HomeMy WebLinkAbout53-10 RESOLUTIONRESOLUTION NO. 53-10
A RESOLUTION APPROVING AMENDMENTS TO FAYETTEVILLE
POLICE DEPARTMENT POLICIES 12.2.1, POLICIES PROCEDURES &
RULES DEVELOPMENT AND REVIEW; 22.3, SECONDARY
EMPLOYMENT; 52.1.1, OFFICE OF PROFESSIONAL STANDARDS; 61.2
COLLISION INVESTIGATION AND 71.1.1, DETAINEE TRANSPORT
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
amendments to Fayetteville Police Department Policies 12.2.1, Policies Procedures & Rules
Development and Review; 22.3, Secondary Employment; 52.1.1, Office of Professional
Standards; 61.2 Collision Investigation and 71.1.1, Detainee Transport. A copy of the amended
Policies, marked Exhibit "A" are attached hereto and made a part hereof.
PASSED and APPROVED this 6th day of April, 2010.
APPROVED:
ATTEST:
By
DRA E. SMITH, City. Clerk/Treurgfi ff
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FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
12.2.1
Subject
POLICIES, PROCEDURES, & RULES DEVELOPMENT & REVIEW PROCEDURES
Reference
CALEA 12.2.2
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 -Year
No. Pages
-2-
I. PURPOSE
The purpose of this directive is to establish
development of new or revised department policies,
rules. Departmental "General Orders" will also be
policy.
II. POLICY
procedures for
procedures, and
covered in this
A. It shall be the policy of the Fayetteville Police Department
that its members receive written communications in an orderly
manner so that accurate information flows smoothly throughout the
organization. For the purpose of clarification:
1. A "Policy, Procedure, & Rule" is a written directive
concerning policies, procedures, and rules for department personnel
which must be approved by the governing body of the municipality
(by resolution of the City—Council). (Arkansas Code Annotated 14-
51-302).
2. A "General Order" is a written statement defining in more
specific terms the procedures for day-to-day operation of the
department. General Orders are approved and issued by the Chief of
Police as necessary for maintaining an efficient operation.
General Orders are intended to greatly benefit an officer by giving
more specific details for a particular subject but maintaining the
spirit of the more formal Policies, Procedures, & Rules which
require approval of City Council.
EXHIBIT A
(12.2.1) Page 1
B. The following method will be used for review of newly proposed
or revised policies, procedures and rules.
1. All officers shall have the opportunity to review new or
updated policies, procedures, and rules prior to approval by the
City Council.
2. It shall be standard practice for new or revised policies,
procedures, and rules to be reviewed by the following entities
prior to approval by the City Council:
a. Mayor
b. City Legal Staff
C. The physical format of policies, procedures, and rules
documents shall all follow a like format and general appearance.
The words "POLICIES, PROCEDURES, AND RULES" shall appear at the top
of each first page. The format heading will also include
designated boxes for the following:
Effective date
Number
Subject
Reference
Special Instructions
Distribution
Reevaluation Date
No. Pages (Number of pages)
D. The physical format of all General Orders shall all follow a
like format and general appearance. The ,words "GENERAL ORDER #"
shall appear at the top of each first page. The format heading
will also reserve space for the following information:
Subject
Cross -Reference
Date Approved by Chief
Name and signature of the
Chief of Police
(12.2.1) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
22.3
Subject
Secondary Employment
Reference
Calea 22.3.4, 22.3.5
Special Instructions
To Replace G.O. #16
Distribution
Reevaluation Date
No. Pages
-4-
I. Purpose
To establish guidelines for secondary employment by members of
the Fayetteville Police Department.
II. Policy
It is the policy of the Fayetteville Police Department to allow
agency personnel to engage in approved secondary employment
opportunities within the guidelines of this policy.[CALEA
22.3.4]
III. Definitions
A. Extra -Duty Employment - secondary employment wherein
the actual or potential use of law enforcement powers
is anticipated.
B. Off -Duty Employment - secondary employment wherein the
actual or potential use of law enforcement powers is
not anticipated.
IV. Departmental Limitations
A. Employees may not engage in employment that is a
threat to the status and dignity of law enforcement as
a professional occupation. Employment representing
such a threat includes, but is not limited to: [CALEA
22.3.4]
1. Employment at establishments that promote
obscenity or pornography as defined by the
Arkansas Criminal Code.
(22.3) Page 1
2 Any employment where the dispensing Or
consumption of alcoholic beverages is a primary
function of the business.
3 Any employment where gambling occurs as the main
source of activity. (This
fund raising events where
to support legitimate
nonprofit agencies).
does not include civic
the proceeds are used
charities or other
4 Any employment where the employer is involved in
a labor or civil rights dispute.
5 Any employment with individuals or companies of
questionable business interest where there could
be a decrease in trust and confidence from the
public.
6 Any employment whereby the nature of such
employment would interfere with the performance
of official duties, jeopardize in any manner the
impartial position of the Department or create a
liability concern that might involve the employee
violating any procedure, ordinance or law.
7 Any employment that might present potential
conflicts of interest for employees between the
Departmental duties and their duties for a
secondary employer.
8 Any employment that creates a decrease in trust
and confidence from the public.
B. To be eligible for secondary employment, employees
must be in good standing with the department. The
employee's history of past disciplinary actions shall
be taken into consideration by the Chief of Police
when determining eligibility.
C. Employees must have completed their probationary
period (one year) before being eligible to work extra -
duty employment.
Employees absent from duty, due to sickness, may not
engage in secondary employment during the hours in
which they were regularly scheduled to work.
E. Employees on
(more than
compensation,
light duty status, extended sick leave
three consecutive days), worker's
FMLA, administrative leave or suspension
(22.3) Page 2
•
are not authorized to work any extra -duty employment
without the written consent of the Chief of Police.
F. Employees will not engage in any secondary employment
that might affect the ob]ectivity and independence of
their judgment or conduct in performing their official
duties and responsibilities.
G . Work hours for all secondary employment must be
scheduled in a way that does not conflict nor
interfere with the employee's official performance of
duty. Special consideration will not be given to
scheduling of the employee's duty hours to accommodate
secondary employment.
H . All employees of the Department engaged in secondary
employment are subject to call out in case of
emergency and will be expected to leave any other
employment in such situations.
I. Employees will not report to duty physically or
mentally exhausted to the point where their
is affected because of any secondary
performance
employment.
Extra -duty employment is limited
corporate limits of the City of Fa
duty employment may be authorized
limits.
V. Guidelines
to within the
yetteville. Off -
outside the city
A. Employees must complete a Request for Approval of
Extra Employment Outside Department Form prior to
seeking secondary employment. This form must be
routed through the employee's chain of command.
[CALEA 22.3.5a]
B . The Chief of Police will have final approval or
disapproval authority for requests of secondary
employment, and no employee shall work such employment
until authorization has been obtained. [CALEA
22.3.5c]
C. The Request for Approval of Extra Employment form
shall contain the significant aspects of the secondary
employment job the employee is seeking. [CALEA
22.3.5e]
(22.3) Page 3
D . A copy of all approved secondary employment forms
shall be routed to the Administrative Captain for
filing and review for adherence of this policy.
[CALEA 22.3.5d]
E . Once on-going secondary employment has been approved,
the employee must resubmit a "new" request for
approval form at the beginning of each year.
Once granted, approval for secondary employment can be
revoked or annual renewal denied when, in the judgment
of the employee's chain of command, the secondary
employment becomes incompatible with departmental
employment or adversely affects the employee's job
performance or efficiency. (CALEA 22.3.5c]
VI. Accountability
A. All employees engaged in extra -duty employment,
uniformed or plain clothes, shall abide by the
Policies, Procedures and Rules of the Fayetteville
Police Department. (CALEA 22.3.5b]
Officers wearing his/her uniform off-duty are a
representative of the ]Jepartment. As such, the member
shall avoid non -police related job duties that would
tend to detract from the professional image of the
Fayetteville Police Department. Officers must conduct
themselves at all times in a manner consistent with
public respect for the uniform of the Department.
[CALEA 22.3.5b]
C. Arrests made while engaging in secondary employment,
will be turned over to the on -duty patrol shift for
transport. The extra -duty or off-duty officer shall
complete all necessary and required reports detailing
the facts of the case.
D . All sworn personnel working secondary employment are
required to take enforcement action, within the
jurisdiction of the Department, in an emergency.
Under no circumstances shall an officer refuse a
request due to being "off-duty". [CALEA 22.3.5b]
(22.3) Page 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
52.1.1
Subject
OFFICE OF PROFESSIONAL STANDARDS (OPS)
Reference
CALEA Chapter 52
Special Instructions
Distribution
All Personnel
Reevaluation Date
1 Year
No. Pages
-9-
I. PURPOSE
To create and maintain an environment conducive to efficient
reception And resolution of complaints against police department
personnel or general procedures used by the department.
To establish written procedures for the administration and
operation of internal investigations.
Such procedures will promote positive discipline and provide for
the prompt and thorough investigation of alleged or suspected
misconduct of department personnel.
II. DISCUSSION
A police department is often evaluated and judged by the conduct of
individual members. While the public has a right to expect
efficient, fair, and impartial law enforcement, employees must be
protected against false allegations of misconduct.
The Office of Professional Standards will be charged with the
responsibility of following department operational procedures in
processing, investigating, and recording complaints against the
department or its employees. [Calea 52.1.11
(52.1.1) Page 1
III. ORGANIZATION
The Office of Professional Standards will serve to assist all
personnel in regard to investigations of alleged misconduct of
sworn or civilian employees.
