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
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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