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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 '9• ( 0;•••c/,p% • F. -F.3.• • IP.: :FAYETTEVILLE: 6:74• ) lixS•ti sd:J16,0 fficl ti S., • *J / To t4 ffff Him %%%%%%% 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