HomeMy WebLinkAbout177-11 RESOLUTIONRESOLUTION NO. 177-11
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLICIES 25.1 GRIEVANCE PROCEDURES, 35.1 PERFORMANCE
EVALUATION, AND 61.4.3 TOWED VEHICLES
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
Fayetteville Police Department policies 25.1 Grievance Procedures, 35.1 Performance
Evaluation, and 61.4.3 Towed Vehicles. A copy of the policies, marked as Exhibit "A", is
attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of October, 2011.
APPROVED: ATTEST:
B
w
nalL
SON RA E. SMITH, City Clerk/Treasurer
\\\\\i!lillli//a`
S\C�i •oma•e•S ///
).'G\iY OF •G,,�
•
•
• s
FAYETTEVILLE
u
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 25.1 Grievance Procedures
Effective Date:
Reference:
Version: 1
CALEA: 25.1.1, 25.1.2, 25.1.3
No. Pages: 2
I. Purpose
The purpose of this directive is to ensure the Fayetteville Police Department will provide fair,
equitable and clearly defined means for the resolution of grievance. All employees and
supervisors shall be accorded reasonable opportunity to present the facts bearing on a grievance.
Grievances will remain confidential between the aggrieved employee and all others directly
involved in the resolution of the grievance. This formal grievance procedure is not intended to
prevent employees from utilizing other means of recourse.
II. Procedure
A. An aggrieved matter is an issue relating to the employee's working conditions affecting
health, safety, job satisfaction, availability of tools or equipment necessary to perform
work or other matters related to job performance. It must be a matter within the control
of the department and set forth a clear indication of unfairness resulting in harm or
damage to the aggrieved employee [CALEA 25.1.1 a.].
B. Items not aggrieved under this policy include but are not limited to discrimination and
harassment complaints, disciplinary actions, Office of Professional Standards
investigations, job performance evaluations, and terminations.
C. An employee who, after discussing an issue with an immediate supervisor and is not
satisfied with the answer, may file a grievance in writing. The grievance must be filed
within 10 calendar days after the employee becomes aware of the issue to be grieved
[CALEA 25.1.1 b.]. Failure to submit a written grievance within this time limit, or to
appeal the grievance to the next level within stated time limits, constitutes abandonment
of the formal grievance process. A grievance may be terminated at any time upon
receipt of a signed statement from the employee.
D. Grievances shall be submitted in writing and shall include [CALEA 25.1.1 c.]:
a
3
EXHIBIT
1. A written statement of the grievance and facts upon which it is based,
2. Allegations of the specific violation and/or harm done, and
3. A statement of remedy or adjustment being sought.
25.1 Grievance Procedures Page 1 of 2
E. Personnel shall submit the grievance to their immediate supervisor [CALEA 25.1.1 a.].
1. If the grievance is with the immediate supervisor, it shall be submitted to the
next level in the chain of command [CALEA 25.1.1 d.].
2. The supervisor receiving the grievance shall notify the division captain or
division head in writing [CALEA 25.1.1 d.].
3. Upon receipt of a grievance, a supervisor has 10 calendar days to attempt the
resolution of the grievance [CALEA 25.1.1 d.].
4. If the employee is not satisfied with the response, the employee, within five
calendar days, may appeal the grievance following the chain of command
[CALEA 25.1.1 b.].
5. The Chief of Police is the final authority of appeal of any grievance [CALEA
25.1.1 a.].
6. If the grievance is against the Chief of Police, it shall be submitted to the City of
Fayetteville Mayor [CALEA 25.1.1 d.].
E. Employees are not entitled to representation by legal counsel during a grievance
proceeding; however, the employees are allowed to have a non -participating
representative with them during the proceeding [CALEA 25.1.1 e.].
F. In the event of a policy conflict, the topic specific policy shall supercede this policy.
III. Coordination
A. The Office of Professional Standards shall be responsible for coordination of grievance
procedures [CALEA 25.1.2].
1. Copies of grievances and their investigations shall be filed electronically by
name and date with the Office of Professional Standards and kept indefinitely.
2. Due to the sensitivity of such records, access to grievance documents shall be
limited to the Chief of Police or his/her designees.
3. The supervisor of the Office of Professional Standards shall conduct an annual
analysis of grievances and file a report with the Chief of Police [CALEA
25.1.3].
25.1 Grievance Procedures Page 2 of 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 35.1.1 Performance Evaluation/Personnel Early
Warning System
Effective Date:
Reference:
Version: 1
CALEA: 35.1.1, 35.1.2, 35.1.3, 35.1.4, 35.1.5, 35.1.6, 35.1.7, 35.1.8,
35.1.9
No. Pages: 4
I. Purpose
The purpose of this policy is to establish the procedures that enable the Fayetteville Police
Department to execute its performance evaluation and personnel early warning system. This
policy is designed to support the City of Fayetteville's Policy and Procedure HR -06
"Performance Evaluation" and covers additional requirements of the Fayetteville Police
Department not covered in the city's policy.
II. Policy
A. Probationary Employees
Probationary employees are officers in their first year of employment. A separate set of criteria
is important in the rating of personnel on probation in order to determine, at the earliest point,
their suitability for their current position. [CALEA 35.1.3]
1. All probationary employees of the Fayetteville Police Department will be provided a
written performance evaluation report quarterly during the probationary period.
2. The supervisor of the Field Training Officer Program will complete quarterly reports
during the probationary period.
3. A "quarterly evaluation form" will be utilized and may be supported by FTO Daily
Observation Reports (DOR) and FTO six-week phase reports.
B. Non -Probationary and Civilian Employees
1. Supervisors will be trained on how to do job performance evaluations through the
City of Fayetteville Human Resources Division. [CALEA 35.1.1 d]
2. Supervisors of non -probationary employees shall notify non -probationary employees
in writing whenever their performance is deemed to be unsatisfactory. [CALEA
35.1.6]
3. Non -probationary and civilian employees shall be evaluated yearly by their
immediate supervisor utilizing the prescribed evaluation form. [CALEA 35.1.2]
4. The employee's supervisor shall notify the employee whenever the employee's
performance is deemed to be unsatisfactory.
35.1.1 Performance Evaluation Page 1 of 4
5. Supervisors should be prepared to substantiate ratings at the unsatisfactory level, to
advise the employee of unsatisfactory performance, and to define actions that should
be taken to improve his or her performance.
C. Consultation with Employee
1. Each employee should be counseled at the conclusion of the rating period in the
following areas [CALEA 35.1.7]:
a. Results of the performance evaluation. Supervisors should incorporate the
results of the performance evaluation during the employee consultation
[CALEA 35.1.7 a.].
b. Level of performance expected, rating criteria or goals for the new reporting
period. Supervisors must provide goals for the new reporting period .as
required in the City of Fayetteville Performance Evaluation Form [CALEA
35.1.7 b.].
c. Career counseling relative to such topics as advancement, specialization, or
training appropriate for the employee's position. The presentation of an
employee's annual performance evaluation is an opportune time for
supervisors to discuss these three topics and to discuss training needs and
opportunities, educational opportunities, lateral transfer and promotional
opportunities, and areas of achievement and areas for improvement
[CALEA 35.1.7 c.].
2. A copy of the completed evaluation report will be provided to the employee by
printed copy or electronic record [CALEA 35.1.5 e.]. The original evaluation will be
filed in the employee's personnel file at the Human Resources Department. [CALEA
35.1.5 g]
D. Appeals
The Chief of Police will be the final level of authority on appeals for personnel who contest an
evaluation report [CALEA 35.1.5 f.]:
1. If an employee contests an evaluation report, an employee will have the right to
appeal the evaluation report to the authoring supervisor's supervisor within ten
calendar days of receipt of the evaluation,
2. At that point, the authoring supervisor's supervisor will conduct a review of the
evaluation report to include corresponding documents and interviews of personnel
involved.
3. If the authoring supervisor's supervisor determines any changes are required, they
will be made part of the official evaluation report.
E. Rating Evaluation
Raters involved in completing evaluation forms on subordinates should be evaluated by their
supervisors regarding the quality of ratings given employees [CALEA 35.1.8]
35.1.1 Performance Evaluation Page 2 of 4
1. A section to conduct this evaluation is found in each Supervisor Performance Review
Form.
2. As part of this evaluation, supervisors may also use the respective evaluator's
comment section and goals' section to describe the fairness and impartiality of ratings,
participation in counseling rated employees, and their ability to carry out the rater's
role as part of the performance evaluation system.
F. Personnel Early Warning System
1. The Fayetteville Police Department will operate a Personnel Early Warning System
that will be maintained by the supervisor assigned to Officer of Professional
Standards OPS [CALEA 35.1.9 a.]. The system is designed to attempt to identify and
rectify an underlying problem an employee may be having which affects job
performance; it is not designed to be utilized as a disciplinary tool.
a. The department will utilize software tracking system and document
incidents per officer involving citizen complaints, disciplinary actions, use
of force incidents, OPS reports, and officer involved traffic accidents.
b. The Personnel Early Warning System should both increase agency
accountability and offer employees a better opportunity and understanding
to meet the agency's goals.
2. The OPS supervisor shall monitor the Personnel Early Warning Tracking System and,
when alerted, shall conduct a review of the circumstances causing the alert and make
recommendations to the Chief of Police, if necessary. The Personnel Early Warning
System may be activated under any of the following listed circumstances. [CALEA
35.1.9 b]
a. An employee is the subject of four OPS complaints within an eighteen -
month time span;
b. An employee is considered to be at fault in two collisions within a sixty-day
time span;
c. An employee is involved in two pursuits in a sixty-day time span;
d. An employee is involved in five use of force incidents in a sixty-day time
span;
e. An employee is involved in a combination of five of the aforementioned
situations in a six-month time span.
3. The roles of first and second level supervisors, sergeants and lieutenants for sworn
personnel, are critical in an effective Personnel Early Warning System [CALEA
35.1.9 d.].
a. First level supervisors, sergeants for sworn personnel, are charged with the
day to day monitoring of each employee assigned under their command.
Incidents described that apply to the Personnel Early Warning System
should be documented and provided to the second level supervisor,
lieutenants for sworn personnel.
b. Second level supervisors, lieutenants for sworn personnel, shall insure that
this documentation is reported to the supervisor of OPS so the information
35.1.1 Performance Evaluation Page 3 of 4
can be documented into the Personnel Early Warning System and tracked
for future use.
c. Front line supervisors, sergeants for sworn personnel, may also be utilized
for counseling with the employee and documentation that an employee is
aware of a potential problem and is addressing the issue in an appropriate
manner.
4. Remedial action, employee assistance, and peer counseling for an employee will
ultimately be decided by Administration [CALEA 35.1.9 e, f].
a. The Personnel Early Warning System is designed to address escalating
patterns of less serious misconduct with an end goal of preventing more
serious cases of misconduct amongst employees.
5. The supervisor assigned to OPS will conduct a yearly evaluation of the Personnel
Early Warning System and provide findings in a report to the Chief of Police
[CALEA 35.1.9 c.].
35.1.1 Performance Evaluation Page 4 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 61.4.3 Towed Vehicles
Effective Date:
Reference:
Version: 1
CALEA: 61.4.3
No. Pages: 4
I. PURPOSE
It is the purpose of this policy to provide guidelines for towing and impounding motor vehicles.
II. POLICY
Officers are routinely faced with the question of whether to impound or tow motor vehicles for
purposes of safekeeping property, securing evidence, protecting the public, or securing property
under asset forfeiture statutes, among other reasons. This policy provides guidelines that officers
should use to decide issues related to the ownership of and procedures for impounding motor
vehicles.
III. DEFINITIONS:
1. Unattended: any vehicle left on public property without the consent of an authority in
charge of such property or on or near a public way without some person in possession
of such vehicle.
2. Abandoned: any vehicle deemed to be unattended as defined in this section [CALEA
61.4.3 a.]:[ ---
a. When it is apparent the owner does not intend to retake possession.
b. When it remains unattended for a period of thirty (30) days, during which the
owner has given no evidence of intent to retake possession.
3. Public way: any road, highway, street, etc. over which the public may travel,
including the paved surface and any berm or shoulder thereof. (Does not include
private property).
4. Removal: an officer of this department may request CDC to call a towing service.
5. Investigative Hold: a temporary hold on an impounded vehicle for investigative
purposes.
61.4.3 Towed Vehicles Page 1 of 4
Comment Language changed to mirror
city ordinance.
6. Other Hold: a temporary hold placed on an impounded vehicle for reasons other than
investigative purposes.
7. Vehicle impoundment: to remove or cause to be removed a vehicle from a street,
highway, shoulder, or other public way by an officer and stored in a designated
impound yard.
IV. PROCEDURES
1. Except in those instances where an emergency exists, or where the immediate
clearing of a public thorough fare calls for an expedited towing service, owners shall
be given preference of a towing service.)
2. When an officer orders a vehicle towed or impounded, the officer is to inventory the
vehicle, including the interior, trunk/cargo area, glove box, all compartments and
under seats. All closed/locked containers found during the inventory shall be opened.
Caution should be given to ensure no damage is done to personal property. A "Tow
Vehicle Inventory" form shall be completed by the officer towing the vehicle. A copy
of the report will be provided to the tow company and to the owner/operator of
vehicle. If the owner/operator is not available, a copy of the report will be left inside
the vehicle. A third copy of the report will be kept for department files [CALEA
61.4.3 c.].
a. This includes vehicles impounded or towed for the following: incidental to an
arrest, hit and run accident, stolen, abandoned or unattended vehicles, as well
as, involvement in any criminal activity.
b Officers should use caution during the inventory process to not contaminate or
destroy the evidentiary value of the property in question.)
c. This procedure does not include vehicles that are towed at the request of the
owner or operator because of malfunction or accident.
d. Damage to the vehicle other than normal wear should be described in the
section for damage. Note whether the damage appears to be new or old.
3. Officer(s) shall take appropriate enforcement action if during an inventory evidence,
contraband or proceeds/instruments of a crime are discovered.
4. Seized vehicles - Motor vehicles shall not be impounded for purposes other than
those defined by statute or ordinance, (e.g., not as a form of punishment, or to hold
the vehicle hostage until the owner produces certain information or persons, or
as a means of conducting vehicle searches when probable cause does not exist or
consent to search cannot be obtained). A Criminal Investigation Division
supervisor shall be consulted to authorize the seizure of a vehicle. Investigation
personnel will ensure proper documentation is completed concerning the seizure of a
vehicle i.e. Vehicle Notification form, CID -7 receipt form, etc. A "Tow Vehicle
Inventory" form will be completed.
5. Criteria for vehicle impoundment - officers may impound vehicles in the following
situations [CALEA 61.4.3 b.]:
61.4.3 Towed Vehicles Page 2 of 4
Comment: Language added to reflect
current practices
Comment: Language added for
evidentiary purposes
a. When a vehicle is evidence in a crime or the vehicle needs to be held for
investigative purposes.
b. When a vehicle is confiscated pursuant to law.
c. When a vehicle has been abandoned. The driver has been arrested and the
vehicle is left unattended in a location which would constitute a traffic hazard
or is highly susceptible to damage or vandalism. This includes private
property which is open to the public.
d. When the vehicle in question has been reported stolen and the owner cannot
be notified or is unable to come to the scene and take possession of the
recovered vehicle within a reasonable amount of time.
e. When a vehicle has been marked for tow and is parked or left standing in the
same location on a city street in excess of 24 hours.
f. When the owner or operator specifically requests and authorizes the
impoundment.
g. When the owner or operator has been involved in an accident or has been
taken into custody and is not physically, mentally, or legally capable of
driving the vehicle or of giving consent to leave it.
6. Alternatives to Vehicle Impoundment - officers may offer the owner/operator one of
the following options for the disposition of the vehicle:
a. Allow a responsible person who possesses a valid operator's license to assume
responsibility of the vehicle and its contents.
b. Summon a person of the owner/operator's choice to come to the scene, in a
timely manner, to take custody of the vehicle.
c. Properly park and secure the vehicle.
7. Inventory of motor vehicles [CALEA 61.4.3 c.]:
a. If items of obvious value are located inside the vehicle, or a container therein,
which should be stored separately from the vehicle, it is the duty of the officer
conducting the inventory to record the nature of the valuable item, the
condition of the valuable item and the location where this item is stored. A
copy of the inventory should be made available to the owner/operator of the
vehicle and a copy of the inventory for the wrecker/storage company.
b. Care should be taken during inventory to avoid damaging the vehicle or any
of its contents.
8. Owner Notification:[
a. Officers towing unattended vehicles must attempt to notify the registered
owner of the vehicle's location prior to the end of his/her working shift. If
such notification is not possible, the officer should notify the immediate on-
coming supervisor to ensure the notification process is continued.
b. Officers towing unattended vehicles used in the commission of a crime or that
are stolen should notify the Criminal Investigations Division supervisor for
61.4.3 Towed Vehicles Page 3 of 4
Comment: Owner notification added to
meet CALEA standard
evidentiary purposes. Owner notification of such vehicles shall by completed
by CID personnel.
9. Private Property [CALEA 61.4.3 b.]:[
a. Vehicles on private property may be subject to towing by the owner of the
property. The owner of the property will be required to contact the wrecker
service of their choice.
b. A tow company performing a non-consensual tow off of private property will
either call the information (location, vehicle description, etc.) into the Central
Dispatch Center or submit it by fax. The Central Dispatch Center, in turn,
will provide the tow company the name of the registered owner and/or lien
holder of the vehicle. This information is then entered in the department's
records management system.
61.4.3 Towed Vehicles Page 4 of 4
Comment: Section added to meet
CALEA standard. Language mirrors city.
ordinance
Greg Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/4/2011
City Council Meeting Date
Agenda Items Only
Police
Division
Action Required:
Police
Department
Staff seeks council approval of a resolution to adopt Fayetteville Police Department Policies: 25.1 Grievance
Procedures, 35.1 Performance Evaluation and 61.4.3 Towed Vehicles.
$0
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance
Budget Adjustment Attached
Fund Name
Fina•ce .nd Internal Services Director
Chief o15
Ark
ay.
Date
Date
Date
2l 4tno,� 1I
Date
e
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 9 -1 5- 1 1 A09:24 R C V D
Clerk's Office
Received in
Mayor's Office
I;,
ED
9 2'
Comments:
Revised January 15, 2009
wive teville
THE CITY OF FAYETTEVILLE, ARKANSAS
POLICE DEPARTMENT
100-A West Rock Street
Fayetteville, AR 72701
P (479) 587-3555 F (479) 587-3522
ARKANSAS
www.accessfayetteville.org
To: Mayor Lioneld Jordan and City Council
From: Greg Tabor, Chief of Police"
Date: Friday, September 16, 2011
Re: Police Department Policy and Procedures
Recommendation:
Council approves a resolution adopting Fayetteville Police Department Policies: 25.1, Grievance Procedures;
35.1, Performance Evaluation and 61.43, Towed Vehicles.
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:
None
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
(9/16/2011) Sondra Smith - Policy Review Seite 1
From: Rob Turberville
To: Smith, Sondra
Date: 9/16/2011 9:11 AM
Subject: Policy Review
Attachments: 25.1 Grievance Procedures.doc; 35.1.1 Performance Evaluation -Personnel Earl
y Warning System.2.doc; 61.4.3 Towed Vehicles.doc
Sondra,
The attached will be forwarded in a routing envelope; however, this e-mail is provided for your
convenience.
You may note, these policy drafts were submitted in July for council approval but were pulled in order to
allow further scrutiny by the City Attorney and HR Department. This process was completed rather
quickly; however, due to a broken arm, I was delayed in getting this back to you until now.
Policy 25.1, Grievance Procedures - This is a new policy mandated by CALEA standards.
Policy 35.1.1, Performance Evaluations - As you are aware, the department has conducted evaluations
for years; however, a formal policy has not been on the books specifically for the department, as
mandated by CALEA standards.
Policy 61.4.3, Towed Vehicles - This policy was previously entitled as "Inventory of Towed Vehicles". We
made a few changes for CALEA standards, to reflect current practices and to mirror existing city
ordinance. The changes are marked.
Lt. Rob Turberville
Fayetteville Police Dept.
479/587-3500
rturberville@ci.fayetteville.ar.us
TDD(Telecommunications Device for the Deaf): 479/521-1316
RESOLUTION NO.
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLIC I F S 25.1 GRIEVANCE PROCEDURES, 35.1 PERFORMANCE
EVALUATION, AND 61.4.3 TOWED VEHICLES
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
Fayetteville Police Department policies 25.1 Grievance Procedures, 35.1 Performance
Evaluation, and 61.4.3 Towed Vehicles. A copy of the policies, marked as Exhibit "A", is
attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of October, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer