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HomeMy WebLinkAbout56-11 RESOLUTIONRESOLUTION NO. 56-11 A RESOLUTION APPROVING AMENDMENTS TO FAYETTEVILLE POLICE DEPARTMENT POLICIES 16.2.3 TEMPORARY LIGHT DUTY, 41.1.4 BICYCLE PATROL, 41.3.5 GROOMING AND UNIFORM REQUIREMENTS, AND 52.1.1 OFFICE OF PROFESSIONAL STANDARDS 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 16.2.3 Temporary Light Duty, 41.1.4 Bicycle Patrol, 41.3.5 Grooming and Uniform Requirements, and 52.1.1 Office of Professional Standards. A copy of the amended policies, marked as Exhibit "A", is attached hereto and made a part hereof. PASSED and APPROVED this 5th day of April, 2011. APPROVED: ATTEST: 10 ELD JO i , Mayor By: o',.-o(A4,ki 6,4ibaL) SONDRA E. SMITH, City Clerk/Treasurer 1U!Vf 6-4"0,, 0., .0. z °.011 °.'`'.-gs I :FAYETTEVILLE.: 2. c.,.. /.. .,...- VOL. 4?..KA 1•0.:" NV `4:474, ' ' "' CP •,,,,' 40241/1210'vt% FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 16.2.3 Temporary Light Duty Effective Date: Reference: Version: 1 CALEA: 16.2.3 No. Pages: 4 I. PURPOSE It is the purpose of this policy to establish the authority for temporary light-duty assignments and procedures for granting temporary light duty to eligible officers and civilian personnel within this agency. [CALEA 16.2.3] II. POLICY Temporary light-duty assignments, when already in existence within the Police Department, are Deleted: available for officers and other eligible personnel. For medical issues that are work related, if theyolice - Deleted: in this agency who, because Depattment does not have light duty assignments available, the City's Human Resources L of injury, illness or disability, Department will act as a clearinghouse in locating a temporary light duty assignment elsewhere in the City where the Police Department employee will receive his/her normal pay from the Police Department while performing light duty in another City Department/Division. For medical issues that are not work related, if the Police Department does not have light duty assignments available, the employee will be off work and may utilize his/her accrued leave banks as needed. , Use of temporary light duty can provide employees with an opportunity to remain productive while convalescing as well as provide a work option for employees who may otherwise risk their health and the safety of others by remaining on duty when physically or mentally unfit for their regular assignment. Therefore, it is the policy of this agency that eligible personnel are given a reasonable opportunity to work in temporary light-duty assignments where available and consistent with this policy. III. DEFINITIONS Deleted: are temporarily unable to perform their regular assignments but who are capable of performing alternative duty assignments. Eligible Personnel: For the purposes of this policy, any sworn or civilian member of this department suffering from medically certified illness, injury or disability requiring treatment of a licensed health-care provider and who, because 4z4 medical issues is temporarily unable to Deleted: injury, illness or disability, j perform the regular assignment but is capable of performing alternative assignments. Family and Medical Leave Act (FMLA): Federal law providing for up to 12 weeks of unpaid annual leave for workers. FMLA is used concurrently, not in addition to paid leave provided by this agency, - due to illness, injury or certain other family conditions/situations. 16.2.3 Temporary Light Duty Page 1 of 4 IV. PROCEDURES A. General Provisions 1. Temporary light-duty positions are limited in number and variety. Assignments may be changed at any time. 2. This policy in no way affects the privileges of employees under provisions of the • , Family and Medical Leave Act, Fair Labor Standards Act, American with Disabilities Act, or other federal or state law. 3. Assignment to temporary light duty shall not affect an employee's pay classification, pay increases, promotions, retirement benefits or other employee benefits. 4. No specific position within this agency shall be established for use as a temporary light-duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary light duty. 5. Light-duty assignments are strictly temporary and normally should not exceed six months in duration. After six months, personnel on temporary light duty who are not capable of returning to their original duty assignment shall: a. Present a request for extension of temporary light duty, with supporting documentation, to the Chief of Police or his designate„_ b. Light duty assignments will not continue past the time the employee reaches a ; level of maximum medical improvement. At that time, the employee should pursue other options as provided by employment provisions of this agency or federal or state law. 6. Officers on temporary light duty are prohibited from engaging in outside employment in which they may reasonably be expected to perform law enforcement functions for which they have been determined physically or mentally unable to perform on behalf of this department and that form the basis for their temporary light-duty assignment. 7. Depending upon the nature and extent of the disability, an officer on temporary light duty shall be prohibited or restricted from wearing the department uniform, carrying the service weapon or otherwise limited in employing police powers as determined by the Chief of Police so long as such limitation is consistent with the provisions of IV -B and IV -C of the policy. 8. Light-duty assignments shall not be made for disciplinary purposes. 9. jf an employee refuses a temporary light-duty assignmei4 that 4'1 supported by and consistent with the recommendations of an attending physician or certified health- care provider, the employee may (by operation of law) be denied workers compensation disability payments for work related medical issues, and in any event will be sent home and will normally need to utilize his/her accrued leave benefits in order to continue being paid. 16.2.3 Temporary Light Duty Page 2 of 4 Comment: Deleted language: upon the approval of the lieating physician, if deemed in the best interest of the employee or agency Deleted: <#>Personnel injured or otherwise disabled in the line of duty shall be given preference in initial assignment to light duty; andll <#>Assignments may be changed at any time.1 Deleted: In the event of a conflict between this policy and the law, the law shall control.' Deleted: continue past the time the employee reaches a level of maximum medical improvement The City does not create or assign permanent light duty assignments for individuals. Inserted: continue past the time the employee reaches a level of maximum medical improvement Inserted: The City does not create or assign permanent light duty assignments for individuals. Comment: Amended from "may be prohibited" -( Deleted: Officers may not Deleted: s Deleted: are B. Temporary Light -Duty Assignments 1. Temporary light-duty assignments may be drawn from a range of technical and administrative areas that include but are not limited to the following: a. Administrative functions b. Clerical Functions c. Desk Assignments d. Report Taking e. Communications f. Property/Evidence 2. In addition to other considerations included in ,this policy, decisions on temporary light-duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's knowledge, skills and abilities; availability of light- duty assignments; and the physical limitations imposed on the officer. 3. Every effort shall be made to assign officers to positions consistent with their rank and pay classifications. However, where deemed appropriate, personnel may be assigned to positions designated for personnel of lower rank or pay classification. Officers thus assigned shall: a. Retain the privileges of their rank but shall answer to the supervisory officer of the unit to which they are assigned with regard to work responsibilities and performances; and b. Retain the pay classification and related benefits of the position held prior to their assignment to temporary light duty. C. Requests for and Assignment to Temporary Light Duty 1. Requests for temporary light-duty assignments shall be submitted to the employee's immediate supervisor. Requests must be accompanied by a statement of medical certification to support either by the treating physician or other licensed health-care provider. The certificate must include an assessment of the nature and probable duration of the disability and any restrictions. Such medical documents should be then forwarded by the ,department to Human Resources for filing_ in the employee's secure medical file. 2. The request for temporary light duty and a copy of the physician's statement shall be forwarded through the chain of command to the Chief of Police a. Subject to applicable laws pertaining to workers compensation, HIPAA, and the Family and Medical Leave Act, this department may require the employee to submit to an independent medical examination by a health provider., 3. All employees with work related medical issues should be assessed for potential light duty assignments. Any employee who has not requested temporary light duty may be recommended for such assignment by submission of a request from the employee's 16.2.3 Temporary Light Duty Page 3 of 4 _ - Deleted: IV -A-1 of Comment: Deleted language: and an acknowledgement by the health care provider of familiarity with the light duty assignment and the fact the employee can physically assume the duties involved. Deleted: supervisor Comment Deleted language: to the department's personnel authority, who shall make a recommendation to the Chief of Police Deleted: of the department's choosing. In the event the opinion of this second health provider differs from the foregoing health provider, the employee may request a third opinion at the employer's expense(' The employee and representatives of this department shall cooperate and act in good faith in selecting any third health- care provider, and both parties shall be bound by that medical decision. immediate supervisor. Such a request must be accompanied by an evaluation of the employee conducted by a competent medical authority expressing the need for temporary light duty or by a request/order for a medical or psychological fitness -for - duty examination. Notice shall be provided to the employee of the proposed temporary light-duty assignment together with justification for the recommendation. 4. As a condition of continued assignment to temporary light duty, officers shall be required to submit iphysical assessments of their condition as specified by a competent - -{ Comment: Deleted language: monthly medical authority. D. Pregnant Officers 1. Pregnant officers are eligible for temporary light-duty assignments as available and as appropriate to their physical capabilities and well-being. 2. Where appropriate temporary light-duty assignments are unavailable, pregnant officers may pursue other forms of medical, disability or family leave (FMLA) as provided by this agency, by the City's offered insurance benefits, and state or federal law. 3. Pregnant officers shall submit physician's medical certificates that document: a. The officer's physical ability to perform the present assigned duties, b. The physician's appraisal that the type of work being performed will not injure the officer or her expected child, and c. Any recommended duty restrictions or modifications including temporary light duty. 4. Pregnant officers shall be permitted to continue working on regular duty or temporary light-duty assignments as long as they present physician certificates or until such time as a physician recommends that work be curtailed. 16.2.3 Temporary Light Duty Page 4 of 4 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.1.4 Bicycle Patrol Effective Date: Reference: Version: 1 CALEA: 41.1.3 a b, c, d No. Pages: 3 I. PURPOSE The purpose of this directive is to state policies relating to the organization, administration and operations of the bike patrol component of the Fayetteville Police Department. II. DISCUSSION The Fayetteville Police Department shall implement and staff a bicycle patrol unit. This is a special method of patrol and members will provide first-line police services in the areas to which they are assigned. These areas will be dictated by the Chief of Police. The bicycle patrol unit is to serve as an effective proactive force in crime prevention, crime detection and enforcement! _ _ 1. Officer Assignment - Officers assigned to the bike patrol should meet the following minimum requirements [CALEA 41.1.3 b]: a. The number of full-time/part-time officers assigned to the bike patrol will be determined by the Chief of Police or his designee. b. Officers must successfully complete the department's prescribed training course for police mountain bike patrol. c. Officers must be in good physical condition to undergo the rigors of long term bicycle riding. d. Officers must present a professional image and be capable of interacting with the public in a positive and friendly manner. 2. Duties and Responsibilities - Officers assigned to the bike patrol share the same duties and responsibilities as all other officers assigned to the patrol division and additionally: a. Perform patrol duties in designated target areas as determined by the Chief of Police or his designee. b. For officer safety reasons, it is preferred that officers patrol in two person teams. c. Bike patrol officers will ride in all acceptable weather Officers must be willing to ride in inclement weather and fill shift vacancies at the direction of the supervisor. In inclement weather the bike patrol or on -duty patrol supervisor will determine whether or not to terminate the bike patrol function for that period. 41.1.4 Bicycle Patrol Page 1 of 3 Comment: Deleted language: Bike officers are governed by all policies set forth in section II, number 41.1.1 of this manual. Comment: Deleted bullet: Officers must be willing to ride in inclimate weather and fill shift vacancies at the direction of the supervisor. Merged it into bullet C below d. Officers will never operate a police department bike without the required safety equipment. (See maintenance and equipment section) e. Officers will not expose the bikes to unreasonable hazards or abuse, except in situations that pose a threat to the safety of any person. f. Officers will inspect their bikes at the beginning of each shift to ensure that the bike is functioning properly and all safety equipment is in good working order. g. The police mountain bike is not a legal emergency vehicle by state standards. When being ridden in an emergency situation, officers must exercise extreme caution at all times. h. Officers will not use the bike as a weapon beyond their scope of training, unless faced with a deadly force situation. (See section 1.3.1) 3. Uniforms and Equipment - Officers assigned to the Fayetteville Police Department Bike Patrol are only authorized to wear uniforms and equipment approved by the Chief of Police. These items include, but are not limited to [CALEA 41.1.3 d] : a. Uniforms and special equipment will be issued by the quartermaster.'L - - b. Only departmental approved helmets meeting ANSI, ASTM, or SNELL safety guidelines will be worn by any on -duty bike officers. c. Officers will ensure that all equipment and tools are returned to their proper location at the end of their shift. d. Officers are prohibited from operating a police department bike unless they are wearing departmentally approved eye wear, gloves and a properly fitted helmet. 4. Maintenance -Bike patrol officers are required to take an active role in the maintenance and day to day care of the department issued bikes. [CALEA 41.1.3 c] a. Officers are responsible for minor maintenance, repairs, and cleaning of their bikes. This will increase the life of the equipment and maintain a professional image. Officers should never attempt a repair which is beyond their scope of training and ability. b. Officers are required to report all major repair needs to a bike maintenance officer as soon as possible via the bike repair/maintenance form. c. Officers will inspect their bikes at the beginning of each shift to ensure that the bike is functioning properly and all safety equipment is in working order. d. The bike patrols trained maintenance officers will be responsible for maintaining repair and maintenance logs on each department bike. They will also ensure that all bikes are in good working order at all times and that a good supply of replacement parts is always on hand. e. Bikes are an expensive piece of equipment that reacts poorly to abuse and neglect. Officers are required to treat the bikes accordingly and never subject them to unnecessary abuse or technical riding conditions that exceed the officer's abilities. f. At the beginning of each shift officers will check to ensure each bike is equipped with the tools necessary to make minor field repairs. g. Under no circumstances will non -bike patrol personnel be allowed to remove department purchased tools or equipment from the maintenance area. 41.1.4 Bicycle Patrol Page 2 of 3 Comment: Deleted unifonn specs and added them to the uniform regulations manual 5. Operational Considerations - Bikes area valuable tool to police officers. Along with the benefits come some dangers and tactical considerations. The following policies will be strictly adhered to by Fayetteville Police Department bike patrol officers [CALEA 41.1.3 a]: a. Under normal conditions bike officers will follow all state and local laws governing the operation of motor vehicles and bicycles on public roadways. b. During hours of low light bikes will not be operated in traffic without the use of headlights and taillights. c. Officers shall not discharge a firearm from a moving bicycle except as the ultimate measure of self defense or defense of another person. - d. Officers will not ride along side a moving suspect vehicle in an attempt to gain the drivers attention. The contact officer should make an attempt from the left rear corner of the suspect's vehicle. e. Anytime an officer is operating a bike on a sidewalk or any pedestrian specific path, the officer is required to maintain a reasonably slow speed and yield to all pedestrian traffic. 6. Training - All patrol officers assigned to the bicycle patrol unit will be required to attend a department approved police cyclist training course prior to beginning their bike patrol duties. Bike officers will be evaluated annualli on their bike handling and patrol skills. Officers failing to meet minimum requirements will be required to attend in service training to improve their skills. The bike patrol supervisor(s) will document and assess the officer's progress to make a determination if the officer is capable to continue in the current assignment. 41.1.4 Bicycle Patrol Page 3 of 3 - Comment: Language mat:aided to mirror prohibition of discharging a firearm from a moving wine' de Comment: Deleted bullet Bike officers are required to wear helmet, gloves and eye protection during firearms training and qualification - Comment: Amended from six months FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.3.5 Grooming & Uniform Requirements Effective Date: Reference: Version: 1 CALEA: 1.3.9 a,b; 22.2.5; 41.3.4,5,6 No. Pages: 6 I. PURPOSE The individual officer and the department are often judged by the public depending upon the personal appearance of the uniformed officers in particular and all employees in general. Maintaining a professional appearance is critically important to fostering public trust and confidence in law enforcement. The purpose of this policy is to provide grooming and uniform standard guidelines for employees of this department, which will reflect a high standard of professionalism to the public. II. POLICY Members of the Fayetteville Police Department shall be neat and clean at all times while on duty. All sworn personnel shall comply with the following grooming and uniform standards unless excluded by the Police Chief due to