any kind, or under sickness caused or produced by the use of such intoxicants. Any officer absenting themselves from scheduled 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. 2. When deemed operationally necessary, officers in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs. D. Abuse of Authority 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. (26.1.1) Page 5 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. 3. 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. 4. It shall be the policy of the Fayetteville Police Department that its officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). F. Use of Force 1. Refer to 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. 2. Officers are required to care for equipment in their possession. Any departmental equipment damaged due to either carelessness or an intentional act on the part of the employee may result in disciplinary action. H. Employee Awards/Commendations [Calea 26.1.2] 1. It shall be the policy of this department to recognize heroic actions, meritorious service and significant achievements under the provisions of this policy. Facilitation of awards will be made through an Awards Committee. The Awards Committee will be comprised of departmental Captains, as permanent members, and departmental employees as appointed by the Chief of Police. Members of the Awards Committee will serve a period of two years. Nominations to the Awards Committee will be received by way of the departmental award application form. The Awards Committee will review all applications and make recommendations to the Chief of Police (26.1.1) Page 6 who has final authority on awards. Awards will be presented at a time designated by the Chief of Police. 2. Classification of Awards A. Chief's Award of Valor: Nominated by the Chief of Police, awarded for an act of extraordinary bravery or heroism by an employee who has demonstrated in great degree the characteristics of selflessness, personal courage and devotion to duty. B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for exceptional performance, which, in the opinion of the supervisor, is deserving of recognition. C. Life Saving Award: Nominated by any employee of the department, awarded for a successful effort in saving a human life which involved exceptional courage or performance. D. Unit Meritorious Performance Award: Nominated by any employee, awarded to any individual or unit (sworn or civilian) who has exhibited exceptional professional skill and conduct during a coordinated action. E. Fayetteville Police Department Commendation: Nominated by any employee, awarded to any employee for an outstanding act or achievement, which brings great credit to the department and involves performance above and beyond that required by the individual's basic assignment. F. Community Service Award: Nominated by any employee, awarded to any employee for involvement both on and off duty in youth activities, work with non-profit organizations, working with the police department on special projects or other activities for the public good. G. Outstanding Citizen Award: Nominated by any employee, awarded to a citizen/member of the community who helps the department in apprehension of criminals or any other significant manner. H. Police Blue Star Award: Nominated by the Awards Committee, awarded to any sworn employee who has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those incidents resulting from attack by an assailant, personal combat or the performance of an act of valor. I. Police Blue Shield Award: Nominated by the Awards Committee, awarded to any sworn employee who, as a result of accidental cause, has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those cases resulting from an accident. (26.1.1) Page 7 J. Letters of Commendation: A letter of commendation may be written by the Chief of Police to any employee for job performance that might not meet the criteria for the above listed awards, but merits recognition nonetheless. Any person may recommend an employee of this department receive a letter of commendation by submitting a memorandum to the Chief of Police. A letter of commendation may be given: 1) To commend an employee for completing a job task in an exemplary manner. 2) To commend an employee for submitting a recommendation which directly contributes to increased department productivity or efficiency. 3) For any other reason deemed appropriate by the Chief of Police. (26.1.1) Page 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date November 3, 2009 Subject EMERGENCY RESPONSE TEAM Reference Distribution All Personnel 0'10x4:0 Number 46.2.1 Special Instructions Reevaluation Date 1 Year No. Pages -7- To establish policies relating to the organization, administration and operation of the Emergency Response Team (E.R.T.). The primary responsibility of the E.R.T. will be the resolution of difficult police situations through the use of special skills and tactics. II. POLICY A. ORGANIZATION AND ADMINISTRATION The number of E.R.T. members will be decided by the Chief of Police. The Chief of Police shall appoint the following: 1. A unit commander (Sergeant or Lieutenant) and; 2. A team leader(s); 3. All team members. The remaining team assignments will be made within the team with the approval of the Chief of Police. The E.R.T. will be under the supervision of a Captain as designated by the Chief of Police. The Fayetteville Police Department will supply its Emergency Response Team members with the equipment deemed necessary to complete the training and assignments of the team. [Calea 46.2.3] (46.2.1) Page 1 B. PERSONNEL SELECTION Recognizing the nature of Emergency Response Team operations requires disciplined, physically fit, experienced, calm, capable and well trained professionals, team selection will be conducted through a fair, non-discriminatory process that measures the factors deemed to be important to the performance of the team. [Calea 46.2.2] When opening(s) on the Emergency Response Team occur, tests/tryouts will be conducted to determine, from among the eligible applicants, who will be appointed to the team. 1. Applicant requirements: An applicant for the Emergency Response Team must meet the following criteria: a. b. Be a Have full time, sworn member of the department at least 12 months of uniform field experience c. Be recommended for the Emergency Response Team by a supervisor d. Past disciplinary actions will be taken into consideration. 2. Applicant Testing: The selection process will consist of the following: a. Physical Conditioning Test: Each applicant must successfully pass a conditioning test consisting of the Fayetteville Police Department physical fitness standards for the Emergency Response Team. This standard is set at 20% above required departmental standards plus seven (7) pull-ups. b. Firearms Test: Each applicant must successfully pass the Arkansas Law Enforcement Standards and Training (ALETA) Standard Qualification Course of Fire for one target. Marksmanship standards for handgun qualification set for the team is 90%. In addition, the applicants will be put through a minimum of one (1) combat -style shoot course administered by a certified firearms instructor. c. Written recommendation: Each applicant must receive a written letter of recommendation from his supervisor. This letter will be forwarded to the Chief of Police. d. Oral Interview: Each applicant will be asked to participate in an oral interview in which a series of pre -developed questions will be asked. The Chief of Police or his designee will assign the interview panel. e.The Emergency Response Team utilizes alternate team members to cover shortages or loss due to attrition. Alternate team (46.2.1) Page 2 members undergo the same applicant and testing process as listed above. The Chief of Police chooses alternates. Alternates train with the ERT during scheduled training periods but are not subject to call out unless specifically needed. In addition, alternate team members should be given specialized training outside regularly scheduled ERT training. Once testing is completed, the interview panel will compile the results with a recommendation to the Chief of Police. Applicants will be appointed to the E.R.T. at the discretion of the Chief of Police. 3. Removal from Team: Once selected for an opening on the E.R.T., an applicant is placed on probationary status for a period of one (1) year. All E.R.T. members must maintain their level of individual and team skills. Failure to maintain skill levels and/or stay physically fit is grounds for removal from the team. The Chief of Police, upon the consensus of the team leadership, may remove any member in the best interests of the team. a. Failure to maintain minimum physical fitness and/or skill levels will be dealt with by immediate remedial instruction and re -testing. Failure to reach minimum levels during re- testing will result in the team member being placed in a non - deployable status for a period of thirty (30) days, during which the team member will be required to bring skill levels back up to minimum. Failure to do so will result in removal from the team. b. If skill level or physical fitness failure is due to the existence of a valid injury, the team member will begin a rehabilitative process and excused from ERT duties. Once released from medical care, the team member shall pass the skill level or physical fitness test. A team member may request to be voluntarily withdrawn from assignment to the E.R.T. at any time. The team member must submit a letter of resignation to the Chief of Police, who may grant or deny the request after a review of the circumstances. (46.2.1) Page 3 C. DUTIES AND RESPONSIBILITIES 1. TEAM COMMANDER The team commander is directly responsible for the following areas: a. Direct supervision of the team members; b. Training; c. Maintaining an inventory of all team equipment, which includes assignment to individual team members or storage location [Calea 46.2.3]; d. Maintaining training and call -out files for the team [Calea 33.6.2]; e. Reporting all training and equipment needs to the designated Captain supervising the Emergency Response Team. 2. TEAM LEADER In the absence of the Team Commander, the team leader assumes responsibility for the Team Commander's duties. 3. TEAM MEMBERS Team members are required to comply with the following: a. Maintain minimum physical fitness conditioning requirements as established by the Chief of Police; b. Maintain familiarity with all equipment used by the E.R.T.; c. Maintain minimum marksmanship standards set for the team. d. Must be available for call -outs by having their paging device with them at all times; (* Exception - When members are sick or on scheduled leave) e. The timely response and completion of all tasks, as well as, demonstration of high standards of performance; f. Attend all scheduled training operations unless excused by the Team Commander or Team Leader prior to the assigned training date. g. Maintain all assigned equipment in good condition; (46.2.1) Page 4 h. Wear approved and appropriate E.R.T. attire on all call -outs and training days; i. Use departmentally issued or authorized E.R.T. equipment; j. Familiarization with basic first aid. (A first aid kit will be maintained and kept with the team during call -outs and training exercises). D. TRAINING 1. The Emergency Response Team shall train at least one day per month as set forth by the team commander and team leader. 2. The counter sniper/observer team shall have a training day of at least one day per month aside from the team -training day. 3. The team leadership will delineate the individual, squad and team level skills required for the team to successfully conduct operations. Those skills will create the basis for specific training exercises of the E.R.T. Training exercises will be created by the team leadership. Joint training exercises between the Emergency Operations Team and the Crisis Negotiation Team should be conducted periodically. Any training exercise shall be documented to include the type of training, date, attendance and scores, if applicable. [Calea 33.6.2] 4. Due to the required physical fitness standards for E.R.T. members, they are allotted two (2) hours per week while on duty for physical fitness training. It is the responsibility of the team members to schedule their physical fitness training time with their immediate supervisor. Fitness training hours must be used during the current work period and cannot be carried over to the next work period. The fitness training hours must be used during the scheduled workday. No overtime or compensatory time can be accrued as a result of the use of the fitness training hours. E. CHEMICAL AGENTS/DISTRACTION DEVICES Chemical agents and distraction devices require proper training for effective use and shall be used only upon authorization of the team leader or team commander by personnel trained in their use. F. CALL -OUT NOTIFICATION/DEPLOYMENT 1. In the event of an incident in which the Emergency Response Team might be activated, initial responding patrol officers have an integral role of support. [Calea 46.2.1] (46.2.1) Page 5 a. Patrol officers should contain/secure the scene of an event to the extent possible. b. Officers should locate and interview witnesses if possible. c. Officers should attempt to secure information as to the lay out of the scene of the incident. d. Officers should relay any intelligence information regarding the incident to be forwarded to the E.R.T. team leadership. 2. Any Fayetteville Police Department supervisor may request assistance from the E.R.T. However, a Fayetteville Police Department Captain or personnel of higher rank must authorize all Emergency Response Team call -outs. 3. 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. 4. In the event of situation requiring immediate activation of the E.R.T., team members can be activated by using the "all -page" function of the pagers. 5. Emergency Response Team members are not to be used in their capacity as tactical officers while on normal patrol duty except under the direct supervision of the team commander or team leader. 6. In the event a team member has consumed any alcoholic beverage or taken prescribed medication it shall be the responsibility of that member to notify either the Team Commander or the Team Leader of their incapacitation. Team members shall not be under the influence of intoxicants or drugs while on duty. G. PRE -RAID BRIEFING 1. Team members will assemble in a pre -determined location for a briefing of the assignment in question. A member of Central Dispatch and a patrol shift supervisor will be included in the briefing. [Calea 46.2.1] 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. (46.2.1) Page 6 c. A team member(s) will be assigned the task of completing a pre -raid form, a post -raid diagram of the target location and a post -raid report regarding the E.R.T.'s activities. d. Other emergency operation teams, i.e. Emergency Medical Services (E.M.S.) or Crisis Negotiation Team (C.N.T.), will be put on stand-by in a location near the target location immediately prior to the mission, when possible. [Calea 46.2.1] (46.2.1) Page 7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject USE OF FORCE Reference 1.3.4,41.3.15 Distribution All Personnel I. PURPOSE Effective Date I Number 1.3.1 Special Instructions Reevaluation Date No.Pages 1 -Year -9- The purpose of this directive is to state the Fayetteville Police Department policy regarding the use of force, including deadly force, less lethal force and defensive tactics. II. DISCUSSION The value of human life is immeasurable in our society. Police officers have been delegated the 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. III. DEFINITION "Deadly Force", as used in this policy is defined as that force which may cause death or grave injury or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or grave injury. "Physical force", as used in this policy, is defined as any bodily impact, restraint, confinement or the threat thereof. "Reasonable belief", as used in this policy, is defined as the facts or circumstances the officer knows, or should know, are such (1.3.1) Page 1 DRAFT Comment References are new, they refer to the "Less than Lethal" policy (1.3.4) and Uniforms/Equipment (41.3.5) as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. "Serious physical injury", as used in this policy, is defined as 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 iorgar It shall be the policy of the Fayetteville Police Department that its officers shall not use more force in any situation than is reasonably necessary under the circumstances. [Calea 1.3.I1L A. Use of Deadly Force 1. An officer may use deadly force to protect him or others if he has reasonable belief of immediate threat of death or serious physical injury. [Calea 1.3.2] 2. The use of deadly force should Abe .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-defense or defense of another person. 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 (1.3.1) Page 2 comment: Definitions have been moved from another portion of old policy Comment CALEA standard requires a policy statement on Use of Force Comment: "flatly" omitted to innocent bystanders, the officer should shoot at "center body mass." ®RAF 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. 8. 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 or serious physical injury shall be relieved from line -duty assignment pending administrative review.[Calea 1.3.8] 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 requires its relief from further suffering. A seriously wounded or injured animal may be destroyed upon approval from asupervisor[._ _ _ _ _ comment language omitted regarding assistance from other agencies 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. Use of Physical Force and Less -lethal Weapons All commissioned Police Officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less - lethal weapons. Officers will be issued copies of 1.3.1 and will be instructed in this policy.[Calea 1.3.12] Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when (1.3.1) Page 3 warranted, but only in accordance with the guidelines set forth DRAFT here. All departmentally approved less lethal devices are deployed as additional police tools and are not intended to replace firearms or self-defense techniques. Officers choosing to use these devices should not compromise their safety. Further reference may be made to section 1.3.4 regarding Less Lethal Weapons and Defensive jTactic5. Comment language taken from �_________., .__ _.._____ _ _. - P zevious document and added C. 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. [Calea 1.3.12] Officers will receive in-service training on the department's use of force policy on an annual basis. [Calea 1.3.111 2. Proficiency in Use of Agency -authorized Firearms: Qualification with the issued service weapon is an essential job function of a police officer with the City of Fayetteville. Failure to qualify may result in the imposition of discipline, up to and including termination of employment. Additionally, failure to qualify with any other department -approved weapon would prohibit that person from being allowed to carry that particular jweapozi _ . -[comment language added [Calea 1.3.10] A certified weapons instructor shall conduct training and qualification. [Calea 1.3.11 a.) a. Officers shall qualify with the issued service weapon four times each year, at least one of which will meet the Arkansas Law Enforcement Standards and Training (ALETA) Standard Qualification Course of Fire for one target. [Calea 1.3.11] b. On all other qualification relays, Officers shall qualify with a score equal to or better than the established standard set by the Chief of Police in consultation with the Firearms Instructors. c. Officers certified on the department -approved shotgun or rifle shall qualify annually. d. All firearms training and qualifications scores, including remedial training if necessary, will be documented and maintained (1.3.1) Page 4 by the firearms division until an officer separates from the department.[Calea 1.3.11 b.] (1) An officer who fails to qualify with his/her issued service weapon after two consecutive attempts shall be referred for immediate remedial training by a certified firearms instructor. (2) The firearms instructor providing the remedial training shall notify the officer's immediate supervisor and Chief of Police in the event the officer is still unable to qualify at the conclusion of the extra training session. Upon such notification, the supervisor shall immediately relieve the unqualified officer of the issued service weapon and patrol duty, with pay. The unqualified officer will be directed to report to the training division the next working day for additional remedial training. The officer's authority to carry a firearm shall remain revoked until such time as the officer qualifies or that the determination is made that the officer is not responding to further training. [Calea 1.3.1l.c] (3) Any officer who fails to qualify and receives remedial training more than twice during a calendar year shall be subject to disciplinary action. If an unqualified officer does not respond satisfactorily to remedial training and remains unqualified, the Chief of Police shall be notified in writing. At such time, the officer will be referred for termination]_- -- d. Officers shall attain and demonstrate knowledge of the laws concerning the use of firearms and be familiar with recognized safe -handling procedures for the use of these weapons. e. Any officer returning to duty after an absence exceeding three months shall report to the training division for remedial training and requalification prior to being permitted to return to full duty. 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.[Calea 1.3.3) 5. Off -Duty Possession of Weapons: (1.3.1) Page 5 DRAFT Comment: language added to reflect current practice and Cater+ standards 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. Officers of the Fayetteville Police Department should also be aware that Federal Law known as the Law Enforcement Officers Safety Act of 2004 provides certified law enforcement officers with the right to carry a concealed firearm in any jurisdiction in the United ;States;._ _ _ _ _ _ _ _ _ CAmmmt. language added 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 off - duty are authorized to carry their issued weapon. 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 in plain clothes wearing their firearms exposed to the public view shall display their department badge near the firearm in a manner that is clearly visible to the public unless special circumstances exist. (3) Officers who choose to carry a weapon other than one issued by the police department, shall qualify to demonstrate proficiency in the use of that weapon on an annual basis at their own expense. 6. Department -issued Weapons and Ammunition: Reference may be made to Fayetteville Police Department Policy 41.3.5 for department -issued weapons and ammunition. A. All department -issued firearms will be inspected on an annual basis by a certified armorer and must be approved by the armorer before being issued and/or carried.[Calea 1.3.9 c.,d.,e.] (1) The firearms division will maintain weapons inspections reports. (2) Weapons deemed irreparable will be removed from service with a report indicating such status. (3) The firearms division will maintain a record on all weapons in service to include inspection date(s) and maintenance!._ B. Officer Responsibility for Department -issued Firearm. (1.3.1) Page 6 Comment language added to reflect current practice and CALEA standards (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 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. (4) Officers may choose to leave their issued weapons in their locked lockers at the department. If officers choose to remove their issued weapon from the department while off duty, it is recommended they be stored in a locked box, separate from the ammunition. [Calea 1.3.9 f.]J Comment language added DRAFT 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 officer shall comply 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. 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.