The Chief will select all personnel of the
Standards and designate a head of OPS. The
has the authority to report directly to the
head of OPS will maintain a record of all
department or employees in a secure area.
will be provided training at the discretion
Chief of Police. [Calea 52.1.31
Office of Professional
designated head of OPS
Chief. The designated
complaints against the
OPS assigned personnel
of the head of OPS and
OPS assigned personnel will report directly to the Chief of Police
or a designated supervisor on OPS matters and will pursue their
responsibilities under the direction of the Chief of Police.
If investigations discover personnel who are engaging in serious
acts of misconduct, or who have demonstrated they are unfit for law
enforcement, information pertaining to the investigation will be
reported directly to the Chief of Police by the head of the OPS.
IV. POLICIES
A. Officers selected for assignment to OPS must have demonstrated
in their previous performance a high degree of investigative
skills. The officer should have a personnel record clean of
serious complaints. The officer should be familiar with state
codes, and department policies and procedures related to internal
affairs.
Receipt of Complaints
1. Nothing in this policy shall prohibit any citizen from
exercising any additional rights or procedures outlined
in Fayetteville Civil Service Commission Rules 5:09 and
5:10.
a. All complaints against the employees or
department are to be initially directed to any
supervisor on duty. [Calea 52.1.11
(1) Exceptions - Complaints will not be received
and/or logged concerning summons issued or
arrests made which have not been adjudicated
in a court of law unless the complainant
alleges misconduct or illegal activity by the
officer. The simple dislike of a charge or
feeling of innocence does not, by itself,
(52.1.1) Page 2
justify the formal filing of a complaint
against any officer performing his duties.
(2) Exceptions Citizen complaints involving
employee performance and/or misconduct will
not be accepted more than 60 days after the
alleged incident with the following
exceptions:
a. Alleged criminal violations.
b. Complainant can show good cause for not
making the complaint earlier.
c. On directions of the Chief of Police based
on findings of a preliminary
investigation.
2 Upon receipt of a complaint, the supervisor shall provide
the complaining party a "Fayetteville Police Department
OPS Complaint Form."
a. Supervisors may encourage phone complainants
to come to the police station to complete the
complaint form but must understand it is not
mandatory for the complainant to do so.
In the event a complainant refuses to come to
the police department, the supervisor should
take the information and complete the form him
or herself. The supervisor should so note the
complainant's refusal.
c. Supervisors are not prohibited from going to a
complainant's location to complete the OPS
Complaint Form. Supervisors may send the OPS
Complaint Form via U.S. Mail Or
electronically.
d. Complaint/compliment forms may be accessed
online through the City of Fayetteville
website.
3. Complaint forms will also be completed on anonymous
complaints and forwarded to the Chief of Police. [Calea
52.1.1]
Discipline shall not be taken against any
officer solely on the basis of an anonymous
complaint. Before any discipline occurs, a
case would have to be substantiated through
investigation.
(52.1.1) Page 3
4 Supervisors will explain to the complainant the process
of completing the OPS Complaint Form.
a. Upon request, complainants who have completed
an OPS Complaint Form are entitled to a
photocopy of the completed complaint form at
no charge.
Supervisors shall enclose completed complaint forms in a
sealed envelope and clearly mark the envelope with the
wording "CHIEF OF POLICE - COMPLAINT ENCLOSED". The
envelope should either be delivered to the Chief of
Police or to his office as soon as possible. [Calea
52.2.2]
6. After review of the complaint by the Chief of Police, the
complaint will be assigned for further investigation by a
line supervisor or an OPS investigator. Complaints that
are deemed of a minor nature may be remanded to a line
supervisor for further action. Criteria for assignment
of such complaints may include alleged rudeness,
tardiness, minor incidents or improper procedure.
Complaints that are deemed to be of a more serious nature
will be forwarded to the head of OPS for logging and
assignment for investigation. [Calea 52.2.1]
a. Investigation will be completed within 21
days, unless the head of OPS authorizes an
extension. [Calea 52.2.3]
b. Investigations should be adjudicated within 10
days of the final disposition.
7 The Chief of Police, at his discretion, may place an
officer on paid administrative leave from duty pending
the results of an internal investigation. [Calea 52.2.7]
8 Supervisors will avoid exposing the content or subject of
a completed complaint form to anyone until the matter is
resolved or directed by the Chief of Police to discuss
the matter.
9 Should a complainant not wish to file a formal complaint
or the potential violation is of a non -serious nature, a
supervisor may investigate and handle the complaint.
These incidents shall be referred to as RESOLVED
COMPLAINTS. Once the complaint has been resolved the
supervisor will provide a typed summary to the head of
OPS for review and filing.
(52.1.1) Page 4
10. Complainants will be notified as to the verification of
receipt of the complaint, status of a complaint and
results of any investigation upon conclusion. [Calea
52.2.4]
C. Records Security and Storage
1. All records pertaining to an internal investigation will
be kept and stored in a locking file accessible only to
the Chief of Police and the head of OPS. (Calea 52.1.2]
2. OPS investigative files shall be maintained according to
the below schedule unless ordered by a court of competent
jurisdiction to purge a particular file(s). [Calea
52.1.2]
Minimum Records Retention and Disposition Schedule
RECORD
RETENTION
FINAL DISPOSITION
Officer involved
Use of Deadly
Force Incidents
Permanent
Retention
Permanent
Retention
Investigations
resulting in
sustained formal
discipline
(administrative
level)
10 Years
Records Purged
Investigations
resulting in
sustained informal
discipline
(supervisory
level)
5 Years, provided
a 1 year
infraction -free
period precedes
the dates of purge
Records Purged
Investigations
whose findings are
not sustained,
unfounded or
exonerated
3 Years
Records Purged
Complaints that do
not lead to a
formal
investigation
3 Years from the
date that
determination is
made not to
initiate
investigation
Records Purged
(52.1.1) Page 5
D. Investigations
1. Allegations of misconduct will be investigated toward a
conclusion of fact. Facts and evidence gathered during
an investigation will be maintained by the investigator
and ultimately turned over to the head of OPS and Chief
of Police for final analysis. [Calea 52.2.8)
2. When an officer is the subject of a criminal
investigation or has been charged with a criminal
offense, the department may suspend any related
administrative investigation until the criminal matter
has been resolved.
3 Whenever related criminal and administrative
investigations are being conducted simultaneously, no
statements made by the officer in the administrative
investigation shall be provided to those conducting the
criminal investigation. No police personnel having
knowledge of such statements shall participate in the
criminal investigation.
Employees being required to submit a report or be
interviewed in regard to a complaint will receive an OPS
Investigation Warning Form, be advised of the nature of
the complaint and allowed to read the complaint form.
[Calea 52.2.51
a. The OPS Investigation Warning Form will advise
the officer he is part of an official
investigation, advise of certain rights
associated with self-incrimination, and
possible departmental charges for refusing to
cooperate.
5. Before an interview is conducted and excluding a conflict
of interest, the officer may have a representative of his
choosing present. [Calea 52.2.5]
a. Interview sessions shall be for reasonable
periods and shall allow for such personal
necessities and rest periods as are reasonably
required.
b. Interview sessions shall be conducted while
the officer is on -duty whenever practical.
If an officer is required to submit to an
interview during off duty time, the officer
shall be compensated in accordance with normal
(52.1.1) Page 6
department procedures used for compensation of
extra hours.
6. Officers may be compelled to answer questions related to
their duties or fitness for duty. (Garrity v. New
Jersey, 385 USC 493)
a. When an officer refuses to answer questions
posed in an administrative investigation on
the grounds or fear of criminal self-
incrimination, the officer may be ordered to
answer such questions, and shall be informed
none of the information provided can or will
be used against him in any subsequent criminal
prosecution.
The officer is subject to possible
disciplinary action for refusal to answer
questions. The officer may be given a direct
order to cooperate with the investigation.
Failure to obey a direct order may result in
the officer being placed on administrative
leave and subject to further disciplinary
action. [Calea 52.2.71
Officers may be compelled to undergo an
examination for the detection of deception.
The results of such testing shall not be
usable in any subsequent criminal
investigation but may be used to determine
dispositions of administrative matters. [Calea
52.2.6 e.]
d. Officers may not refuse to submit to other
non -testimonial administrative examination
(drug screening by urinalysis or blood test,
medical examinations, line up, photographs,
financial statements when they are material to
the investigation, etc). [Calea 52.2.6 a., b.,
c., &d)
Departmental property or personal property
authorized for use by the department in
connection with official police duties may be
inspected at any time. An officer's personal
property shall be afforded the same protection
as that of any other citizen and, in criminal
cases, the accused officer's constitutional
rights will be protected.
(52.1.1) Page 7
f. Refusal to submit to such examinations or non -
testimonial examinations where required may be
grounds for dismissal. [Calea 52.2.7]
7. Employees are strictly prohibited from interfering with,
or discussing an ongoing investigation.
E. Dispositions
1. Dispositions will be decided according to the following
categories:
Unfounded
When the investigation clearly indicates the act
complained of did not occur.
b. Exonerated
When the investigation clearly indicates the act
occurred, but the act was -justified, lawful, and proper.
c. Not Sustained
When the investigation discloses insufficient evidence to
prove or disprove the allegation made in the complaint.
d. Sustained
When the investigation discloses the act did occur and
constitutes misconduct
2. Only case dispositions, which have a finding of
"Sustained", shall be filed in the employee's personnel
file.
3 The Chief of Police will be notified, in writing, of the
final disposition of any complaint within 10 days of the
conclusion of an investigation.
4 The Chief of Police will determine disciplinary measures
for investigations of allegations of misconduct resulting
in a disposition of "sustained". Consideration in
disciplinary measure should be given to ensure public
confidence in the agency, to protect future liability and
to deter future misconduct.
5 Officers will be notified, in writing, of the final
disposition of any complaint within 14 days of the
conclusion of an investigation. Whenever an officer is
dismissed, demoted or suspended according to policies and
(52.1.1) Page 8
procedures, he may grieve such action through civil
service' provision.
6 Complainants will be notified, in writing, of the
disposition of a complaint within 14 days of resolution
of a complaint. [Calea 52.2.41
7 At the conclusion of every fiscal year, the head of OPS
will create an annual statistical summary based on the
records of all OPS investigations. This annual report
will be made available for review to interested persons.
[Calea 52.1.51
(52.1.1) Page 9
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date
Number
61.2
Subject
Collision Investigation and Reporting
Reference
Calea Chapter 61.2
Special Instructions
To Replace G.O. #4
Distribution
All Personnel
Reevaluation Date 1 Year
No. Pages
-4-
Purpose
A. The purpose of this policy is to provide guidelines in
the response and investigation of motor vehicle
collisions. This policy shall apply to all members of
the Fayetteville Police Department.
II. Policy
A. Officers, using techniques to properly complete the
investigation and report, will investigate traffic
collisions occurring within the jurisdiction of the
Fayetteville Police Department. Officers should
conduct thorough, on -scene investigations whenever
possible, of traffic collisions involving [Calea
61.2.1, 61.2.21:
1. Death or Physical Injury;
2. Property Damage to the extent of more than $1000
damage or when either party requests a report;
3. Hit and Run;
4. Traffic collisions involving impairment due to
alcohol or drugs;
5. Hazardous Materials;
6. Disturbances between the parties involved;
7. Damage to public vehicles or property;
8. Major traffic congestion as a result of the
collision;
9. Damage to vehicles to the extent towing is
required.
(61.2) Page 1
In most incidents, traffic collisions occurring on
private property will not be investigated. Private
property collision report forms will be made available
in such cases. The following are incidents in which a
report will be completed involving private property
traffic collisions[Calea 61.2.1):
1. Private property traffic collisions involving
personal injury or impairment due to alcohol or
drugs.
2. Private property hit and run traffic collisions in
which viable suspect information is available.
3. Private property collisions involving substantial
damage.
4. Private property traffic collisions involving city
owned vehicles.
5. At the discretion of a supervisor.
The private property collision report form will be
utilized to document such incidents.
C. Whenever a Fayetteville Police Department vehicle is
involved in a collision,,the following shall occur:
1. Central Dispatch and a supervisor shall be notified
immediately;
2.A supervisor will investigate the collision;
3. The supervisor may assign a
reconstructionist to assist on collisions
fatality, serious injury or are complex in
4. The collision will be investigated
collision
involving
nature.
by the
appropriate agency if occurring outside
jurisdiction of the department, however,
supervisor, when possible, will respond to
scene;
5. The supervisor will submit a memorandum to
Patrol Captain detailing the collision.
III. Procedure
the
a
the
the
A. Officers will respond as soon as practical to the
scene of a collision. In less serious traffic
collisions, officer response time will be influenced
by the availability of officers. One or more officers
will respond to traffic collisions of a serious or
complex nature to investigate the collision, record
short-lived evidence and restore the normal flow of
traffic.
B. Officer responsibilities at the collision scene [Calea
(61.2) Page 2
61.2.3]:
1. The primary officer assigned to the call is in
charge of the scene of a collision and subsequent
investigation. This determination can be made by
assignment from Central Dispatch, appointment by
a supervisor or by collaboration of officers at
the scene.
2. Protect .the collision scene and any physical
evidence;
3. Identify injured persons and provide emergency
medical care, to the extent possible, until
emergency medical personnel can respond;
4. Identify and deal with fire hazards and/or
hazardous material until fire department
personnel can respond;
5. Establish traffic control;
6. Identify drivers involved in the collision, as
well as witnesses, and obtain statements to be
included in the report;
7. Record collision information to include the
possibility of taking measurements and
photographs;
8. Exchange information among drivers;
9. Collect and preserve evidence;
10. Expedite the removal of vehicles, persons and
debris from the collision scene; and
11. Ensure for the control of property belonging to
victims.
C. Traffic collisions involving death, serious physical
injury or are complex in nature may be investigated by
a departmental collision reconstructionist. A
collision reconstructionist will be available to the
Patrol Division twenty-four (24) hours a day. The
supervisor will assign a collision reconstructionist
in such events. The primary officer assigned to the
original call will protect the collision scene and
provide assistance as needed to the collision
reconstructionist. The collision reconstructionist is
responsible for the completion of all aspects of the
collision investigation.
1. In collisions involving death or there is reason to
believe death may result, the investigating officer
shall cause blood to be drawn by qualified medical
personnel for analysis for alcohol and/or narcotics.
2. In collisions involving other injury whereby the
driver is taken to a medical facility and where
probable cause exists to believe the driver might
•
(61.2) Page 3
•
have been impaired due to alcohol and/or narcotics,
the investigation officer shall cause blood to be
drawn by qualified medical personnel for analysis.
D. All traffic collisions occurring on public roadways
will be documented on the prescribed state approved
collision form and completed utilizing the preferred
departmental reporting system.
E. In the event a collision is reported after the vehicles
have been moved from the scene:
1. A delayed collision report may be made available to
the parties involved if there is property damage to
the extent less than $1000 and no death, physical
injury or
involved.
collision
follow up
impairment due to alcohol or drugs is
A supervisor will review delayed
reports for completeness or to assign
investigation as deemed necessary.
2. If any of the conditions listed above do exist,
officer must complete a collision report on the
state prescribed report form utilizing the
preferred departmental reporting system. The
officer should note the fact the collisidn was
reported on a delayed basis especially when the
delay affects the determination of cause.
an
F. The nature of some traffic collisions may necessitate a
follow-up investigation to obtain information that cannot
be obtained at the collision scene. Follow-up investigation
might include, but is not limited to [Calea 61.2.4]:
1. Collecting off scene data such as additional
information about the driver, pedestrians, vehicles
etc.;
2.0btaining/recording formal statements;
3. Reconstruction of the collision scene;
4. Processing reports to obtain criminal charges, if
necessary; and
5. Court preparation.
(61.2) Page 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
71.1.1
Subject
DETAINEE TRANSPORTATION
Reference Special Instructions
Calea Chapter 70, FPD 42.1.13
Distribution Reevaluation Date No.Pages
All Personnel 1 -Year -7-
I. PURPOSE
The purpose of this directive is to establish Fayetteville
Police Department policy for detainee transportation ensuring
safety and security for detainees, transporting officers, and the
general public.
II. DISCUSSION
Transportation of detainees in custody is a constant
requirement and a frequent activity. There are two general time
periods involved. The first is immediately after arrest when the
person is taken to the police department for processing and
holding. The second concerns the movement of detainees from the
police department to court, another detention facility, medical
facility, or for other reasons.
III. POLICY
A. TRANSPORT OPERATIONS
The transporting officer is legally responsible for the safety
and custody of the detainee being transported. Therefore, the
detainee shall be seat belted in prior to transport by the officer
unless the detainee is violent (Refer to 41.2.13 for exceptions).
Transportation of persons in custody will always be performed with
the safety and well being of the officer and detainee being of
primary importance at all times.
1. Search of Detainee(s)
(71.1.1) Page 1
a. All persons in custody will be searched prior to being placed
in a police vehicle. [Calea 70.1.1]
b. it must be assumed the detainee(s) may have had an opportunity
to obtain contraband or a weapon prior to the time he or she is
accepted for transport by the officer. [Calea 70.1.1]
c. Detainees should be searched each time they come into the
transporting officer's custody. [Calea 70.1.1]
d. Officers shall inspect their assigned vehicle at the beginning
of each shift to ensure the vehicle is safe and properly equipped.
The officer shall complete a vehicle inspection form at this time.
[Calea 70.1.2]
e. Each time a detainee has been transported, the transport
vehicle shall be examined to ensure no contraband or weapons are
present. [Calea 70.1.2]
2. Location of Officer and Detainee during Transportation
a. Vehicles used primarily for transporting detainees must have a
safety barrier in order for the driver to be separated from the
detainee. [Calea 70.4.1]
b. Vehicles used primarily for transporting detainees must be
equipped with modified rear compartments that prohibit the detainee
stored in rear from either opening the doors or windows on both
sides of the vehicle. [Calea 70.4.2]
c. In police vehicles equipped with safety partitions the
detainee should be placed in the rear seat of the vehicle.
d. If possible, no more than three detainees will be transported
in a standard police vehicle.
e. Only one detainee can be transported in a vehicle without a
safety barrier. In such circumstances, two officers must accompany
the detainee. The officer not driving will be seated in the rear
drivers -side position and the detainee will be handcuffed and
seated in the rear passenger -side position. [Calea 70.1.3]
f. All detainees shall be handcuffed or otherwise restrained
during transport.
(1) When handcuffs are used, they shall be applied with detainee's
hands behind back. If, however, the detainee has special needs due
to a pre-existing injury, disability or has limited mobility, the
officer can choose to handcuff in front or utilize a waist chain.
(71.1.1) Page 2
(2) Care should be exercised in applying handcuffs to avoid
unnecessary injury to the detainee.
(3) Under no circumstances will detainees be handcuffed to any
part of the vehicle.
(4) Leg straps shall be used, when possible, on unruly detainees
who are apt to cause damage to the unit or injure themselves.
(5) Detainees transported due to special circumstances may require
special restraints such as waist chains and/or leg chains.
Detainees wearing waist chains shall be restrained with their hands
placed in front.[Calea 70.2.1]
(6) In securing and/or restraining a detainee, officers will not
place the detainee in a position on his/her chest/stomach or side
area that may lead to "positional asphyxia".[Calea 70.2.1]
(7) officers are encouraged to reevaluate the need for restraining
devices on detainees who may possibly present a lesser threat to
the officer's safety (physically handicapped, senior citizen etc.).
In all cases, the circumstances of the arrest, the arrestee's
demeanor, as well as the public's perception of the police activity
must become part of the evaluation as to the need for extra or
special restraining devices.
3. Maintaining Sight of Detainee
The transporting officer shall not lose sight of, or leave
unattended, a detainee until the detainee is released or under the
control of other personnel. Officers shall activate the in -car
mobile video recorder while transporting detainees. Reference may
be made to Fayetteville Police Department Policy 83.2.3 (Digital
Mobile Video Recordings).
4. Safe Delivery of Detainee
a. The primary duty of the transporting officer is the safe
delivery of the detainee in custody. General principles of tort
law impose a duty of care on the transporting officer to protect
the detainee from injury.
b. A transporting officer should be aware of diversionary
incidents and should not deviate from his/her primary
responsibility of delivering the detainee except:[Calea 70.1.4]
(1) In a life -threatening situation when the risk to a third party
is clear and grave if immediate aid is not rendered; and
(2) The risk to the detainee is minimal.
(71.1.1) Page 3
(3) When a transport is interrupted, the transport officer should
notify the Central Dispatch Center of the location and reason for
the stop. If needed, another unit will be dispatched to handle the
incident that caused the interruption.
C. During transports over a long distance, care should be taken
when stopping for fuel, meals and for allowing. the detainee a
reasonable opportunity to use toilet facilities.
d. Due to security reasons, detainees will not be given the right
to communicate with others, including legal representation, during
the period the detainee is being transported. [Calea 70.1.5]
5. Detainee Escape
Following the escape of a detainee while being transported, the
following steps shall be taken: [Calea 70.1.7]
a. The transporting officer shall immediately notify Central
Dispatch to have the following information relayed to other
officers, the supervisor and to other jurisdictions:
(1) Area of the escape; and
(2) Identification and physical description of escapee;
(3) If escapee is high -risk (known to be armed or considered
dangerous).
b. Following an escape, detailed reports containing all
circumstances surrounding th@ escape will be prepared by the
transporting officer and the officers involved in the search.
These reports shall be completed and turned in to the on duty
supervisor.
6. Sick, Injured or Disabled Detainees [Calea 70.3.1]
If a detainee becomes sick or is injured incidental to arrest or
transport, the officer shall:
a. Transport the detainee for normal booking procedures if the
illness or injury is apparently non -debilitating and not life
threatening. The officer will advise communications of any
illness/injury concerns to be relayed to the holding facility.
(1) Should the holding facility not accept the detainee due to
illness/injury, the officer may request Emergency Medical
Services to respond to the holding facility or transport
the detainee to a medical facility for treatment.
(71.1.1) Page 4
b. Request for Emergency Medical Services to respond to the scene
of the illness/injury before transporting if the illness/injury
appears to be life threatening or debilitating.
c. Not transport the detainee to a medical facility if the
illness/injury is life threatening or debilitating unless there
is reasonable cause to believe that waiting for EMS would
endanger the life of the detainee.
If it is necessary to transport a detainee to a medical facility
for treatment or examination, the transporting officer(s) shall:
[Calea 70.3.2]
a. Notify the shift supervisor of the circumstances and advise
communications to notify the medical facility of their pending
arrival.
b. Keep the detainee in sight whenever possible.
c. Detainees taken to a medical facility for treatment shall be
restrained until medical personnel request they be removed for
treatment.
d. All felony detainees will be guarded by an officer(s) for the
duration of the stay at the medical facility, unless custody has
been transferred to another law enforcement agency.
If it is necessary to transport a detainee who is physically or
mentally disabled:
a. The nature of the offense and the extent of the disability
shall be considered when determining restraining devices and
methods of transportation.
b. Wheelchairs, crutches, canes or any items required by the
detainee as a result of the disability shall be transported with
them.
c. The officer shall exercise reasonable care and good judgment
to ensure officer and detainee safety while taking into
consideration the comfort of the detainee.
7. Transporting Dangerous Detainees to another Agency or Court
[Calea 70.1.81
When a detainee who is considered a security hazard must be
transported to another agency or court, the agency or judge of the
court shall be notified in advance. The agency or judge may allow
or direct the use of restraining devices and may request the
assignment of additional security officers. [Calea 70.1.8]
8. Transporting Detainees of Opposite Sex
a. if an officer is required to transport a detainee of the
opposite sex, the officer should report the following information
by radio to Central Dispatch:
(71.1.1) Page 5
(1) Odometer reading;
(2) Location and destination; and
(3) Ending odometer reading at destination.
9. Transporting Detainees in Special Situations
The unusual circumstances surrounding special situations such
as attending funerals, visiting hospitals or critically ill persons
provide opportunities to a detainee for escape, unauthorized
personal contact or inflicting injury upon himself or others.
Discretion should be used in allowing the transportation of a
detainee in such situations. Special security consideration should
be given to secure the detainee at all times.[Calea 70.3.3]
B. DOCUMENTATION
1. When a detainee is being transported from another facility to
the Fayetteville Police Department or is being transported from the
department to another facility, the transporting officer must
ensure the person to be transferred is positively identified as the
person to be moved.[Calea 70.5.1]
2. Depending on the circumstances, copies of certain
documentation should accompany the detainee. This documentation
may include arrest sheet, warrant, personal property information,
medical records, and other pertinent records. For interstate
transports, the escort officer should have a properly executed
governor's warrant or waiver of extradition.
3. Documentation accompanying a detainee should also include
information relating to the detainee's escape, suicide potential or
other personal traits of a security nature.
4. Upon arriving at the destination with the detainee, the
transporting officer . should adhere to the following
guidelines:[Calea 70.1.6]
a. Secure firearms for safekeeping in accordance with policies
and procedures of receiving facility.
b. Restraints should not be removed until the detainee is searched
and submitted to the facility's staff for booking procedures. If
at all possible, the detainee will be kept in restraints until he
is placed in a secure booking cell.
c. All corresponding documentation will be submitted to verified
facility staff.
d. Officers shall verbally advise receiving staff of medical or
(71.1.1) Page 6
security risks or refer them to written documentation when
appropriate.
e. Officers will assist the receiving facility by signing any
paperwork confirming the transfer of custody. In addition, officers
will log the transfer of custody with Fayetteville Police Dispatch.
(71.1.1) Page 7
City of Fayetteville Staff Review Form
Al.
City Council Agenda Items
and
Contracts, Leases or Agreements
4/6/2010
City Council Meeting Date
Agenda Items Only
Greg Tabor Police Police
Submitted By Division Department
Action Required:
Staff seeks council approval of a resolution to amend Fayetteville Police Department Policies: 12.2.1, Policies
Procedures & Rules Development and Review; 22.3, Secondary Employment; 52.1.1, Office of Professional
Standards; 61.2, Collision Investigation; 71.1.1, Detainee Transport.
$3,640
Cost of this request
1010-2920-5311.02
Account Number
Project Number
Budgeted Item
$ 151,371.00
Category / Project Budget
$ 22,718.00
Funds Used to Date
$ 128,653.00
Remaining Balance
Budget Adjustment Attached
Services and Charges
Program Category / Project Name
Program / Project Category Name
General
Fund Name
Previous Ordinance or Resolution #
Date
Original Contract Date:
,3�-�
Original Contract Number:
Date
lb
Finance and Internal Services Director Date Received in City EMTEBED
,� y0 Clerk's Office =10
.L— 2/b
Date
Received in �/IJg��
Mayor's Office /J
Dat
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
O POLICE DEPARTMENT
1 DDA West Rock Street
Fayetteville, AR 72701
P479) 587-3555 F(479) 587-3522
RKANSAS
To: Mayor Lioneld Jordan and City Council
From: Greg Tabor, Chief of Police
Date: Thursday, 03/18/2010
Re: Police Department Policy Amendments
Recommendation:
Council approves a resolution amending Fayetteville Police Department Policies: 12.2.1, Policies, Procedures
& Rules Development and Review; 22.3, Secondary Employment; 52.1.1, Office of Professional Standards;
61.2, Collision Investigation and 71.1.1, Detainee Transport
Background and Discussion:
The current Fayetteville Police Department Policies were approved by council resolution #3-99 on January 5th,
1999. The department is currently in the process of reviewing all policies and updating as necessary to conform
to current practices and to comply with accreditation standards.
Budget Impact:
If approved by council, Policy 22.3, Secondary Employment, will carry a $3640.00 cost for persona] liability
insurance. This cost would come out of the state forfeiture funds.
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENTS TO
FAYETTEVILLE POLICE DEPARTMENT POLICIES 12.2.1,
POLICIES PROCEDURES & RULES DEVELOPMENT AND
REVIEW; 22.3, SECONDARY EMPLOYMENT; 52.1.1, OFFICE OF
PROFESSIONAL STANDARDS; 61.2 COLLISION
INVESTIGATION AND 71.1.1, DETAINEE TRANSPORT
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 amendments to Fayetteville Police Department Policies 12.2.1,
Policies Procedures & Rules Development and Review; 22.3, Secondary
Employment; 52.1.1, Office of Professional Standards; 61.2 Collision Investigation
and 71.1.1, Detainee Transport. A copy of the amended Policies, marked Exhibit
"A" are attached hereto and made a part hereof.
PASSED and APPROVED this 6w day of April, 2010.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/6/2010
City Council Meeting Date
Agenda Items Only
Police Police
Submitted By Division
Action Req
Staff seek council approval of a resolution to amend Fayett it
Procedures &ules Development and Review; 22.3, Seco�zE1ar)
Standards; 61. , Collision Investigation; 71.1.1, Detainee 7rans
Cost of this request
Account Number
Department
id:
i Police Department Policies: 12.2.1, Polici
Employment; 52.1.1, Office of Professional
tegory / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget A stment Attached
Finance and Internal Services
Chief of
Previous Ordinance or Resolution #
Date
riginal Contract Date:
3- I I D On al Contract Number:
Date
3- 11.2416
Date Received in it'Clerk's Offic
3 -2a--/o
Date
Received in
Mayors Office
Date
Revised January 15, 2009
To: Mayor Lione Jordan and City Council
From: Greg Tabor, Chic of Police
Date: Thursday, 03/18/201
Re: Police Department Policy mendments
Recommendation:
Council approves a resolution amending Fayetteville
& Rules Development and Review; 22.3, Secondary
61.2, Collision Investigation and 71.1.1, Detainee Tr
THE CITY OF FAYETTEVILLE, ARKANSAS
0 POLICE DEPARTMENT
100-A West Rock Street
Fayetteville, AR 72701
P (479) 587-3555 F (479) 587-3522
Department Policies: 12.2.1, Policies, Procedures
✓ment; 52.1.1, Office of Professional Standards;
Background and Discussion:
The current Fayetteville Police Department Policies fete appr ved by council resolution #3-99 on January 51h,
1999. The department is currently in the process of jeviewing a policies and updating as necessary to conform
to current practices and to comply with accreditatio standards.
Budget Impact:
None
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
January 6, 1999 I 12.2.1
Subject
POLICIES, PROCEDURES, & RULES DEVELOPMENT & REVIEW PROCEDURES I
Reference Special Instructions
Distribution Reevaluation Date No.Pages
All Personnel I 1 -Year I -2- I
I I I
I. PURPOSE
The purpose of this directive is to establish procedures for
development of new or revised department policies, procedures, and
rules. Departmental "General Orders" will also be covered in this
policy.
II. POLICY
A. It shall be the policy of the Fayetteville Police Department
that its members receive written communications in an orderly
manner so that accurate information flows smoothly throughout the
organization. For the purpose of clarification:
1. A "Policy, Procedure, & Rule" is a written directive
concerning policies, procedures, and rules for department personnel
which must be approved by the governing body of the municipality
(by resolution of the City —Council). (Arkansas Code Annotated 14-
51-302).
2. A "General Order" is a written statement defining in more
specific terms the procedures for day-to-day operation of the
department. General Orders are approved and issued by the Chief of
Police as necessary for maintaining an efficient operation.
General Orders are intended to greatly benefit an officer by giving
(12.2.1) Page 1
EXHIBIT
74
more specific details for a particular subject but maintaining the
spirit of the more formal Policies, Procedures, & Rules which
require approval of City Council.
B. The following method will be used for review of newly proposed
or revised policies, procedures and rules.
1. All officers shall have the opportunity to review new or
updated policies, procedures, and rules prior to approval by the
City Council.
2. It shall be standard practice for new or revised policies,
procedures, and rules to be reviewed by the following entities
prior to approval by the City Council:
a. Mayor
b. City Legal Staff` Comment: Deleted •c Civil
Service Commission
C. The physical format of policies, procedures, and rules
documents shall all follow a like format and general appearance.
The words "POLICIES, PROCEDURES, AND RULES" shall appear at the top
of each first page. The format heading will also include
designated boxes for the following:
Effective date
Number
Subject
Reference
Special Instructions
Distribution
Reevaluation Date
No. Pages (Number of pages)
D. The physical format of all General Orders shall all follow a
like format and general appearance. The words "GENERAL ORDER #"
shall appear at the top of each first page. The format heading
will also reserve space for the following information:
(12.2.1) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
22.3
Subject
Secondary Employment
Reference Special Instructions
Calea 22.3.3, 22.3.4 To Replace G.O. #16
Distribution Reevaluation Date No.Pages
-4-
I. Purpose
To establish guidelines for secondary employment by members of
the Fayetteville Police Department.
II. Policy
It is the policy of the Fayetteville Police Department to allow
agency personnel to engage in approved secondary employment
opportunities within the guidelines of this policy. [CALEA
22.3.3)
III. Definitions
A. Extra -Duty Employment - secondary employment wherein
the actual or potential use of law enforcement powers
is anticipated.
B. Off -Duty Employment - secondary employment wherein the
actual or potential use of law enforcement powers is
not anticipated.
IV. Departmental Limitations
A. Employees may not engage in employment that is a
threat to the status and dignity of law enforcement as
a professional occupation. Employment representing
such a threat includes, but is not limited to: [CALEA
22.3.3]
1. Employment at establishments that promote
obscenity or pornography as defined by the
Arkansas Criminal Code.
(22.3) Page 1
Comment: New Policy Co replace
General Order # I6. Policy dran
complies with CALEA standard
2. Any employment where the dispensing or
consumption of alcoholic beverages is a regular
function of the business.
3. Any employment where gambling occurs as the main
source of activity. (This does not include civic
fund raising events where the proceeds are used
to support legitimate charities or other
nonprofit agencies).
4. Any employment where the employer is involved in
a labor or civil rights dispute.
5. Any employment with individuals or companies of
questionable business interest where there could
be a decrease in trust and confidence from the
public.
6. Any employment whereby the nature of such
employment would interfere with the performance
of official duties, jeopardize in any manner the
impartial position of the Department or create a
liability concern that might involve the employee
violating any procedure, ordinance or law.
7. Any employment that might present potential
conflicts of interest for employees between the
Departmental duties and their duties for a
secondary employer.
8. Any employment that creates a decrease in trust
and confidence from the public.
B. To be eligible for secondary employment, employees
must be in good standing with the department. The
employee's history of past disciplinary actions shall
be taken into consideration by the Chief of Police
when determining eligibility.
C. Employees must have completed their probationary
period (one year) before being eligible to work extra -
duty employment.
D. Employees absent from duty, due to sickness, may not
engage in secondary employment during the hours in
which they were regularly scheduled to work.
E. Employees on
light
duty status,
extended
sick leave
(more than
three
consecutive
days),
worker's
(22.3) Page 2
compensation, FMLA, administrative leave or suspension
are not authorized to work any extra -duty employment
without the written consent of the Chief of Police.
F. Employees will not engage in any secondary employment
that might affect the objectivity and independence of
their judgment or conduct in performing their official
duties and responsibilities.
G. Work hours for all secondary employment must be
scheduled in a way that does not conflict nor
interfere with the employee's official performance of
duty. Special consideration will not be given to
scheduling of the employee's duty hours to accommodate
secondary employment.
H. All employees of the Department engaged in secondary
employment are subject to call out in case of
emergency and will be expected to leave any other
employment in such situations.
I. Employees will not report to duty physically or
mentally exhausted to the point where their
performance is affected because of any secondary
employment.
J. Extra -duty employment is limited to within the
corporate limits of the City of Fayetteville. Off -
duty employment may be authorized outside the city
limits.
V. Guidelines
A. Employees must complete a Request for Approval of
Extra Employment Outside Department Form prior to
seeking secondary employment. This form must be
routed through the employee's chain of command.
[CALEA 22.3.4a)
B. The Chief of Police will have final approval or
disapproval authority for requests of secondary
employment, and no employee shall work such employment
until authorization has been obtained. [CALEA
22.3.4c]
C. The Request for Approval of Extra Employment form
shall contain the significant aspects of the secondary
employment job the employee is seeking. [CALEA
22.3.4e]
(22.3) Page 3
D. A copy of all approved secondary employment forms
shall be routed to the Administrative Captain for
filing and review for adherence of this policy.
[CALEA 22.3.4d)
E. Once on -going secondary employment has been approved,
the employee must resubmit a "new" request for
approval form at the beginning of each year.
F. Once granted, approval for secondary employment can be
revoked or annual renewal denied when, in the judgment
of the employee's chain of command, the secondary
employment becomes incompatible with departmental
employment or adversely affects the employee's job
performance or efficiency. [CALEA 22.3.4c]
VI. Accountability
A. All employees engaged in extra -duty employment,
uniformed or plain clothes, shall abide by the
Policies, Procedures and Rules of the Fayetteville
Police Department. [CALEA 22.3.4b]
B. Officers wearing his/her uniform off -duty are a
representative of the Department. As such, the member
shall avoid non -police related job duties that would
tend to detract from the professional image of the
Fayetteville Police Department. Officers must conduct
themselves at all times in a manner consistent with
public respect for the uniform of the Department.
(CALEA 22.3.4bJ
C. Arrests made while engaging in secondary employment,
will be turned over to the on -duty patrol shift for
transport. The extra -duty or off -duty officer shall
complete all necessary and required reports detailing
the facts of the case.
D. All sworn personnel working secondary employment are
required to take enforcement action, within the
jurisdiction of the Department, in an emergency.
Under no circumstances shall an officer refuse a
request due to being "off -duty". [CALEA 22.3.4b]
(22.3) Page 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date INuer
January 6, 1999 I 52.1.1
Subject
OFFICE OF PROFESSIONAL STANDARDS (OPS)
Reference
CALEA Chapter 52
Distribution
All Personnel
I. PURPOSE
Special Instructions
Reevaluation Date INo.Pages
1 Year 1 -9-
To create and maintain an environment conducive to efficient
reception and resolution of complaints against police department
personnel or general procedures used by the department.
To establish written procedures for the administration and
operation of internal investigations.
Such procedures will promote positive discipline and provide for
the prompt and thorough investigation of alleged or suspected
misconduct of department personnel.
II. DISCUSSION
A police department is often evaluated and judged by the conduct of
individual members. While the public has a right to expect
efficient, fair, and impartial law enforcement, employees must be
protected against false allegations of misconduct.
The Office of Professional Standards will be charged with the
responsibility of following department operational procedures in
processing, investigating, and recording complaints against the
department or its employees. (Calea 52.1.1]
(52.1.1) Page 1
III. ORGANIZATION
The Office of Professional Standards will serve to assist all
personnel in regard to investigations of alleged misconduct of
sworn or civilian employees.
The Chief will select all personnel of the Office of Professional
Standards and designate a head of OPS. The designated head of OPS
has the authority to report directly to the Chief. The designated
head of OPS will maintain a record of all complaints against the
department or employees in a secure area. OPS assigned personnel
will be provided training at the discretion of the head of OPS and
Chief of Police. (Calea 52.1.3]
OPS assigned personnel will report directly to the Chief of Police
or a designated supervisor on OPS matters and will pursue their
responsibilities under the direction of the Chief of Police.
If investigations discover personnel who are engaging in serious
acts of misconduct, or who have demonstrated they are unfit for law
enforcement, information pertaining to the investigation will be
reported directly to the Chief of Police by the head of the OPS.
IV. POLICIES
A. Officers selected for assignment to OPS must have demonstrated
in their previous performance a high degree of investigative
skills. The officer should have a personnel record clean of
serious complaints. The officer should be familiar with state
codes, and department policies and procedures related to internal
affairs.
B. Receipt of Complaints
1. Nothing in this policy shall prohibit any citizen from
exercising any additional rights or procedures outlined
in Fayetteville Civil Service Commission Rules 5:09 and
5:10.
(52.1.1) Page 2
a. All complaints against the employees or
department are to be initially directed to any
supervisor on duty. [Calea 52.1.1]
(1) Exceptions - Complaints will not be received
and/or logged concerning summons issued or
arrests made which have not been adjudicated
in a court of law unless the complainant
alleges misconduct or illegal activity by the
officer. The simple dislike of a charge or
feeling of innocence does not, by itself,
justify the formal filing of a complaint
against any officer performing his duties.
(2) Exceptions - Citizen complaints involving
employee performance and/or misconduct will
not be accepted more than 60 days after the
alleged incident with the following
exceptions:
a. Alleged criminal violations.
b. Complainant can show good cause for not
making the complaint earlier.
c. On directions of the Chief of Police based
on findings of a preliminary
investigation. ,.-- comment: Section added
2. Upon receipt of a complaint, the supervisor shall provide
the complaining party a "Fayetteville Police Department
OPS Complaint Form."
a. Supervisors may encourage phone complainants
to come to the police station to complete the
complaint form but must understand it is not
mandatory for the complainant to do so.
b. In the event a complainant refuses to come to
the police department, the supervisor should
take the information and complete the form him
or herself. The supervisor should so note the
complainant's refusal.
c. Supervisors are not prohibited from going to a
complainant's location to complete the OPS
Complaint Form. Supervisors may send the OPS
(52.1.1) Page 3
Complaint Form via
U.S.
Mail or
electronically.
d.
Complaint/compliment
forms
may
be accessed
online through the
City
of
Fayetteville
website.
3. Complaint
forms will also be
completed
on anonymous
complaints
and forwarded to the
Chief
of Police. [Calea
52.1.1]
a. Discipline shall not be taken against any
officer solely on the basis of an anonymous
complaint. Before any discipline occurs, a
case would have to be substantiated through
investigation.
4. Supervisors will explain to the complainant the process
of completing the OPS Complaint Form.
a. Upon request, complainants who have completed
an OPS Complaint Form are entitled to a
photocopy of the completed complaint form at
no charge.
5. Supervisors shall enclose completed complaint forms in a
sealed envelope and clearly mark the envelope with the
wording "CHIEF OF POLICE - COMPLAINT ENCLOSED". The
envelope should either be delivered to the Chief of
Police or to his office as soon as possible. (Calea
52.2.2)
6. After review of the complaint by the Chief of Police, the
complaint will be assigned for further investigation by a
line supervisor or an OPS investigator. Complaints that
are deemed of a minor nature may be remanded to a line
supervisor for further action. Criteria for assignment
of such complaints may include alleged rudeness,
tardiness, minor incidents or improper procedure. comment Language added
Complaints that are deemed to be of a more serious nature
will be forwarded to the head of OPS for logging and
assignment for investigation. [Calea 52.2.1]
(52.1.1) Page 4
a. Investigation will be completed within 21
days, unless the head of OPS authorizes an
extension. (Calea 52.2.3]
b. Investigations should be adjudicated within 10
days of the final disposition.
7. The Chief of Police, at his discretion, may place an
officer on paid administrative leave from duty pending
the results of an internal investigation. (Calea 52.2.7)
8. Supervisors will avoid exposing the content or subject of
a completed complaint form to anyone until the matter is
resolved or directed by the Chief of Police to discuss
the matter.
9. Should a complainant not wish to file a formal complaint
or the potential violation is of a non -serious nature, a
supervisor may be assigned to investigate and handle the
complaint. These incidents shall be referred to as
RESOLVED COMPLAINTS. Once the complaint has been
resolved the supervisor will provide a typed summary to
the head of OPS for review and filing.
10. Complainants will be notified as to the verification of
receipt of the complaint, status of a complaint and
results of any investigation upon conclusion. [Calea
52.2.41
C. Records Security and Storage
1. All records pertaining to an internal investigation will
be kept and stored in a locking file accessible only to
the Chief of Police and the head of OPS. (Calea 52.1.2]
2. OPS investigative files shall be maintained according to
the below schedule unless ordered by a court of competent
jurisdiction to purge a particular file(s). [Calea
52.1.2]
Minimum Records Retention and Disposition Schedule
I RECORD I RETENTION I FINAL DISPOSITION
(52.1.1) Page 5
Officer involved
Permanent
Permanent
Use of Deadly
Retention
Retention
Force Incidents
Investigations
15 Years
Records Purged
resulting in
sustained formal.
discipline
(administrative
level)
Investigations,
5 Years, provided
Records Purged_...
resulting in
a 1 year
sustained informal
infraction -free
discipline
period precedes
(supervisory
the dates of purge
level)
Investigations
3 Years,
Records Purged
whose findings are
not sustained,
unfounded or
exonerated
Complaints that do
3 Years from the
Records Purged
not lead to a
date that
formal
determination is
investigation
made not to
initiate
investigation
D. Investigations
1. Allegations of misconduct will be investigated toward a
conclusion of fact. Facts and evidence gathered during
an investigation will be maintained by the investigator
and ultimately turned over to the head of OPS and Chief
of Police for final analysis. [Calea 52.2.8]
2. When an officer is the subject of a criminal
investigation or has been charged with a criminal
offense, the department may suspend any related
administrative investigation until the criminal matter
has been resolved.
3. Whenever related criminal and administrative
investigations are being conducted simultaneously, no
statements made by the officer in the administrative
investigation shall be provided to those conducting the
(52.1.1) Page 6
Comment Records Retention
Schedule has been added
criminal investigation. No police personnel having
knowledge of such statements shall participate in the
criminal investigation.
4. Employees being required to submit a report or be
interviewed in regard to a complaint will receive an OPS
Investigation Warning Form, be advised of the nature of
he complaint and allowed to read the complaint form.
(Calea 52.2.5]
a. The OPS Investigation Warning Form will advise
the officer he is part of an official
investigation, advise of certain rights
associated with self-incrimination, and
possible departmental charges for refusing to
cooperate.
5. Before an interview is conducted and excluding a conflict
of interest, the officer may have a representative of his
choosing present. [Calea 52.2.5]
a. Interview sessions shall be for reasonable
periods and shall allow for such personal
necessities and rest periods as are reasonably
required.
b. Interview sessions shall be conducted while
the officer is on -duty whenever practical.
c. If an officer is required to submit to an
interview during off duty time, the officer
shall be compensated in accordance with normal
department procedures used for compensation of
extra hours.
6. Officers may be compelled to answer questions related to
their duties or fitness for duty. (Garrity v. New
Jersey, 385 USC 493)
a. When an officer refuses to answer questions
posed in an administrative investigation on
the grounds or fear of criminal self-
incrimination, the officer may be ordered to
answer such questions, and shall be informed
none of the information provided can or will
(52.1.1) Page 7
be used against him in any subsequent criminal
prosecution.
b. The officer is subject to possible
disciplinary action for refusal to answer
questions. The officer may be given a direct
order to cooperate with the investigation.
Failure to obey a direct order may result in
the officer being placed on administrative
leave and subject to further disciplinary
action. [Calea 52.2.7]
c. Officers may be compelled to undergo an
examination for the detection of deception.
The results of such testing shall not be
usable in any subsequent criminal
investigation but may be used to determine
dispositions of administrative matters. [Calea
52.2.6 e.]
d. Officers may not refuse to submit to other
non -testimonial administrative examination
(drug screening by urinalysis or blood test,
medical examinations, line up, photographs,
financial statements when they are material to
the investigation,) etc) . [Calea 52.2.6 a., b., comment: Language added
c., & d]
- - ------------------ ---------------------------------
e. Departmental property or personal property
authorized for use by the department in
connection with official police duties may be
inspected at any time. An officer's personal
property shall be afforded the same protection
as that of any other citizen and, in criminal
cases, the accused officer's constitutional
rights will be protected.
f. Refusal to submit to such examinations or non -
testimonial examinations where required may be
grounds for dismissal. [Calea 52.2.7]
7. Employees are strictly prohibited from interfering with,
or discussing an ongoing investigation.
E. Dispositions
(52.1.1) Page 8
1. Dispositions will be decided according to the following
categories:
a. Unfounded
When the investigation clearly indicates the act
complained of did not occur.
b. Exonerated
When the investigation clearly indicates the act
occurred, but the act was justified, lawful, and proper.
c. Not Sustained
When the investigation discloses insufficient evidence to
prove or disprove the allegation made in the complaint.
d. Sustained
When the investigation discloses the act did occur and
constitutes misconduct
2. only case dispositions, which have a finding of
"Sustained", shall be filed in the employee's personnel
file.
3. The Chief of Police will be notified, in writing, of the
final disposition of any complaint within 10 days of the
conclusion of an investigation.
4. The Chief of Police will determine disciplinary measures
for investigations of allegations of misconduct resulting
in a disposition of "sustained". Consideration in
disciplinary measure should be given to ensure public
confidence in the agency, to protect future liability and
to deter future misconduct.
5. Officers will be notified, in writing, of the final
disposition of any complaint within 14 days of the
conclusion of an investigation. Whenever an officer is
dismissed, demoted or suspended according to policies and
procedures, he may grieve such action through civil
service provision.
(52.1.1) Page 9
6. Complainants will be notified, in writing, of the
disposition of a complaint within 14 days of resolution
of a complaint. [Calea 52.2.4]
7. At the conclusion of every fiscal year, the head of OPS
will create an annual statistical summary based on the
records of all OPS investigations. This annual report
will be made available for review to interested persons.
[Calea 52.1.5]I Comment language added to
................................_.__..___.......__._._...._.._..._._--------__-- Y
satieE CALEA standard
(52.1.1) PagelO
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date I Number
61.2
Subject
Collision Investigation and Reporting
Reference
Calea Chapter 61.2
Distribution
All Personnel
I
II
Purpose
Special Instructions
To Replace G.O. #4
Reevaluation Date 1 Year I No.Pages
-4-
A. The purpose of this policy is to provide guidelines in
the response and investigation of motor vehicle
collisions. This policy shall apply to all members of
the Fayetteville Police Department.
Policy
A. Officers, using techniques to properly complete the
investigation and report, will investigate traffic
collisions occurring within the jurisdiction of the
Fayetteville Police Department. Officers should
conduct thorough, on -scene investigations whenever
possible, of traffic collisions involving [Calea
61.2.1, 61.2.2]:
1. Death or Physical Injury;
2. Property Damage to the extent of more than $1000
damage or when either party requests a report;
3. Hit and Run;
4. Traffic collisions involving impairment due to
alcohol or drugs;
5. Hazardous Materials;
6. Disturbances between the parties involved;
7. Damage to public vehicles or property;
8. Major traffic congestion as a result of the
collision;
9. Damage to vehicles to the extent towing is
required.
(61.2) Page 1
Comment: FPD previously had
no formal policy on
collision investigation
other than general order
#4. This policy woule
replace general order #4
and also complies with
CALEA standard.
B. In most incidents, traffic collisions occurring on
private property will not be investigated. Private
property collision report forms will be made available
in such cases. The following are incidents in which a
report will be completed involving private property
traffic collisions[Calea 61.2.1]:
1. Private property traffic collisions involving
personal injury or impairment due to alcohol or
drugs.
2. Private property hit and run traffic collisions in
which viable suspect information is available.
3. Private property collisions involving substantial
damage.
4. Private property traffic collisions involving city
owned vehicles.
5. At the discretion of a supervisor.
The private property collision report form will be
utilized to document such incidents.
C. Whenever a Fayetteville Police Department vehicle is
involved in a collision, the following shall occur:
1. Central Dispatch and a supervisor shall be notified
immediately;
2. A supervisor will investigate the collision;
3. The supervisor may assign a collision
reconstructionist to assist on collisions involving
fatality, serious injury or are complex in nature.
4. The collision will be investigated by the
appropriate agency if occurring outside the
jurisdiction of the department, however, a
supervisor, when possible, will respond to the
scene;
5. The supervisor will submit a memorandum to the
Patrol Captain detailing the collision.
III. Procedure
A. Officers will respond as soon as practical to the
scene of a collision. In less serious traffic
collisions, officer response time will be influenced
by the availability of officers. One or more officers
will respond to traffic collisions of a serious or
complex nature to investigate the collision, record
short-lived evidence and restore the normal flow of
traffic.
(61.2) Page 2
B. Officer responsibilities at the collision scene (Calea
61.2.3):
1. The primary officer assigned to the call is in
charge of the scene of a collision and subsequent
investigation. This determination can be made by
assignment from Central Dispatch, appointment by
a supervisor or by collaboration of officers at
the scene.
2. Protect the collision scene and any physical
evidence;
3. Identify injured persons and provide emergency
medical care, to the extent possible, until
emergency medical personnel can respond;
4. Identify and deal with fire hazards and/or
hazardous material until fire department
personnel can respond;
5. Establish traffic control;
6. Identify drivers involved in the collision, as
well as witnesses, and obtain statements to be
included in the report;
7. Record collision information to include the
possibility of taking measurements and
photographs;
8. Exchange information among drivers;
9. Collect and preserve evidence;
10. Expedite the removal of vehicles, persons and
debris from the collision scene; and
11. Ensure for the control of property belonging to
victims.
C. Traffic collisions involving death, serious physical
injury or are complex in nature may be investigated by
a departmental collision reconstructionist. A
collision reconstructionist will be available to the
Patrol Division twenty-four (24) hours a day. The
supervisor will assign a collision reconstructionist
in such events. The primary officer assigned to the
original call will protect the collision scene and
provide assistance as needed to the collision
reconstructionist. The collision reconstructionist is
responsible for the completion of all aspects of the
collision investigation.
1. In collisions involving death or there is reason to
believe death may result, the investigating officer
shall cause blood to be drawn by qualified medical
personnel for analysis for alcohol and/or narcotics.
2. In collisions involving other injury whereby the
driver is taken to a medical facility and where
(61.2) Page 3
probable cause exists to believe the driver might
have been impaired due to alcohol and/or narcotics,
the investigation officer shall cause blood to be
drawn by qualified medical personnel for analysis.
D. All traffic collisions occurring on public roadways
will be documented on the prescribed state approved
collision form and completed utilizing the preferred
departmental reporting system.
E. In the event a collision is reported after the vehicles
have been moved from the scene:
1. A delayed collision report may be made available to
the parties involved if there is property damage to
the extent less than $1000 and no death, physical
injury or impairment due to alcohol or drugs is
involved. A supervisor will review delayed
collision reports for completeness or to assign
follow up investigation as deemed necessary.
2. If any of the conditions listed above do exist, an
officer must complete a collision report on the
state prescribed report form utilizing the
preferred departmental reporting system. The
officer should note the fact the collision was
reported on a delayed basis especially when the
delay affects the determination of cause.
F. The nature of some traffic collisions may necessitate a
follow-up investigation to obtain information that cannot
be obtained at the collision scene. Follow-up investigation
might include, but is not limited to [Calea 61.2.4]:
1. Collecting off scene data such as additional
information about the driver, pedestrians, vehicles
etc.;
2. Obtaining/recording formal statements;
3. Reconstruction of the collision scene;
4. Processing reports to obtain criminal charges, if
necessary; and
5. Court preparation.
(61.2) Page 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date jflumber
1 71.1.1
Subject
DETAINEE TRANSPORTATION
Reference jSpecial Instructions
Calea Chapter 70, FPD 42.1.13
Distribution Reevaluation Date No.Pages
All Personnel I 1 -Year 1 -7-
I. PURPOSE
The purpose of this directive is to establish Fayetteville
Police Department policy for detainee transportation ensuring
safety and security for detainees, transporting officers, and the
general public.
II. DISCUSSION
Transportation of detainees in custody is a constant
requirement and a frequent activity. There are two general time
periods involved. The first is immediately after arrest when the
person is taken to the police department for processing and
holding. The second concerns the movement of detainees from the
police department to court, another detention facility, medical
facility, or for other reasons.
III. POLICY
A. TRANSPORT OPERATIONS
The transporting officer is legally responsible for the safety
and custody of the detainee being transported. Therefore, the
detainee shall be seat belted in prior to transport by the officer
unless the detainee is violent (Refer to 41.2.13 for exceptions).
Transportation of persons in custody will always be performed with
(71.1.1) Page 1
the safety and well being of the officer and detainee being of
primary importance at all times.
1. Search of Detainee(s)
a. All persons in custody will be searched prior to being placed
in a police vehicle. (Calea 70.1.1]
b. It must be assumed the detainee(s) may have had an opportunity
to obtain contraband or a weapon prior to the time he or she is
accepted for transport by the officer. [Calea 70.1.1]
c. Detainees should be searched each time they come into the
transporting officer's custody. [Calea 70.1.1]
d. Officers shall inspect their assigned vehicle at the beginning
of each shift to ensure the vehicle is safe and properly equipped.
The officer shall complete a vehicle inspection form at this time.
[Calea 70.1.2]
e. Each time a detainee has been transported, the transport
vehicle shall be examined to ensure no contraband or weapons are
present. [Calea 70.1.2]
2. Location of Officer and Detainee during Transportation
a. Vehicles used primarily for transporting detainees must have a
safety barrier in order for the driver to be separated from the
detainee. [Calea 70.4.1]
b. vehicles used primarily for transporting detainees must be
equipped with modified rear compartments that prohibit the detainee
stored in rear from either opening the doors or windows on both
sides of the vehicle. (Calea 70.4.2]
c. In police vehicles equipped with safety partitions the
detainee should be placed in the rear seat of the vehicle.
d. If possible, no more than three detainees will be transported
in a standard police vehicle.
e. Only one detainee can be transported in a vehicle without a
safety barrier. In such circumstances, two officers must accompany
the detainee. The officer not driving will be seated in the rear
(71.1.1) Page 2
drivers -side position and the detainee will be handcuffed and
seated in the rear passenger -side position. (Calea 70.1. :311 comment: section/language
amended to comply with CALEA
standards
f. All detainees shall be handcuffed or otherwise restrained
during transport.
(1)
When handcuffs
are used, they shall
be applied with detainee's
hands
behind back.
If, however, the detainee has special needs due ,,..-
comment: Language Amended
to a
pre-existing injury,
disability or
" " " ."__"__"""""."".".."..
has limited mobility, thepolicy.
from old Specific
techniques of cuffing
officer
can choose
to handcuff in front
or utilize a waist chain.
vered
I procedures will be covered
via formal training.
(2) Care should
be
exercised in
applying handcuffs to avoid
unnecessary injury
to
the detainee.
(3) Under no circumstances will detainees be handcuffed to any
part of the vehicle.
(4)
Leg
straps
shall
be used,
when possible, on unruly detainees
who
are
apt to
cause
damage to
the unit or injure themselves.
(5) Detainees transported due to special circumstances may require
special restraints such as waist chains and/or leg chains.
Detainees wearing waist chains shall be restrained with their hands
placed in front.(Calea 70.2.1)
(6) In securing and/or restraining a detainee, officers will not
place the detainee in a position on his/her chest/stomach or side
area that may lead to "positional asphyxia". [Calea 70.2. l][ .. comment: Language added to
comply with CALEA Standard
(7) Officers are encouraged to reevaluate the need for restraining
devices on detainees who may possibly present a lesser threat to
the officer's safety (physically handicapped, senior citizen etc.).
In all cases, the circumstances of the arrest, the arrestee's
demeanor, as well as the public's perception of the police activity
must become part of the evaluation as to the need for extra or
special restraining devices.
3. Maintaining Sight of Detainee
The transporting officer shall not lose sight of, or leave
unattended, a detainee until the detainee is released or under the
control of other personnel. Officers shall activate the in -car
mobile video recorder while transporting detainees. Reference may
be made to Fayetteville Police Department Policy 83.2.3 (Digital
-
Mobile Video Recordings)
. comment: Language added to
gI""""""""""""""""""""""""""""".""""."""""""""""""""""""""""_....................... coincide with other PD
Policy
(71.1.1) Page 3
4. Safe Delivery of Detainee
a. The primary duty of the transporting officer is the safe
delivery of the detainee in custody. General principles of tort
law impose a duty of care on the transporting officer to protect
the detainee from injury.
b. A transporting officer should be aware of diversionary
incidents and should not deviate from his/her primary
responsibility of delivering the detainee except:[Calea 70.1.4]
(1) In a life -threatening situation when the risk to a third party
is clear and grave if immediate aid is not rendered; and
(2) The risk to the detainee is minimal.
(3) When a transport is interrupted, the transport officer should
notify the Central Dispatch Center of the location and reason for
the stop. If needed, another unit will be dispatched to handle the
incident that caused the interruption.
c. During transports over a long distance, care should be taken
when stopping for fuel, meals and for allowing the detainee a
reasonable opportunity to use toilet facilities.
d. Due to security reasons, detainees will not be given the right
to communicate with others, including legal representation, during
the period the detainee is being transported.[Calea 70.1.5]
5. Detainee Escape
Following the escape of a detainee while being transported, the
following steps shall be taken:[Calea 70.1.7]
a. The transporting officer shall immediately notify Central
Dispatch to have the following information relayed to other
officers, the supervisor and to other jurisdictions:
(1) Area of the escape; and
(2) Identification and physical description of escapee;
(3) If escapee is high -risk (known to be armed or considered
dangerous).
(71.1.1) Page 4
b. Following an escape, detailed reports containing all
circumstances surrounding the escape will be prepared by the
transporting officer and the officers involved in the search.
These reports shall be completed and turned in to the on duty
supervisor.
6. Sick, Injured or Disabled Detainees [Calea 70.3.17.
If a detainee becomes sick or is injured incidental to arrest or
transport, the officer shall:
a. Transport the detainee for normal booking procedures if the
illness or injury is apparently non -debilitating and not life
threatening. The officer will advise communications of any
illness/injury concerns to be relayed to the holding facility.
(1) Should the holding facility not accept the detainee due to
illness/injury, the officer may request Emergency Medical
Services to respond to the holding facility or transport
the detainee to a medical facility for treatment.
b. Request for Emergency Medical Services to respond to the scene
of the illness/injury before transporting if the illness/injury
appears to be life threatening or debilitating.
c. Not transport the detainee to a medical facility if the
illness/injury is life threatening or debilitating unless there
is reasonable cause to believe that waiting for EMS would
endanger the life of the detainee.
If it is necessary to transport a detainee to a medical facility
for treatment or examination, the transporting officer(s) shall:
[Calea 70.3.2)
a. Notify the shift supervisor of the circumstances and advise
communications to notify the medical facility of their pending
arrival.
b. Keep the detainee in sight whenever possible.
c. Detainees taken to a medical facility for treatment shall be
restrained until medical personnel request they be removed for
treatment.
d. All felony detainees will be guarded by an officer(s) for the
duration of the stay at the medical facility, unless custody has
been transferred to another law enforcement agency.
(71.1.1) Page 5
If it is necessary to transport a detainee who is physically or
mentally disabled:
a. The nature of the offense and the extent of the disability
shall be considered when determining restraining devices and
methods of transportation.
b. Wheelchairs, crutches, canes or any items required by the
detainee as a result of the disability shall be transported with
them.
c. The officer shall exercise reasonable care and good judgment
to ensure officer and detainee safety while taking into
consideration the comfort of the detainee •1 ..... comment: section/language
......................................__-_- added to comply with Calea
standards
7. Transporting Dangerous Detainees to another Agency or Court
[Calea 70.1.8]
when a detainee who is considered a security hazard must be
transported to another agency or court, the agency or judge of the
court shall be notified in advance. The agency or judge may allow
or direct the use of restraining devices and may request the
assignment of additional security officers. (Calea 70.1.8]
8. Transporting Detainees of Opposite Sex
a. If an officer is required to transport a detainee of the
opposite sex, the officer should report the following information
by radio to Central Dispatch:) --- comment: Language changed
from femaledetainees to
detainees of the opposite
(1) Odometer reading; sex
(2) Location and destination; and
(3)
Ending odometer reading
at
destination.
9.
Transporting Detainees
in
Special Situations
The unusual circumstances surrounding special situations such
as attending funerals, visiting hospitals or critically ill persons
provide opportunities to a detainee for escape, unauthorized
personal contact or inflicting injury upon himself or others.
Discretion should be used in allowing the transportation of a
detainee in such situations. Special security consideration should
be given to secure the detainee at all times. (Calea 70.3.31
B. DOCUMENTATION
(71.1.1) Page 6
1. When a detainee is being transported from another facility to
the Fayetteville Police Department or is being transported from the
department to another facility, the transporting officer must
ensure the person to be transferred is positively identified as the
person to be moved.[Calea 70.5.1]
2. Depending on the circumstances, copies of certain
documentation should accompany the detainee. This documentation
may include arrest sheet, warrant, personal property information,
medical records, and other pertinent records. For interstate
transports, the escort officer should have a properly executed
governor's warrant or waiver of extradition.
3. Documentation accompanying a detainee should also include
information relating to the detainee's escape, suicide potential or
other personal traits of a security nature.
4. Upon arriving at the destination with the detainee, the
transporting officer should adhere to the following
guidelines:[Calea 70.1.6]
a. Secure firearms for safekeeping in accordance with policies
and procedures of receiving facility.
b. Restraints should not be removed until the detainee is searched
and submitted to the facility's staff for booking procedures. If
at all possible, the detainee will be kept in restraints until he
is placed in a secure booking cell.
c. All corresponding documentation will be submitted to verified
facility staff.
d. Officers shall verbally advise receiving staff of medical or
security risks or refer them to written documentation when
appropriate.
e. Officers will assist the receiving facility by signing any
paperwork confirming the transfer of custody. In addition, officers
will log the transfer of custody with Fayetteville Police Dispatch.
(71.1.1) Page 7
Comment: Language added to
comply with Calea Standaro