special assignments. No member of the department shall wear his uniform or any part of his uniform while he is on administrative leave or under suspension. For current uniform specifications refer to the Uniform Regulations Book maintained [on the computer network, the squad room and in the Quartermaster's office. III. PROCEDURES All sworn personnel of the Fayetteville Police Department are subject to uniform inspections on a daily basis by [any supervisor. Uniformed personnel are to keep their uniform neat, clean and free from defects. All authorized uniform items referred to in this policy and in the Uniform Regulations Book are supplied and issued by the Fayetteville Police Department Quartersnaster except for the Extreme Cold Weather Cap. [CALEA 22.2.5, and CALEA 41.3.4] If specified as a department replacement, defective items shall be replaced through the quartermaster:. Non - uniformed personnel are subject to the same standards and inspections as uniformed personnel. Officers replacing items through the quartermaster must submit a "Uniform and Equicpment replacement form" signed by their supervisor. Failure to maintain appearance standards will be noted on your annual evaluation. Repeated failure to maintain proper appearance standards could lead to disciplinary action. 41.3.5 Grooming & Uniform Requirements Pae 1 of 6 Comment: Language changed from "shift Lieutenant's Office" Comment: Language changed from "Chief of Police or his designee" IV. GROOMING 1. Hair: The Chief of Police retains the right to approve or disapprove of any hairstyle, which may cause an unfavorable reflection(s) upon the department. a. Male - Hair shall be neat, clean, trimmed, and shall present a groomed appearance. Hair will not cover any part of the ears or the collar except the closely cut hair on the back of the neck. Hair in front will be groomed so that it does not fall below the band of properly worn headgear. In no case will the bulk or length of the hair interfere with the proper wear of any authorized headgear. b. Female - Hair shall be worn in a fashion not to create the risk of injury to them. Hair must not hang loose on the collar and must be able to wear authorized headgear properly. 2. Sideburns: If a member chooses to wear sideburns, they will be neatly trimmed and tapered in the same manner as his haircut. Sideburns will not extend below the lowest part of the ear, will be of even width (not flared), and will end with a clean-shaven horizontal line. 3. Mustaches: A short and neatly trimmed mustache may be worn, but shall not extend over the top of the upper lip or beyond the corners of the mouth, and shall not protrude more than one- half inch from the skin surface of the face. 4. Beards and Goatees: The face will be clean-shaven other than the wearing of the acceptable mustache or sideburns. Beards and goatees are prohibited. Only the Chief of Police may approve the wearing of beards or goatees. 5. Wigs: Wigs or hairpieces will not be worn on duty except for cosmetic reasons to cover natural baldness or physical disfiguration. If a wig or hairpiece is worn, it will conform to department grooming standards. 6. Jewelry: a. Male - Uniformed officers may wear watches and wedding bands. Medical alert bracelets may be worn with the approval of the Chief of Police. At no time while on duty will officers be permitted to wear earrings or other ornaments attached to body. b. Female - Uniformed officers may wear watches, wedding bands and post earrings which do not protrude from the ear lobe more than 1/4 inch. If the earrings are worn, the employee will wear one earring in each ear lobe. 7. Tattoos: Tattoos and brands above the collarbone and below the wrists are prohibited. Officers in uniform and non-uniform assignments are prohibited from displaying any tattoo, brand or intentional scarring while on -duty or while representing the Department in any other manner. a. Any current officer in a uniformed assignment with an existing tattoo or brand that is visible while wearing the alternate summer uniform or a short -sleeved shirt shall have the following options: (1) Wear the standard uniform with a long-sleeved shirt, (2) Cover the tattoo or brand with a skin -tone patch. A skin -tone patch shall not be an option to cover a tattoo or brand on the officer's leg(s). (3) Have the tattoo or brand removed at the officer's expense. 41.3.5 Grooming & Uniform Requirements Page 2 of 6 c. Officers in non -uniformed assignment shall have the following options to cover any visible tattoo or brand: (I) Cover with appropriate clothing, (2) Cover the tattoo or brand with a skin -tone patch. A skin -tone patch shall not be an option to cover a tattoo or brand on the officer's leg(s). Have the tattoo or brand removed at the officer's expense. (3) d. When deemed operationally necessary, officers in undercover assignments may display tattoos or brands with the approval of the Chief of Police. 8. Body Piercing: Body piercing of the face, head, and mouth not only detracts from a professional appearance, but also poses a serious risk and potential for injury in a confrontational situation, and shall not be wont by any officer of the Department when representing the Department. a. With the exception of pierced ears, body piercing of the face, head, and mouth detracts from a professional appearance and is not authorized for wear by any personnel when representing the department. b. Any body piercing, which is not concealed by the authorized uniform or plainclothes, is prohibited for wear by any personnel when representing the department. c. When deemed operationally necessary-, officers in undercover assignments may display body piercing with the approval of the Chief of Police. 9. Dental Ornamentation: Officers shall not have dental ornamentation. The use of gold, platinum, silver or other veneer cws for the purposes of ornamentation is prohibited. Teeth whether natural, capped or veneered shall not be ornamented with designs, jewels, initials, etc. V. UNIFORMS Officers will be required to wear a uniform as authorized by the Chief of Police. Uniform specifications will be listed in a Uniform Regulations Book maintained ion the computer network, - - the squad room as well as the Quartermaster's office. Class "A" uniforms will be the department issued dark navy color long sleeve shirt and pants without cargo pockets. Class "A"' uniforms will be worn with department issued badge, name tag, collar brass, whistle chain, two pens/pencils, tie, leather gear, duty boots or shoes and duty hat when directed by the Chief of Police. The whistle chain will be attached to the right shoulder epaulet button with the whistle (optional) stored inside the right shirt pocket. Class "A" uniforms are authorized for day to day patrol activities and special occasions such as ceremonies, funeral, special events or any other event authorized by the Chief of Police. Class "B" uniforms will be the department issued dark navy color long, or short, sleeve shirt and pants with, or without, cargo pockets. Class '"B" uniforms will be worn with department issued badge, name tag, collar brass, whistle chain (optional), two pens/pencils, leather or web -gear duty belt, duty boots or shoes and duty hat or stocking cap (optional). A black crew neck type t - shirt will be worn underneath all short sleeve uniforms. A black crew neck t -shirt or mock neck type shirt will be worn underneath all long sleeve uniforms. Class "B" uniforms are authorized for day to day patrol activities or any other event authorized by the Chief of Police. L 41.3.5 Grooming & Uniform Requirements Page 3 of 6 Comment: Deleted from "in the shift Lieutenant's office" Comment: Deleted language: Each officer assigned to uniform patrol will be issued three class "AT long sleeve shirts and three class "A" chess pants. Officers not currently assigned to patrol will be issued one class "A" long sleeve shirt and one class "A" dress pant. Comment: Deleted language: Each officer assigned to unifonn patrol will be issued three short sleeve shirts and three cargo pants. Officers not currently assigned to patrol will be issued on short sleeve shirt and one cargo pant. Class "C" uniforms will be the department issued navy color BDU pant and long, or short, sleeve Fayetteville Police Department t -shirt. Class "C' uniforms will be worn with department issued web gear, duty boots and baseball cap (optional). Class "C" uniforms are authorized for man hunts, K-9 call -outs, training involving physical activity or during any other event authorized by the Chief of Police. The Chief of Police will authorize special uniforms as necessary (i.e. Administrative Personnel, Emergency Response Team, Honor Guard, etc.). 1. Duty Belt: Officers will be issued a leather and web -gear duty belt with matching accessories. Items to be worn on the duty belt consist of holster with gun, double magazine pouch with magazines, flashlight and flashlight holdeir, portable radio holder with radio, handcuff case with handcuffs, keepers, pepper spray holder with pepper spray, the CEW and holster. The department supplied baton holder and baton is optional. No sunglasses, keys, knives, or any other items will be worn on the belt unless approved by the Chief of Police. If authorized to wear the uniform on a "second" job, the COMPLETE prescribed uniform for the time of year will be worn. 2. Authorized Hat: a. Duty Hat: To be worn with the Class "A" uniform. Refer to the uniform regulations book. b. Baseball Cap: The baseball cap may be worn with the Class "C" uniform, at the firing range, manhunts or when otherwise authorized by the Chief of Police. Refer to the uniform regulations book. c. Stocking Cap: To be worn in cold weather. Refer to the uniform regulations book. d. Extreme Cold Weather Cap: This item is optional, not furnished by the department. This cap may be worn during extreme cold weather. Refer to the uniform regulations book. e. Hat Badge: To be worn with the Duty Hat. Refer to the uniform regulations book. 3. Patches: The Fayetteville Police Department patch, as designed by the department, will be worn on the left and right shoulder of all shirts one inch from the shoulder seam and centered on the sleeve. Patches on coats will be one inch from the shoulder seam and centered. No other patch, insignia, or pin will be allowed except those authorized by the Chief of Police. 