[Calea 1.3.6] 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) Medical aid, to the extent possible, should be given to anyone injured. (Calea 1.3.5]1 _ _ _ _ _ - Comment language added (2) The shift supervisor is to be notified immediately. (3) The shift supervisor will notify the Chief of Police immediately. (4) A shooting team, the members of which will be designated by the Chief of Police, will be called to the scene immediately. (1.3.1) Page 7 (5) 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. (6) This shooting team will be functioning with the full authority of the Chief of Police. This team will be in complete control of the [internal investigation. All officers including shift supervisors shall give this team their full cooperation. No one shall interfere with such an investigation. (7) 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. D. Use of Force Reports The purpose of this section is to establish specific guidelines that define the situations when the Use of Force Report must be completed. Not every touching by an officer requires a report; circumstances that require a report are outlined elsewhere in this order.[Calea 1.3.6] All commissioned Police Officers of the Fayetteville Police Department are directed to complete the "Use of Force" report when the following criteria is met and turn it in to his supervisor before the end of his shift. 1. Situations that require Supervisor notification and completion of the Use of Force Report:[Calea 1.3.6] a. An officer exercising police authority uses force which causes any visible or apparent physical injury, or which results in the subject saying that he or she was injured. b. An officer exercising police authority uses any object, including, but not limited to, a baton, flashlight, hand, fist, or foot to strike a blow to a subject. c. An officer exercising police authority bodily removes or drags a struggling subject from one place to another, or forcibly places or keeps a person in a prone position. d. An officer exercising police authority uses force during or after which a subject loses consciousness. (1.3.1) Page 8 Comment language changed from "entire" to "internal" e. An officer uses any aerosol irritant or inflammatory agent (see 1.3.4). f. An officer uses a Conducted Energy Weapon (see 1.3.4). g. An officer discharges his or her firearm; regardless of duty status and regardless of whether the discharge was accidental or intentional. (Exceptions: lawful hunting activity, range activity, and other lawful and safe target practice). h. An officer points a gun at anyone. 2. Use of Force Reports will be submitted by the division supervisor to the department's administration:[Calea 1.3.6] a. Each Use of Force Report will be reviewed by the division's respective captain and by the Chief's designated head of Office of Professional Standards (OPS).[Calea 1.3.7] O AFT b. The designated head of OP S will conduct an annual review and analysis of all Use of Force Reports and report the analysis to the Chief. [ Calea 1.3.j13'] _ _ - Cammenn language from Use of Force Reports general order streamlined into this policy (1.3.1) Page 9 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subject Less -Lethal Weapons/Defensive ;Tactics Reference 1.3.1 Number 1.3.4 Special Instructions Distribution Reevaluation Date No.Pages All Personnel 1 -Year -13- I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less -lethal weapons and defensive tactics.[Calea 1.3.4] II. DISCUSSION All Police Officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less -lethal weapons. Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. III. POLICY It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in accordance with the guidelines set forth here A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers should generally use the level of force that can reasonably be expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels (1.3.4) Page 1 Commeit This policy draft streamlined the old "Non Lethal Defensive Tactics" policy with general orders regarding the use of pepper spray and tasers. Comment: Language is a combination of text from the above referenced documents, now streamlined into one. of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances. The Force Continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: a. Officer Presence The professional appearance and uniform of a police officer. b. Verbal Direction The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Pepper Aerosol Restraint Spray/Conducted Energy Weapon The CC aerosol spray and Conducted Energy Weapon provides officers with additional use -of -force options against aggressive animals or for gaining compliance of resistant or aggressive individuals during arrest, detention and other enforcement situations that occur in the line of duty. d. Empty Hand Soft empty hand techniques are designed to control Passive or Defensive Resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Pressure Point Control Tactics (PPCT) is the department approved defensive tactics system. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. Hard Empty Hand Control techniques are designed to control Active Aggression, but can be used to control Defensive Resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. e. 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. The department issued intermediate weapon, or impact weapon, is the expandable baton. Officers have discretion to use the expandable baton as a defensive tactics tool (1.3.4) Page 2 to counter resistance and assaultive behavior. f. Deadly/lethal force ©1. R AFa� II Force likely to cause death or serious physical injury. �j 2. Levels of Resistance: a. 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. b. Verbal Non -Compliance This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely. c. 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. d. Defensive Resistance The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression. The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. 3. De-escalation of Force: (1.3.4) Page 3 Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an ® �� q. intermediate weapon. IU] Officers, for their own protection, should understand and comply with the force continuum. 4. Training: Officers must be certified in the use of the Conducted Energy Weapon (CEW), Pepper Spray and Pressure Point Control Tactics before authorization to use such defensive tactics. Officers are required to attend refresher training on handgun retention and PPCT Tactics as scheduled by the Training Division. B. Less -lethal Weapons All Police Officers of the Fayetteville Police Department are directed to obtain certification to carry and use less lethal weapons as authorized by the Chief of Police. Less lethal weapons provide officers with additional use -of -force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. It is the policy of this department that officers use less lethal weapons when warranted, but only in accordance with the guidelines of this policy set forth here. Less lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers will receive in-service refresher training on the use of less lethal weapons on an annual basis. A certified weapons or tactics instructor will conduct refresher training. The training division will maintain documentation of refresher training. Remedial training, if necessary, will be given to any officer who is unable to demonstrate knowledge and proficiency of less lethal weapons prior to resuming official duties.[Calea 1.3.11] 1. Police Baton a. Authorization (1) Only certified officers who have successfully completed the PPCT certified Defensive Tactics Course are authorized to carry the police baton. b. Usage Criteria (1.3.4) Page 4 (1) The police baton may be used when empty hand control has failed, or the officer believes that empty hand control will be IYI insufficient to establish control. (2) The use of deadly force is not justified during the normal use of baton; however, during extreme circumstances when a suspect raises his aggression to a deadly force level, officers engaging a suspect with a baton would be permitted to use deadly force. c. Usage Procedures (1) Impact weapon strikes to the nerve motor points in the legs and arms are considered to be at the Intermediate Weapon level on the force continuum. (2) Any impact weapon strikes to the head, throat or clavicle are considered to be deadly force. (3) The two target areas on the arms for blocking points are: (a) The Radial nerve motor point on the outside of the upper forearm. (b) Median nerve motor point on the inside of the forearm. (4) The three target areas for striking on the legs are: (a) The Common Peroneal nerve motor point on the outside of the leg. (b) The Femoral nerve motor point on the inside of the leg. (c) The Tibial nerve motor point on the top of the calf muscle. (5) Strikes should be delivered with maximum power in an effort to eliminate the need for multiple strikes, decrease the need to escalate in levels of control, and shorten the time span of the confrontation. (6) After striking a subject, officers should employ other methods of follow-up control and ensure that the subject receives medical attention. [Calea 1.3.5] 2. Pepper Aerosol Restraint Spray (1.3.4) Page 5 Oleoresin capsicum (OC) spray is the authorized pepper aerosol ® e` FT restraint spray. R A a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device. (2) Uniformed officers whose normal duties/assignments may require them to make arrests or supervise detainees shall be required to carry departmentally authorized OC while on duty. Plain -clothes officers whose normal duties/assignments may require them to make arrests or supervise detainees shall have available departmentally authorized OC spray. (3) Uniformed officers shall carry only departmentally authorized OC canisters. Non -uniformed officers may carry OC in alternative devices authorized by the agency. b. Usage Criteria (1) OC spray is considered a use of force and shall be employed in a manner consistent with this agency's use -of -force policy. OC is a force option following verbal compliance tactics on the use of force continuum. (2) OC may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled his intention to actively resist the officer's efforts to make the arrest. (c) when confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior to using OC against a suspect. (4) An officer may use deadly force to protect himself from the use or threatened use of OC when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) Once a suspect is compliant, the use of OC spray is no longer justified. (1.3.4) Page 6 c. Usage Procedures (1) whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area. (2) An officer should maintain a safe distance from the suspect of between two and ten feet. (3) A single spray burst of one second should be directed at the suspect's eyes, nose, and mouth. (4) Use of OC should be avoided, if possible, under conditions where it may affect innocent bystanders. d. Effects of OC and Officer Response (1) Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought process. (2) The effects of OC spray vary among individuals. Therefore, all suspects shall be handcuffed as soon as possible after being sprayed. Officers should also be prepared to employ other means to control the suspect - to include, if necessary, other force options consistent with agency policy -if he does not respond sufficiently to the spray and cannot otherwise be subdued. (3) Immediately after spraying a suspect, officers shall be alert to any indications that the individual needs medical care. This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness. Upon observing these or other medical problems or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid or transport to a local medical facility.[Calea 1.3.5] (4) Suspects who have been sprayed shall be monitored continuously for the ill effects of the OC spray. It shall be the responsibility of the officer affecting the arrest to either monitor the suspect or alert detention center personnel the suspect has been sprayed. In the event the officer was injured during the arrest, the supervisor will assign another officer to monitor the suspect. (5) Officers shall provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax. (1.3.4) Page 7 DD RAFT (6) Air will normally begin reducing the effects of OC spray D■ \ �� within fifteen minutes of exposure. However, once the suspect has been restrained, officers shall assist him by rinsing and drying the exposed area to the extent possible. (7) Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent. All such incidents shall be reported as soon as possible including the recording of the bystanders name, date of birth, and address to the immediate supervisor. e. Reporting Procedures (1) Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity shall be reported to the officer's immediate supervisor as soon as possible. (2) A written report of an accidental discharge, which does not affect an individual, must be completed and turned into the officer's immediate supervisor before the end of shift when accidental discharge occurred.[Calea 1.3.6] (3) A use -of -force report shall be completed following all discharges of OC spray except during testing, malfunction or accidental discharge and turned into the officer's immediate supervisor before the end of shift in which the spray was used.[Calea 1.3.6] (4) Off -duty officers discharging OC spray are subject to the same reporting requirements as on -duty officers. The immediate supervisor shall be the shift supervisor at the time of the discharge.[Calea 1.3.6] f. Replacement (1) Each officer assigned an OC spray device shall be responsible for maintaining it in an operational and charged state. If an OC device becomes damaged, inoperable, or empty, the assigned officer shall report to their immediate supervisor in writing and request a replacement device. (2) Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister. (3) OC canisters shall be inspected and weighed biannually by shift sergeants and maintain a record of this fact. (1.3.4) Page 8 (4) Unexplained depletion of OC canisters shall require an investigation and written report by the officer's supervisor to the Chief of Police. 3. Conducted Energy Weapon The Conducted Energy Weapon (CEW) will be used at the same level in the use -of -force continuum as Pepper Aerosol Restraint Spray. It will be the officer's discretion as to which device is used. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of the CEW are authorized to carry or use the device. Officers must demonstrate proficiency in the use of the CEW during the prescribed course of instruction. [Calea 1.3.10] Officers must receive in-service training on the CEW and demonstrate proficiency with the CEW on an annual basis after receiving the initial prescribed course of instruction. [Calea 1.3.11] (2) Uniformed officers whose normal duties/assignments may require them to make arrests or supervise detainees shall be required to carry authorized CEW units on their duty belts while on duty. (3) Uniformed officers shall carry only department authorized CEWs in the prescribed manner on their duty belts. Non -uniformed officers may carry the CEW in alternative forms authorized by the agency. b. Usage Criteria (1) At the beginning of each shift, before an officer places the CEW on the duty belt, a function test will be completed on each unit. This will be accomplished by turning the safety to the ON position, checking the battery level on the Central Information Display, verifying the laser sight system is operational, and by performing an arc display for a minimum of one second. On any occasion where malfunctions are found, the unit shall be removed from service and forwarded to a CEW instructor for servicing and troubleshooting. (2) Use of the CEW is considered•a use of force and shall be deployed in a manner consistent with this agency's use -of -force policy. The CEW is a force option following verbal direction on the use -of -force continuum. (1.3.4) Page 9 (3) Whenever practical and reasonable officers should issue a verbal warning prior to using the CEW against a suspect. The CEW will not be used in a punitive or coercive manner. Officers should consider the suspect's age and physical ability to resist arrest in making the decision to use the CEW. y� (4) An officer may use deadly force to protect himself or others DR A F T from the use or threatened use of a CEW when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) The CEW is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The CEW is another tool in the use -of -force continuum to assist in preventing injury to officers and others. (6) Once a suspect is compliant the use of the CEW is no longer justified. c. Usage Procedures (1) The CEW operates much like a handgun. It is equipped with standard sights and a laser sight system. The laser dot will be the point of impact for the top probe. The CEW fires probes in line with an eight -degree probe spread. The CEW must be held level on vertical targets. The exception to this rule is on an angled or prone target where the CEW should be tilted to allow the probes to strike the target properly. An example of this would be if the target were lying on the ground or behind some type of barrier. The CEW should be aimed at center mass or the legs. Do not aim at the head or throat of an individual. The CEW may also be applied as a Drive Stun as a distracting or breaking maneuver to gain control and effect compliance of a suspect. In addition, the CEW may be applied as a Drive Stun after the probes have been deployed or a non -deployed cartridge has been removed. (2) Officers should maintain a safe distance from the suspect. The optimum shot range is seven to fifteen feet. If the suspect is running, the officer must keep pace with the suspect to prevent the CEW wires from breaking. (3) When the CEW is deployed it should complete the full five - second cycle without interruption. Typically the initial deployment changes the behavior of the suspect. After the CEW is deployed, the officer should assess and evaluate the suspect while giving verbal commands. If the suspect continues to be non -compliant, additional applications may be given. The suspect should be handcuffed as soon as practical while disabled by the CEW to minimize the number of deployment cycles. (1.3.4) Page 10 (4) The CEW is prohibited from being used: (a) In a punitive or coercive manner. (b) On a handcuffed or secured prisoner absent assaultive behavior that cannot be reasonably dealt with. (c) On any suspect who does not demonstrate his or her overt DRAFT intention to use violence or force against the officer or another person(s). (d) In an environment where an officer knows that a potentially flammable, volatile or explosive material is present, including but not limited to OC spray with volatile propellant, gasoline, natural gas, propane or a clandestine laboratory. (e) In any environment where the subject's fall could reasonably result in death or serious injury (e.g. on an elevated structure or in a location with sharp objects). (f) On the operator of a moving vehicle. (5) As soon after deployment as possible, CDC should be notified that the CEW has been deployed. (6) Deployed cartridges must be submitted to evidence and handled with caution as explained and instructed in the CEW users course. Deployed cartridges are considered to be a biohazard and must be handled with extreme caution. (7) CEWs equipped with cameras will automatically record a video recording each time the CEW is activated in the field: (a) After a CEW is deployed, officers are required to provide the CEW to a patrol supervisor in order to preserve the video. (b) Patrol supervisors, provided with the required passwords, are to create a folder within the network drive and upload the CEW camera video in a space designated by the IT Manager. After the upload, supervisors are restricted by the IT Manager from any actions other than viewing the video. d. Effects of the CEW (1) The CEW is a Conducted Energy Weapon that uses propelled wires to conduct energy that affects the sensory and motor functions of the central nervous system resulting in incapacitation and do not rely on pain compliance. The CEW creates Electro-Muscular Disruption and causes the contraction of the muscles and overrides the central nervous system. (1.3.4) Page 11 (2) After deployment the suspect may fall immediately to the ground, which is the greatest risk of injury to the suspect. (3) The CEW will cause slight signature marks that resemble surface burns, appear red or may blister. (4) The CEW does not damage nerve tissue, does not cause serious burns and does not cause electrocution in a wet environment. e. Reporting Procedures (1) Every deployment of the CEW will require the officer to complete a use of force report. The only exception to this will be during training classes (and/or inspections). A supplemental page for the CEW must be attached to the use of force report. This page will be for documenting the location on a person's body where the CEW probes made contact.[Calea 1.3.6] (2) The use of force report must indicate if multiple deployments occurred and the justification for multiple deployments.[Calea 1.3.6] (3) If an officer performs an "Arc Display" to gain control of a suspect or crowd, a use of force form must be completed explaining the reason for the display. (4) If an accidental discharge occurs a use of force report must be completed explaining the circumstances of the discharge. (5) A photograph of the individual and the area or areas where probes penetrated the skin of the individual must be taken of each person on whom a CEW is used. The photos will be submitted to evidence with the used air cartridge and probes. (6) The CEW has a built in microprocessor that records the date, time, duration of cycle and the battery status of each pull of the trigger for the last 2000 trigger pulls. The supervisor in charge of CEW procedures shall maintain a data download logbook on each CEW. The logbook shall be maintained for quality control purposes. f. Probe Removal [Calea 1.3.5] (1) CEW probes should be removed from an individual as soon as possible after the person has been handcuffed or properly restrained. (2) As soon as possible after the CEW has been deployed on an individual, dispatch will be contacted and request medical services personnel to respond to the scene for probe removal. (1.3.4) Page 12 DRA [Calea 1.3.5] (3) If any of the probes are located in the head, neck, breast(females only) or the groin area of an individual and medical services personnel is not able to remove the probes; the individual will be transported to WRMC for probe removal. (4) After the probes have been removed, the probes and spent cartridge will be turned over to the officer who deployed the cartridge for submission to evidence. (1.3.4) Page 13 DRAFT Comment This section is the combination of the separate general orders on the usage of pepper spray, Laser and old policy regarding the police baton. FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date (Number 26.1.1 Subject DISCIPLINARY MATTERS & AWARD PROCEDURES Reference: Special Instructions See 52.1.1, 1.3.1, 41.1.1, 26.1.2 Distribution Reevaluation Date No.Pages All Personnel 1 -Year -8- 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 Department to follow and abide by the disciplinary policies and procedures in effect and addressed in the rules and regulations of the Civil. Service Commission of the City of Fayetteville. An employee whose work becomes unsatisfactory should immediately be notified by his/her supervisor in what way the work is deficient and what must be done if work performance is to be judged satisfactory. [Calea 26.1.51 An employee who is suspended or dismissed for unsatisfactory performance of duties should normally have received three warnings: Supervisor Counseling - an oral warning from the employee's supervisor. The supervisor must record the dates of the discussions with the employee, the performance deficiencies discussed and the corrective actions required. [Calea 26.1.5] (26.1.1) Page 1 :The supervisor should maintain this record for the duration of the employee's performance evaluation period. [Calea 26.1.8] Written Record of an Oral Reprimand - an oral warning with a follow-up letter to the employee that sets forth the points covered in their discussion. The Chief of Police shall have authorized a written record of an oral reprimand. The supervisor shall keep a record of a written record of an oral D .� reprimand. The supervisor should maintain this record for the duration of the employee's performance evaluation period. [Calea 26.1.8] Written Reprimand - 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. A written reprimand shall be placed in the employee's personnel file. [Calea 26.1 .BI]_ Co Tent: Language amended to reflect long standing practices within the An employee who is suspended without pay or dismissed for tdepartment unsatisfactory performance of duties or violations of policy shall receive a letter from the Department Chief outlining the noted performance deficiencies or policy violations, effective date of suspension or dismissal and a statement of the status of the employee's benefits during the suspension or dismissal. A copy of this letter shall be placed in the employee's personnel record. [Calea 26.1.7] An employee so discharged, reduced in rank, or suspended for three days or more shall have the right, within ten calendar days from the date of such written notice, to request a trial through the Civil Service Commission. Reference should be made to the Civil Service Rules and Regulations. [Calea 26.1.6] The Administrative Captain should maintain the departmental employee administrative file. It should contain any letters of commendation or appreciation, administrative letters and replies, results of any sustained punitive disciplinary action, as well as other pertinent information. Information in this file will be maintained indefinitely. [Calea 26.1.8] It is suggested immediate supervisors maintain an employee performance/counseling file for each person under their supervision. This file might contain oral reprimands during the current evaluation period, letters of job related counseling sessions, copies of correspondence between the employee and supervisor, complementary correspondence, and other similar information regarding the performance of the employee. It is suggested this material be kept in a secured location by the immediate supervisor. This information should be purged after one year and after being noted on the employee's performance evaluation. [Calea 26.1.8] (26.1.1) Page 2 Comment Language added to reflect long standing practices within the department as well as CALEA standards. Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted under Civil Service Commission Rules and the Arkansas Code. A. Compliance With Department Directives Supervisors are expected to set a proper example to their subordinates in the matter of due respect and regard for the policies, procedures, and rules in all matters pertaining to proper discipline. 1. The primary function of a supervisor is to maintain the day- to-day activities of police operations. Compliance with department directives is an integral part of those operations. Supervisors, are authorized to take action when department directives are not being followed. [Calea 26.1.5] (a) A supervisor may elect to counsel an officer whose performance has been found to be deficient. (b) A supervisor may refer an officer to the training division to correct deficient performance. (c) A supervisor may document deficient performance and refer it to the Chief of Police in the form of an official complaint. (d) In cases of a major infraction of policy or department directive, a supervisor may relieve an officer of patrol duties, with pay, and refer the matter to the Chief of jPolice.. 2. 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. 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. 3. 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) Being under the influence of intoxicants or drugs while on duty. (d) Absence without leave. Absence without leave is defined as any time a department member is scheduled for work and fails to report for duty without first notifying a supervisor prior to the start of the scheduled shift. (26.1.1) Page 3 Comment: Language added to comply with CALEA standards. (e) Incompetence. (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) Dishonesty at any time when representing this department. (k) Lack of Candor under direct questioning, either by any department supervisor or any investigator of the Office of Professional Standards. 4. It shall be the policy of the Fayetteville Police Department that all personnel maintain sufficient competency to properly perform their duties and assume the responsibility of their positions. Personnel shall perform their duties in a manner, which will maintain the highest standards of efficiency in carrying out the functions and objectives of the department. Unsatisfactory performance may be demonstrated by: (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 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 (26.1.1) Page 4 should be governed by ordinary rules of good behavior observed by law abiding and self-respecting citizens. 1. Any idle, indiscreet, remark(s) or rudeness to conversation(s), or remark(s) with members of the opposite member to disciplinary action. Policy 26.1.2) disrespectful or discriminatory citizens or any greeting(s), tending to show undue familiarity f1fl ' f �' sex while on duty shall subject a 'Lf (See Harassment and Discrimination 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 circumstances. 3. All officers when reporting for duty shall be completely attired in the regulation uniform as prescribed by the Chief of Police. (Refer to 41.1.1 for Grooming Requirements) Failure to do so may subject the member to reprimand or suspension. C. Use of Alcohol & Drugs 1. No employee of the police department shall consume alcoholic 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 any kind, or under sickness caused or produced by the use of such intoxicants. Any officer absenting themselves from scheduled 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. 2. When deemed operationally necessary, officers in undercover assignments may consume alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo to their supervisor documenting the consumption of alcohol or simulation of the use of drugs_ ., -. Comment: Language added. D. Abuse of Authority' _ - Comment: This section is a -' - - - - - _ - - - - combination of two sections from the previous policy as 1. No officer (except when assigned desk duties inside the police a means to streamline the facility) shall receive or collect any fine or fines for parking document. tickets, other traffic violations, or any other offenses whatsoever. Members shall courteously advise citizens that all fines are payable at the Fayetteville Police Department. (26.1.1) Page 5 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. 3. 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. 4. It shall be the policy of the Fayetteville Police Department that its officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, towing firm, bail bondsman, mortician, etc.). Use of Force Refer to Chapter 1.3.1. 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. 2. Officers are required to care for equipment in their possession. Any departmental equipment damaged due to either carelessness or an intentional act on the part of the employee may result in disciplinary action. Employee Awards/Commendations (Calea 26.1.121] 1. It shall be the policy of this department to recognize heroic actions, meritorious service and significant achievements under the provisions of this policy. Facilitation of awards will be made through an Awards Committee. The Awards Committee will be comprised of departmental Captains, as permanent members, and departmental employees as appointed by the Chief of Police. Members of the Awards Committee will serve a period of two years. Nominations to the Awards Committee will be received by way of the departmental award application form. The Awards Committee will review all applications and make recommendations to the Chief of Police (26.1.1) Page 6 T Comment: Employee Awards/Commendations section was not in the old policy. It has been completely added anew. who has final authority on awards. Awards will be presented at a time designated by the Chief of Police. Classification of Awards A. Chief's Award of Valor: Nominated by the Chief of Police, awarded for an act of extraordinary bravery or heroism by an employee who has demonstrated in great degree the characteristics of selflessness, personal courage and devotion to duty. B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for exceptional performance, which, in the opinion of the supervisor, is deserving of recognition. C. Life Saving Award: Nominated by any employee of the department, awarded for a successful effort in saving a human life which involved exceptional courage or performance. D. Unit Meritorious Performance Award: Nominated by any employee, awarded to any individual or unit (sworn or civilian) who has exhibited exceptional professional skill and conduct during a coordinated action. E. Fayetteville Police Department Commendation: Nominated by any employee, awarded to any employee for an outstanding act or achievement, which brings great credit to the department and involves performance above and beyond that required by the individual's basic assignment. F. Community Service Award: Nominated by any employee, awarded to any employee for involvement both on and off duty in youth activities, work with non-profit organizations, working with the police department on special projects or other activities for the public good. G. Outstanding Citizen Award: Nominated by any employee, awarded to a citizen/member of the community who helps the department in apprehension of criminals or any other significant manner. H. Police Blue Star Award: Nominated by the Awards Committee, awarded to any sworn employee who has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those incidents resulting from attack by an assailant, personal combat or the performance of an act of valor. I. Police Blue Shield Award: Nominated by the Awards Committee, awarded to any sworn employee who, as a result of accidental cause, has been seriously, critically or fatally injured while in the performance of police duty. This award should be limited to those cases resulting from an accident. (26.1.1) Page 7 Letters of Commendation: A letter of commendation may be written by the Chief of Police to any employee for job performance that might not meet the criteria for the above listed awards, but merits recognition nonetheless. Any person may recommend an employee of this department receive a letter of commendation by submitting a memorandum to the Chief of Police. A R C letter of commendation may be given: Ra r 1) To commend an employee for completing a job task in an exemplary manner. 2) To commend an employee for submitting a recommendation which directly contributes to increased department productivity or efficiency. 3) For any other reason deemed appropriate by the Chief of Police. (26.1.1) Page 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Number 26.1.2 Subject HARASSMENT AND DISCRIMINATION IN THE WORKPLACE Reference (Special Instructions See 26.1.1 Distribution Reevaluation Date No.Pages All Personnel 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. [Calea 26.1.3] II. DISCUSSION It is the policy of this department that all employees have the right to work in an environment free of harassment or �CliscriminationL. This department will not tolerate, condone or comment Review/revision of allow harassment or discrimination by employees, whether sworn, policy revealed the specific mention of prohibiting civilian, or other non -employees who conduct business with this "discrimination" was not agency. This department considers harassment and discrimination of made. This draft includes discrimination, as well as others a form of serious employee misconduct. Therefore, this harassment, in the work department shall take direct and immediate action to remedy all place as being prohibited. reported instances of harassment and discrimination. III. POLICY A. Prohibited Activity 1. No employee will be given or denied any assignment based only upon age, sex, race, religion, politics, or physical handicap, unless such action would create a hazardous condition for the Cf Language added upon individual or ,Other5` advdviceicefrom HR Division. 26.1.2 Page 1 2. No employee shall harass another employee. 3. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, U 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. 4. Sexual harassment is prohibited. _Sexual harassment is defined- Comment Language added upon as unwelcome sexual advances, requests for sexual favors, and other Ladvice from HR Division. 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. 5. 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 and discrimination. This responsibility includes: a. Monitoring the work environment on a daily basis for signs that harassment or discrimination may be occurring; b. Counseling all employees on the types of behavior prohibited, and the department's procedures for reporting and resolving complaints of harassment and discrimination; c. Stopping any observed acts that may be considered harassment or discrimination, 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 or discrimination, pending investigation: 26.1.2 Page 2 • 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 be 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 or discrimination 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 or discrimination. C. Complaint Procedures 1. Any employee encountering harassment or discrimination is encouraged to inform the person that his or her actions are unwelcome and offensive. The employee is encouraged to document all incidents of this nature in order to provide the fullest basis for investigation. 2. Any employee who believes that he or she is being harassed or discriminated against shall report the incident(s) as soon as possible to an immediate supervisor so that steps may be taken to protect the employee, 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, the Chief of Police or the Human Resources 1Divisiod. 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 alleged act, any witnesses to the incident(s) and the date(s) on which it occurred. 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. 26.1.2 Page 3 Comment Language amended upon advice from HR Division. 3. The Office of Professional Standards shall be responsible for investigating any complaint alleging harassment or discrimination. D R 1 F T 4. There shall be no retaliation against any employee for filing a �f 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. 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. 3. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police or any supervisor within the department. 4. Any employee experiencing retaliation for having brought forth a complaint should report it immediately to his/her supervisor, supervisor's supervisor, the Chief of Police or the Human Resources jDivlslonl. - - f�omment Language added upon ...-[advice from HR Divisioni. 26.1.2 Page 4 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subj ect EMERGENCY RESPONSE TEAM Reference Distribution All Personnel I. PURPOSE Number 46.2.1 Special Instructions Reevaluation Date No.Pages 1 Year -7- 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(jsf) 3. All team members. The remaining team assignments will be made within the team with the approval of the Chief of Police. The E.R.T. will be under the supervision of a Captain as designated by the Chief of Police. The Fayetteville Police Department will supply its Emergency Response Team members with the equipment deemed necessary to complete the training and assignments of the team. [Calea 46.2.13] (46.2.1) Page 1 Comment Plurality added for future use. Comment Language added to comply with CALEA standard. B. PERSONNEL [SELECTIONi -- Ito omment Personnel selection icomil iwithmation adtletl comply with CALEA Recognizing the nature of Emergency Response Team operations standards requires disciplined, physically fit, experienced, calm, capable and well trained professionals, team selection will be conducted through a fair, non-discriminatory process that measures the factors deemed to be important to the performance of the team. [Calea 46.2.2] When opening(s) on the Emergency Response Team occur, tests/tryouts ® �� will be conducted to determine, from among the eligible applicants, who will be appointed to the team. Applicant requirements: An applicant for the Emergency Response Team must meet the following criteria: a. Be a full time, sworn member of the department b. Have at least 12 months of uniform field experience c. Be recommended for the Emergency Response Team by a supervisor d. Past disciplinary actions will be taken into consideration. Applicant Testing: The selection process will consist of the following: a. Physical Conditioning Test: Each applicant must successfully pass a conditioning test consisting of the Fayetteville Police Department physical fitness standards for the Emergency Response Team. This standard is set at 20% above required departmental standards plus seven (7) pull-ups. b. Firearms Test: Each applicant must successfully pass the Arkansas Law Enforcement Standards and Training (ALETA) Standard Qualification Course of Fire for one target. Marksmanship standards for handgun qualification set for the team is 90%. In addition, the applicants will be put through a minimum of one (1) combat -style shoot course administered by a certified firearms instructor. c. Written recommendation: Each applicant must receive a written letter of recommendation from his supervisor. This letter will be forwarded to the Chief of Police. d. Oral Interview: Each applicant will be asked to participate in an oral interview in which a series of pre -developed questions will be asked. The Chief of Police or his designee will assign the interview panel. e.The Emergency Response Team utilizes alternate team members to cover shortages or loss due to attrition. Alternate team members undergo the same applicant and testing process as listed (46.2.1) Page 2 above. The Chief of Police chooses alternates. Alternates train with the ERT during scheduled training periods but are not subject to call out unless specifically needed. In addition, alternate team members should be given specialized training outside regularly scheduled ERT training. Once testing is completed, the interview panel will compile thep 'r results results with a recommendation to the Chief of Police. Applicants 'jj\� will be appointed to the E.R.T. at the discretion of the Chief of Police. 3. Removal from Team: Once selected for an opening on the E.R.T., an applicant is placed on probationary status for a period of one (1) year. All E.R.T. members must maintain their level of individual and team skills. Failure to maintain skill levels and/or stay physically fit is grounds for removal from the team. The Chief of Police, upon the consensus of the team leadership, may remove any member in the best interests of the team. a. Failure to maintain minimum physical fitness and/or skill levels will be dealt with by immediate remedial instruction and re -testing. Failure to reach minimum levels during re- testing will result in the team member being placed in a non - deployable status for a period of thirty (30) days, during which the team member will be required to bring skill levels back up to minimum. Failure to do so will result in removal from the team. b. If skill level or physical fitness failure is due to the existence of a valid injury, the team member will begin a rehabilitative process and excused from ERT duties. Once released from medical care, the team member shall pass the skill level or physical fitness test. A team member may request to be voluntarily withdrawn from assignment to the E.R.T. at any time. The team member must submit a letter of resignation to the Chief of Police, who may grant or deny the request after a review of the circumstances. (46.2.1) Page 3 C. DUTIES AND RESPONSIBILITIES 1. TEAM COMMANDER The team commander is directly responsible for the following !areas;_ - Comment some team commander duties were deleted as they related to personnel a. Direct supervision of the team members; selection and physical fitness requirements which are covered elsewhere. b. Training; c. Maintaining an inventory of all team equipment, which includes assignment to individual team members or storage location [Calea 46.2.3]; d. Maintaining training and call -out files for the team [Calea T 33.6.2]; !_ e. Reporting all training and equipment needs to the designated Captain supervising the Emergency Response Team. 2. TEAM LEADER In the absence of the Team Commander, the team leader assumes responsibility for the Team Commander's duties. 3. TEAM MEMBERS Team members are required to comply with the following: a. Maintain minimum physical fitness conditioning requirements as established by the Chief of Police; b. Maintain familiarity with all equipment used by the E.R.T.; c. Maintain minimum marksmanship standards set for the team. d. Must be available for call -outs by having their paging device with them at all times; (* Exception - When members are sick or on scheduled leave) e. The timely response and completion of all tasks, as well as, demonstration of high standards of performance; f. Attend all scheduled training operations unless excused by the Team Commander or Team Leader prior to the assigned training date. g. Maintain all assigned equipment in good condition; h. Wear approved and appropriate E.R.T. attire on all call -outs and training days; (46.2.1) Page 4 i. Use departmentally issued or authorized E.R.T. equipment; j. Familiarization with basic first aid. (A first aid kit will be maintained and kept with the team during call -outs and training exercises). D. trRAININ 1. The Emergency Response Team shall train at least one day per month as set forth by the team commander and team leader. 2. The counter sniper/observer team shall have a training day of at least one day per month aside from the team -training day. 3. The team leadership will delineate the individual, squad and team level skills required for the team to successfully conduct operations. Those skills will create the basis for specific training exercises of the E.R.T. Training exercises will be created by the team leadership. Joint training exercises between the Emergency Operations Team and the Crisis Negotiation Team should be conducted periodically. Any training exercise shall be documented to include the type of training, date, attendance and scores, if applicable. [Calea 33.6.2] 4. Due to the required physical fitness standards for E.R.T. members, they are allotted two (2) hours per week while on duty for physical fitness training. It is the responsibility of the team members to schedule their physical fitness training time with their immediate supervisor. Fitness training hours must be used during the current work period and cannot be carried over to the next work period. The fitness training hours must be used during the scheduled workday. No overtime or compensatory time can be accrued as a result of the use of the fitness training hours. E. CHEMICAL AGENTS/DISTRACTION DEVICES Chemical agents and distraction devices require proper training for effective use and shall be used only upon authorization of the team leader or team commander by personnel trained in their use. F. CALL -OUT NOTIFICATION/DEPLOYMENT 1. in the event of an incident in which the Emergency Response Team might be activated, initial responding patrol officers have an integral role of support. [Calea 46.2.1] a. Patrol officers should contain/secure the scene of an event to the extent possible. b. Officers should locate and interview witnesses if possible. (46.2.1) Page 5 Comment Training section was revised/amended to reflect long standing practices and to comply with CALEA standards. c. Officers should attempt to secure information as to the lay out of the scene of the incident. d. Officers should relay any intelligence information regarding the incident to be forwarded to the E.R.T. team 1leadership` - comment Language added to comply with CALEA standards. 2. Any Fayetteville Police Department supervisor may request assistance from the E.R.T. However, a Fayetteville Police Department Captain or personnel of higher rank must authorize all Emergency Response Team call —,'outs. - comment Language was --�------- --- ---------I streamlined on authorization. 3. 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. \I 4. In the event of situation requiring immediate activation of V ,� the E.R.T., team members can be activated by using the "all -page" function of the pagers. 5. Emergency Response Team members are not to be used in their capacity as tactical officers while on normal patrol duty except under the direct supervision of the team commander or team leader. 6. In the event a team member has consumed any alcoholic beverage or taken prescribed medication it shall be the responsibility of that member to notify either the Team Commander or the Team Leader of their incapacitation. Team members shall not be under the influence of intoxicants or drugs while on duty_ _ comment Language revised to conform with other policy references. G. PRE -RAID BRIEFING 1. Team members will assemble in a pre -determined location for a briefing of the assignment in question. A member of Central Dispatch and a patrol shift supervisor will be included in the briefing. [Calea 46.2.1] 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. (46.2.1) Page 6 d. Other emergency operation teams, i.e. Emergency Medical Services (E.M.S.) or Crisis Negotiation Team (C.N.T.), will be put on stand-by in a location near the target location immediately prior to the mission, when possible. [Calea 46.2.111] --_ ---- (46.2.1) Page 7 Comment Language modified to add other special units and comply with CALEA standard. FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date lNumber 1.3.4 Subject Less -Lethal Weapons/Defensive Tactics Reference 1.3.1 Distribution All Personnel Special Instructions Reevaluation Date INo.Pages 1 -Year 1 -12- I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less than lethal weapons and defensive tactics.[Calea 1.3.4] II. DISCUSSION All Police Officers of the Fayetteville Police Department are directed to obtain defensive tactics training and certification to carry and use the departmental authorized less -lethal weapons. Defensive tactics and less -lethal weapons provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. III. POLICY It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and less -lethal weapons when warranted, but only in accordance with the guidelines set forth here. A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers (1.3.4) Page 1 should generally use the level of force that can reasonably be ?( expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels" of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances. The Force Continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: a. Officer Presence The professional appearance and uniform of a police officer. b. Verbal Direction The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Empty Hand Soft empty hand techniques are designed to control Passive or Defensive Resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Pressure Point Control Tactics (PPCT) is the department approved defensive tactics system. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. Hard Empty Hand Control techniques are designed to control Active Aggression, but can be used to control Defensive Resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. d. Intermediate eapons CommencChanged some -------------------------------------------------------------....---------------------------- wording on intermediate An intermediate been, or will likely weapon is any tool used p be, ineffective or when empty p y dangerous hand control has for the officers weapons and then classified the baton, OC spray and CEW as intermediate weapons to attempt, and deadly force is not justified. The department issued impact weapon is the expandable baton. Officers have discretion to use the expandable baton as a defensive tactics tool to counter resistance and assaultive behavior. The OC aerosol spray and Conducted Energy Weapon are also classified as intermediate weapons. (1.3.4) Page 2 The OC aerosol spray and Conducted Energy Weapon provides officers with additional use -of -force options against aggressive animals or for gaining compliance of resistant or aggressive individuals during arrest, detention and other enforcement situations that occur in the line of duty. Usage criteria for intermediate weapons is as (1) The use of any intermediate weapon is considered a use of force and shall be deployed in a manner consistent with this agency's use of force policy and in accordance with guidelines set forth herein. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled an intention to actively resist the officer's efforts to make the arrest, and (c) the use of empty hand techniques has been, or will likely be, ineffective or not reasonable under the circumstances. (d) when confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum to assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. e. Deadly/lethal force Force likely to cause death or serious physical injury. 2. Levels of Resistance: a. Psychological Intimidation (1.3.4) Page 3 Comment: Created a 'usage criteria' for all intermediate weapons and placed it here rather than having a usage criteria listed separately for all three intermediate weapons. DU AFT The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive lResistanc comment: passive resistance was moved up on this list The suspect makes no attempt to fight the officer or even pull away. He simply forces the officer to do all the work. An example would be the protestor who causes the officer to pick him up and carry him from the scene or the drunk driver who will not step from the car but must be physically pulled out. c. Verbal Non -Compliance This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwilling to comply or ignore the officer completely d. Defensive Resistance The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression. The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. 3. De-escalation of Force: Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. Officers, for their own protection, should understand and comply with the force continuum. (1.3.4) Page 4 4. Training:Jl�( p-� Officers must be certified in the use of the Conducted Energy Weapon (CEW), Pepper Spray and Pressure Point Control Tactics before authorization to use such defensive tactics. Officers are required to attend refresher training on handgun retention and PPCT Tactics as scheduled by the Training Division. B. Less -lethal Weapons All Police Officers of the Fayetteville Police Department are directed to obtain certification to carry and use less lethal weapons as authorized by the Chief of Police. Less lethal weapons provide officers with additional use -of -force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations that occur in the line of duty. It is the policy of this department that officers use less lethal weapons when warranted, but only in accordance with the guidelines of this policy set forth here. Less lethal weapons are not designed to be used in place of deadly force when deadly force is justified. Less lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers will receive in-service refresher training on the use of less lethal, weapons on an annual basis. A certified weapons or tactics instructor will conduct refresher training. The training division will maintain documentation of refresher training. Remedial training, if necessary, will be given to any officer who is unable to demonstrate knowledge and proficiency of less lethal weapons prior to resuming official duties.[Calea 1.3.111 1. Police Baton a. Authorization (1) Only certified officers who have successfully completed the PPCT certified Defensive Tactics Course are authorized to carry the police baton. b. Usage Procedures (1) Impact weapon strikes to the nerve motor points in the legs and arms are considered to be at the Intermediate Weapon level on the force continuum. (2) Any impact weapon strikes to the head, throat or clavicle are considered to be deadly force. (1.3.4) Page 5 (3) The two target areas on the arms for blocking points are: (a) The Radial nerve motor point on the outside of the upper forearm. (b) Median nerve motor point on the inside of the forearm. (4) The three target areas for striking on the legs are: (a) The Common Peroneal nerve motor point on the outside of the leg. (b) The Femoral nerve motor point on the inside of the leg. (c) The Tibial nerve motor point on the top of the calf muscle. (5) Strikes should be delivered with maximum power in an effort to eliminate the need for multiple strikes, decrease the need to escalate in levels of control, and shorten the time span of the confrontation. (6) After striking a subject, officers should employ other methods of follow-up control and ensure that the subject receives medical attention. [Calea 1.3.5) 2. Pepper Aerosol Restraint Spray Oleoresin capsicum (OC) spray is the authorized pepper aerosol restraint spray. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device. (2) Uniformed officers whose normal duties/assignments may require them to make arrests or supervise detainees shall be required to carry departmentally authorized OC while on duty. Plain -clothes officers whose normal duties/assignments may require them to make arrests or supervise detainees shall have available departmentally authorized OC spray. (3) Uniformed officers shall carry only departmentally authorized OC canisters. Non -uniformed officers may carry OC in alternative devices authorized by the agency. (1.3.4) Page 6 b. Usage Procedures (1) Whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area. (2) An officer should maintain a safe distance from the suspect of between two and ten feet. (3) A single spray burst of one second should be directed at the suspect's eyes, nose, and mouth. (4) Use of OC should be avoided, if possible, under conditions where it may affect innocent bystanders. d. Effects of OC and Officer Response (1) Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought process. (2) The effects of OC spray vary among individuals. Therefore, all suspects shall be handcuffed as soon as possible after being sprayed. Officers should also be prepared to employ other means to control the suspect - to include, if necessary, other force options consistent with agency policy -if he does not respond sufficiently to the spray and cannot otherwise be subdued. (3) Immediately after spraying a suspect, officers shall be alert to any indications that the individual needs medical care. This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness. Upon observing these or other medical problems or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid or transport to a local medical facility.[Calea 1.3.5] (4) Suspects who have been sprayed shall be monitored continuously for the ill effects of the OC spray. It shall be the responsibility of the officer affecting the arrest to either monitor the suspect or alert detention center personnel the suspect has been sprayed. In the event the officer was injured during the arrest, the supervisor will assign another officer to monitor the suspect. (5) Officers shall provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax. (1.3.4) Page 7 1 rT (6) Air will normally begin reducing the effects of OC spray within fifteen minutes of exposure. However, once the suspect f n rti? has been restrained, officers shall assist him by rinsing and-� j drying the exposed area to the extent possible. (7) Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent. All such incidents shall be reported as soon as possible including the recording of the bystanders name, date of birth, and address to the immediate supervisor. f. Replacement (1) Each officer assigned an OC spray device shall be responsible for maintaining it in an operational and charged state. If an OC device becomes damaged, inoperable, or empty, the assigned officer shall report to their immediate supervisor in writing and request a replacement device. (2) Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister. (3) 0C canisters shall be inspected and weighed biannually by shift sergeants who will maintain a record of this fact. (4) Unexplained depletion of OC canisters shall require an investigation and written report by the officer's supervisor to the Chief of Police. 3. Conducted Energy Weapon The Conducted Energy Weapon (CEW) will be used as an intermediate weapon on the same level in the use -of -force continuum as Pepper Aerosol Restraint Spray or the police baton. It will be the officer's discretion as to which device is used. a. Authorization (1) Only certified officers who have completed the prescribed course of instruction on the use of the CEW are authorized to carry or use the device. Officers must demonstrate proficiency in the use of the CEW during the prescribed course of instruction.[Calea 1.3.10] Officers must receive in-service training on the CEW and demonstrate proficiency with the CEW on an annual basis after receiving the initial prescribed course of instruction. [Calea 1.3.11] (1.3.4) Page 8 (2) Uniformed officers whose normal duties/assignments may require them to make arrests or supervise detainees shall be required to carry authorized CEW units on their duty belts while on duty. (3) Uniformed officers shall carry only department authorized CEWs in the prescribed manner on their duty belts. Non -uniformed officers may carry the CEW in alternative forms authorized by the agency. b. Usage Procedures (1) At the beginning of each shift, a function test will be completed on each unit. This will be accomplished by turning the safety to the ON position, checking the battery level on the Central Information Display, verifying the laser sight system is operational, and by performing an arc display for a (five second cycleJ. On any occasion where malfunctions are found, the unit shall be removed from service and forwarded to a CEW instructor for servicing and troubleshooting. (2) The CEW operates much like a handgun. It is equipped with standard sights and a laser sight system. The laser dot will be the point of impact for the top probe. The CEW must be held level on vertical targets. The exception to this rule is on an angled or prone target where the CEW should be tilted to allow the probes to strike the target properly. An example of this would be if the target were lying on the ground or behind some type of barrier. Target position for the CEW should be: (a) the lower torso and 1 reach larger muscle group of the front of an individual to (b) below the neck of the back of an individual targeting the larger muscle groups, (c) Do not aim at the head, throat or genitals of an individual, d) The CEW may also be applied as a Drive Stun as a distracting or breaking maneuver to gain control and effect compliance of a suspect. It is recommended the CEW cartridge remain attached when a Drive Stun is applied. The Drive Stun can be delivered whether the probes have been deployed from the cartridge or are still intact. (3) Officers may utilize an arc display for visual effect in order to gain compliance. The CEW cartridge must be removed prior to an arc display. An arc display must be documented with a use of force report. (4) Officers should maintain a safe distance from the suspect. (1.3.4) Page 9 D:' L:- 14 Comment: Changed from one second cycle at recommendation from manufacturer. Comment: Target zone amended based on recommendation of manufacturer. The optimum shot range is seven to fifteen feet. If the suspect is running, the officer must keep pace with the suspect to prevent the CEW wires from breaking. (5) When the CEW is deployed it should complete the full five - second cycle without interruption. Typically the initial _ deployment changes the behavior of the suspect. After the CEW is i deployed, the officer should assess and evaluate the suspect � �� J L while giving verbal commands. If the suspect continues to be non -compliant, additional applications may be given. The suspect should be handcuffed as soon as practical while disabled by the CEW to minimize the number of deployment cycles. (6) The CEW is prohibited from being used: (a) In a punitive or coercive manner. ° (b) On a handcuffed or secured prisoner absent assaultive behavior that cannot be reasonably dealt with. (c) On any suspect who does not demonstrate his or her overt intention to use violence or force against the officer or another person (ISI) ... Comment:aiscusslon was vela Co include wording about not (d) In an environment where an officer knows that a potentially using the cew on a -passively resistant - flammable, volatile or explosive material is present, including subject, but this was but not limited to OC spray with volatile propellant, gasoline, already in the policy and I naturalgas, propane or a clandestine laborator think it should suffice for P P Y • that point. (e) In any environment where the subject's fall could reasonably result in death or serious injury (e.g. on an elevated structure or in a location with sharp objects). (f) On the operator of a moving vehicle. (7) As soon after deployment as possible, CDC should be notified that the CEW has been deployed. (8) Deployed cartridges must be submitted to evidence and handled with caution as explained and instructed in the CEW users course. Deployed cartridges are considered to be a biohazard and must be handled with extreme caution. (9) CEWs equipped with cameras will automatically record a video recording each time the CEW is activated in the field: (a) After a CEW is deployed, officers are required to provide the CEW to a patrol supervisor in order to preserve the video. (b) Patrol supervisors, provided with the required passwords, are to create a folder within the network drive and upload the CEW (1.3.4) Page 10 camera video in a space designated by the IT Manager. After the upload, supervisors are restricted by the IT Manager from any actions other than viewing the video. d. Effects of the CEW (1) The CEW is a Conducted Energy Weapon that uses propelled wires to conduct energy that affects the sensory and motor functions of the central nervous system resulting in incapacitation and do not rely on pain compliance. The CEW creates Electro-Muscular Disruption and causes the contraction of the muscles and overrides the central nervous system. (2) After deployment the suspect may fall immediately to the ground, which is the greatest risk of injury to the suspect. (3) The CEW will cause slight signature marks that resemble surface burns, appear red or may blister. (4) The CEW does not damage nerve tissue, does not cause serious burns and does not cause electrocution in a wet environment. f. Probe Removal [Calea 1.3.5] (1) CEW probes should be removed from an individual as soon as possible after the person has been handcuffed or properly restrained. (2) As soon as possible after the CEW has been deployed on an individual, dispatch will be contacted and request medical services personnel to respond to the scene for probe removal. [Calea 1.3.5) (3) If any of the probes are located in the head, neck, breast(females only) or the groin area of an individual and medical services personnel are not able to remove the probes; the individual will be transported to WRMC for probe removal. (4) After the probes have been removed, the probes and spent cartridge will be turned over to the officer who deployed the cartridge for submission to evidence. C. Reporting Procedures! The use of police baton, PPCT, defensive tactics or an intermediate weapon will be documented in a Use of Force Report (Calea 1.3.6] 1. OC Aerosol Spray: (a) Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity (1.3.4) Page 11 Comment: This is an added section to cover reporting procedures of PPCL, defensive tactics or an intermediate weapon. Previously, each intermediate weapon had a •reporting procedure• section. shall be reported to the officer's immediate supervisor as soon as possible. (b) A written report of an accidental discharge, which does not affect an individual, must be completed and turned into the officer's immediate supervisor before the end of shift S' j f when accidental discharge occurred.[Calea 1.3.6] [✓ U\\� U (c) A use -of -force report shall be completed following all discharges of OC spray except during testing, malfunction or accidental discharge and turned into the officer's immediate supervisor before the end of shift in which the spray was used.[Calea 1.3.6] (d) Off -duty officers discharging OC spray are subject to the same reporting requirements as on -duty officers. The immediate supervisor shall be the shift supervisor at the time of the discharge.[Calea 1.3.6] 2. Conducted Energy Weapon: (a) Every deployment of the CEW will require the officer to complete a use of force report. The only exception to this will be during training classes (and/or inspections). A supplemental page for the CEW must be attached to the use of force report. This page will document the location on a person's body where the CEW probes made contact.[Calea 1.3.6] (b) The use of force report must indicate if multiple deployments occurred and the justification for multiple deployments.[Calea 1.3.6] (c) If an officer performs an "Arc Display" to gain control of a suspect or crowd, a use of force form must be completed explaining the reason for the display. (d) If an accidental discharge occurs a use of force report must be completed explaining the circumstances of the discharge. (e) A photograph of the individual and the area or areas where probes penetrated the skin of the individual must be taken of each person on whom a CEW is used. The photos will be submitted to evidence with the used air cartridge and probes. (f) The CEW has a built in microprocessor that records the date, time, duration of cycle and the battery status of each pull of the trigger for the last 2000 trigger pulls. The supervisor in charge of CEW procedures shall maintain a data download logbook on each CEW. The logbook shall be maintained for quality control purposes. (1.3.4) Page 12 City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 10/6/2009 City Council Meeting Date Greg Tabor Submitted By approve a $0 Cost of this request Account Number Police Division Action Category / Project Budget Funds Used to Date Police Department Department Policies Program Category / Project Name Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item LJ Budget Adjustment Attached EJ Previous Ordinance or Resolution # Departure ec Date City Attorne Date aJ a . Finance aid Intergej$ervice Director i -I,8- Date Original Contract Date: Original Contract Number: Received in City Clerk's Office {q R -Is- K Received in Mayor's Office 7 o9 CC►tlj. 2) /d/u/o9 Ccn,fj. ®[q TO: Mayor Lioneld Jordan and Members of the City Council FROM: Greg Tabor, Chief of Police DATE: October 7, 2009 SUBJECT: Policy Amendments Recommendation: Council approves a resolution amending the following Fayetteville Police Department Policies (1) 46.2.1 — "Emergency Response Team" (2) 1.3.1 - "Use of Force" (3) 1.3.4 - "Less -Lethal Weapons/Defensive Tactics" (4) 26.1.1 - "Disciplinary Matters and Award Procedures" (5) 26.1.2 - "Harassment and Discrimination in the Workplace" Background: The current Fayetteville Police Department Policies were approved by council resolution #3-99 on January 5th, 1999. Discussion: The department is currently in the process of reviewing all policies and updating as necessary to comply with Commission on Accreditation for Law Enforcement Agencies (CALEA) standards, to conform to changes in Federal, State and local law and to match current Fayetteville Police Department practices. Budget Impact: None RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING AMENDMENTS 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 the following amended sections of the Fayetteville Police Department's Policies, Procedures & Rules Manual: > 1.3.1 - "Use of Force" > 1.3.4 - "Less -Lethal Weapons/Defensive Tactics" > 26.1.1 -" Disciplinary Matter and Award Procedures" > 26.1.2 - "Harassment and Discrimination in the Workplace" > 46.2.1 - "Emergency Response Team" A copy of these amendments, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 20th day of October, 2009. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer