HomeMy WebLinkAbout111-15 RESOLUTIONRESOLUTION NO. 111-15
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT
POLICIES 22.2.8 MILITARY ACTIVATIONS, 22.3 SECONDARY
EMPLOYMENT, 41.1.1 PATROL, AND 61.4.3 TOWED VEHICLES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville
Police Department policies 22.2.8 Military Activations, 22.3 Secondary Employment, 41.1.1
Patrol, and 61.4.3 Towed Vehicles.
PASSED and APPROVED this 7t" day of July, 2015.
ATTEST:
By:
SONDRA E. SMITH, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
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Text File
File Number: 2015-0297
Agenda Date: 7/7/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
FAYETTEVILLE POLICE DEPARTMENT POLICIES
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 22.2.8
MILITARY ACTIVATIONS, 22.3 SECONDARY EMPLOYMENT, 41.1.1 PATROL, AND 61.4.3
TOWED VEHICLES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville
Police Department policies 22.2.8 Military Activations, 22.3 Secondary Employment, 41.1.1 Patrol, and
61.4.3 Towed Vehicles.
City of Fayetteville, Arkansas Page 1 Printed on 71612015
City of Fayetteville Staff Review Form
2015-0297
Legistar File ID
7/7/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Greg Tabor, Chief of Police 6/19/2015 Police /
Police Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Council approves resolution adopting Fayetteville Police Polices 22.2.8, Military Activations; 22.3, Secondary
Employment; 41.1.1, Patrol; and 61.4.3 Towed Vehicles.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date: I --,::[ — 0
CITY OF
•
Tayee�le
ARKANSAS
MEETING OF JULY 7, 2015
TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
DATE: June 19, 2015
SUBJECT: Police Department Policy
CITY COUNCIL AGENDA MEMO
RECOMMENDATION:
Council approves resolution adopting Fayetteville Police Policies 22.2.8, Military Activations;
22.3 Secondary Employment; 41.1.1, Patrol; and 61.4.3, Towed Vehicles.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing policies and updating
as necessary to conform to current practices and to comply with accreditation standards. Policy
22.2.8, Military Activations, is a new policy. Policy 22.3, Secondary Employment, is an existing
policy that was approved by the council on April 7, 2010. Policy 41.1.1, Patrol, is an existing
policy that was approved by the council on September 4, 2012. Policy 61.4.3, Towed Vehicles,
is an existing policy that was approved by the council on October 4, 2011.
DISCUSSION:
Policy 22.2.8, Military Activations, is a new policy that addresses new accreditation standards.
The remaining three policies are existing policies that contain changes to comply with directives
written during our accreditation process. Other changes to these policies were made to comply
with state standards and current practices of the department. All changes are highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff.
Attachments:
Fayetteville Police Policy 22.2.8, Military Activations
Fayetteville Police Policy 22.3, Secondary Employment
Fayetteville Police Policy 41.1.1, Patrol
Fayetteville Police Policy 61.4.3, Towed Vehicles
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PR OCED URES, AND R ULES
Subject: 22.2.8 Military Activations
Effective Date:
52015
Reference: 1.3.1, City of Fayetteville Military Leave Policy
Version: 1
GALEA: 22.2.8
No. Pages: 3
I. PURPOSE
The purpose of this policy is to establish a plan for personnel with military activations exceeding
90 days for pre -deployment, deployment, and post -deployment.
II, POLICY
Situations involving military deployment orders can arise suddenly. The best practice is
effective communication from the Fayetteville Police Department to the employee and his or her
family prior to a deployment, during the deployment, and following a deployment. Having a
strong point of contact throughout the deployment period will help ensure a seamless transition.
To the extent possible, the deployed employee should be notified of agency news, significant
events, and promotions or promotion opportunities. Rights, responsibilities, and minimum
requirements are outlined in statutory law, most notably but not limited to the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA).
III. DEFINITIONS
A. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)- a
federal statute that protects service -members' and veterans' civilian employment rights.
USERRA provides that returning service -members will be able to return to their jobs
with their same pay, benefits, and status that they would have attained had they not been
absent for military service.
IV. PROCEDURES
A. Department's Point of Contact [CALEA 22.2.8 a.]
1. The department's point of contact will be the administrative captain:
a. The administrative captain will strive for effective communication between the
police department and the deployed employee and will be allowed to utilize any
resource available to accomplish this mission [CALEA 22.2.8 g.].
b. The administrative captain will ensure the deployed employee is periodically
notified of agency news, significant events, and promotions [CALEA 22.2.8 g.].
c. The administrative captain will track the department's promotional opportunities
and notify the deployed employee of those promotional opportunities that are
22.2.8 Military Activations Page 1 of 3
relevant to him / her. The administrative captain will keep the Fayetteville Police
Department Administration and the city's Human Resources Division advised of
such promotional opportunities affecting deployed members of the department to
ensure promotional processes are compliant with federal and state laws. [CALEA
22.2.8 g.].
B. City of Fayetteville Human Resources Point of Contact [CALEA 22.2.8 b]
1. The City of Fayetteville Human Resources Division point of contact will be the
human resources benefits administrator. A deployed employee may make contact
with the human resources benefits administrator while on leave to obtain information,
request assistance, or to have questions answered [CALEA 22.2.8 g.].
C. Processing Prior to Military Deployment [CALEA 22.2.8 c.]
1. A regular department member, who is a member of the National Guard or reserves of
the United States Armed Forces, who is deployed for the purpose of entering any
branch of the United States Armed Forces for a period exceeding 90 days shall be
placed in military active duty status and granted a leave of absence.
a. Reasonable advance notice of impending military leave should be provided by the
employee and a copy of the orders should be submitted to the administrative
captain through the employee's chain of command. The administrative captain
will ensure a copy of the orders will be given to the Human Resources Division.
b. Employees must comply with the City of Fayetteville's Military Leave Policy.
c. If available, the employee should provide the administrative captain with the
name and contact information for the employee's military commanding officer for
situations where communication may become difficult. The employee should
also provide email addresses, additional phone numbers, addresses, and reaffirm
contacts remaining stateside [CALEA 22.2.8 g.].
d. The employee will have an exit interview prior to deployment with the Chief of
Police or his/her designee, if the timing of the deployment permits [CALEA
22.2.8 c.].
D. Storage of Agency Owned Equipment During Deployment [CALEA 22.2.8 d.]
If an opportunity is provided, the employee shall meet with his / her supervisor to
determine storage of agency owned equipment during the deployment. The
supervisor will forward the information upward through the chain of command.
a. If the employee has other items or assigned resources that for the benefit of the
department need to be temporarily reassigned, the supervisor will identify such
items with the employee and reassign such items after consulting with his/her
chain of command.
b. The employee may also provide additional items to the department through
his/her supervisor that the employee wants to be safely secured at the department
during the deployment.
E. Processing Upon Return From Deployment [CALEA 22.2.8 e.]
22.2.8 Military Activations Page 2 of 3
It shall be recognized that members returning from military deployment, particularly
those having been involved in combat operations, may have specialized needs.
a. Traditional Employee Assistance Programs (EAP) may not sufficiently meet the
needs of returning military members/police officers.
b. The department shall consider all locally available and feasible resources to meet
the returning employee's needs.
c. The returning employee will be provided access to the human resources benefit
administrator.
d. The returning employee will have a return interview with the Chief of Police or
his / her designee.
F. Initial and/or Refresher Training, Weapons Requalification, and Steps for Reintegration
as Appropriate [CALEA 22.2.8 f.]
1. As stated in Policy 1.3.1, any officer returning to duty after an absence exceeding
three months shall report to the Training Division for remedial weapons training and
successfully complete a CLEST approved qualification course prior to being
permitting to return to full duty.
2. On a case by case basis and depending on the employee's time away from department
during the deployment, the training coordinator shall determine the training needs of
the returning employee and establish a plan to provide the training to him/her.
Documentation of the training will be kept in the employee's training file.
3. The Chief of Police or designee may decide to assign a field training officer to the
returning employee after prolonged deployments. The training coordinator will
provide a written reintegration training plan on each , returning employee after a
review of relative information including assignment and time away from the
department. The assigned field training officer will evaluate the returning employee's
performance to correspond with the training coordinator's reintegration plan. The
training coordinator will communicate progress to the Chief of Police through the
chain of command. After the returning employee has successfully completed the
reintegration plan, the employee will return to regular duty. Documentation of the
training will be kept in the employee's training file.
22.2.8 Military Activations Page 3 of 3
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 22.3 Secondary Employment
Effective Date:
April 7, 2010
Reference:
Version: 1
CALEA: 22.3.4, 22.3.5
No. Pages: 3
I. Purpose
To establish guidelines for secondary employment by members of the Fayetteville Police
Department.
II. Policy
It is the policy of the Fayetteville Police Department to allow agency personnel to engage
in approved secondary employment opportunities within the guidelines of this
policy.[CALEA 22.3.4]
III.Defmitions
A. Extra -Duty Employment — secondary employment wherein the actual or potential
use of law enforcement powers is anticipated.
B. Off -Duty Employment — secondary employment wherein the actual or potential
use of law enforcement powers is not anticipated.
IV. Departmental Limitations
A. Employees may not engage in employment that is a threat to the status and dignity
of law enforcement as a professional occupation. Employment representing such
a threat includes, but is not limited to: [CALEA 22.3.4]
1. Employment at establishments that promote obscenity or pornography as
defined by the Arkansas Criminal Code.
2. Any employment where the dispensing or consumption of alcoholic
beverages is the primary function of the business. This prohibition does
not include approval obtained by the Chief of Police for working special
events where alcoholic beverage permits have been granted.
3. Any employment where gambling occurs as the main source of activity.
(This does not include civic fund raising events where the proceeds are
used to support legitimate charities or other nonprofit agencies).
4. Any employment where the employer is involved in a labor or civil rights
dispute.
22.3 Secondary Employment Page 1 of 3
5. Any employment with individuals or companies of questionable business
interest where there could be a decrease in trust and confidence from the
public.
6. Any employment whereby the nature of such employment would interfere
with the performance of official duties, jeopardize in any manner the
impartial position of the Department or create a liability concern that
might involve the employee violating any procedure, ordinance or law.
7. Any employment that might present potential conflicts of interest for
employees between the Departmental duties and their duties for a
secondary employer.
8. Any employment that creates a decrease in trust and confidence from the
public.
B. To be eligible for secondary employment, employees must be in good standing
with the department. The employee's history of past disciplinary actions shall be
taken into consideration by the Chief of Police when determining eligibility.
C. Employees must have completed the Field Training Program before being eligible
to work extra -duty employment.
D. Employees absent from duty, due to sickness, may not engage in secondary
employment during the hours in which they were regularly scheduled to work.
E. Employees on light duty status, extended sick leave (more than three consecutive
days), worker's compensation, FMLA, administrative leave or suspension are not
authorized to work any extra -duty ployment without the written consent of the
Chief of Police.
F. Employees will not engage in any secondary employment that might affect the
objectivity and independence of their judgment or conduct in performing their
official duties and responsibilities.
G. Work hours for all secondary employment must be scheduled in a way that does
not conflict nor interfere with the employee's official performance of duty.
Special consideration will not be given to scheduling of the employee's duty hours
to accommodate secondary employment.
H. All employees of the Department engaged in secondary employment are subject
to call out in case of emergency and will be expected to leave any other
employment in such situations.
I. Employees will not report to duty physically or mentally exhausted to the point
where their performance is affected because of any secondary employment.
J. Extra -duty employment is limited to within the corporate limits of the City of
Fayetteville. Off -duty employment may be authorized outside the city limits.
V. Guidelines
A. Employees must complete a Request for Approval of Extra Employment Outside
Department Form prior to seeking secondary employment. This form must be
routed through the employee's chain of command. [CALEA 22.3.5a]
B. The Chief of Police will have final approval or disapproval authority for requests
of secondary employment, and no employee shall work such employment until
authorization has been obtained. [CALEA 22.3.5c]
22.3 Secondary Employment Page 2 of 3
C. The Request for Approval of Extra Employment form shall contain the significant
aspects of the secondary employment job the employee is seeking. [CALEA
22.3.5e]
D. A copy of all approved secondary employment forms shall be routed to the
Administrative Captain for. filing and review for adherence of this policy.
[CALEA 22.3.5d]
E. Once on -going secondary employment has been approved, the employee must
resubmit a "new" request for approval form at the beginning of each year.
F. Once granted, approval for secondary employment can be revoked or annual
renewal denied when, in the judgment of the employee's chain of command, the
secondary employment becomes incompatible with departmental employment or
adversely affects the employee's job performance or efficiency. [CALEA
22.3.5c]
VI. Accountability
A. All employees engaged in extra -duty employment, uniformed or plain clothes,
shall abide by the Policies, Procedures and Rules of the Fayetteville Police
Department. [CALEA 22.3.5b]
B. Officers wearing his/her uniform off -duty are a representative of the Department.
As such, the member shall avoid non -police related job duties that would tend to
detract from the professional image of the Fayetteville Police Department.
Officers must conduct themselves at all times in a manner consistent with public
respect for the uniform of the Department. [CALEA 22.3.5b]
C. Arrests made while engaging in secondary employment, will be turned over to the
on -duty patrol shift for transport. The extra -duty or off -duty officer shall
complete all necessary and required reports detailing the facts of the case.
D. All sworn personnel working secondary employment are required to take
enforcement action, within the jurisdiction of the Department, in an emergency.
Under no circumstances shall an officer refuse a request due to being "off -duty".
[CALEA 22.3.5b]
22.3 Secondary Employment Page 3 of 3
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND R ULES
Subject: 41.1.1 Patrol
Effective Date:
September 4, 2012
Reference: 41.2.17, 41.3.5, 1.2.2, G.O. #24
Version: 1
CALEA: 41, 81
No. Pages: 6
I. PURPOSE
The purpose of this directive is to state policies relating to the organization, administration, and
operations of the patrol component of the Fayetteville Police Department.
II. POLICY
The patrol function is a primary law enforcement responsibility and embraces much more than
the act of patrolling. It is a generalized service in which officers engage in a wide variety of
activities to include, but not limited to, enforcing traffic/criminal laws, apprehending criminals,
responding to calls for service, crime prevention, accident investigation, conducting preliminary
and follow-up investigations, community relations, maintenance of public order, etc. It is the
policy that the Fayetteville Police Department shall be available for public service and
emergency calls 24 hours a day, each day of the week [CALEA 41.1.1 a].
A. ORGANIZATION AND ADMINISTRATION
1. Patrol Performance
a. The Chief of Police shall be responsible for reviewing annual patrol performance
measures.
b. These performance measures must be attainable, quantifiable, and measurable.
2. The Chief of Police will be responsible for establishing procedures to ensure positive
communication between patrol and other divisions and programs within the department.
3. Officer Assignment
a. The Chief of Police will be responsible for assigning officers to a shift [CALEA
41.1.1 b].
b. The assignment will be based on a uniform procedure to ensure impartiality in the
decision making process. Supervisors assigned to patrol will make decisions
pertaining to any shift scheduling amongst personnel and shall consider this based
on department needs and personnel requests [CALEA 41.1.1 c].
41.1.1 Patrol Page 1 of 6
c. Patrol shift supervisors scheduling responsibilities include:
1) Beat assignment and beat rotation schedules [CALEA 41.1.1 d, e].
2) Ensuring sufficient personnel are available for daily assignment to meet
prescribed minimum staffing levels.
3) Anticipating pre -planned major events and ensuring availability of personnel
required.
4) Monitoring and minimizing overtime expenditures.
5) Coordinating officers' attendance at training, meetings, court, etc.
d. The shift supervisor(s) will be responsible for field operations.
e. When determining scheduling for patrol officers and first line supervisors, daily
workload requirements, maximum coverage and departmental needs take priority
over personal preference [CALEA 41.1.1 fJ.
4. Roll Call and Briefing
a. Officers shall attend roll call and briefing at the beginning of each shift until
released by the shift supervisor. Shift roll call/briefing shall include [CALEA
41.1.2J:
1) Briefing officers with information regarding daily patrol activity, with
particular attention given to unusual situations and changes in the status of
wanted persons, stolen vehicles, and major investigations;
2) Notifying officers of potential and actual police hazards in the area;
3) Notifying officers of changes in schedules and assignments;
4) Notifying officers of new or revised policies, procedures, rules and general
orders; and
5) Evaluating officer readiness to assume patrol (uniform, equipment, vehicle,
etc).
The number of units assigned to a call is determined by the specific elements that, by
their presence or absence may affect the severity of the incident and the type of response
to properly conclude the incident. The number of units normally assigned to a call has
been predetermined and programmed into the CAD system as a guideline to follow.
Response to some calls may require additional officers in order to deal effectively with
the incident. Officers and supervisors may request more or fewer units at their discretion.
The Chief of Police and/or his designee will determine these call types. Examples
include, but are not limited to [CALEA 81.2.4 e.J:
a. An assault/battery on an officer;
b. On -scene arrest for a felony or violent misdemeanor;
c. Resistance to arrest;
d. Use of force;
e. A serious crime in progress; or
f. A fleeing suspect.
41. l .1 Patrol Page 2 of 6
Central Dispatch Center shall ensure the dispatch of two officers to these call types where
appropriate and patrol supervisors have the authority to increase/decrease the number of officers
responding to any incident. When necessary, officers should request back-up assistance, and
when possible, responding officers should coordinate their simultaneous arrival.
6. Certain The following responses may require the presence of a patrol supervisor at the
scene for the purpose of assuming command. Examples These include, but are not
limited to [CALEA 81.2.4 f.]:
a. Critical incident requiring scene organization;
b. Confirmed robbery with ensuing investigation;
c. Major events or multi -faceted special event;
d. Officer involved death or serious injury investigation.
7. The Chief of Police shall determine what calls do not require the dispatch of an officer
and can be effectively handled by receiving information through an alternative method
(telephone, on-line, etc).
8. The Chief of Police shall be notified through the chain of command immediately as soon
as possible of the following types of incidents:
a. Serious injury to police officer.
b. Accident involving police vehicle where an officer or citizen is injured or major
property damage is involved.
c. Major crimes to include murder, bank/store robbery, prisoner escape, or any
heinous crime.
d. Barricaded/hostage situation.
e. Disasters or catastrophes.
f. Serious complaint or incident involving an officer.
g. Fatality accidents.
h. Any incident where there may be a question of the department's liability or which
may result in a heightened community interest [CALEA 11.4.5].
9. Incidents of a less serious nature shall be reported through the chain of command as
directed.
B. OPERATIONS
1. Preliminary and Follow-up Investigations.
Preliminary investigation is a matter of routine for patrol officers. Follow-up investigations may
be done at the officer's initiation or supervisor direction. Follow-up investigations on certain
crimes may be coordinated and/or conducted by investigative personnel as determined by a
supervisor.
2. An emergency mode of operation with emergency lights and siren activated may be used
when responding to the following listed emergencies. Officers may exceed the speed
limit, proceed with caution through stop signs and red lights, and may disregard other
41.1.1 Patrol Page 3 of 6
traffic laws when done safely in response to the following listed emergencies [CALEA
41.2.1]:
a. Authorized pursuits
b. Aggravated assault in progress
c. Rape in progress
d. Armed robbery in progress
e. Kidnapping in progress
f. Injury accident
g. Officer in need of assistance
h. Any other serious incident or with supervisor authorization
This exemption shall not relieve any officer of an authorized emergency vehicle from the lawful
responsibility to drive with due regard for the safety of all persons, nor shall it protect the officer
from the consequence of a reckless disregard for the safety of others. If an officer is driving in
emergency mode, lights and siren must be used in accordance with state law.
3. In the course of routine patrol and in response to non -emergency calls, officers will
operate their vehicles without the use of emergency lights or siren.
4. Officers assigned to patrol must understand, as first responders, they may find themselves
on many occasions at scenes where they need to make additional notifications to
personnel or agencies with specific expertise and/or authority [CALEA 41.2.4]:
a. Officers of the Fayetteville Police Department are expected to make logical
decisions in this area and fully consider various types of notifications that may
need to be made for safety as well as case or investigation preservation and
purposes.
b. In cases of death response/investigation, officers with the assistance of dispatch
should notify the shift supervisor, detective supervisory personnel, and the
coroner's office.
c. In incidents where medical treatment is warranted, officers should ensure
Emergency Medical Services personnel are notified. Officers should follow the
Secondary Emergency Notification of Dispatch. SEND protocol:
(1) Provide the chief medical complaint and incident type and number of
persons injured.
(2) Provide the approximate age of patient(s).
(3) Provide whether patient is conscious and alert.
(4) Provide if the patient is breathing and if so is breathing with difficulty.
(5) Provide if the patient is experiencing chest pain.
(6) Provide if the patient is experiencing severe bleeding.
d. When encountering uncontrolled fires, officers should immediately ensure
Fayetteville Fire Department is notified for response.
e. In cases where public utilities have been disturbed, officers should request
dispatch assist them in making the proper notifications to public utilities
personnel.
f. Officers must communicate with their supervisors during incidents in which
information should be provided to the news media, to include incidents requiring
41.1.1 Patrol Page 4 of 6
major road closings, large area evacuations, and for providing suspect information
that is advantageous or required for an investigation. Such media disclosures
should be channeled through the Public Information Officer (PIO) as directed in
Policy 54.1.1. Policy 54.1.1 also governs routine news media inquiries that may
be handled by shift supervisors.
g. In cases involving crimes in other jurisdictions, officers shall be responsible for
making prompt notification to the appropriate law enforcement agency. Officers
shall also be responsible for applicable reports or documentation.
e
p
A
t2Sflt'
S.2 nn 27
.vte
i
y
person's
d. Follow up investigation
will be condutcd by patrol and/or investigative
personnel
11.2.5 dej
when necessary [CALEA
1) Length time that ba the
disappearance;
of passed since
2) Age and mobility of the -missing person;
3) Infirmity and/or need for medication;
4) Suspicious to includO foul
circumstances
play suspected.
4l . l . l Patrol Page 5 of 6
1) Name,
date
birth;
race,
sex,
and
of
2) Phyica1
description;
3) Clothing
description;
4) Physical
Mental
disabilities;
5) Unusual
6) Vehicle information.
circumstances;
f
6. Field Interviews/Intelligence Reports - Patrol personnel will document all field
interviews/intelligence reports to provide other officers and detectives with information
concerning suspicious persons (See FPD 1.2.2).
7. Officer Access to Radio Communications
a. When possible, all patrol officers shall be equipped with a portable radio and/or a
mobile radio unit.
b. Patrol officers shall give their badge number as their unit number in radio
communications.
c. Patrol officers shall utilize the appropriate 10 -code, signals and dispositions in
keeping each other, supervisors, and dispatchers informed of locations, the nature
or status of a call, and developments in an investigation.
d. When working with other departments on an incident, officers should refrain from
using 10 -codes and should use plain language.
8. Uniforms — Refer to 41.3.5 Grooming and Uniform Requirements.
9. Specialized Assignments - Fayetteville Police Department recognizes the need to staff
specialized units which provide a supportive function to the patrol division [CALEA
16.2.2].
a. An announcement shall be made and posted to all personnel when an opening
occurs to a specialized unit.
b. The announcement will contain requirements and criteria for personnel to be
appointed to the specialized unit.
c. The announcement will describe the selection process to be used for appointment
to the specialized unit.
d. The following are specialized units within the department:
1) Detective
2) Emergency Response Team
3) Crisis Negotiation Team
4) Canine Officer
5) Bicycle Patrol
6) Motorcycle Patrol
7) School Resource Officer
8) Field Training Officer
9) Community Oriented Policing
41.1.1 Patrol Page 6 of 6
10. Canine, motorcycle and bicycle units - The canine, motorcycle and bicycle units provide
a specialized, supportive function to patrol units.
41.1.1 Patrol Page 7 of 6
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 61.4.3 Towed Vehicles
Effective Date:
October 4, 2011
Reference:
Version: 1
CALEA: 61.4.3
No. Pages: 4
I. PURPOSE
It is the purpose of this policy to provide guidelines for towing and impounding motor vehicles.
II. POLICY
Officers are routinely faced with the question of whether to impound or tow motor vehicles for
purposes of safekeeping property, securing evidence, protecting the public, or securing property
under asset forfeiture statutes, among other reasons. This policy provides guidelines that officers
should use to decide issues related to the ownership of and procedures for impounding motor
vehicles.
III. DEFINITIONS:
1. Unattended: any vehicle left on public property without the consent of an authority in
charge of such property or on or near a public way without some person in possession
of such vehicle.
2. Abandoned: any vehicle deemed to be unattended as defined in this section [CALEA
61.4.3 a.]:
a. When it is apparent the owner does not intend to retake possession.
b. When it remains unattended for a period of thirty (30) days, during which the
owner has given no evidence of intent to retake possession.
3. Public way: any road, highway, street, etc. over which the public may travel,
including the paved surface and any berm or shoulder thereof. (Does not include
private property).
4. Removal: an officer of this department may request CDC to call a towing service.
5. Investigative Hold: a temporary hold on an impounded vehicle for investigative
purposes.
61.4.3 Towed Vehicles Page 1 of4
6. Other Hold: a temporary hold placed on an impounded vehicle for reasons other than
investigative purposes.
7. Vehicle impoundment: to remove or cause to be removed a vehicle from a street,
highway, shoulder, or other public way by an officer and stored in a designated
impound yard.
IV. PROCEDURES
1. Except in those instances where an emergency exists, or where the immediate
clearing of a public thoroughfare calls for an expedited towing service, owners shall
be given preference of a towing service.
2. When an officer orders a vehicle towed or impounded, the officer is to inventory the
vehicle, including the interior, trunk/cargo area, glove box, all compartments and
under seats. All closed/locked containers found during the inventory shall be opened.
Caution should be given to ensure no damage is done to personal property. A "Tow
Vehicle Inventory" form shall be completed by the officer towing the vehicle. A copy
of the report will be provided to the tow company and to the owner/operator of
vehicle. If the owner/operator is not available, a copy of the report will be left inside
the vehicle. A third copy of the report will be kept for department files [CALEA
61.4.3 c.].
a. This includes vehicles impounded or towed for the following: incidental to an
arrest, hit and run accident, stolen, abandoned or unattended vehicles, as well
as, involvement in any criminal activity.
b. Officers should use caution during the inventory process to not contaminate or
destroy the evidentiary value of the property in question.
c. This procedure does not include vehicles that are towed at the request of the
owner or operator because of malfunction or accident.
d. Damage to the vehicle other than normal wear should be described in the
section for damage. Note whether the damage appears to be new or old.
3. Officer(s) shall take appropriate enforcement action if during an inventory evidence,
contraband or proceeds/instruments of a crime are discovered.
4. Seized vehicles - Motor vehicles shall not be impounded for purposes other than
those defined by statute or ordinance, (e.g., not as a form of punishment, or to hold
the vehicle hostage until the owner produces certain information or persons, or
as a means of conducting vehicle searches when probable cause does not exist or
consent to search cannot be obtained). A Criminal Investigation Division
supervisor shall be consulted to authorize the seizure of a vehicle. Investigation
personnel will ensure proper documentation is completed concerning the seizure of a
vehicle i.e. Vehicle Notification form, CID -7 receipt form, etc. A "Tow Vehicle
Inventory" form will be completed.
5. Criteria for vehicle impoundment - officers may impound vehicles in the following
situations [CALEA 61.4.3 b.]:
61.4.3 Towed Vehicles Page 2 of 4
a. When a vehicle is evidence in a crime or the vehicle needs to be held for
investigative purposes.
b. When a vehicle is confiscated pursuant to law.
c. When an officer has deemed that a vehicle is a traffic hazard.
d. When a vehicle has been abandoned. [CALEA 61.4.3 a.]
e. When the driver has been arrested and the vehicle is left unattended in a
location which would constitute a traffic hazard or is highly susceptible to
damage or vandalism. This includes private property which is open to the
public.
f. When the vehicle in question has been reported stolen and the owner cannot
be notified or is unable to come to the scene and take possession of the
recovered vehicle within a reasonable amount of time.
g. When a vehicle has been marked for tow and is parked or left standing in the
same location on a city street in excess of 24 hours.
h. When the owner or operator specifically requests and authorizes the
impoundment.
i. When the owner or operator has been involved in an accident or has been
taken into custody and is not physically, mentally, or legally capable of
driving the vehicle or of giving consent to leave it.
6. Alternatives to Vehicle Impoundment - officers may offer the owner/operator one of
the following options for the disposition of the vehicle:
a. Allow a responsible person who possesses a valid operator's license to assume
responsibility of the vehicle and its contents.
b. Summon a person of the owner/operator's choice to come to the scene, in a
timely manner, to take custody of the vehicle.
c. Properly park and secure the vehicle.
7. Inventory of motor vehicles [CALEA 61.4.3 c.]:
a. If items of obvious value are located inside the vehicle, or a container therein,
which should be stored separately from the vehicle, it is the duty of the officer
conducting the inventory to record the nature of the valuable item, the
condition of the valuable item and the location where this item is stored. A
copy of the inventory should be made available to the owner/operator of the
vehicle and a copy of the inventory for the wrecker/storage company.
b. Care should be taken during inventory to avoid damaging the vehicle or any
of its contents.
8. Owner Notification:
a. Officers towing unattended vehicles must attempt to notify the registered
owner of the vehicle's location prior to the end of his/her working shift. If
such notification is not possible, the officer should notify the immediate on-
coming supervisor to ensure the notification process is continued.
61.4.3 Towed Vehicles Page 3 of 4
b. Officers towing unattended vehicles used in the commission of a crime or that
are stolen should notify the Criminal Investigations Division supervisor for
evidentiary purposes. Owner notification of such vehicles shall by completed
by CID personnel.
9. Private Property [CALEA 61.4.3 b.]:
a. Vehicles on private property may be subject to towing by the owner of the
property. The owner of the property will be required to contact the wrecker
service of their choice.
b. As required in state law, a tow company performing a non-consensual tow off
of private property shall, within 2 hours of the tow, will either call the
information (location, vehicle description, etc.) into the Central Dispatch
Center or submit it by fax. The Central Dispatch Center, in turn and within 24
hours of notification, will provide the tow company firm information supplied
from the records of the Office of Motor Vehicle, the Arkansas Crime
Information Center, or, if there is evidence the non-consensual tow is
registered from another state, the registration records from that state, the name
and address of the last registered owner, and the name and address of the
holder of any recorded lien. the name of the registered owner and/or lien
holder of the vehicle. Information to include the make, model, vehicle
identification or serial number, the date, time, and location of the removal, and
the name, address, and telephone number of the tow company must be entered
in the department's records management system and maintained as a log.
providethc tow company the name Of the registered owner and/or lien holderof
the vehicle This information is then entered in the department's records
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