HomeMy WebLinkAbout89-12 RESOLUTIONRESOLUTION NO. 89-12
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLICIES 1.2.1 LIMITS OF AUTHORITY, 1.3.1 USE OF FORCE, 12.1.1
DIRECTION, 12.2.1 POLICIES, PROCEDURES AND RULES
DEVELOPMENT AND REVIEW PROCEDURES, 26.1.2 HARASSMENT
AND DISCRIMINATION IN THE WORKPLACE, 41.1.1 PATROL, 42.1.1
CRIMINAL INVESTIGATIONS, 41.2.11 USE OF DEPARTMENT VEHICLES,
44.1.1 JUVENILE OPERATIONS, 61.1 TRAFFIC ENFORCEMENT, 6.1.11
DWI, DUI, AND 61.3 TRAFFIC DIRECTION AND CONTROL
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 1.2.1 Limits of Authority, 1.3.1 Use of Force, 12.1.1
Direction, 12.2.1 Policies, Procedures and Rules Development and Review Procedures, 26.1.2
Harassment and Discrimination in the Workplace, 41.1.1 Patrol, 42.1.1 Criminal Investigations,
41.2.11 Use of Department Vehicles, 44.1.1 Juvenile Operations, 61.1 Traffic Enforcement,
6.1.11 DWI, DUI, and 61.3 Traffic Direction and Control.
PASSED and APPROVED this 1st day of May, 2012.
APPROVED: ATTEST:
By: 6°44.41d �1�wuv
SONDRA E. SMITH, City Clerk/Treasurer
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Greg Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
//
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: 1.2.1, Limits of
Authority; 1.3.1, Use of Force; 12.1.1, Direction; 12.2.1, Policies, Procedures and Rules Development and Review
Procedures; 26.1.2 Harassment and Discrimination in the Workplace; 41.1.1, Patrol; 42.1.1, Criminal Investigations;
41.2.11, Use of Department Vehicles; 44.1.1, Juvenile Operations; 61.1, Traffic Enforcement; 6.1.11, DWI, DUI; and
61.3 Traffic Direction and Control.
$0
Cost of this request
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Project Number
Budgeted Item
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Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance
Budget Adjustment Attached
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Date
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Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Date
-.per a. 'd'„l,,..._ 9- 5- 2.01L
Finance and Internal Services Director Date
ate
Received in City0 3-2 3- i ? PO4:57) R C `.
Clerk's Office
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
POLICE DEPARTMENT
100-A West Rock Street
Fayetteville, AR 72701
P (479) 587-3555 F (479) 587-3522
www.accessfayetteville.org
To: Mayor Lioneld Jordan and City Council
From: Greg Tabor, Chief of Police
Date: Wednesday, March 28, 2012
Re: Police Department Policies
Recommendation:
Council approves a resolution adopting Fayetteville Police Department Policies: 1.2.1, Limits of Authority;
1.3.1, Use of Force; 12.1.1, Direction; 12.2.1, Policies, Procedures and Rules Development and Review
Procedures; 26.1.2 Harassment and Discrimination in the Workplace; 41.1.1, Patrol; 42.1.1, Criminal
Investigations; 41.2.11, Use of Department Vehicles; 44.1.1, Juvenile Operations; 61.1, Traffic Enforcement;
6.1.11, DWI, DUI; and 61.3, Traffic Direction and Control.
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
RESOLUTION NO.
A RESOLUTION APPROVING FAYETTEVILLE POLICE DEPARTMENT
POLICIES 1.2.1 LIMITS OF AUTHORITY, 1.3.1 USE OF FORCE, 12.1.1
DIRECTION, 12.2.1 POLICIES, PROCEDURES AND RULES
DEVELOPMENT AND REVIEW PROCEDURES, 26.1.2 HARASSMENT
AND DISCRIMINATION IN THE WORKPLACE, 41.1.1 PATROL, 42.1.1
CRIMINAL INVESTIGATIONS, 41.2.11 USE OF DEPARTMENT VEHICLES,
44.1.1 JUVENILE OPERATIONS, 61.1 TRAFFIC ENFORCEMENT, 6.1.11
DWI, DUI, AND 61.3 TRAFFIC DIRECTION AND CONTROL
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 1.2.1 Limits of Authority, 1.3.1 Use of Force, 12.1.1
Direction, 12.2.1 Policies, Procedures and Rules Development and Review Procedures, 26.1.2
Harassment and Discrimination in the Workplace, 41.1.1 Patrol, 42.1.1 Criminal Investigations,
41.2.11 Use of Department Vehicles, 44.1.1 Juvenile Operations, 61.1 Traffic Enforcement,
6.1.11 DWI, DUI, and 61.3 Traffic Direction and Control.
PASSED and APPROVED this 17th day of April, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 1.2.1 Limits of Authority
Effective Date:
Reference: 41.2.7, 71.1.1
Version: 1
CALEA: 1.1.3, 1.1.4, 1.2.1, 1.2.2, 1.2.5, 1.2.6, 1.2.7, 1.3.5, 11.3.1,
22.2.7
No. Pages: 8
I. Purpose!
The purpose of this policy is to outline the limits of law enforcement authority delegated to
officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and
ordinances within their jurisdiction.
It also defines circumstances and establishes limits involving officer discretion and provides
guidelines for exercising such discretion utilizing alternatives to arrest and/or pre -arraignment
confinement.
II. Definitions
Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the
accused until he can be held accountable for the offense at court proceedings.
Probable Cause: Probable cause has been interpreted as facts and circumstances that amount to
more than mere suspicion but less than proof beyond a reasonable doubt that would lead a
prudent person to believe a crime has been committed or is about to be committed.
Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one
year or more. Persons convicted of felony offenses lose certain rights such as the right to vote,
hold an elective office of federal government position or maintain certain licenses.
Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not
more than one year in a county jail or fine or similar penalty.
Off -Duty: For the purposes of this section, officers are considered to be "off-duty" when not
working in furtherance of departmental objectives during regularly scheduled hours or other
hours as required by a police supervisor or court order.
III. Policy
A. JURISDICTION AND STATUTORY AUTHORITY
1.2.1 Limits of Authority Page 1 of 8
Comment [Mt]: Policy is a combination of old
FPD 1.2.1, 1.2.2 and new language to meet CALEA
1. Officers of the Fayetteville Police Department shall have within the corporate limits
of the City of Fayetteville all the powers invested in law enforcement officers as
described under Arkansas Code Annotated 14-52-203. [CALEA 1.2.1, 1.2.2],
[CALEA 11.3.1 a.]
2. Officers shall also have the power to serve all civil and criminal process that may be
directed to them by any officer of the court and enforce the ordinances and
regulations of the city as the city council may direct.
3. In addition to their authority within the corporate limits, officers shall have all the
powers invested in law enforcement officers by the Arkansas Constitution, State
statutes and the Rules of Criminal Procedure.
4. An officer outside his or her jurisdiction may affect an arrest without a warrant upon
having both probable cause and the request or permission of the agency having
jurisdiction. Upon doing so, the officer must notify the law enforcement agency
having jurisdiction as soon as practicable and relinquish custody of the suspect to
that agency as described under Arkansas Code Annotated 16-81-106.
5. An officer pursuing an offender outside the corporate limits or extraterritorial
jurisdiction of the city shall be entitled to all privileges, immunities and benefits to
which he would be entitled if acting within the city, including coverage under the
worker's compensation laws.
6. Each employee of the department is accountable for the use of delegated authority
invested by statute [CALEA 11.3.1 b.].
B. ARREST AUTHORITY
An officer may affect an arrest if there is probable cause to believe a person has
committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is
the legal requirement for an arrest [CALEA 1.2.5].
1. An arrest occurs when the following conditions exist:
a. The officer believes that sufficient legal evidence exists that a crime is
being committed, and intends to restrain the suspect;
b. The officer deprives the individual of his liberty; and
c. The suspect believes he or she is in custody of the police and cannot
voluntarily leave.
2. An arrest can be initiated with or without a warrant and must be based on
probable cause.
a. Arrest Pursuant to Warrant — An arrest warrant issued by the court
determines an arrest should be made and directs the police to bring the
named person before court.
(1) An officer having a warrant in possession may arrest the person
named on or described in the warrant at any time and at any place
within the jurisdiction of the City of Fayetteville.
(2) An officer, who has knowledge that a warrant for arrest has been
issued and has not been executed, but who does not have the warrant
1.2.1 Limits of Authority Page 2 of 8
in his possession, may arrest the person named in the warrant
according to Arkansas State Law.
a. The officer must inform the person arrested of the existing
warrant, and
b. The officer must serve the warrant on the person as soon as
possible.
b. Arrest Without a Warrant — According to Rule 4 of the Arkansas Court
Rules of Criminal Proceedings, a law enforcement officer may arrest a
person without a warrant if the officer has reasonable cause to believe that
such person has committed [CALEA 1.2.5]:
(1) a felony;
(2) domestic violencel; as further detailed in FPD 1:2.4, Domestic
Violence
(3) a traffic offense involving:
a. death or physical injury to a person; or
b. damage to property; or
c. driving a vehicle while under the influence of intoxicants or
narcotics;
(4) Any violation of law in the officer's presence.
(5) A private person may make an arrest where he has reasonable
grounds for believing the person arrested has committed a felony.
(6) It is not necessary that an officer or citizen be able to articulate the
specific offense at the time of the arrest.
(7) A warrant -less arrest by an officer not personally possessed of
information sufficient to constitute reasonable cause is valid where
the arresting officer is instructed to make the arrest by a police
agency, which collectively possesses knowledge sufficient to
constitute reasonable cause.
(8) In the case of a misdemeanor, probable cause as well as the
officer's presence at the time of the offense is required, with the
following exceptions:
a. The officer believes the suspect may cause physical injury to
self or others, or damage to property unless immediately
arrested (see ACA 16-81-113) and Domestic Abuse Act as
defined by Arkansas State Law.
b. The suspect has committed the offense of shoplifting when the
officer, merchant or merchant's employee who has observed
the person accused of shoplifting shall provide a written
statement which shall serve as probable cause to justify the
arrest (See ACA 5-36-116).
c. The officer has reason to believe the suspect will not be
apprehended unless immediately arrested.
3. Upon making an arrest, an officer must:
1.2.1 Limits of Authority Page 3 of 8
-{ Comment [rt2]: Language added
a. Identify himself as a law enforcement officer unless his identity is
otherwise apparent;
b. Inform the arrested person that he is under arrest; and
c. As promptly as is reasonable under the circumstances, inform the
arrested person of the cause of the arrest, unless the cause appears to be
evident.
4. An arrest is complete when:
a. The person submits to the control of the arresting officer who has
indicated his intention to arrest, or
b. The arresting officer, with intent to make an arrest, takes a person into
custody by the use of physical force.
5. An officer may enter private premises or vehicles to effect an arrest when:
a. The officer has in his possession a warrant or order for arrest of a
person or is authorized to arrest a person without a warrant or order
having been issued;
b. The officer has reasonable cause to believe the person to be arrested is
present, and
c. The officer has given, or made reasonable effort to give notice of his
authority and purpose to an occupant thereof, unless there is reasonable
cause to believe the giving of such notice would present a clear danger.
6. Arrest for Serious Crime — When an officer arrests a person for a serious crime, the
officer shall advise the supervisor on duty and a determination will be made if the
detective division shall be notified of the arrest for further interviewing and
investigation.
7. Arrest of Military Deserter — Officers with probable cause that a person is a
military deserter may arrest that person and arrange as soon as possible to release
the person to the proper military authority.
8. Arrest of Injured Person — Upon arresting a person who has been injured, or is
injured during the arrest process, the officer shall conduct an assessment of the
injury based on visual and/or verbal clues of the person and/or injury. In doing so;,_ _
the officer shall [CALEA 1.3.5]:
a. Transport the person for normal booking procedures if the injury is
apparently non -debilitating and not life threatening.
b. Request for Emergency Medical Services to respond to the scene if the
injury appears to be life threatening or debilitating.
c. Not transport the person to a medical facility if the injury is life
threatening or debilitating unless exigent circumstances exist. Further
reference may be made to FPD 71.1.1, Detainee Transportation.
1.2.1 Limits of Authority Page 4 of 8
• Comment [rt3]: Language added to meet
CALEA standards
9. Arrest of Unconscious or Semiconscious Person — Whenever an officer arrests an
individual who is unconscious, semiconscious, or otherwise apparently suffering
from some disabling condition, and who is unable to provide information on the
causes of the condition, the officer should make a reasonable effort to determine if
the person arrested is wearying a bracelet or necklace containing the Medic Alert
Foundation's emergency alert symbol to indicate that the person suffers from
diabetes, epilepsy, cardiac condition or any other form of illness which would
cause a loss of consciousness. If such a symbol is found indicating that the person
being arrested suffers from one of those conditions, the officer must make a
reasonable effort to have appropriate medical care provided.
10. Arrest of Foreign Nationals — Whenever a foreign national is arrested or detained
in the United States, there are legal requirements contained in the Vienna
Convention on Consular Relations to ensure that the foreign national's government
can offer him/her appropriate consular assistance. In all cases the foreign national
must be told of the right of consular notification and access. According to the
Department of State, this requirement applies even if the foreign national is not in
the United States legally. A list of contact information for embassies and
consulates within the United States is available in the squad room and the
Washington County Detention Center.
In some cases, mandatory notification must be made to the nearest consulate or
embassy without delay, or within the time specified in a bilateral agreement
between the United States and the foreign national's country, regardless of
whether the foreign national request such notification. If the foreign national's
country is on the list of mandatory notification countries, notify that country's
nearest consular official, without delay, of the arrest/detention. A list of the
mandatory notification countries is available in the squadroom and the
Washington County Detention Center.
Privacy concerns or the possibility that a foreign national may have a legitimate
fear of persecution or other mistreatment by his/her government may exist in
some mandatory notification cases. The notification process should still be
honored, but it is possible to take precautions regarding disclosure of information.
The State Department should be consulted in these situations. Under no
circumstances should any information indicating that a foreign national may have
applied for asylum in the United States or elsewhere be disclosed to that person's
government.
It is the responsibility of the arresting officer, not the detaining facility, to notify
the arrested person's nearest consular official. It is also the arresting officer's
responsibility to inform the arrestee notification has been made. A form
documenting arrest notification that can be sent via FAX is available in the
squadroom and the Washington County Detention Center. A copy of this
notification process should be attached to the arrest report. [CALEA 1.1.4]
11. Misuse of Arrest Authority — Officers of the Fayetteville Police Department shall
not misuse the arrest authority that has been delegated to them.
1.2.1 Limits of Authority Page 5 of 8
Comment [rt4]: Location of information changed
from LT Office to Squad room
Comment [rt5]: Location of information changed
from LT Office to squad room
C. USE OF DISCRETION AND ALTERNATIVES TO ARREST
The Chief of Police shall determine what measures (policies and procedures) shall be
enforced to influence officer discretion at the operative level of patrol.
Officers are encouraged to be sensitive to cues as the probability of clearance, witness
identification, victim prosecution and other factors when making arrests, issuing
citations or other law enforcement activities.
In the instances of lesser violations, the officer may weigh the seriousness of the offense
and the surrounding circumstances and choose an alternative to arrest. The proper
exercise of discretion does not relieve the officer of his responsibility to conduct a
thorough investigation. [CALEA 1.2.7]
1. Alternatives to Arrest [CALEA 1.2.6]
a. Issuance of a citation or criminal summons (when the district judge
determines the offense to be citable) which would allow the arrested
person to appear in court on his/her own recognizance.
b. Informal resolution; or
c. Warnings.
2. At his discretion, an officer may assist, as an alternative to arrest and
incarceration, an individual found intoxicated in a public place by taking the
following actions [CALEA 1.2.7]:
a. The officer may transport the intoxicated individual home;
b. The officer may transport the intoxicated individual to the residence of
another individual willing to accept him/her;
c. The officer may transport the intoxicated individual to a public or
private shelter facility if the individual is apparently in need of and
unable to provide for himself food, clothing or shelter but not in need of
medical care;
d. The officer may transport the intoxicated individual to a medical facility
if it is apparent the individual is in need of but unable to provide for
himself immediate medical care.
3. Criminal justice and social services programs are available resources that
should be considered and utilized when possible. Officers should carefully weigh
the available options in any given situation; supervisory consultation may be
necessary. Diversion programs available may include, but are not limited to
[CALEA 1.1.3]:
(1) Juvenile offender diversions via the Juvenile Division of he
Fourth Judicial Circuit Court
(2) Fourth Judicial District Victim's Rights Advocate
(3) The Fayetteville Women's Shelter
1.2.1 Limits of Authority Page 6 of 8
(4) Northwest Arkansas Rape Crisis Center
(5) Salvation Army
(6) Local churches and homeless shelters
(7) Local mental health facilities (See FPD 41.2.7)
D. OFF-DUTY ARREST
Officers of the Fayetteville Police Department have liability protection for on -duty and
off-duty performance of official duties. This protection does not extend to willful acts to
cause injury, to damage or to those actions that the police officer knew, or reasonably
should have known, were in conflict with the established policies of this department.
1. When off-duty and within legal jurisdiction of this department, a police officer
may make an arrest when:
a. There is an immediate need for the prevention of bodily injury or
property loss/damage or apprehension of a suspect;
b. The arresting officer is in possession of appropriate police
identification.
2. Off-duty officers shall not enforce minor traffic offenses or utilize personal
vehicles to pursue or attempt the apprehension of persons.
a. Off-duty officers may cautiously follow suspects to obtain vehicle and
suspect descriptions or destinations, but officers must realize there is no
authorization under state law or departmental policy to violate traffic
laws while operating a private vehicle.
b. If an off-duty arrest is made, the off-duty officer shall abide by all
departmental policies and procedures and shall notify an on -duty
supervisor of the circumstances of the arrest and complete any
documentation required by procedure.
c. No prisoner or arrestee, under any circumstances, shall be transported in
a privately owned vehicle.
E. POST ARREST PROTOCOIJ
The Chief of Police, state law requirements, and jail procedures will dictate what protocol
will be followed post -arrest pertaining to preparing reports, fingerprinting, and
photographing.
1. For probable cause arrests made by officers that do not include warrants issued by a
judge, officers will complete a preliminary report as part of the booking process as
well as an arrest incident report in the police department's reporting system. If the
arrest also includes a criminal offense involving a victim, the officer will complete
that part of the report as well as the suspect's arrest report [CALEA 1.2.5 a.].
2. Fayetteville Police Department is responsible for the fingerprinting and
photographing of arrested subjects per state law requirements. Per Arkansas 12-12-
1006, immediately following an arrest for an offense, a law enforcement official at
the receiving criminal detention facility shall take, or cause to be taken, the
fingerprints and a photograph of the arrested person if the offense is a felony or a
1.2.1 Limits of Authority Page 7 of 8
Comment [rt6]: Section added to meet CALEA
Comment [rt7]: Section added for CALEA
Class A misdemeanor. Juvenile requirements are set forth in Arkansas 9-27-320,
and requires when a juvenile is arrested for any offense that if committed by an
adult would constitute a felony or a Class A misdemeanor in which violence or the
use of a weapon was involved, the juvenile shall be photographed and fingerprinted
by the law enforcement agency. These processes will commonly be completed
during booking at the Washington County Detention Center [CALEA 1.2.5 b., c.].
F. Personnel Identification Measures[
The following will govern identification requirements of all police department personnel
[CALEA 22.2.7]:
1. All personnel will be issued an identification card that is required to be carried and
accessible while the employee is on duty [CALEA 22.2.7 b.]
2. All employees shall be able to display their identification card upon a reasonable
and safe request. Sworn personnel should display this in the accompaniment of their
issued badge. Exceptions to this display are when necessary during the performance
of police duties at an incident where the officer's status is obvious or in a required
undercover capacity where doing so would jeopardize the mission of the operation
or the officer's cover [CALEA 22.2.7 a.]
3. In cases where an officer is unable to show identification during an incident, that
officer should make every attempt to show his credentials to the requesting party
once the scene is secured [CALEA 22.2.7 a.]
4. All officers including uniformed officers should have access to their full credentials
while on duty for cases where additional credential checks may be required.
Exceptions to this requirement may occur in undercover assignments [CALEA
22.2.7 a.]
5. The issuance of identification shall be considered a standard procedure. A record
will be maintained documenting the date of issuance, the person issuing, and the
person issued. Employees will be expected to maintain their identification in a
professional manner. Lost or stolen identification cards shall be reported to the
immediate supervisor.
6. Upon separation of employment, the employee shall relinquish his or her
identification card to police personnel.
1.2.1 Limits of Authority Page 8 of 8
Comment USD added 7-19-11 for CALEA 22.2..7
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 1.3.1 Use of Force
Effective Date:
November 3, 2009
Reference: 1.3.4, 41.3.5
Version: Version
CALEA: 1.3
No. Pages: 6
I. (PURPOSE
The purpose of this directive is to state the Fayetteville Police Department policy regarding the
use of force, including deadly force, less lethal force and defensive tactics.
II. DISCUSSION
The value of human life is immeasurable in our society. Police officers have been delegated the
awesome responsibility to protect life and property and apprehend criminal offenders. The
apprehension of criminal offenders and protection must at all times be secondary to the•
protection of life. The officer's responsibility for protecting life must include his own.
III. DEFINITIONS
Deadly Force — Deadly force is that force which may cause death or grave injury or which
creates some specified degree of risk that a reasonable and prudent person would consider likely
to cause death or grave injury.
Physical Force — Physical force is any bodily impact, restraint, confinement or the threat thereof.
Reasonable Belief — Reasonable believe is fact or circumstances the officers knows, or should
know, are such as to cause an ordinary and prudent person to act or think in a similar way under
similar circumstances.
Serious Physical Injury — Serious physical injury is bodily injury that creates a substantial risk of
death; cause serious, permanent disfigurement; or results in along -term loss or impairment of the
functioning of any bodily member or organ.
IV. POLICY
It shall be the policy of the Fayetteville Police Department that its officers shall not use more
force in any situation than is reasonably necessary under the circumstances. [CALEA 1.3.1]
A. Use of Deadly Force
1.3.1 Use of Force Page 1 of 6
Comment ['P1]: This is an existing policy that
has been updated to meet CALEA standards.
1. An officer may use deadly force to protect him or others if he has reasonable belief of
immediate threat of death or serious physical injury [CALEA 1.3.2].
2. The use of deadly force should be prohibited in the apprehension of misdemeanants,
since the value of human life far outweighs the gravity of a misdemeanor offense.
3. Deadly force shall never be used on mere suspicion that a crime, no matter how
serious, was committed or that the person being pursued committed the crime. An
officer shall either have witnessed the crime or have sufficient information to know,
as a virtual certainty, that the suspect committed an offense for which the use of
deadly force is permissible.
4. Officers shall not be permitted to fire at felony suspects when the officer believes that
the suspect can be apprehended reasonably soon thereafter without the use of deadly
force or when there is substantial danger to innocent bystanders. Although the
requirement of using lesser force, when possible, is a legal rule, the other limitations
are based on sound public policy. To risk the life of innocent persons for the purpose
of apprehending a felon cannot be justified.
5. Officers shall not discharge a firearm at or from a moving vehicle except as the
ultimate measure of self-defense or defense of another person.
6. Officers shall not fire their weapons to kill, but rather to stop and incapacitate an
assailant from completing a potentially deadly act. For maximum stopping
effectiveness and minimal danger to innocent bystanders, the officer should shoot at
"center body mass".
7. An officer may use deadly force to effect the capture or prevent the escape if the
officer reasonably believes that the suspect has committed a felony involving the use
or threatened use of deadly force and the officer has probable cause to believe that the
suspect poses a significant threat of death or serious physical injury to the officer or
others.
8. In order to protect the community's interest when officers may have exceeded the
scope of their authority in the use of deadly force and to shield officers who have not
exceeded the scope of their authority from possible confrontations with the
community, officers whose actions or use of force in an official capacity results in
death or serious physical injury shall be relieved from line -duty assignment pending
administrative review. [CALEA 1.3.8]
9. The killing of an animal is justified by the following conditions:
a. For self-defense,
b. To prevent substantial harm to the officer or another, or
c. When the animal is so badly injured that humanity requires its relief from further
suffering
d. A seriously wounded or injured animal may be destroyed upon approval from a
supervisor.
e. The destruction of vicious animals should be guided by the same rules set forth
for self-defense and safety of others.
f. A use of force form and memorandum to the officer's direct supervisor shall be
completed when an animal is killed.
B. Use of Physical Force and Less -Lethal Weapons
All police officers of the Fayetteville Police Department are directed to obtain defensive
tactics training and certification to carry and use the departmental authorized Less -lethal
1.3.1 Use of Force Page 2 of 6
weapons. Officers will be issued copies of 1.3.1 and will be instructed in this policy.
[CALEA 1.3.12] Defensive tactics and less -lethal weapons provide officers with additional
use of force options for gaining compliance of resistant or aggressive individuals in arrest
and other enforcement situations that occur in the line of duty.
It shall be the policy of the Fayetteville Police Department that officers use defensive tactics
and less -lethal weapons when warranted, but only in accordance with guidelines set forth in
section 1.3.4.
All departmentally approved less -lethal devices are deployed as additional police tools and
are not intended to replace firearms or self-defense techniques. Officers choosing to use
these devices should not compromise their safety.
Further reference may be made to section 1.3.4, Less Lethal Weapons and Defensive Tactics.
C. Firearms
1. Issuance of "Use of Force" policy: All officers of the Fayetteville Police Department
shall be issued individual copies of and receive instruction on the department's policy
regarding use of deadly force prior to being issued a firearm [CALEA 1.3.12].
Officers will receive in-service training on the department's use of force policy on an
annual basis [CALEA 1.3.11].
2. Proficiency in Use of Agency -Authorized Firearms: Qualification with the issued
service weapon is an essential job function of a Fayetteville Police Officer. Failure
to qualify may result in the imposition of discipline, up to an including termination of
employment. Additionally, failure to qualify with any other department -approved
weapon would prohibit that officer from being allowed to carry that particular
weapon [CALEA 1.3.10]. A certified weapons instructor shall conduct training and
qualification [CALEA 1.3.11 a].
a. Officers shall qualify with the issued service weapon four times each year, at least
one of which will meet the Arkansas Law Enforcement Standards and Training
(ALETA) Standard Qualification Course of Fire for one target [CALEA 1.3.11].
b. On all other qualification relays, officers shall qualify with a score equal to or
better than the established standard set by the Chief of Police in consultation with
the Firearms Instructor.
c. Officers certified on the department -approved shotgun or rifle shall qualify
annually.
d. All firearms training and qualification scores, including remedial training if
necessary, will be documented and maintained by the firearms division until an
officer separates form the department [CALEA 1.3.11 b].
1) An officer who fails to qualify with his/her issued service weapon after
two consecutive attempts shall be referred for immediate remedial training
by a certified firearms instructor.
2) The firearms instructor providing the remedial training shall notify the
officer's immediate supervisor and the Chief of Police in the
3) event the officer is still unable to qualify at the conclusion of the extra
training session. Upon such notification, the supervisor shall immediately
relieve the unqualified officer of the issued service weapon and patrol
duty, with pay. The unqualified officer will be directed to report to the
1.3.1 Use of Force Page 3 of 6
training division the next working day for additional remedial training.
The officer's authority to carry a firearm shall remain revoked until such
time as the officer qualifies or that the determination is made that the
officer is not responding to further training [CALEA 1.3.11 c].
4) Any officer who fails to qualify and receives remedial training more than
twice during a calendar year shall be subject to disciplinary action. If an
unqualified officer does not satisfactorily respond to remedial training and
remains unqualified, the Chief of Police shall be notified in writing. At
such time, the officer will be referred for termination.
e. Officers shall attain and demonstrate knowledge of the laws concerning the use of
firearms and be familiar with and recognize safe -handling procedures for the use
of these weapons.
f. Any officer returning to duty after an absence exceeding three months shall report
to the training division for remedial training and qualification prior to being
permitted to return to full duty.
3. Except for general maintenance, storage or authorized training, officers shall not draw
or exhibit their firearm unless circumstances create strong reasonable cause to believe
that it may be necessary to lawfully use the weapon in conformance with other
sections of this policy.
4. Warning Shots: Officers are not justified in using a firearm to fire a warning shot for
any purpose. Warning shots endanger the lives of innocent bystanders and may also
prompt a suspect to return fire [CALEA 1.3.3].
5. Off -Duty Possession of Weapons: It shall be the policy of the Fayetteville Police
Department to permit full-time sworn members of the department to possess and
carry a concealed weapon while off-duty within the corporate limits of Fayetteville.
Officers should also be aware that Federal Law, known as the Law Enforcement
Officers Safety Act of 2004, provides certified law enforcement officers with the
right to carry a concealed firearm in any jurisdiction of the United States.
a. Officers are not required to carry a weapon while off-duty but may do so at their
option.
b. Officers exercising the option to carry a weapon while off-duty are authorized to
carry their issued weapon.
c. Authorization for officers to carry weapons while off-duty shall be subject to the
following conditions:
1) Officers will be required to have in their possession the department -issued
badge and official identification card.
2) Officers in plain clothes wearing their firearms exposed to the public view
shall display their department badge near the firearm in a manner that is
clearly visible to the public unless special circumstances exist.
3) Officers who choose to carry a weapon other than one issued by the police
department shall qualify to demonstrate proficiency in the use of that
weapon on an annual basis at their own expense.
6. Department -Issued Weapons and Ammunition: Reference may be made to section
41.3.5 for specifications of department -issued weapons and ammunition.
a. All department -issued firearms will be inspected on an annual basis by a certified
armorer and must be approved by the armorer before being issued and/or carried
[CALEA 1.3.9 c,d,e].
1) The firearms division will maintain weapons inspections reports.
1.3.1 Use of Force Page 4 of 6
2) Weapons deemed irreparable will be removed from service with a report
indicating such status.
3) The firearms division will maintain a record on all weapons in service to
include inspection date(s) and maintenance.
b. Officer Responsibility for Department -Issued Firearm
1) Officers must take reasonable and adequate care of any firearm issued to
them.
2) In the event a firearm is lost, damaged, destroyed or stolen, the officer
may be subject to financial liability and/or dismissed if a preponderance of
evidence establishes negligence or willful destruction or damage of the
firearm by the officer.
3) In the event of the loss of department -issued firearm, the officer will
immediately notify the shift supervisor who will in turn notify the Chief of
Police. The supervisor will also notify local law enforcement authorities
of the firearm loss and ensure that the loss is reported through the
department's ACIC/NCIC terminal.
4) Officers may choose to leave their issued weapons in their locked lockers
at the department. If officers choose to remove their issued weapon from
the department while off-duty, it is recommended they be stored in a
locked box, separate from the ammunition [CALEA 1.3.9 f].
7. Discharge of Weapon: If an officer, on or off duty, fires a department -issued weapon
while acting in his official capacity (except for training purposes such as range
qualifications) or in the event of an accidental discharge, the officer shall comply with
the following:
a. The officer who fired the weapon shall notify the shift supervisor as soon as
practicable after the firing has taken place.
b. The supervisor shall make a preliminary investigation each time an officer under
his command fires a weapon.
c. The supervisor shall cause a report to be filed immediately with the Chief of
Police regarding the firing of any weapon by police personnel [CALEA 1.3.6 a.].
d. If during the performance of duty or on any occasion an officer fires a weapon
and in doing so wounds or kills a suspect or perpetrator of a crime, the following
procedure is to be followed immediately:
1) Medical aid, to the extent possible, should be given to anyone injured
[CALEA 1.3.5].
2) The shift supervisor is to be notified immediately.
3) The shift supervisor will notify the Chief of Police immediately.
4) A shooting team, the members of which will be designated by the Chief of
Police, will be called to the scene.
5) The shooting team will be responsible for conducting a thorough
investigation into the circumstances surrounding the shooting. The
shooting team will, at the conclusion of the investigation, submit a report
to the Chief of Police including relevant facts and circumstances
surrounding the incident and a conclusion as to whether the discharge
violates departmental policy.
6) The shooting team will be functioning with the full authority of the Chief
of Police. The team will be in complete control of the internal
investigation. All officers, including shift supervisors, shall give the team
their full cooperation. No one shall interfere with such an investigation.
1.3.1 Use of Force Page 5 of 6
7) If the facts of the incident support a conclusion that the shot was the result
of negligence, the officer shall be required to undergo firearms
certification training again.
D. Use of Force Reports: The purpose of this section is to establish specific guidelines that
define the situation when a Use of Force Report must be completed. Not every touching
by an officer requires a report; circumstances that require a report are outlined in this
section [CALEA 1.3.6].
All officers are directed to complete a Use of Force Report when the following criteria
are met and turn it in to his supervisor before the end of his shift:
I. Situations that require supervisor notification and completion of the Use of Force
Report [Calea 1.3.6 b, c, d]:
a. An officer exercising police authority uses force which causes death for
any visible or apparent physical injury, or which results in the subject
saying that he or she was injured.
b. An officer exercising police authority uses any object including but not
limited to a baton, flashlight, hand, fist or foot to strike a blow to a
subject.
c. An officer exercising police authority bodily removes or drags a
struggling subject from one place to another, or forcibly places or keeps
a person in a prone position.
d. An officer exercising police authority uses force during or after which a
subject loses consciousness.
e. An officer uses any aerosol irritant or inflammatory agent (see 1.3.4).
f. An officer uses a Conducted Energy Weapon (see 1.3.4).
g. An officer discharges a firearm, regardless of duty status and regardless
of whether the discharge was accidental or intentional. (Exception: range
activity and other lawful and safe target practice)
h. An officer points a firearm at anyone.
2. Use of Force Reports will be submitted by the shift supervisor to the department's
administration [CALEA 1.3.7]:
a. Each Use of Force Report will be reviewed by the division's
respective captain and by the Chief's designated head of Office of
Professional Standards (OPS) [CALEA 1.3.7].
b. The designated head of OPS will conduct an annual review and
analysis of all Use of Force Reports and submit a report to the Chief of
Police [CALEA 1.3.13].
1.3.1 Use of Force Page 6 of 6
Comment [rt210 To satisfy 1.3.6 b
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 12.1.1 Direction
Effective Date:
Reference:
Version: 1
CALEA: 11.1.1, 11.2.1, 11.2.2, 11.3.1, 11.3.2, 12.1.1, 12.1.2, 12.1.3,
12.1.4
No. Pages: 3
I. PURPOSE'
The purpose of this policy is to define the responsibilities and position of the Chief of Police as the
[highest ranking member of the Fayetteville Police Department, to designate command during his
absence, to establish the agency's organizational structure, to ensure chain and unity of command, to
delineate responsibility, to delegate authority, and to make supervisors accountable for the
performance of subordinates [CALEA 11.1.1].
II. POLICY
A. CHIEF OF POLICE
The Chief of Police is the highest ranking member of the Fayetteville Police Department, and as
such shall be solely responsible for the management, direction, and control of the operations and
administration of Department activities [CALEA 12.1.1] :
1. The Mayor appoints the Chief of Police.
2. The Chief of Police is under the direct supervision of the Mayor.
3. The Chief of Police is responsible for the appointment and supervision of all subordinate
employees under his command in the Department.
4. The Chief of Police is also responsible for the direction, planning, training and
regulation of discipline within the Department [CALEA 12.1.1].
B. CHAIN OF COMMAND
In order to ensure leadership is available when the Chief of Police is incapacitated, off duty, out of
town, or otherwise absent from the decision making process, a supervisory contingency plan shall
be in effect. [CALEA 12.1.2 a]. This may also be in effect in exceptional situations, in situations
involving personnel of different functions, in normal day-to-day agency operations, and in
predetermined emergencies, incidents, or functions that are predetermined for a unique occurrence
and set forth in policy [CALEA 12.1.2 b., c., d]. For anticipated absences for extended periods, the
Chief of Police should designate in writing an acting authority during his absence.
The following list of supervisors specifies the chain of command that shall be followed during the
Chief s absence. Job descriptions are maintained in Human Resources [CALEA 11.1.1]:
12.1.1 Direction Page 1 of 3
Comment Ertl]: Amended language is in yellow.
high lights and are added to satisfy CALEA
standards,
Comment (3F2]: "Chief Executive officer'
replaced with "highest ranking member".
1. Deputy Chief(s) of Police by seniority in rank
2. Captain(s) by seniority in rank
3. Lieutenant(s) by seniority in rank
4. Sergeant(s) by seniority in rank
5. Corporal by seniority in rank
C. SWORN SUPERVISORY RESPONSIBILITY [CALEA 11.1.1]
1. Supervisory personnel shall be responsible for maintaining the Department's high level
of standards and shall be held accountable for the activities and performance of
employees under their immediate supervision [CALEA 11.3.2].
2. In order to achieve the basic goals and objectives of the Fayetteville Police Department,
each supervisor must effectively direct, coordinate, and control the performance of each
employee under his immediate supervision.
3. It shall be the policy of the Fayetteville Police Department to assign supervisory
personnel with peripheral assignments at the order of the Chief of Police in addition to
their primary responsibility of supervising subordinates so that Department goals and
plans are being performed properly according to policies and procedures.
D. NON -SWORN SUPERVISORY RESPONSIBILITY [CALEA 11.1.1]
1. Non -sworn supervisors in the department will follow the same tenets of supervision as
sworn supervisors and meet the same standards as set forth in this policy.
2. The following is a list of non -sworn supervisory positions. Job descriptions are maintained
in Human Resources:
a. Dispatch Manager
b. Assistant Dispatch Manager
c. Lead Dispatcher
d. Support Services Manager
e. Records Coordinator
f. Property and Evidence Manager
g. Information Technology Manager
E. AUTHORITY AND RESPONSIBILITY [CALEA 11.3.1]
1. All personnel shall exercise such authority as is commensurate with their responsibilities to
perform the tasks and duties described in their job description [CALEA 11.3.1 a.].
2. All personnel shall be responsible for that authority which is delegated to them and shall be
held accountable for the exercising of that authority [CALEA 11.3.1 b.].
F. UNITY OF COMMAND
One supervisor will be responsible for an organizational unit. Personnel will be accountable to one
supervisor at any given time. Normally, this will be the immediate supervisor of the employee's
organizational unit. [CALEA 11.2.1, 11.2.2]
12.1.1 Direction Page 2 of 3