4. Collar Emblems: The rank insignia shall be worn on both collars of Class "A" and Class "B" uniforms. The insignia for the rank of lieutenants and above will be worn on shirt collars perpendicular to the shoulder. The insignia for the rank of sergeant and below will be worn with the centerline of the insignia bisecting the points of the collar. All non -ranking officers shall wear the F.P.D. emblem on the Class "A" and Class "B" uniforms in a horizontal, centered position between the tip of the collar and the neck opening. Refer to the uniform regulations book. 5. Name Plate: The nameplate will be furnished by the q_uartermaster. It will be worn over the - right pocket approximately .25 inches above the pocket flap and centered with the button. The nameplate will be worn at all times while in uniform unless otherwise authorized. See illustrations in the Uniform Regulations Book. 41.3.5 Grooming & Uniform Requirements Page 4 of 6 Comment: Deleted language: All officers will be issued one long sleeve t - shirt, one short sleeve t -shirt and one navy color BDU pant. Comment: Language amended from "flashlight ring and flashlight" Comment: Item was made optional rather than mandatory Comment: Removed nameplate specs stating it will be issued by the quartermaster 6. Pen and Pencil: To coincide with other metal parts of the uniform, all officers will carry pen or pencils, of which that part is exposed, will be predominately gold in color. No more than two pens or pencils will be exposed in the left pocket at one time. The pens will have black ink and the pencil will be carried due to the inability of a pen to write on a damp or wet piece of paper. 7. Tie: The tie will be worn with the Class "A" uniform. When ties are in use, they will be worn on the outside of the shirt, not tucked in. Refer to the Uniform Regulations Book. 8. Shirts and Trousers: Refer to Uniform Regulations Book. 9. T -Shirts: A black crew neck type t -shirt will be worn underneath the short sleeve Class "B" uniform. A black mock neck type or crew neck t -shirt will be worn underneath the long sleeve Class "B" uniform. The F.P.D. long, or short sleeve t -shirt will be worn with the Class "C" uniform. Refer to the Uniform Regulations Book. 10. Coat/sweater: Refer to Uniform Regulations Book. 11. Raingear: Refer to Uniform Regulations Book. 12. Footwear: The Chief of Police has authorized the following footwear for patrol: a. A plain toe Oxford, black. b. A utility boot, black. Authorized footwear will be kept clean and shined at all times while on duty. Black or dark Blue socks are the required uniform item. Footwear for specialized units such as Bike Patrol, E.R.T., and K-9 officers must be approved by the Chief of Police and will not be worn during normal patrol duties. Refer to the uniform regulations book. 13. Bullet Resistant Vests: Uniformed officers shall wear a bullet resistant vest at all times unless specifically exempted by the Chief of Police. The vest will be supplied by the department and replaced as necessary. Refer to the uniform regulations book. [CALEA 41.3.5] Officers involved in high-risk tactical details shall also be required to wear a bullet resistant vest. [CALEA 41.3.6] 14. Weapons and Ammunition: The Chief of Police will designate the ammunition and weapons carried. No other ammunition or weapon will be carried except when approved by a supervisor for special circumstances and ONLY for that particular situation. [CALEA 1.3.9 a. and b.] A. Department -issued Weapons and Ammunition: 1. Uniformed officers will carry the department -issued weapon only. The authorized weapons utilized by the department include: (a) Glock model 35 .40 caliber semi automatic pistol (b) Glock model 23-C .40 caliber semi automatic pistol (c) Remington model 1187 12 gauge shotgun (d) AR -15 .223 caliber semi automatic rifle (e) Remington model 700 LTR .308 caliber rifle (0 Smith and Wesson model 342 .38 caliber revolver (g) 40 mm for ERT use 41.3.5 Grooming & Uniform Requirements Page 5 of 6 2. Detectives will carry only the department -issued weapon while on duty. Personal weapons must have the written approval of the Chief of Police prior to being carried as a duty weapon or as a supplemental duty weapon. 3. Ammunition will be department -issued as approved by the Chief of Police. Authorized ammunition utilized by this department include: (a) Duty sidearm ammunition — 180 grain jacketed hollow point (b) Training sidearm ammunition — 180 grain full metal jacket (c) Shotgun ammunition — "00" buckshot, 1 ounce rifled slug (d) AR -15 ammunition — 55 grain full metal jacket, 62 grain boat tail hollow point match (e) .308 rifle ammunition — 168 grain boat tail hollow point match (f) .38 caliber ammunition — 125 grain+p bonded jacketed hollow point (g) 40 mm for ERT use 4. Uniformed officers and detectives of this department will carry only department -issued shotguns and rifles 41.3.5 Grooming & Uniform Requirements Page 6 of 6 - - Comment: Removed bullet: MP5 9mm sub -machine gun Comment: Removed bullet: MP5 training ammunition - 9nun 124 gain full metal jacket FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 52.1.1 Office of Professional Standards (OPS) Effective Date: Reference: Version: 1 CALEA: Chapter 52 No. Pages: 6 I. PURPOSE The purpose of this policy is 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 and 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] 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. 52.1.1 Office of Professional Saandards page 1 of 6 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. 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: • Alleged criminal violations. • Complainant can show good cause for not making the complaint earlier. • 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. 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 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] 52.1.1 Office of Professional Standards page 2 of 6 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 or administrative review.L 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. 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 52.2.11 a. Investigation will be completed within 21 days, unless the head of OPS authorizes an extension [CALEA 52.2.31. b. Investigation 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 52.2.71 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, a supervisor may handle the complaint on an informal basis. These incidents shall be referred to as RESOLVED COMPLAINTS. - Comment: Language added a. Once the complaint has been resolved the supervisor will provide a typed summary to the head of OPS for review and filing. b. In the event a complainant does not wish to file a formal complaint on what is deemed to be of a serious nature, the supervisor shall file the complaint based on information received by the complainant., - Comment: Bullet added 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] 11. Complaints may be generated internally by a member of the department in written form to the Chief of Police. 52.1.1 Office of Professional Standards page 3 of 6 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 Complaintresulting in 10 Year Records Purged _ , , sustained discipline at the administrative level Complaints resulting in sustained discipline at the supervisory level 5 Years, provided a 1 year infraction -free period precedes the dates of purge Records Purged Complaints whose findings are not sustained, unfounded or exonerated 3 Years Records Purged Complaints on which no action is taken 2 Years from the date that determination is made not to initiate investigation Records Purged _ , D. Investigations 1. Types of investigations:1 a. Formal investigation — A complaint assigned to a formal OPS investigator b. Supervisor Referral — A complaint assigned to the employee's supervisor for investigation c. Administrative Review — A complaint reviewed at the administrative level which does not require a formal investigation. 2. 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] 3. 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. 52.1.1 Office of Professional Standards page 4 of 6, Comment: "Complaints" insetted rather than "investigations" throughout this chart Comment: Retention tune changed ] - Comment: Retention time changed ) Comment: Types of investigations defined and added 4. 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. 5. Ole head of OPS will notify both the complainant and employee® in Question a complaint has been received and an investigation is impending. a. Notice of the complaint will not be given to the employee(s) in cases in which such notification may be detrimental the investigative process. b. Once notified of the complaint and investigation, the employee(s) is prohibited from discussing or interfering with the investigation. 6. 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, advice of certain rights associated with self-incrimination, and possible departmental charges for refusing to cooperate. 7. 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. 8. 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. 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, 52.1.1 Office of Professional Standards page 5 of 6 Comment: Section added photographs, financial statements when they are material to the investigation, etc). [CALEA 52.2.6 a., b., 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] 9. Employees are strictly prohibited from interfering with, or discussing an ongoing investigation. E. Dispositions 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. 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] 52.1.1 Office of Professional Standards page 6 of 6