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HomeMy WebLinkAbout173-15 RESOLUTIONo� FAYE?, L gRkANSPS 1 U West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 173-15 File Number: 2015-0445 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.1.1, LAW ENFORCEMENT ROLE; 1.2.3, BIAS BASED PROFILING PROHIBITED; 1.3.4, LESS- LETHAL WEAPONS AND DEFENSIVE TACTICS; 12.1.1, ORGANIZATIONAL STRUCTURE, FUNCTIONS AND DIRECTION; 12.2.1, POLICIES, PROCEDURES AND RULES DEVELOPMENT AND REVIEW PROCEDURES; 22.2.8, MILITARY 'ACTIVATIONS; 25.1, GRIEVANCE PROCEDURES; 33.1, TRAINING; 35.1.1, PERFORMANCE EVALUATIONS/PERSONNEL EARLY WARNING SYSTEM; 41.2.5, MISSING PERSONS; 41.2.7, DEPARTMENT RESPONSE TO MENTALLY ILL SUBJECTS; 41.3.5, GROOMING AN UNIFORM REQUIREMENTS; 42.1.1, CRIMINAL INVESTIGATIONS; 44.1.1, JUVENILE OPERATIONS; AND 84.1.1, PROPERTY MANAGEMENT, ACQUIRED AND IN - CUSTODY 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 1.1.1, Law Enforcement Role; 1.2.3 Bias Based Profiling Prohibited; 1.3.4, Less - Lethal Weapons and Defensive Tactics; 12.1.1, Organizational Structure, Functions and Direction; 12.2.1, Policies, Procedures and Rules Development and Review Procedures; 22.2.8, Military Activations; 25.1, Grievance Procedures; 33.1, Training; 35.1.1, Performance Evaluations/Personnel Early Warning System; 41.2.5, Missing Persons; 41.2.7, Department Response to Mentally Ill Subjects; 41.3.5, Grooming and Uniform Requirements; 42.1.1, Criminal Investigations; 44.1.1, Juvenile Operations; and 84.1.1, Property Management, Acquired and In -Custody. PASSED and APPROVED on 10/6/2015 Page 1 Printed on 9017115 Resolution 173-15 Attest; Sondra E. Smith, City Clerk Treasur ,?,V, `v; FAYETTEb'll_1.E. � LLQ. • '!A J� ,!y �a p G� +�4� 1 Page 2 Printed on 1017115 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 x ... Text Fife File Number: 2015-0445 Agenda Date: 1016/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.1.1, LAW ENFORCEMENT ROLE; 1.2.3, BIAS BASED PROFILING PROHIBITED; 1.3.4, LESS- LETHAL WEAPONS AND DEFENSIVE TACTICS; 12.1.1, ORGANIZATIONAL STRUCTURE, FUNCTIONS AND DIRECTION; . 12.2.1, POLICIES, PROCEDURES AND RULES DEVELOPMENT AND REVIEW PROCEDURES; 22.2.8, MILITARY ACTIVATIONS; 25.1, GRIEVANCE PROCEDURES; 33.1, TRAINING; 35.1.1, PERFORMANCE EVALUATIONS/PERSONNEL EARLY WARNING SYSTEM; 41.2.5, MISSING PERSONS; 41.2.7, DEPARTMENT RESPONSE TO MENTALLY ILL SUBJECTS; 41.3.5, GROOMING AND UNIFORM REQUIREMENTS; 42.1.1, CRIMINAL INVESTIGATIONS; 44.1.1, JUVENILE OPERATIONS; AND 84.1.1, PROPERTY MANAGEMENT, ACQUIRED AND IN -CUSTODY 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 1.1.1, Law Enforcement Role; 1.2.3 Bias Based Profiling Prohibited; 1.3.4, Less -Lethal Weapons and Defensive Tactics; 12.1.1, Organizational Structure, Functions and Direction; 12.2.1, Policies, Procedures and Rules Development and Review Procedures; 22.2.8, Military Activations; 25.1, Grievance Procedures; 33.1, Training; 35.1.1, Performance Evaluations/Personnel Early Warning System; 41.2.5, Missing Persons; 41.2.7, Department Response to Mentally Ill Subjects; 41.3.5, Grooming and Uniform Requirements; 42.1.1, Criminal Investigations; 44.1.1, Juvenile Operations; and 84.1.1, Property Management, Acquired and In -Custody. Cify of Fayetteville, Arkansas Page 1 Printed on 1017/2015 City of Fayetteville Staff Review Form 2015-0445 Legistar File ID 10/6/2015 City Counell Meeting ©ate -Agenda Item Only N/A for Non -Agenda Item Greg Tabor 9/18/2015 Police/ Police Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Fayetteville Police Policies 1.1.1, Law Enforcement Rale; 1.2.3, Bias Based Profiling Prohibited; 1.14, Less Lethal Weapons and Defensive Tactics; 12-1.1, Organization Structure, Functions and Directions; 12.2.1, Policies, Procedures & Rules Development & Review Procedures; 22.2.8, Military Activations; 25.1, Grievance Procedures; 33.1, Training, 35.1.1, Performance Evaluations / Personnel Early Warning System; 41.2.5, Missing Persons; 41.2.7, Department Response to Mentally III Subjects; 41.3.5, Grooming & Uniform Requirements; 42.1.1, Criminal Investigations; 44.1.1, Juvenile Operations; and 84.1.1, Property Management; Acquired & In -Custody. Account Number Project Number Budgeted Item? NA Does Item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title 720140710 Approval Date:D(ft- bull 21 CITY OF P P vt e L �+e ARKANSAS MEETING OF OCTOBER 6, 2015 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: September 16, 2015 SUBJECT: Police Department Policy CITY COUNCIL AGENDA MEMO RECOMMENDATION: Council approves resolution adopting Fayetteville Police Policies 1.1.1, Law Enforcement Role; 1.2.3, Bias Based Profiling Prohibited; 1.3.4, Less Lethal Weapons and Defensive Tactics; 12.1.1, Organization Structure, Functions and Directions; 12.2.1, Policies, Procedures & Rules Development & Review Procedures; 22.2.8, Military Activations; 25.1, Grievance Procedures; 33.1, Training; 35.1.1, Performance Evaluations I Personnel Early Warning System; 41.2.5, Missing Persons; 41.2.7, Department Response to Mentally III Subjects; 41.3.5, Grooming & Uniform Requirements; 42.1.1, Criminal Investigations; 44.1.1, Juvenile Operations; and 84.1.1, Property Management; Acquired & In -Custody. 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 CALEA accreditation standards. Policies 41.2.5 Missing Persons is a new policy. Policy 1.1.1, Law Enforcement Role, is an existing policy that was approved by the council on November 15, 2011. Policy 1.2.3, Bias Based Profiling Prohibited, is an existing policy that was approved by the council on July 8, 2008. Policy 1.3.4, Less Lethal Weapons and Defensive Tactics, is an existing policy that was approved by the council on March 17, 2015. Policy 12.1.1, Organizational Structure, Functions and Direction, is an existing policy that was approved by the council on May 1, 2012. Policy 12.2.1, Policies, Procedures & Rules Development & Review Procedures, is an existing policy that was approved by the council on September 4, 2002. Policy 22.2.8, Military Activations, is an existing policy that was approved by the council on July 7, 2015. Policy 25.1, Grievance Procedures, is an existing policy that was approved by the council on October 4, 2011. Policy 33.1, Training, is an existing policy that was approved by the council on November 19, 2013. Policy 35.1.1, Performance Evaluations/Personnel Early Warning System, is an existing policy that was approved by the council on October 4, 2011. Policy 41.2.7, Department Response to Mentally III Subjects, is an existing policy that was approved by the council on July 7, 2010. Policy 41.3.5, Grooming and Uniform Requirements, is an existing policy that was approved by the council on September 4, 2012. Policy 42.1.1, Criminal Investigations, is an existing policy that was approved by the council on November 8, 2012. Policy 44.1.1, Juvenile Operations, is an existing policy that was approved by the council on November 8, 2012. Policy 84.1.1, Property Management; Acquired & In -Custody, is an existing policy that was approved by the council on November 8, 2012. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Policy 41.2.5, Missing Persons, is a new policy that combined existing requirements from two other policies. Some additional requirements were included to get the policy certified with the National Center for Missing and Exploited Children. The remaining fourteen policies are existing policies that contain changes to comply with directives written during our CALEA accreditation process and comments from the mock assessment. Some other changes were made'to these policies to comply with state laws 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 1.1.1, Law Enforcement Role Fayetteville Police Policy 1.2.3, Bias Based Profiling Prohibited Fayetteville Police Policy 1.3.4, Less Lethal Weapons and Defensive Tactics Fayetteville Police Policy 12.1.1, Organization Structure, Functions and Directions Fayetteville Police Policy 12.2.1, Policies, Procedures & Rules Development & Review Procedures Fayetteville Police Policy 22.2.8, Military Activations Fayetteville Police Policy 25.1, Grievance Procedures Fayetteville Police Policy 33.1, Training Fayetteville Police Policy 35.1.1, Performance Evaluations / Personnel Early Warning System Fayetteville Police Policy 41.2.5, Missing Persons Fayetteville Police Policy 41.2.7, Department Response to Mentally Ill Subjects Fayetteville Police Policy 41.3.5, Grooming & Uniform Requirements Fayetteville Police Policy 42.1.1, Criminal Investigations Fayetteville Police Policy 44.1.1, Juvenile Operations Fayetteville Police Policy 84.1.1, Property Management; Acquired & In -Custody 2 FAYETTEVILI..E POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCED URES, AND R ULES Subject; 1.1.1 Law Enforcement Agency Role Effective Date: November 15, 2011 Reference: Version: 1 CALEA: 1.1.1, 1.1.2, 11.3.1 a., 12.2.1 No. Pages: 5 L PURPOSE The purpose of this directive is to require all personnel to take and abide by an oath of office, when applicable, and to abide by a code of conduct. By operating under an oath of office and/or code of conduct, employees will be aware of actions and attitudes ,expected of them, and the public. will be provided with a general standard by which,they can measure the department's performance. Defining the oath of office and code of conduct also specifies the department's intent to be responsive to and protect the constitutional rights of the community. U. Policy A. Oath of Office - Prior to assuming their official position, all sworn personnel of the Fayetteville Police Department shall take an oath of office to enforce the law and uphold the Constitutions of the United States and the State of Arkansas, and. to perform all duties incumbent as a police officer of the City of Fayetteville and bound by such legal rules and regulations [CALEA 1.1.1]. B. Code of Ethics - All personnel of the Fayetteville Police Department shall abide by the Codes of Ethics described in this policy. All personnel will take part in ethics training conducted on a biennial basis [CALEA 1.1.2]. All personnel will treat the public and fellow employees with courtesy and respect. All personnel will refrain from any foram of communication to the discredit of the department or others. C. Sworn Code of Ethics [CALEA 1.1.2] 1. LAW ENFORCEMENT CODE OF ETHICS - All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. 2. PRIMARY RESPONSIBILITIES OF A POLICE OFFICER - A police officer acts as an official representative of government who is required and trusted to work within the law, The officer's powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. [CALEA 11.3..1 a.] Luw Enrorcement Agency Role Page t of 5 1.1.2 3. PERFORMANCE OF THE DUTIES OF A POLICE OFFICER - A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups, statu�, ooc, , pohtioal belief or espiration. All citizens will he treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. 4. DISCRETION - A police officer will use responsibly the discretion invested in the position and exercise it within the law. The principle of reasonableness will guide the officer's determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest, which may be correct in appropriate circumstance, can be a more effective means of achieving a desired end. 5. USE OF FORCE - A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhumane treatment of any person. 6. CONFIDENTIALITY - Whatever a police officer sees, hears or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged. 7. INTEGRITY — A police officer will not engage in acts of corruption, bribery, or other criminal activity, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that would cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not solicit private or special advantage as a result of their official status. Respect from the public cannot be bought; it can only be earned and cultivated. 8. COOPERATION WITH OTHER OFFICERS AND AGENCIES - Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. Law Enforcement Agency Role Pagc 2 of 5 1.1.2 It is imperative that a police officer assists colleagues fully and completely with respect and consideration at all times. 9. PERSONAL/PROFESSIONAL CAPABILITIES - Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly. 10. PRIVATE LIFE - Police officers will behave in a manner that does not bring discredit to their agencies or to themselves. A police officer's character and conduct while off -duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach. D. Civilian Code of Ethics (CALEA 1.1.2] This Police Department Civilian Code of Ethics and Professional Conduct applies to all City of Fayetteville Police Department civilian employees. Police department civilian employees are subject to the personnel practices and policies of the City of Fayetteville, as well as those of the police department in particular. The inherent nature of the public safety services that are provided by the police department require additional employee standards. An honorable and respected police department is indispensable to justice in our society. Fayetteville Police Department civilian employees represent the department at all times in the perceptions of many citizens. A police department civilian employee shall personally observe high standards of conduct so that the integrity of the police department is preserved. A police department civilian employee has an obligation to faithfully discharge the duties of their position by conducting thcriiselves with personal integrity, cth es; horiestyanddiligence, A person's individual ethics, as well as the ethical standards of the police department itself, must minimally meet and normally exceed the community's expectations of high standards. A civilian police employee shall perform all duties impartially, without favor or affection or ill will and without regard to race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups, For this reason, a violation of this Code of Ethics and Professional Conduct may result in disciplinary action that includes the possibility of termination. It is the civilian employee's responsibility to familiarize himself or herself with this Code of Ethics and Professional Conduct and to follow it at all times, whether on or off duty. 2. A police department civilian employee should not engage in any activities that would put into question the appropriateness of the employee's conduct in carrying out their duties. 1.1 I Law E nforcement Agrnay Rule Pagc 3 of 5 1 1.2 3. A police department civilian employee should respect and comply with the law at all times. 4. A police department civilian employee should be patient, dignified, respectful, and courteous to all persons with whom the employee deals in an official capacity. Police department civilian employees shall conduct themselves in a manner which fosters harmony and cooperation. Police department civilian employees will refrain from any form of communications to the discredit of others. 5. A civilian employee should not discriminate while performing their job duties and responsibilities. 6. A police department civilian employee should never disclose any confidential communications or any other confidential information received in the course of official duties, except as authorized by law. Personnel are especially prohibited from discussing privileged information with friends and family members. A former police department civilian employee should observe the same restrictions on disclosure of confidential information that apply to a current employee. 7. A police department civilian employee should not use or permit the use of the fact that he or she works for the police department for reasons of personal gain, including but not limited to gaining special privileges, avoiding problems he or she would otherwise be subject to, directly or indirectly coercing or influencing the behavior of others. The solicitation of funds for official functions isnot allowed without express permission from the Chief of Police. 8. A police department civilian employee may participate in personal, social, civic, or other private or public activities that do not detract from the dignity of the police department, interfere with the performance of official duties, or adversely reflect on the police departr cent. This is particularly important where the person's clothing, verbal statements, or other circumstances make it readily apparent to others that the person works for the police department. 9. Police department civilian employees will not report to work or be on duty while under the influence of alcohol and/or illegal drugs. Employees are expected to be sober and awake while on duty. See Fayetteville Police Department Policy 26.1.1 and City of Fayetteville's policies Dug Free Workplaoe Policy and HR -29 for more details regarding this topic. 10. It is the policy of this department that all employees have the right to work in an environment free of bullying, harassment or discrimination. This department will not tolerate, condone or allow bullying, harassment or discrimination by employees, whether sworn, civilian, or other non -employees who conduct business with this agency. This department considers bullying, harassment and discrimination of others a form of serious employee misconduct. Therefore, this Law EnCorcerneu Agency Role Page 4 of 5 112 department shall take direct and immediate action to remedy all reported instances of bullying, harassment and discrimination. E. Telephone/Current Address Information Required - All msmberg employees of the police department are required to have a working telephone and to keep the department advised of the current telephone number. Likewise, all maybe a employees are required to provide the department with current address information. Any changes in phone numbers or addresses shall be promptly reported Pollee through the employree's the ei.of .aininarld to the A4min trathu Captain F. When any sworn member of the department is unable to report for duty on account of sickness or injury, such fact shall be promptly reported to any on -duty supervisor. 1.1.1 Law Enforcement Agency Role Page 5 of 5 112 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.2.3 Biased Based Profiling Prohibited Effective Date: July 8, 2008 Reference: Arkansas Act 1207 of 2003, 52.1.1, 26.1.1 Version: 1 CALEA: 1.2.9 No. Pa es: 3 1. PURPOSE The purpose of this policy is to prohibit the act of biased based profiling and to reaffirm the department policy to perform all duties impartially, without favor or affection or ill will andwithout and to treat all citizens equally with courtesy, consideration and dignity. Bias based profiling, the selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group including but not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups, is prohibited in all traffic contacts, field contacts, and in asset seizure and forfeiture efforts (CALEA 1.2.9 a.]. LLS GA401*1.Ct7.I This policy recognizes Arkansas Act 1207 of 2003 to prohibit racial profiling and further establishes a directive to prohibit the use of race, ethnicity, national origin, or religion in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches and seizures, and other law enforcement activities. 111. POLICY All officers of the Fayetteville Police Department are directed to adhere to the guidelines contained within this policy pertaining to bias based profiling and "racial profiling" as defined by Arkansas Act 1207 of 2003. A. Definitions Bias Policing: The selection of an individual(s) for enforcement action based in whole or in pact on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups. Biased Based ---A w- ttt Soler; ever l; disab4it ;-ender; Veli left-er t�tl bubef cyst a tber 4i l�ec l tridaute; la s or I.2.3 Bids Bdsed Profiling Prohibited Page I of'3 eeristic orrigi�rtht}nt i+�didu{►i'-tkariel�ietti �t apcoifle individual as ha'.ing engagod in criminal activity. Racial Profiling — A law enforcement action based on race, ethnicity, national origin or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Reasonable Suspicion — A standard based on facts or circumstances which alone do not give rise to probable cause to arrest, but which do give rise to a suspicion that has some relevant basis and is not pure conjecture. B. Prohibitions Officers are prohibited from relying on race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics.or identifiable groups, race, ethmctty nationni origin-, or rehgton. to any degree, in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of police practices following the initial routine investigatory activity. Officers shall have reasonable suspicion or probable cause in compliance with the United States Constitution and Arkansas Rules of Criminal Procedures prior to stopping a pedestrian or motor vehicle, or engaging in detentions, searches, arrests, or other investigatory activities. IV. PROCEDURES A. Officers shall professionally and courteously identify themselves by full name and department, state the reason for the stop, and when possible, provide written identification. B. Officers shall receive a basic training course on racial and cultural sensitivity and annual training in operating procedures that prohibit bias policing. Annual training shall emphasize the. prohibition against bias based, profiling and racial profiling and will include profiling related training -to -include field contacts, traffic stops, search issues, asset seizure and forfeiture, interview techniques, cultural diversity, discrimination, and community support [CALEA 1.2.9 b.]. The course of instruction shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties. Tha Wlg-ahall emphasize the-twocommunity al Officers will also complete foreign language training with an emphasis in Spanish, when possible, in accordance with state law. C. Officers shall adhere to departmental policy regarding the use of mobile video/audio systems (General Order #22). D. Supervisors are responsible for ensuring that all personnel read and understand the policies and procedures prohibiting bias based profiling and racial profiling. (1) Supervisors will routinely monitor officers' daily activity reports and encourage officers to report violations of this policy to determine whether any officer is engaged in a pattern of racial profiling or bias policing. t.2.3 Bias Based Pmtiling Prohibited Page 2 ors (2) Supervisors will not retaliate against an officer or officers who report acts of bias based profiling or racial profiling. (3) Supervisors receiving a complaint of this nature will conduct a cursory investigation and forward any findings to the Chief of Police. If merited, the complaint will be forwarded to the Office of Professional Standards for further investigation. E. Internal or external complaints or allegations of racial profiling or bias -policing shall be assigned to the department's Office of Professional Standards for an investigation. Appropriate corrective action will be taken if a complaint is sustained. Corrective action may involve supervisor counseling, written record of oral reprimand, written reprimand, suspension, or dismissal as specifically covered by Policy 26.1.1 [CALEA 1.2.9 c.]. F. The supervisor of the Office of Professional Standards shall complete an annual administrative review of agency practices including citizen concerns. The review should take into account traffic contacts, field contacts, asset seizure and forfeiture efforts, the department's training, internal or external complaints and the corrective measures taken if any complaints are sustained [CALEA 1.2.9 d.], 1.2.3 Bias Based Profiling Prohibited Page 3 uf3 FAYETTTTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.3.4 Less -Lethal Weapons and Defensive Tactics Effective Date: March 17, 2015 Reference: 1.3.1, General Orders 13, [4, 23, 29, 32 Version: 5 CALEA: 1.3.4, 1.3.5, 1.3.6, 1.3.9, 1.3.11, 13.12 No. Pages: 5 I. PURPOSE The purpose of this directive is to establish specific guidelines for the use of authorized less - lethal weapons and defensive tactics [CALEA 1.3.4]. II. DISCUSSION 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. III. POLICY 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 the guidelines established in this policy. A. Defensive Tactics The Use of Force Continuum is included as a guide in the appropriate use of force. It is recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations. Officers should generally use the level of force that can reasonably be expected to succeed in controlling the situation. Officers are not required to move in a hierarchical fashion through all the levels of control, but instead, should use that level of force that is appropriate and reasonable under existing circumstances [CALEA 1.3.11. The force continuum contains areas of control, which will be used by an officer, and the levels of resistance, which are used by the offender. 1. Levels of Control: The department will instruct various defensive tactics techniques, which include pressure point and ground fighting techniques to officers_ Officers shall only use authorized techniques they have been trained to use. a. Officer Presence: The professional appearance and uniform of a police officer, 1,3,4 Less -Lethal Weapons and Defensive Tactics Page 1 of5 b. Verbal Direction: The appropriate verbal response and commands used to attempt to direct the action of a suspect. c. Empty Hand: Soft empty hand techniques are designed to control passive or defensive resistance. They are used when verbal direction/commands are not effective and there is non-compliance with lawful orders. Soft empty hand control techniques include strength techniques, joint locks, pressure points or distraction techniques, which are hand and leg strikes to specific motor nerve points. d. Hard Empty Hand Control techniques are designed to control active aggression, but can be used to control defensive resistance when lower forms of control have failed or when the officer believes lower forms of control will fail. e. Intermediate Weapons: An intermediate weapon is any tool used when empty hand control has been, or will likely be, ineffective or dangerous for the officers to attempt, and deadly force is not justified. Usage criteria for intermediate weapons is as follows: (1) The use of any intermediate weapon is considered a use of force and shall be deployed in a manner consistent with this agency's use of force policy and in accordance with guidelines established in this policy. (2) An intermediate weapon may be used when: (a) verbal dialogue has failed to bring about the subject's compliance, and (b) the subject has signaled an intention to actively resist the officer's efforts to make the arrest, and (c) the use of empty hand techniques has been, or will likely be, ineffective or not reasonable under the circumstances. (d) confronted with an aggressive animal. (3) Whenever practical and reasonable, officers should issue a verbal warning prior to the use of an intermediate weapon. (4) An officer may use deadly force to protect himself or others from the use, or threatened use, of an intermediate weapon when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. (5) An intermediate weapon is not designed, nor expected, to be used in place of deadly force when deadly force is justified. The intermediate weapon is another tool in the use of force continuum to assist in preventing injury to officers or others. (6) Once a suspect is compliant, the use of an intermediate weapon is no longer justified. (7) If an intermediate weapon has been deployed, officers shall seek appropriate medical aid and/or assistance if necessary. Reference may be made to general orders specific to the less lethal weapon [CALEA 1.3.5]. 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 2 of 5 f. Deadly/lethal force: Force likely to cause death or serious physical injury. Officers are authorized to use deadly force only when it is reasonable and necessary to protect him/her or others if he/she has reasonable belief of immediate threat of death or serious physical injury. 2. Levels of Resistance: a. Psychological Intimidation: The suspect attempts to intimidate the officers psychologically. These are non-verbal cues such as suspect attitude or physical appearance or physical readiness. b. Passive Resistance: The suspect makes no attempt to fight the officer or even pull away. He simply forces the officer to do all the work. An example would be the protestor who causes the officer to pick him up and carry him from the scene or the drunk driver who will not step from the car but must be physically pulled out. c. Verbal Non -Compliance: This includes verbal threats from the suspect towards the officers. A suspect may not be resisting just by threatening the officer but may simply refuse to comply with orders, be unwitting to comply or ignore the officer completely. d. Defensive Resistance: The suspect performs actions that attempt to prevent officers from controlling him, such as pulling away when handcuffing is attempted. He may simply move away from the officer or push the officer's hands away. The suspect makes no attempt to harm the officer, just tries to defeat the arrest. e. Active Aggression: The suspect attempts to harm the officer by physical actions such as striking or kicking him. f. Aggravated Aggression: The suspect is attempting to harm the officer by use of a weapon or empty handed at a deadly force level. 3. De-escalation of Force: a. Officers must immediately de-escalate down to empty hands or verbal commands after gaining compliance through the use of an intermediate weapon. b. Officers, for their own protection, should understand and comply with the force continuum. 4. Training: a. Officers are only authorized to use intermediate weapons, pressure points and defensive tactics after they have received training and certification. b. Officers are required to attend refresher training on handgun retention and defensive tactics as scheduled by the Training Division. 1.3.4 Less -Lethal Weapons and Defensive Tactics Page 3 of 5 B. Less -lethal Weapons 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 is the policy of this department that officers use less lethal weapons when warranted, but only in accordance with the guidelines established in this policy. Less lethal weapons arc not designed to be used in place of deadly force when deadly force is justified. Less lethal weapons are other tools in the use -of -force continuum to assist in preventing injury to officers and others. Officers of the Fayetteville Police Department shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department while on duty. While working off duty assignments that have the potential for police action, officers shall only carry less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville Police Department [CALEA 1.3.9]. The types and specifications of approved less -lethal weapons and any corresponding ammunition will be governed by the department's Approved Weapons and Ammunition List as maintained by the Administrative Lieutenant [CALEA 1.3.9 a., b.]. All less lethal weapons shall be reviewed and inspected on an annual basis by a qualified weapons instructor or armorer. All less lethal weapons must be deemed safe and operational by the qualified weapons instructor or armorer before being issued and/or carried [CALEA 1.3.9 c.]. Less lethal weapons determined to be unsafe by qualified weapons instructors or armorers shall immediately be removed from service [CALEA 1.3.9 d.]. The police department will maintain a record on all less lethal weapons in service to include inspection date(s) and maintenance [CALEA 1.3.9 e.]. The department's Duty Assignment List will document personnel responsible for maintenance and inspection of less lethal weapons. Officers shall be responsible for reporting damaged or unsafe less lethal weapons to the on -duty supervisor who will ensure unsafe less lethal weapons are removed from service. Officers shall complete a memorandum documenting the damaged or unsafe less lethal weapon to his or her immediate supervisor. The supervisor shall forward the memorandum through the chain of command and also send a copy of the memorandum to the qualified weapons instructor or an armorer listed on the department's Duty Assignment List. Before the repaired less lethal weapon is put back into service, it will be inspected by a qualified weapons instructor or armorer and deemed safe and operational [CALEA 1.3.9 d.]. All agency personnel authorized to carry lethaland less lethal weapons will be issued copies of and be instructed in the policies FPD 1.3.1, 1.3.4, and applicable Less Lethal General Orders before being authorized to carry the weapon. The issuance and instruction shall be documented.[CALEA 1.3.12]. Officers shall receive in-service refresher training, to include a review of FPD 1.3.1 and 1.3.4, on an annual basis [CALEA 1.3.11], A certified weapons or tactics instructor will conduct refresher training. and Proficiency 1.3.4 Less -Lethal Weapons and DvVensivn Tactics Page 4 of S training must be monitored by a certified weapons or tactics instructor (CALEA 1.3.11]. All agency personnel authorized to carry electronic controlled weapons shall annually demonstrate proficiency. In service training for other less lethal weapons and weaponless control techniques shall occur at last biennially (CALEA 1.3.11 j. The training division will maintain documentation of refresher training and proficiency training on all weapons (CALEA 1.3.11 b:j. Remedial training; if necessary, will be given to any officer who is unable to demonstrate knowledge and proficiency of less lethal weapons prior to resuming official duties (CALEA 13.11]. 1.3.4 La-Lethai Weapons and Defeareivo Tactics Raga 5 of $ FAYEITEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 12.1.1 Organizational Structure, Functions, and May t, 2012 Direction Reference: Version: 3 CALEA: 11.1.1,11.2.1,11.2.2,11.3.1,11.3.2,12.1.2,12.1.3 12.1.4 No.Pages: 8 [. 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 11.1.11. II. POLICY Employees shall observe and adhere to the organizational structure, functions, and direction of the police department. III, ORGANIZATIONAL STRUCTURE AND FUNCTIONS A. Chief of Police 1. The Chief of Police shall be appointed by the City of Fayetteville Mayor and shall report directly to him or her. The Chief of Police is the chief executive officer (CEO) of the Fayetteville Police Department, and he or she has the ultimate control over the appointment and supervision of all subordinate employees, and he or she is also responsible for the direction, planning, training and regulation of discipline within the police department [CALEA 12.1.1]. Additionally, the Chief of Police shall be responsible for all fiscal matters of the department [CALEA 12.1.1], a. The Chief of Police shall directly supervise the following personnel: (1) Deputy Chief of Police b. In the event of an anticipated absence for an extended period of time, the Chief of Police shall designate in writing an "acting authority" [CA LEA 12.1.2 a.]. B. Deputy Chief of Police 1. The Deputy Chief of Police is appointed by, and shall report directly to, the Chief of Police. When mandated by the Chief of Police, the Deputy Chief of Police 12. organizational S ructure, Functions, and Oirection Page l of 8 shall assume all responsibilities as the department's chief executive officer (CEO) [CALEA 12.1.2a, 12:2.1 c]. 2. The Deputy Chief of Police shall coordinate the activities of the following divisions [CALEA 11.1.1]: a. Patrol Division b. Criminal Investigations Division c. Administration Division d. Records Division e. Central Dispatch Center C. Patrol Division Captain 1. The Patrol Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Patrol Captain shall assume all responsibilities as the department's chief executive officer (CEO) [CALEA 12.1.2a]. 2. The Patrol Division is responsible for responding to calls for service, crime prevention, preliminary criminal investigations, criminal apprehension, traffic enforcement, motor vehicle collision investigation, and community interaction. 3. The Patrol Division Captain shall coordinate the activities of the Patrol Division, and is responsible for the following units [CALEA -11.1.11: a. Day Shift Patrol- Responsible for covering day hours as assigned by the Chief of Police and supervised as follows: (1) The Day Shift Lieutenant is responsible for the supervision of the shift and sergeants assigned to the shift; (2) Sergeants assigned to the shift are responsible for the direct supervision of patrol officers. b. Night Shift Patrol- Responsible.for covering night hours as assigned by the Chief of Police and supervised as follows, (1) The Night Shift Lieutenant is responsible for the supervision of the shift and sergeants assigned to the shift; (2) Sergeants assigned to the shift are responsible for the direct supervision of patrol officers. c. Special Units -Responsible for the monitoring and scheduling of special events and other functions as assigned such as School Resource Officers and Motor Officers, supervised as follows: (1)- Special Units Lieutenant is responsible for the supervision of this function. (2) Sergeants assigned to this function are responsible for the direct supervision of officers assigned. D. Criminal Investigation Division (CID) Captain 1. The Criminal Investigation Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Criminal Investigation Captain shall assume all responsibilities as the department's chief executive officer (CEO). [CALEA 12.1.2aJ 12.1.,Organizational Structure, Functions, and Direction Page 2 oft 2. The Criminal Investigation Division Captain shall coordinate the activities of the Criminal Investigation Division, and is responsible for the following units [CALEA 11.1.1]: a. Criminal Investigations Unit- Primarily responsible for major crimes investigations such as homicide, rape, aggravated assault, burglary, forgery, etc. involving adult victims and suspects, and this unit is supervised as follows: (1) The CID Lieutenant is responsible for the supervision of Criminal Investigations, and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives and support personnel. b. Special Investigations Unit- Primarily responsible for investigations of crimes committed by or against persons under the age of 18, along with crimes involving computers, internet crimes -against -children, domestic violence, and issues involving the mentally ill. This unit is supervised as follows: (I) The CID Lieutenant is responsible for the supervision of the Special Investigation Unit and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives and support personnel. c. Narcotics Unit- Primarily responsible for investigations of drug trafficking and narcotics related crimes, and this unit is supervised as follows: (1) The CID Lieutenant is responsible for the supervision of the Criminal Investigation Division and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives and support personnel. d. Property and Evidence- Responsible for the storing, safeguarding, classification, retrieval and disposal of seized, found or recovered property and evidence. Their other duties include maintaining and issuing certain police equipment, and this unit is supervised as follows: (1) A civilian Property and Evidence Manager is responsible for the supervision of this function and directly supervises civilian evidence technicians. E. Administration Division Captain 1. The Administration Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Administration Captain shall assume all responsibilities as the department's Chief Executive Officer (CEO) [CALEA 12.1.2a]. 2. The Administration Division Captain is responsible for planning and coordinating the activities of the division and is responsible for the following units [CALEA 11.1.1]: a. Warrants Division- Responsible for serving criminal summons, subpoenas, and warrants issued by the Fayetteville District Court, and this unit is supervised as follows: (1) The Administrative Lieutenant is responsible for the supervision of the Warrants Division and the direct supervision of the sergeant assigned to this unit; I2.I lOrganizationnl Structure, Functions, and Direction Page 3 of 8 (2) A sergeant is assigned to this unit and is responsible for the direct supervision of warrants officer(s) and civilian clerk(s). b. Office of Professional Standards- Responsible for investigations of officer involved shootings, alleged complaints of employee misconduct or wrongdoing, and monitoring the department's personnel early warning system. This unit is supervised as follows: (1) The Administrative Lieutenant is responsible for coordinating and delegating investigative activities of this unit to specially selected and trained investigators. c. Training Division -Responsible for recruiting and training police recruits, and instructing and scheduling employees for department and state mandated training. This unit is supervised as follows: (1) The Administrative Lieutenant is responsible for the supervision of the Training Division and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of firearms instructors and Field Training Officers. d. Public Information Officer/Community Policing Division- Responsible for the dissemination of information for the Police Department to the public, and working closely with the community in creative ways to solve problems associated with crime and help improve the overall quality of life in our community. This unit is supervised as tbllows, (1) The Administrative Lieutenant is responsible for the supervision of the PIO/Community Policing Division and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of officers. e.. Accreditation -Responsible for the direction of the department's accreditation program. This unit is supervised as follows: (1) The Administrative Lieutenant is responsible for the supervision of the accreditation unit and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of the accreditation program. E Information Technology -Responsible for the direction of the department's Information Technology Unit. The unit is supervised as follows: (1) An Information Technology Manager is responsible for the supervision of the Information Technology Unit and the direct supervision of the systems analyst; (2) A systems analyst is assigned to this unit and is responsible for assistance to the Information Technology Manager. F: Records Division 1. The Records Division provides general maintenance and data entry for the police department and is responsible for the collection of monies for traffic citations and fines adjudicated by Fayetteville District Court. The management team is responsible for assisting the Chief of Police with the preparation of the annual 12.1. t Organic itionnl Stntnture. Functinns, and Diroctiori ['age 4 of 8 budget and capital improvement program. The Records Division is supervised as follows: a. A civilian Support Services Manager is responsible for the management of the Records Division and the direct supervision of the Assistant Support Service Manager. b. An Assistant Support Services Manager is responsible for the management of the Records Division and the direct supervision of the Records Coordinator. c, A Records Coordinator is responsible for the direct supervision of the senior support specialists, support specialists, and records clerks. G. Central Dispatch Center (CDC) The CDC is the Primary Answering Point (PSAP) for Fayetteville 9-1-1 and non - emergency calls. CDC is responsiblefor dispatching police, fire, and city services as needed and ensuring all calls for service are promptly and efficiently handled. CDC is supervised as follows: a. A civilian Dispatch Manager is responsible for the management of the Central Dispatch Center, which is a 24 -hour operation, and direct supervision of the Assistant Dispatch Manager. b. A civilian Assistant Dispatch Manager is responsible for the direct supervision of Lead Dispatchers and the Central Dispatch Center. c. Lead Dispatchers are assigned to each one of the three shifts, and they are responsible for the direct supervision of civilian dispatchers. IV. DIRECTION A. CHAIN OF COMMAND 1. The chain of command is the clear line of authority from the Chief of Police to every employee that facilitates effective decision -making and organizational communication. Employees shall utilize, recognize and respect the chain of command in all official actions, as designated in the order of rank. E. Order of Rank The order of rank of sworn members of the department shall be as follows and shall specify chain of command [CALEA 11.1.1, 12,1.2 d.]: a. Chief of Police b. Deputy Chief of Policc c. Captain d. Lieutenant e.. Sergeant i Corporal g. Officer C. Unity of Command F. Each member is accountable to only one (1) supervisor at any given time. Each member shall be responsible, or accountable to, his or her regular immediate 12,1 . [organizational Structure, Functions, and Direction Pine 5 of 8 supervisor, except when working on a special assignment, incident or temporarily assigned to another unit. In such cases, the member shall be accountable to the first -line supervisor in charge of the assignment or incident. Similarly, each organizational component shall be under the direct command of only one (1) supervisor as shown on the departmental organizational chart. The Administration Division Captain shall maintain the department's organizational chart, and it is located on the department's network drive. At times, a commanding officer may be required to give a lawful order to a member, or component, that is outside of his/her normal chain of command. In such cases the rank will be respected, and the order shall be obeyed [CALEA 12.1.3]. D. Supervisory Responsibility 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. This duty roster is maintained by the Patrol Captain, and it is located on the department's network drive. E. Lawful Order of a Supervisor All employees shall promptly and to the best of their ability carry out any lawful orders directed by a supervisor, including any order relayed from a supervisor by an employee of the same or lesser rank. A "lawful order" is an order which employees should reasonably believe to be in keeping with the performance of their duties [CALEA 12,1.3]: a. Employees shall not obey any order which they know or should know would require them to commit any illegal act; b. Insubordination shall include conduct directed at a superior officer which is disrespectful, mutinous, insolent, or abusive in nature; c. Supervisory personnel shall retain a proper reserve and respect in all official relations with subordinates, being careful to abstain from violent or abusive language in giving orders or direction to subordinates. F. Conflicting Orders In the event an employee receives an order which is in conflict with a previous order, rule, regulation, or directive, the employee shall immediately and respectfully inform the supervisor issuing the order of the conflict [CALEA 12.1.3]. 12.!, [Organizational Structure, Functions, and Direction Page 6 o'5 a. If the supervisor does not alter or retract the conflicting order, the most recent order shall stand and the responsibility for the conflict shall be placed on the supervisor- The employee shall not be held responsible for disobedience of the order. b. The employee shall advise his immediate supervisor through departmental correspondence of the situation surrounding the conflicting order and the supervisor shall resolve the situation. c. The Chief of Police shall be provided a copy of all correspondences concerning the conflicting order and resolution. G. Authority and Responsibility [CALEA 113.11 l , 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.1. H. Succession of Command 1. The assignment as "acting authority" may be used where the Chief of Police anticipates his absence due to training, vacation, temporary physical or mental inability, or other short-term unforeseeable absences [CALEA 12.1.2 a]. a. In the absence of the Chief of Police, the Deputy Chief of Police will assume the duties as the Chief of Police's acting authority. b. In normal day-to-day operations, command protocol shall be by order or rank within the division or function of the particular operation [CALEA 12.1.2 d.]. c. For exceptional situations that arise (special events, University of Arkansas sporting events, etc.), command protocol shall be by order of rank, and seniority within the rank, if two or more are present of the same rank (CALEA 12.1.2 b,]. U. For situations that involve personnel of different functions engaged in a single operation, command protocol shall also be by order of rank, and seniority within the rank [CALEA 12.1.2 c.]. e. Incident Command System (ICS) protocol will be followed in the transfer of command (see policy 46.1.2 Critical Incidents). 1. Functional Communication 1. Staff Meetings; The Chief of Police or his designee will conduct a staff meeting as needed: a. Time will be set -aside at the end of the staff meeting for discussing areas of special interest to staff members. b. The staff meeting will include those individuals whose presence is deemed necessary. 2. Cooperation a. The department shall strive to maintain good internal communication and encourage full cooperation among organizational components. To that end, 2.1 I 0rgani7tional Structure, Functions, and Direction Page 7 ur S regular meetings are suggested among personnel of separate organizational components to provide an effective network of personnel communication. b. Other means of personnel communications are available for use including patrol shift briefings, staff meetings, Labor -Management Team meetings, e- mail, voice mail, and the exchange of daily bulletins/memorandums. 12.1.1Organizetional Structure, Functions, end Direction Page 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 12.2.1 Policies, Procedures, & Rules Development & September 4, 2012 Review Procedures Reference: Version: 1 CALEA: 12.2.1, 12.2.2 No. Pages: 3 I. PURPOSE The purpose of this directive is to establish procedures for development of new or revised department policies, procedures, and rules. Departmental General Orders and Memorandums will also be covered in this policy [CALEA 12.2.1 d.]. H. POLICY A. It shall be the policy of the Fayetteville Police Department that its members receive written communications in an orderly manner so that accurate information flows smoothly throughout the organization. For the purpose of clarification [CALEA 12.2.1 d.]: A "Policy, Procedure, & Rule" is a written directive concerning policies, procedures, and rules for department personnel which must be approved by the governing body of the municipality (Arkansas Code Annotated 14-51-302). A "Policy, Procedure, & Rule" is an overall plan that embraces the general goals and acceptable procedures of the department often for specific topic areas. It maintains an outline format and is chronological in number sequence and by topic area [CALEA 12.2.1 d., f., g.j. 2. A "General Order" is a written statement defining in more specific terms the procedures for day-to-day operation of the department. General Orders are approved and issued by the Chief of Police as necessary for maintaining an efficient operation. General Orders are intended to greatly benefit an officer by giving more specific details for a particular subject but maintain the spirit of the more formal Policies, Procedures, & Rules which require approval of City Council. A "General Order" maintains an outline format and is chronological in numerical sequence [CALEA 12.2.1 d., h]. 3. "Memorandums" are written directives issued by the Chief of Police or other supervisors of the police department providing instruction and direction for department personnel. "Memorandums" are written in most cases in narrative format with a -standard memorandum heading [CALEA 12.2.1 c., d:, h.]. 12.2.1 Polices. Procedures and Rules Development & Review Procedures Page I of 3 ^nv>.c« N '..w_t�.r, s+vr.x�.i¢n.�.m'.+emi�?nY.rvrv-aK�nxs2+aeti+.r r..ra-.+w'mY-.'-�:-w... �?-!�-sv�.'emmt�'�s-•^.. _..�'-:m +-3� , o- w..�::4ti-"vr+,s.�Trf4WiA m"�-»'�tA?=a+= � ..--i�i�sed, _mFn�r.H.w,s.' � ;-*�:ti.�ntixs«.�>�v:.: .. ..geav#-R+m*>+�i�zi+i+-�a�v" "„"f �'�a'z 4. Rules and Regulations are specific. guidelines to, which all employees must adhere. Rules and regulations are usually part of the City of Fayetteville written directives system [CALEA 12.2.1 g.]. 5. Officers identifying the necessity for changes or additions to policy and general orders shall forward such recommendations through the chain of command to the Administrative Division. 6. The Chief of Police has the authority to issue, modify, or approve policies in order to seek approval by resolution of the City Council and has the authority to issue, modify, or approve general orders [CALEA 12.2.1 b.]. 7. "Policies, Procedures, and Rules" will contain a standardized heading and will include the following sections when applicable [CALEA 12.2.1 d.]: a. Subject line containing policy number and policy title; b. Effective date line containing effective date; c. Reference line for references to include other departmental directives, state law, etc; d. Version line containing the version number of policy; e. CALEA reference line containing applicable CALEA standard numbers; f. Page number section containing number of pages. 8. "General Orders" will also contain a standardized heading section and will include the following sections when applicable [CALEA 12.2.1 d.]: a. General Order Sequential number assigned to the document; b. Subject line including the title of general order; c. Cross-reference line including other directive or law references; d. Date approved by Chief of Police; e. Chief of Police's typed name and signature, B. The following method will be used for review of newly proposed or revised "Policies, Procedures and Rules" and "General Orders": 1. The Chief of Police will assign ranking members of the department to policy review that will include the identification of policy needs, writing new policy, updates, indexing, purging, and revisions [CALEA 12.2.1 e.]: a. "Policies, Procedures, and Rules" and "General Orders" will be indexed by numeric title and provided subject titles as well. Each type will be maintained in their system. An index will be maintained for personnel to locate documents by subject type. b. The department recognizes updating is necessary to the written communication system. Written communications that become obsolete and cannot be revised will be formally purged from our system. 12.2,1 Polices, Prucadurrs and Rules Development & Review Procedures Page 2 of'3 (1) "Policies, Procedures, and Rules" identified to be purged will be approved by the Chief of Police and then also approved by the governing body of the municipality. (2) "General Orders" identified to be purged will be approved by the Chief of Police. c. The department recognizes revising is also necessary to the written communication system. Revisions that are identified as necessary are required to go through the same procedures for completion as are required for new documents. 2. The ranking members assigned to policy review will analyze and research policy needs to ensure policies meet all governing standards, suit the operations of this department, and do not contradict other agency directives or law [CALEA 12.2.1 i.j. 3. The following shall have the opportunity to review new or updated policies, procedures, and rules and provide feedback prior to approval by the City Council: a. Mayor; b. City Legal Staff; c. All employees of the department. C. Dissemination and Storage of Policies and General Orders [CALEA 12.2.2] 1, The department`s written policies and general orders will be stored in the agency's policy management software system [CALEA 12,2.2 b.]: a. The agency's policy management software system will be accessible to all personnel. b. Hard copies of the entire computer manual will be placed in Administration and in the officers' squad room. c. The manual will be kept up to date regarding any changes that are made in policies or general orders by the Administrative Captain or his/her designee. d. The dissemination of existing, new, and newly revised directives to all personnel will be accomplished through the agency's policy management software system [CALEA 12.2.2 a.). e. The policy management software system will log receipt and review of disseminated directives (CALEA 12.2.2 cj. 12.2.1 Polices, Procedures and Rules Development & Review Procedures Page 3 o FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 22.2.8 Military Activations Effective Date: July 7, 2015 Reference: 1.3.1, City of Fa etteville Military Leave Policy Version: 1 CALEA: 22.2.8 No, Pa es: I. PURPOSE The purpose of this policy is to establish a plan for personnel with military activations exceeding 9A 180 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.& Military Activations Page E 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.] I. 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 180 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 I. 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 refresher 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 Page3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVII.LE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 25.1 Grievance Procedures Effective Date: October 4, 2011 Reference: Version: 1 CALEA: 25.1.1, 25.1.2, 25.1.3 No. Pages: 3 L Purpose The purpose of this directive is to ensure the Fayetteville Police Department will provide fair, equitable and clearly defined means for the resolution of grievance. All employees and supervisors shall be accorded reasonable opportunity to present the facts bearing on a grievance. Grievances will remain confidential between the aggrieved employee and all others directly involved in the resolution of the grievance. This formal grievance procedure is not intended to prevent employees from utilizing other means of recourse. It. Procedure A. An aggrieved matter is an issue relating to the employee's working conditions affecting health, safety, job satisfaction, availability of tools or equipment necessary to perform work or other matters related to job performance. It must be a matter within the control of the department and set forth a clear indication of unfairness resulting in harm or damage to the aggrieved employee [CALEA 25.1.1 a.]. B. Items not aggrieved under this policy include but are not limited to discrimination and harassment complaints, disciplinary actions, Office of Professional Standards investigations, job performance evaluations, and terminations. C. An employee who, after discussing an issue with an immediate supervisor and is not satisfied with the answer, may file a grievance in writing. The grievance must be filed within 10 calendar days after the employee becomes aware of the issue to be grieved [CALEA 25.1.1 b.]. Failure to submit a written grievance within this time limit, or to appeal the grievance to the next level within stated time limits, constitutes abandonment of the formal grievance process. A grievance may be terminated at any time upon receipt of a signed statement from the employee. D. Grievances shall be submitted in writing and shall include [CALEA 25.1.1 c.]: 1. A written statement of the grievance and facts upon which it is based, 2. Allegations of the specific violation and/or harm done, and 3. A statement of remedy or adjustment being sought. 25.1 Grievance Procedures Page [of 3 E. Personnel shall submit the grievance to their immediate supervisor [CALEA 25.1. t a.]. I. If the grievance is with the date a department supervisor, it shall be submitted to the next level of supervision in the chain of command [CALEA 25.1.1 d.]. 2. The supervisor receiving the grievance shall notify the division captain or division head in writing [CALEA 25.1.1 d.]. 3. Each level of supervision should acknowledge receipt of grievance by noting titne, date and person receiving the grievance. 4. Upon receipt of a grievance, a supervisor has 10 calendar days to attempt the resolution of the grievance [CALEA 25 Li d.]. 5. The facts or allegations should be carefully analyzed and affirmed or denied in writing. 6. If the employee is not satisfied with the response, the employee, within five calendar days, may appeal the grievance following the chain of command to the next level of supervision (CALEA 25 11 a, b]. Any subsequent appeal should be filed with a higher level of supervision within the chain of command up to the Chief of Police [CALEA 25.1.1 a.]. Each appeal should be resolved within 10 calendar days running from the time of appeal [CALEA 25.1.1 b, d.]. handled the initial grievanee. deciding owthe-procodiag resolution. h-. Any biequent appeal ohoald be tiled -with the ruling-pemn'c cuporvisor up -to the Chief of Police. each appeal bould be rcolved within 3 calender darunthng from -the time of the appeal [CALEA 25.1.1 d.]. 7. The Chief of Police is the final authority of appeal of any grievance [CALEA 25.1.1 a.]. 8. If the grievance is against the Chief of Police, it shall be submitted to the City of Fayetteville Mayor [CALEA 25.1.1 d.]. E. Employees arc not entitled to representation by legal counsel during a grievance proceeding; however, the employees are allowed to have a non -participating representative with them during the proceeding [CALEA 25.1.1 e.]. i . In the event of a policy conflict, the topic specific policy shall supersede this policy. III. Coordination A. The Office of Professional Standards shall be responsible for coordination of grievance procedures [CALEA 25.1.21. 1. Copies of grievances and their investigations shall be filed electronically by name and date with the Office of Professional Standards and kept indefinitely. 2. Due to the sensitivity of such records, access to grievance documents shall be limited to the Chief of Police or his/her designees. 25. I Grievance Procedures Page 2 of 3 3. The supervisor of the Office of Professional Standards shall conduct an annual analysis of grievances and file a report with the Chief of Police [CALEA 25.1.31. 25.1 Grievance Proccdurc Page 3 of 3 FAYET£EVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 33.1 Training Effective Date: November 19, 2013 Reference: Version: 2 CALEA: 33 No. Pages: 7 T. Purpose The purpose of this directive is to establish procedures for the Fayetteville Police Department training program. The training program should be administered with three overall purposes in mind. First, well trained officers and non -sworn employees are generally better prepared to act decisively and correctly in a broad spectrum of situations. Second, training results in greater productivity and effectiveness. Third, training fosters cooperation and unity of purpose. II. Policy A. Administration 1. The training function of Fayetteville Police Department will be administrated by the Training Coordinator. a, The Training Coordinator is the supervisor assigned to the Training Division. b. The Training Coordinator's function is to ensure that the quality and quantity of training meet the goals of the department. c. The Training Coordinator shall develop and evaluate training needs based on input from each division. d. The Training Coordinator, although. not in charge of every training requirement of the department, shall assist as needed with training needs in each division of the department. 2. The following guidelines will apply to training attendance: [CALEA 33. 1.2] .2] a. The Training Coordinator will notify supervisors of upcoming training as soon as possible so that all personnel who may be required to attend the training will have as much advanced notice as possible. Supervisors will ensure information is disseminated to affected personnel in a timely manner. b. The Training Coordinator or supervisor may grant exceptions to attendance for reasonable excuses of conflicting nature to include court appearance, illness, departmental business and personal emergency. Personnel unable to attend mandatory training will be required to attend a scheduled make-up training session. 33.1 Training Page 1 or? c. The Training Coordinator will document training attendance of all sworn personnel for the department with the exception of Central Dispatch Center (CDC) personnel. A designated dispatch supervisor will be responsible for documenting training attendance for their division. Training implemented by any division managers that is not coordinated by the Training Coordinator will be recorded by the corresponding division manager. It is the responsibility of the division managers to notify the Training Coordinator about the training, so the employee's training records can be.updated to reflect their attendance in training programs. As personnel complete training programs, the date of the training, the types of training received, any certificates received, attendance, and any applicable test scores should be recorded [CALEA 33.1.6]. d —msCo a. s Coordinator. The TFeining Coordinator will then up4ate4he-employee's e. All Fayetteville Police Department personnel attending training courses outside the department shall submit documentation of attendance to the Training Coordinator with the exception of CDC. A designated dispatch supervisor shall handle these responsibilities for CDC Dispatch personnel. to their 4iv1�ion manager tn the ease of Diapatoh, Reeerds-Evidnnco. or . [CALEA 33.1.6]. f. Reimbursements to employees attending training in respect to mileage, meals, housing, fees, books or materials will be provided in accordance with the City of Fayetteville's Travel and Training Policy ef4ha City of Fayetteville [CALEA 33.1.3]. g. The refusal or failure to complete the assigned training can result in disciplinary action against the employee. 3. Lesson plans for all training courses conducted by the Fayetteville Police Department will include the following: [CALEA 33.1.4 a -d] a. A statement of performance and job related objectives. b. The content of the training and specification of the appropriate instructional techniques. c. A process for approval of lesson plans must include: (1) Submission to the Training Coordinator or respective division manager. (2) Training Coordinator or respective division manager will review the lesson plan to ensure it includes each requirement. (3) Training Coordinator or respective division manager approval of lesson plan. (4) Submission and acceptance by formal certification body when required or applicable, i.e. CLEST. d, Identification of tests used in the training process. 33.[ training Page 2 o'7 4. The department recognizes remedial training may be necessary to ensure employees do not suffer from deficiencies in basic skills, knowledge and abilities required to perform their assigned tasks: [CALEA 33.1.5] a. When, based on sound evidence, a supervisor has identified by testing or inspecting job performance that an employee has demonstrated a deficiency in basic ability to perform assigned tasks, and the supervisor has reason to believe that such deficiency may be corrected, he may direct that employee, in writing, to attend a specific remedial training program [CALEA 26.1.4(a)]. b. The supervisor will identify such programs through the Training Coordinator or division manager. c. As soon as is practical, the employee will take part in a training session to address the noted deficiency. d. Failure by the employee to correct the deficiency may result in. disciplinary action. S. It is important the Fayetteville Police Department maintain records of each training class it conducts, document employee participation and, at a minimum, record the following. [CALEA 33.1.61 a. Course content in the form of lesson plans provided by course instructors [CALEA 33.1.7 a]. b. Names of agency attendees [CALEA 33.1.7 b]. c. Performance of individual attendees as measured by tests, when administered [CALEA 33.1.7 c}. B. Police Training Academy 1. All officers of the Fayetteville Police Department must meet mandatory basic training requirements. The department will meet the following requirements that apply and will maintain a positive relationship with the state's training academies: [CALEA 33.2.31 a. As required by Arkansas Statute 12-9-106, the Fayetteville Police Department will utilize state approved law enforcement training academies for the purpose of providing basic training to all officers. b. The Training Coordinator, in a liaison role, is responsible for maintaining a positive working relationship with the staff of the state's law enforcement training academies [CALEA 33.4.3 d]. c. As set forth in Arkansas Statue 12-9-107, the Training Coordinator will provide input to the Arkansas Commission on Law Enforcement Standards and Training (CLEST) regarding the academies' curriculum. U. As prescribed in Arkansas Statute 12-9-107, the expenses of attending the basic training at state academies shall be furnished by the state. The department will be responsible for officers' salary and travel related to attending the state academy. e. Newly hired officers are considered full-time employees of the City of Fayetteville and shall retain all the benefits thereof. 33.1 Training Page 3 n£ 7 2. Newly hired officers will participate in a departmental orientation period overseen by the Training Coordinator in addition to academy requirements to include: [CALEA 33.2.4] a. An overview of the operations of the Fayetteville Police Department, an introduction to the local criminal justice system, defensive tactics and an. introduction to firearm safety and proficiency. b. A portion of the orientation will be dedicated to the study of the Fayetteville Police Department's Policies, Procedures and Rules with special emphasis to the policies concerning Use of Force, Pursuit Driving, Office of Professional Standards, Harassment in the Workplace and Racial Profiling Prohibited. C. Training Implementation 1. Personnel assigned to the training function as instructors must be certified by the State of Arkansas and must receive training to include: [CALEA 33.3.1 a -e] a. Lesson plan development b. Performance objective development c. Instructional techniques d. Testing and evaluation techniques e. Resource availability and use. 2. All officers of the Fayetteville Police Department will complete or have completed a basic law enforcement training academy program prior to assignment in any capacity in which the officer is allowed to carry a weapon or is in a position to make an arrest [CALEA 33.4.1]. 3. In addition to completion of a basic law enforcement training academy program, newly sworn officers will also be required to complete a Field Training Officer (FTO) Program: a. The FTO program curriculum is an ever-changing curriculum based on tasks of the most frequent assignment -associated duties of the officers [CALEA 33.4.2 a]. b. The Training Coordinator operates the FTO program and provides supervision of officers in training and the Field Training Officers [CALEA 33.4.3 c]. c. Each officer must meet achievement standards in the FTO program that are documented in the FTO manual and measure competency in required stalls, knowledge and abilities (CALEA 33.4.2 b]. d. In addition to academy training, officers of the department must successfidly complete a formal FT0 program lasting a minimum of eighteen weeks. Officers with prior law enforcement experience may complete the FTO program in a minimum of twelve weeks, as determined by their level of competency and approved by the Chief of Police [CALEA 33.4.3 a]. e. While in the FTO program, officers will be scheduled in a rotation of shift assignments in order to provide them with various job experiences [CALEA 33.4.3 f]. 33.1 Training Page 4 of 7 4. Selection criteria and duties of Field Training Officers of the Fayetteville Police Department: a. Candidates for Field Training Officer must have a minimum experience level of three years with the Fayetteville Police Department [CALEA 33.4.3 b.]. b. Field Training Officer candidates are selected based on leadership qualities demonstrated in the field and must satisfactorily complete a thirty-two hour course in Field Training and become certified by CLEST. Once field training officers have completed this mandatory course in Field Training, they shall be provided periodic in-service training by the Training Coordinator. These in- service trainings may be provided during F'TO meetings, in briefings, and/or through remoteforms of media training [CALEA 33.4.3 b, e]. c. Supervisors are encouraged to submit recommendations for future Field Training Officers to the Training Coordinator [CALEA 33.4.3 b.]. d. Officers who desire assignment to the Field Officer Training Program as FTOs must complete a Shift Change/Assignment Request Form and submit it to the Patrol Captain. This should include a statement documenting reasons the officer should be considered. A written recommendation from the officer's immediate supervisor must be attached [CALEA.33.4.3 b.]. e. Only officers recommended as a Field Training Officer will be considered. Submitted requests will be maintained on file for six months. Qualified officers will be considered for available FTO positions. Selection will be based on a combination of years of service, supervisor recommendation, and review of performance evaluations. The Training Coordinator will make FTO recommendations through the chain of command. The Chief of Police will ultimately determine assignments to the FTO program [CALEA 33.4.3 b.]. f. Field Training Officers will utilize the automated observation reports and training evaluation software ADORE program for the evaluation of recruits Lowthe guidelines ofthoFIO Training Manual and follow the direction supervision of the Training Coordinator when training an officer [CALEA 33.4.3 gj. g. Field Training Officers are responsible for documentation of the officer's progress and deficiencies and will work with other Field Training Officers in formal reporting to the Training Coordinator. Reporting responsibilities of Field Training Officers will be formally processed utilizing the training evaluation software mgr [CALEA 33.4.3 Ii]. 5. Officers of the Fayetteville Police Department will be required to complete annual retraining through the following: [CALEA 33.5.1 ] a. Annual retraining mandated by the State of Arkansas as coordinated through the training division. b. Departmental Policy updates provided by Administration and through each employee's supervisor. c. Legal updates on changes with emphasis on those changes that most affect law enforcement operations. 6. Shift Briefings have been a valuable and steady tool for the department to supplement the training function on a formal and informal basis: [CALEA 33.5.2] 33.1 "Training Page 5 of 7 a. The Training Coordinator will be responsible for the supervision of all materials developed, produced and distributed during formal shift briefing training sessions. b. All lesson plans for formal shift briefing training sessions must be implemented and scheduled through the Training Coordinator. c. The Training Coordinator will maintain a record and copy of all formal shift briefing training session materials and lesson plans. d. Any person or division providing formal shift briefing training sessions will be required to document attendees and, in turn, provide such documentation to the Training Coordinator and CLEST. e. Informal shift briefings training sessions may be utilized as a means to offer refresher training. These sessions do not require the documentation described above and may be authorized as a shift supervisor deems necessary. 7. When applicable, the departments' Accreditation Manager(s) will ensure agency personnel shall receive information regarding the accreditation process: [CALEA 33.5.3] a. To all newly hired personnel within thirty days after beginning employment or within thirty days after completing the training academy [CALEA 33.5.3 a]. b. To all agency personnel during the self -assessment phase associated with achieving initial accreditation [CALEA 33.5.3 b]. c. To all agency personnel prior to an on -site assessment [CALEA 33.5.3 c]. d. These requirements may be achieved through the process of the Training Coordinator, the FTO Program, classroom instruction and orientation, via e- mail or memorandum. C. Agency employees assigned to the position of Accreditation Manager shall receive formal training within one year of being appointed [CALEA 33.5.4]. 8. Officers of the Fayetteville Police Department must meet specialized training requirement by position: [CALEA 33.6.1] a. Non -ranking officer assigned to specialized divisions other than patrol will be provided on-the-job training as overseen by that division's supervisor. In addition, training courses for this level of personnel will be identified by the supervisor and coordinated through the Training Coordinator. b. Officers assigned to Motorcycle and Bicycle Patrol must successfully complete departmentally approved training prior to assignment in either capacity. c. Officers assigned to the department's Emergency Response Team (ERT) must meet the specified requirements and training as outlined in Fayetteville Police Department Policy 46.2.1 [CALEA 33.6.21. d. Officers assigned to the department's Crises Negotiation Team will train periodically and will be overseen by the team's respective supervisor. 9. Civilian employees of the Fayetteville Police Department must meet the following requirements related to training: 33.1 Training Page 6 of 7 a. Civilian employees must receive information regarding the agency's role, purpose, goals, policies and procedures [CALEA 33.7.1 a]. b. Civilian employees will receive information pertaining to working conditions, regulations, responsibilities and rights of employees [CALEA 33.7.1 b, c]. c. Civilian employees assigned to the Communications Division must successfully complete a comprehensive training program including lesson plans, examinations and exercises as well as attend ongoing monthly in- service training and seminars [CALEA 33.7.2]. d. Civilian employees assigned to the Records Division will be provided in- service training to include the issuance of a task specific training manual [CALEA 33.7.21. 10. The Career Development function of the Fayetteville Police Department shall be a central part of training and implemented using the following guidelines: a. All newly promoted personnel will receive job related training commensurate with their new duties either prior to promotion or within the first year following promotion [CALEA 33.8.2]. b. The department's career development program will further be strengthened and enhanced by formal training and under the dirootion of thc Training educational opportunities through the City of Fayetteville Professional Development Leave. Education Rthnbvrcicment Policy whenet [CALEA 33.8.3]_ 33.1 Training Page 7 of7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 35.1.1 Performance Evaluation/Personnel Early October 4, 2011 Wanthg System Reference: Version: I CALEA: 35.1.1, 35.1.2, 35.1.3, 35.1.4, 35.1.5, 35.1.6, 35.1.7, 35.1.8, No. Pages: 4 35.1.9 1. Purpose The purpose of this policy is to establish the procedures that enable the Fayetteville Police Department to execute its performance evaluation and personnel early warning system. This policy is designed to support the City of Fayetteville's Policy and Procedure HR -06 "Performance Evaluation" and covers additional requirements of the Fayetteville Police Department not covered in the city's policy. 11. Policy A. Probationary Employees Probationary employees are officers in their first eighteen months of employment. A separate set of criteria is important in the rating of personnel on probation in order to determine, at the earliest point, their suitability for their current position [CALEA 35.1.3]. 1. All probationary employees of the Fayetteville Police Department will be provided a written performance documentation evaluation report quarterly during the probationary period. 2. during the probationary period. While attending the Arkansas Law Enforcement Training Academy, reports received from the academy's director will be reviewed and retained as performance documentation. 3. A " ,• will be Utiliae4 and aay be oeppertod by FTC)- Doily Obaeatien Repoth (D9R)-aa4 FTC) ix week phase reports. While participating in the Field Training Program, Daily Observation Reports and End of Phase Reports that are completed by field training officers and reviewed by the Training Coordinator and retained as performance documentation. 4. Upon satisfactory completion of the academy and Field Training Program, probationary officers are assigned to a shift. The shift supervisors are responsible for documenting an annual performance evaluation supplemented by the aforementioned documents, as provided by the Training Coordinator, 5. Upon aatisf+se ' ` 35.1.1 Perfottnaoce Evaluation Page I of 4 B. Non -Probationary and Civilian Employees I. Supervisors will be trained on how to do job performance evaluations through the City of Fayetteville Human Resources Division [CALEA 35.1.1 d]_ 2. Supervisors of non -probationary employees shall notify non -probationary employees in writing whenever their performance is deemed to be unsatisfactory [CALEA 35.1.5]. 3. Non -probationary and civilian employees shall be evaluated yearly by their immediate supervisor utilizing the prescribed evaluation form [CALEA 35.1.2]. 4. The employee's supervisor shall notify the employee whenever the employee's performance is deemed to be unsatisfactory. 5. Supervisors should be prepared to substantiate ratings at the unsatisfactory level, to advise the employee of unsatisfactory performance, and to define actions that should be taken to improve his or her performance. C. Consultation with Employee 1. Each employee should be counseled at the conclusion of the rating period in the following areas [CALEA 35.1.7]: a. Results of the performance evaluation. Supervisors should incorporate the results of the performance evaluation during the employee consultation [CALEA 35.1.7 a.]. b. Level of performance expected, rating criteria or goals for the new reporting period. Supervisors must provide goals for the new reporting period as required in the City of Fayetteville Performance Evaluation Form [CALEA 35.1.7 b.]. c. Career counseling relative to such topics as advancement, specialization, or training appropriate for the employee's position. The presentation of an employee's annual performance evaluation is an opportune time for supervisors to discuss these three topics and to discuss training needs and opportunities, educational opportunities, lateral transfer and promotional opportunities, and areas of achievement and areas for improvement [CALEA 35.1.7 c.]. 2. A copy of the completed evaluation report will be provided to the employee by printed copy or electronic record [CALEA 35.1.5 e.]. The original evaluation will be filed in the employee's personnel file at the Human Resources Department [CALEA 35.1.5 g]. D. Appeals The Chief of Police will be the final level of authority on appeals for personnel who contest an evaluation report [CALEA 35.1.5 L]: 1. If an.employee contests an evaluation report, an employee will have the right to appeal the evaluation report to the authoring supervisor's supervisor within ten calendar days of receipt of the evaluation. 35.1. Performance Evaluation Page 2 of4 2. At that point, the authoring supervisor's supervisor will conduct a review of the evaluation report to include corresponding documents and interviews of personnel involved. 3. If the authoring supervisor's supervisor determines any changes are required, they will be made part of the official evaluation report. E. Rating Evaluation Raters involved in completing evaluation forms on subordinates should be evaluated by their supervisors regarding the quality of ratings given employees [CALEA 35.1.8]. I. A section to conduct this evaluation is found in each Supervisor Performance Review Form. 2. As part of this evaluation, supervisors may also use the respective evaluator's comment section and goals section to describe the fairness and impartiality of ratings, participation in counseling rated employees, and their ability to carry out the rater's role as part of the performance evaluation system. F. Personnel Early Warning System I. The Fayetteville Police Department will operate a Personnel Early Warning System that will be maintained by the supervisor assigned to Officer of Professional Standards OPS [CALEA 35.1.9 a.]. The system is designed to attempt to identify and rectify an underlying problem an employee may be having which affects job performance; it is not designed to be utilized as a disciplinary tool. a. The department will utilize software tracking system and document incidents per employee ofileer involving citizen complaints, disciplinary actions, use of force incidents, OPS reports, and employee officer involved traffic accidents. b. The Personnel Early Warning System should both increase agency accountability and offer employees a better opportunity and understanding to meet the agency's goals. 2. The OPS supervisor shall monitor the Personnel Early Warning Tracking System and, when alerted, shall conduct a review of the circumstances causing the alert and make recommendations to the Chief of Police, if necessary. The Personnel Early Warning System may be activated under any of the following listed circumstances [CALEA 35.1.9 b]. a. An employee is the subject of four OPS complaints within an eighteen - month time span; b. An employee is considered to be at fault in two collisions within a sixty-day time span; c. An employee is involved in two pursuits in a sixty-day time span; d. An employee is involved in five use of force incidents in a sixty-day time span; e. An employee is involved in a combination of five of the aforementioned situations in a six-month time span. 35.1. I Performance Evaluation Page 3 of 4 3. The roles of first and second level supervisors, sergeants and lieutenants for sworn personnel, are critical in an effective Personnel Early Warning System [CALEA 35. 1.9 d.3. a. First level supervisors, sergeants for sworn personnel, are charged with the day to day monitoring of each employee assigned under their command. Incidents described that apply to the Personnel Early Warning System should be documented and provided to the second level supervisor, lieutenants for sworn personnel. b. Second level supervisors, lieutenants for sworn personnel, shall insure that this documentation is reported to the supervisor of OPS so the information can be documented into the Personnel Early Warning System and tracked for future use. c, Fri First line supervisors, sergeants for sworn personnel, may also be utilized for counseling with the employee and documentation that an employee is aware of a potential problem and is addressing the issue in an appropriate manner. 4. Remedial action, employee assistance, and peer counseling for an employee will ultimately be decided by Administration [CALEA 35.1.9 e, fJ. a. The Personnel Early Warning System is designed to address escalating patterns of less serious misconduct with an end goal of preventing more serious cases of misconduct amongst employees. 5. The supervisor assigned to OPS will conduct a yearly evaluation of the Personnel Early Warning System and provide findings in a report to the Chief of Police [CALEA 35.1.9 c.]. 35.1.1 Performance Evaluation Page of 4 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject:41.2.5 Missing Persons Effective Date: Pending Reference: G,O. #24, #25,42 USC 5779 (c), 44.1.1 Version: 1 CALEA: 41.2.5, 41.2.6 No. Pages 8 I. PURPOSE The purpose of this policy is to establish guidelines and responsibilities regarding this agency's response to reports of missing persons and missing children investigations. II. POLICY This policy will define protocols in response to missing persons and will also define protocol required in missing children investigations. III. MUSSING AND u NIDENTI 'IED PERSONS A. Officers responding to an investigation of missing and unidentified persons will apply the following protocol [CALEA 41.2.5] [CALEA 41.2.6 e]: I. If the missing person is determined to be a child, elderly [age 65 or older or an Alzheimer'sfDementia patient(s)] or disabled, the officer shall notify the supervisor and follow the guidelines set forth in data Fayetteville Police Department General Order 24 and General Order 25 if applicable [CALEA 41.2.5 E] [CALEA 41.2.6 b]. 2. In cases of missing persons where foul play is suspected, the officer shall report this information to his supervisor who shall make notification to a supervisor of the Criminal Investigation Division [CALEA 412.5 fj. 3. For all types of missing and unidentified person reports, officers will investigate without delay. These include at risk persons, missing adults, and missing children. The responding officer shalt gather investigative information and a detailed description of the missing person and initiate the notification process through NCIC/ACIC. The officer shall immediately report that information to Central Dispatch Center. Central Dispatch Center shall immediately enter the missing person into the Arkansas Crime Information Center/National Crime Information Center (ACICINCIC). Upon locating the missing person, officers are responsible for providing the details of location to Central Dispatch Center for deletion from ACICINCIC. Central Dispatch Center shall remove located persons from ACICINCIC [CALEA 41.2.5 a, b, c]. 412.6 Missing Persons Page t of 8 4. Follow up investigation will be conducted by patrol and/or investigative personnel when necessary (CALEA 41.2.5 d, e]. Follow-up contact with the reporting persons is recommended after the initial reports and searches are made and later during investigation. This will keep the reporting persons informed and will provide the police investigation with any necessary updates [CALEA 41.2.5 d]. 5. In each missing person report situation, officers and their supervisors will make a determination as to what type of field search effort will be undertaken. Requests for additional resources or coordination with other agencies may be necessary. Factors to be considered in this determination include: a. Length of time that has passed since the disappearance; b. Age and mobility of the missing person; c. Infirmity and/or need for medication; d. Suspicious circumstances to include foul play suspected. 6. Types of searches that may be used include, but are not limited to [CALEA 41.2.5e]: a_ At the time of report, officers should always begin with a search of the missing person's residence and surrounding area. Children in particular may be hiding or have gone unnoticed inside the residence; b. Door-to-door (foot search making contacts with residents/passers-by); c. Neighborhood canvas (larger scale foot and vehicle search); d. Use of canine. 7. The supervisor will ensure the following information is collected, if known, and broadcasted [CALEA 41.2.5 a. b.]: a. Name, race, sex, and date of birth; b. Physical description; c. Clothing description; d. Physical/Mental disabilities; e. Unusual circumstances; f. Vehicle information. IV. Missing Children A. It shall be the policy of this agency to thoroughly investigate all reports of missing children, including runaway, abandonment, abducted, unidentified children, or missing for other reasons. Additionally, every child reported missing to this agency will be considered at risk until significant information to the contrary is confirmed [CALEA 41.2.6 a.]. B. Jurisdictional conflicts are to be avoided when a child is reported missing. If a missing child either resides in, or was last seen in this jurisdiction, this agency will immediately initiate the required reporting process. If a child resides in this jurisdiction and was last seen in another jurisdiction, but the law -enforcement agency covering that jurisdiction chooses not to take a missing -child report, this agency will assume reporting and investigative responsibilities. A supervisor will be notified of cases involving jurisdictional conflicts [CALEA 41.2.6 c.]. C. Questions concerning parental custody occasionally arise in relation to missing. child reports. It shall be the policy of this agency to accept the report of a missing 4t2.6 Missing Persons Page 2 of 8 child even if custody has not been formally established. Reporting parties shall be encouraged to obtain legal custody as soon as possible; however, since the safety of the missing child(ren) is paramount, members of this agency will open a case when it can be shown the child has been removed, without explanation, from his or her usual place of residence. If custody has not been established by the Court, then the law enforcement responsibility is to ensure the child is safe only. D. Officers who encounter unidentified children shall make every attempt to identify the child and locate his/her parent or guardian. Officers must be alert to any evidence suggesting the child is the victim of a crime and take steps necessary to protect and secure any area identified as a potential crime scene. Officers should notify Central Dispatch Center and provide a complete description of the child. Officers shall notify the supervisor on duty of the circumstances surrounding the unidentified child. It shall be the responsibility of the on -duty supervisor to determine if the Criminal Investigation Division is to be notified. When officers identify the child, officers shall determine if the child is entered as missing in ACICINCIC records, and if so, officers should ensure the entry is revised to reflect the recovery of the child. When the parent or guardian is identified and located, officers shall investigate to determine the facts and circumstances to determine if it is safe to release the child to the parent or guardian. Officers shall submit a report documenting any encounter with unidentified children. Children who remain unidentified, alive or deceased, shall be entered into the ACIC/NCIC Unidentified Persons File by Central Dispatch Center. E. DEFINITIONS 1. The term missing child refers to a person who is: a. Younger than 21 years of age; and b. Whose whereabouts are unknown to his or her custodial parent, guardian, or responsible party 2. A missing child will be considered at risk when one or more of the risk factors are present. 3. Risk Factors refer to a missing child who is: a. 13 years of age or younger; or (1) This age was designated because children of this age group have not established independence from parental control and do not have the survival skills necessary to protect themselves from exploitation on the streets. b. Believed or determined to be experiencing one or more of the circumstances noted below: (1) Is out of the zone of safety for his or her age and developmental stage. a) The zone of safety will vary depending on the age of the child and his or her developmental stage. In the case of an infant, for example, the zone of safety will include the immediate presence of an adult custodian or the crib, stroller, or carriage in which the infant was placed. For a school -aged child the zone of safety might be the immediate neighborhood or route taken between home and school. 41.2.5 Missing Persons Page 3 of8 (2) Has a mental or behavioral disability, or a medical condition. If the child is developmentally disabled or emotionally/behaviorally challenged, he or she may have difficulty communicating with others about needs, identity, or address. The disability places the child in danger of exploitation or other harm. Special considerations should be given to missing persons with autism spectrum disorders in that they are known to be drawn to bodies of water and areas of high vehicular traffic. (3) Is drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially life -threatening. a) Any drug dependency puts the missing child at risk. The diabetic or epileptic child requires regular medication or his or her condition may become critical. The abuser of illegal drugs, on the other hand, may resort to crime or become the victim of exploitations. (4) Has been absent from the home for more than 24 hours before being reported to law enforcement as missing. a) While some parents may incorrectly assume 24 hours must pass before law enforcement will accept a missing -person case, a delay in reporting might also indicate the existence of neglect, abuse, or exploitation within the family. (5) Is in a life -threatening situation. a) The environment in which the child is missing may be particularly hazardous. Examples of a dangerous environment could be a busy highway for a toddler, an all-night truck stop for a teenager, or an outdoor environment in inclement weather for a child of any age. (6) Is in the company of others who could endanger his/her welfare. a) A missing child in such circumstances is in danger not only of sexual exploitation, but also of involvement in criminal activity such as burglary, shoplifting, and robbery or other violent crimes. (7) Is absent in a way inconsistent with established patterns of behavior and the deviation cannot be readily explained. a) Most children have an established and reasonable predictable routine. Significant, unexplained deviations from that routine increase the probability of risk to the child: (8) Is involved in a situation causing a reasonable person to conclude the child should be considered at risk. a) Significant risk to the child can be assumed if investigation indicates a possible abduction, violence at the scene of abduction, or signs of sexual exploitation. 4. Actions upon determination of risk factors. a. If it is determined risk factors are involved in the report of a missing child, the child will be considered at risk, and an expanded investigation, including the use of all appropriate resources, will immediately commence. (1) While all missing -child incidents should be thoroughly investigated, those involving risk factors indicate a heightened likelihood of danger to the child and, therefore, require an intensive response. 41.2.6 Missing Persons Page 4 of 8 b. Existing interagency response protocols and community notification methods, if available and appropriate, will be activated [CALEA 41.2.6 d.]. F. PROCEDURES 1. Central Dispatch Center personnel receiving the report of a missing child shall [CALEA 41.2.6 e.]: a. Immediately dispatch an officer to the scene of the report_ b. Notify a supervisor [CALEA 41.2.6 b.]. c. Determine the correct NCIC Missing Person File category. d. Transmit the appropriate radio alerts and other notifications [CALEA 41.2.6 c.]. e. Search agency records for related information, specifically any records such as those pertaining to the family, the place where the child was last seen, and the child's residence. (1) It is essential for responding officers to know if the child or family has been the subject of previous reports that might have a bearing on this incident. Records should also be reviewed to learn if any incidents have been reported in the area. f. Safeguard all pertinent records. (1) Central Dispatch Center personnel should also ensure records of all communication related to this incident, such as phone conversations with the reporting party and witnesses, including written notes regarding the discussion, radio broadcasts, and all subsequent notifications, are safeguarded for future investigative reference. 2. The initial officer assigned to the report of a missing person shall [CALEA 41.2.6 e.]: a. Respond promptly to the scene of the report activating all available mobile video equipment. b. Interview the parent(s) or person who made the initial report. c. Confirm the child is in fact missing, and determine if circumstances of the report meet the definition of a missing child as set forth in Section E. (1) First responders should never assume searches conducted by distraught parents or others have been performed in a thorough manner. Another check of the scene should be made and include places where children could be trapped, asleep, or hiding. Note: A search of the home should be conducted even if the missing child was last seen elsewhere. d. Obtain a detailed description of the missing child including photo(s) and videos. e. Verify the child's custody status. f. Identify the circumstances of the missing episode. g. Determine when, where, and by whom the missing child was last seen. h. Interview the individual(s) who last had contact with the missing child. i. Identify the missing child's zone of safety for his or her age and developmental stage and any special need considerations, i.e autisim, medical needs, etc. j. Obtain a description of the suspected abductor(s) and other pertinent information. 4.2.6 Missing Persons Page5 Of k. Provide detailed descriptive information to Central Dispatch Center personnel for broadcast updates [CALEA 41.2.6 c.]. 1. Identify and separately interview everyone at the scene. m. Conduct an immediate, thorough search of the scene, including all nearby bodies of water. n. Seai/proteat scene, area of child's home, and areas of interest as potential crime scenes_ Extend search to surrounding areas and vehicles including those that are abandoned and other places of concealment such as abandoned appliances, pools, wells, other bodies of water, sheds, or other areas considered "attractive nuisances." o. Inquire if the child has access to the Internet, cell phone, and/or other communications device. p. Prepare and complete all necessary reports and forms. 3. The supervisor assigned to the report of a missing child shall [CALEA 41.2.6 e.]: a. Conduct a briefing and obtain any documentation collected from the first responder(s) and other agency personnel at the scene. b. Determine if additional personnel and resources are needed to assist in the investigation. c. Activate existing interagency response protocols and community • notification methods, if available and appropriate. See General Order 24 and General Order 25. d. Establish a command post. e. Organize and coordinate search efforts. f. Ensure all required notifications have been made [CALEA 41.2.6 c.7. (1) Because dissemination of information is an integral part of the search for a missing child, the supervisor should ensure all officers, other departments and agencies, and all investigative networks are supplied with accurate details. Prepare a flier/bulletin with the child/abductor's photo and description. Distribute in appropriate geographic regions. Note: NCMEC is able to assist with this step. g. Establish a liaison with the victim's family. h. Confirm all agency policy and procedures are observed. i. Manage media (television, print, social, etc.) relations utilizing the Public Information Officer when necessary. 4. The investigator assigned to the report of a missing child shall [CALEA •41.2.6 e., f.]: a. Obtain a briefing from agency personnel at the scene. b. Verify the accuracy of all descriptive information. c. Initiate a neighborhood investigation. (1) Ensure responding officers have initiated or completed a thorough canvass of the neighborhood. d. Obtain a brief history of recent family dynamics. e. Explore the basis for any conflicting information. f. Complete all remaining key investigative and coordination steps. g. Activate existing interagency response protocols and community notification methods, if available and appropriate. See (General Order 24) (General Order 25). h. Implement effective case management. 41.2.6 Missing Persons Page 6 of S i. Evaluate the need for additional resources and specialized services. (1) Investigators should be aware of the input obtainable from resources such as the FBI; NCIC; missing -children clearinghouses; and NCMEC, in particular Team Adam, which is a rapid -response team of experienced, retired law -enforcement investigators. j. Update descriptive information. k. Monitor media relations. 1. Manage media (television, print, social, etc.) relations utilizing the Public Information Officer when necessary. 5. An officer assigned to the report of an unidentified person, whether living or deceased, who appears to be a child, shall: a. Obtain a complete description. b. Enter the unidentified child's description into the NCIC Unidentified Person File. c. Use all available resources to aid in identification of the child. (1) NCMEC'S Forensic Services Unit; NamUs (National Missing and Unidentified Persons System); missing -children clearinghouses; and other professionals, such as medical examiners, may be of assistance in this identification_ d. Cancel all notifications after identification is confirmed. G. An officer assigned to the recovery or return of a missing child shall [CALEA 41.2.6 f.j: L Verify the located child is, in fact, the reported missing child. 2. Conduct an interview with the child to determine the health and welfare of the child or any victimization which may have occurred. 3. Secure intervention services, if appropriate. 4. Contact, or arrange for the parent or legal guardian to be notified of the child's recovery 5. Make an attempt to arrange the return of the child to his or her legal guardian. If unable to make immediate arrangements for return of the child, the Arkansas Department of Human Services should be contacted for assistance; or, 6. If appropriate, place the child in custody and transport him or her to the appropriate facility for admission in the case of a runaway from another jurisdiction or from out-of-state who has been located and for whom a warrant exists or for whom an NCIC missing -person "hit" is verified. 7. Complete the appropriate supplemental reports and cancel all outstanding notifications. H. QUALITY ASSURANCE REVIEW 1. Notification of all incidents in which it is determined that ' a child is actually missing or abducted will be made by the on -duty supervisor to a Criminal Investigation Division supervisor for review. 2. A Criminal Investigation Division supervisor shall conduct a review to ensure all the appropriate steps and procedures were followed and, if necessary, provide feedback to those involved in the process. 41.2.6 Missing Persons Pago 7 of 8 3. The Criminal Investigation Division supervisor will assign a detective to further investigate if necessary. 41,2.6 Missing Persons Page 8 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.7 Department Response to Mey Ill Subjects Effective Date: July 7, 2010 Reference: Version: 1 CALEA: 41.2.7 No. Pages: 5 I. PURPOSE The purpose of this policy is to provide officers with effective resources for persons in need of mental health service and to provide information on legal and procedural requirements to assist them in providing the highest possible degree of service to this community. It is the practice of the Fayetteville Police Department to protect emotionally disturbed persons from harming themselves or others. Officers are likely to encounter mentally ill subjects in the course of their daily activity. it is important to understand that mentally ill subjects may require more time, different communication strategies and unusual decision -making in order to effectively address the issues at hand. Effective strategies for dealing with this population must place priority on public safety, the needs of the community and the requirements and rights of the individual [Calea 41.2.7). IL POLICY Officers will make every effort to deal with subjects believed to be mentally ill in a manner that will provide maximum safety to themselves, the community, and the subject. When possible, an officer should have another officer present at all times when dealing with subjects believed to be mentally ill. Officers will take steps to ensure such persons receive appropriate treatment to the extent possible (See flow chart on page 5). A. Recognizing Mental Illness 1. Mental Illness: Arkansas § 2047-202 (10) (A) defines "mental illness" as a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. 2. Officers' decisions to hospitalize or deal with a mentally ill person informally should be based on the degree of symptoms being displayed. The warnings signs or symptoms may include, but should not be limited to, the following [Calea 41.2.7 a,]: a. Confused thinking b. Prolonged depression, including sadness or irritability c_ Feelings of extreme highs and lows d. Paranoia, excessive fears, worries, and anxieties 41.2.7 Department Response to Mentally Ill Subjects ' g I of 5 e. Dramatic changes in sleeping or eating habits f. Strong feelings of anger g. Delusions or hallucinations h. Suicidal thoughts i. Denial of obvious problems j. Numerous unexplained physical ailments k. Substance abuse 1. Social withdrawal m. Threatening behavior B. Initial Contact Guidelines [Calea 41.2.7 c] 1. Initial Contact — Any person exhibiting signs of uncontrolled mental illness may be experiencing the effects of a severe medical condition, a chemical imbalance, brain damage, the effects of narcotic use or a combination of any/all of the above. a. Officers should not attempt to diagnose symptoms. Officers may be called upon to articulate any observations and to make sound decisions based on those observations. b. Officers will always remember that any person, including a mentally ill person, can be dangerous. Additionally, violent mentally ill subjects may not respond in a predictable manner when physical force is being used. They may not respond to painful stimuli as others would, and they maybe unusually strong during an acute psychotic phase. 2. Gathering Facts — Gather information that will assist in making decisions and that may be used in a criminal or civil proceeding at some point. a. Information may come from the subject, friends, family, and witnesses. b. Valuable information may also be found when reviewing prescription medications or in conferring with the person's psychiatric staff. 3. Officer's Evaluation of Subject — When an officer encounters a person whom he believes may need mental health care, the officer shall evaluate the person's condition and determine an appropriate disposition of the person, in accordance with Arkansas § 20-47-204, Arkansas § 20-47-207, and Arkansas § 20-47-210. Officers must first decide if, in their judgment based on training, experience and input from mental health professionals and/or family members of the subject, that the person is mentally ill AND: a. A danger to him/herself and/or b. A danger to others and/or c. Gravely disabled (to the point that they can no longer take care of basic functions such as secure shelter, medicine, food or basic hygiene) 41.2.7 Department Response to Mentally !it Subjects Page 2 of 5 4. Unless the Subject willingly agrees to go to a treatment facility, and the above criteria are met, a custodial detention is required on the part of this department. a. Custody can either take the form of a physical arrest or protective custody. In the event of arrest, Officers shall complete a charging instrument (preliminary arrest form) with a listed violation of a state statute. b. Officers SHALL NOT take a person into protective custody and place them in ajail setting without a chargeable offense. 5. Persons believed to be suffering from mental illness that do not pose an immediate danger to themselves or others may receive the following services from this department: a. Transportation or direction to a local treatment facility for voluntary admission. b. Assistance in contacting supportive family, friends and/or care providers. 6. Transportation — Patrol units equipped with safety screens will be used to transport persons to treatment facilities. Officers should refer to Fayetteville Police Department Policy 71.1.1 for transportation guidelines. C. Involuntary Commitment 1. Arkansas § 20-47-207 states that a person shall be eligible for involuntary commitment if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he/she poses a clear and present danger to himself/herself or others. 2. State law requires any person placing a protective hold on another person to take that subject to a hospital or receiving facility for treatment (ACA 20-47-2(11-210). 3. Involuntary Commitment: If an officer has personally witnessed a person's behavior, which meets the criteria for involuntary commitment; received information from an interested citizen willing to seek a petition for involuntary admission; or upon the authorization of a Supervisor, the officer shall: a. Take the person into custody_ This can either be through arrest if an actual crime has been committed or through protective custody as detailed in Arkansas § 20-47-210. b. Transport the person to Washington County Jail or to the appropriate facility for screening and evaluation. c. Provide jail staff or the initial screener with as much information as possible about the person's condition. d. Stay with the person until jail staff or hospital/treatment facility security arrives and a report is given to receiving personnel. (Officers may use their discretion to stay in the hospital facility longer in cases when the subject is still violent and difficult to control.) e. Complete a charging instrument (preliminary arrest form) if an arrest has been made. 41.2.7 Department Response to Mentally III Subjects Page 3 of 5 f. Complete a petition for involuntary commitment and attach to an informational report. (The petitioning officer must sign the affidavit.) g. Leave a copy of the petition and informational report in the CID mailbox. CII7 personnel will be responsible for forwarding the reports to the Washington County Prosecutor's Office. 4. Current hospital and treatment center protocol will be maintained and is available in the squad room and in the agency's common drive. [CALEA 41.2.7 b.] 5. Note: If an officer has not witnessed behavior that would allow him/her to articulate under oath the need for involuntary commitment, but other adults have witnessed the behavior, those witnesses should be encouraged to file a petition for involuntary commitment with the Washington County Prosecutor's Office. 6. Officers may use a reasonable and appropriate level of physical force necessary to control and transport persons for the purpose of involuntary commitment or for the enforcement of a court order, in compliance with Fayetteville Police Department Policy 1.3.1. D. Felony Arrest 1. No petition for Involuntary Commitment is necessary in the case of a felony arrest. 2. Felony arrests may result in a court order requiring immediate confinement of a mentally ill subject into the Act 911 Program. 3. In instances where crimes have been committed, particularly against other persons, an arrest is the preferred method of action: E. Interview and Interrogation [Calea 41.2.7 c] 1. Persons who are presently experiencing mental illness may be interviewed and/or interrogated in reference to an investigation. 2. Officer Safety must remain of paramount importance, and having a second officer observing the interview is preferable. F. Training 1. The Training Division shall ensure that all siverft employees and -all linn employees shall receive documented entry-level and refresher training on applicable laws and handling persons suspected to be mentally ill. [Calea 41.2.7 d] 2. This documented refresher training shall occur at least every three (3) years and should include inputtinstructors from mental health professionals, mental health consumers and law enforcement instructors. [Calea 41.2.7 e] 41.2.7 Department Response to Menully III Subjects Page 4 of 5 Flow Chart for Department Response to Mentally III Subjects Subject Bellkved to be Meutalby III? II YEs [:No Refer to appropraate Dirger to Set[ po y wive or Viers? TRANS" OR REFER TO NO SERVICES gl F1ARREST2' PROTEC R i 1 CUSTODY? MISDEMEANOR FELONY ARREST DOCV ENTATION PETITION TO INVOLUNTARILY COMMIT ARREST D0CLMENTATI0N ONLY (No petetiun to commtit) TRANSPORT TO TREATMENT F'ACILiTY PETITION TO INVOLUNTARILY COMMIT *An arrest should only occur if probable cause exists for a criminal offense. 41 2.7 Depurttnent l?cspnnsu to Mcnttally III Subjects Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Sub'ect: 41.3.5 Grooming & Uniform Requirements Effective Date: September 4, 2012 Reference: Version: 1 CALEA: 1.3.9 a,b; 22.2.5; 41.3.4,5,6 No. Pages: 8 1. 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. This policy shall apply to all personnel while representing the department in any manner. All sworn personnel shall comply with the following grooming and uniform standards that apply to sworn personnel, unless excluded by the Police Chief due to special assignments. No member of the department shall wear his or her uniform or any• part of his or her uniform while he or she is on medical light duty, administrative leave or under suspension For ., current:,, uniform specifications refer to the Uniform Specifications with Photographs and the Quartermaster's Authorized Uniform and Equipment Lists Regulations Book maintained on the computer network, the squad room and in the Quartermaster's IILPROCEDURES FOR SWORN PERSONNEL 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 rrnif Regelat:ons Boa are supplied and issued under the Fayetteville Police Department Quartermaster system, 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 system. Non - uniformed personnel arc subject to the same standards and inspections as uniformed personnel. Officers replacing items through the quartermaster system must submit a "Uniform and Equipment Replacement Form" signed by their supervisor. Failure to maintain appearance standards will he noted on your annual evaluation. Repeated failure to maintain proper appearance standards could lead to disciplinary action. 41.3.5 Grooming & Uniform Requirernents Page I of 8 IV. GROOMING FOR SWORN PERSONNEL 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 — While wearing a uniform, hair shall be worn in a fashion not to create the risk of injury to them. Hair must not hang loose on or below 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 Iip 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 - While wearing a uniform, 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 — While wearing a uniform, 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. 41,3.5 Grooming & Uniform Etequiremenu Paget of8 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. b. Officers in non -uniformed assignment shall have the following options to cover any visible tattoo or brand: (1) 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). (3) Have the tattoo or brand removed at the officer's expense. c. 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 tint only detracts from a professional appearance, but also poses a serious risk and potential for injury in a confrontational situation, and shall not be worn 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 caps for the purposes of ornamentation is prohibited. Teeth whether natural, capped or veneered shall not be ornamented with designs, jewels, initials, etc. V. UNIFORMS FOR SWORN PERSONNEL Officers will be required to wear a uniform as authorized by the Chief of Police. Uniform specifications will be listed in the Quartermaster's Authorized Uniform and Equipment Lists and will be pictured in the Uniform Specifications with Photographs RegulaMona-Beek maintained on the computer network. Quirrtermastaoflloer 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 41.3.5 Grooming & Uniform Requirements Page 3 of $ 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 (if applicable), whistle chain (optional), two pens/pencils, leather or web -gear duty belt, duty boots or shoes and duty hat or stocking cap (optional). Collar brass will be worn with the Class "B" uniform short sleeve shirt. Collar brass is not worn on the Class "B" uniform long sleeve shirt for the rank of sergeant, corporal, or patrolman. The rank of lieutenant and above will wear collar brass on the Class "B" uniform long sleeve shirt. 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. Class "C" uniforms will be the department issued navy color BDU pant and approved Fayetteville Police Department 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 holder, 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 Quartermaster's Authorized Uniform and Equipment Lists uniform rogulation boek. 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 Quartermaster's Authorized Uniform and Equipment Lists uniform regulations book. c. Stocking Cap: To be worn in cold weather. Refer to the Quartermaster's Authorized Uniform and Equipment Lists uniform rogulatiorw book. d. Extreme Cold Weather Cap: This item is optional, and it is not furnished by the department. This cap may be worn during extreme cold weather. Refer to the 41 3.5 Grooming & Uniform Requirements Page 4 of 8 Quartermaster's Authorized Uniform and Equipment Lists uniform -regulations WA. e. Hat Badge: To be worn with the Duty Hat. Refer to the Quartermaster's Authorized Uniform and Equipment Lists 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". Rank Insignia will be worn on both collars of the Class "B" uniform short sleeve shirt. Rank Insignia is not worn on the Class "B" uniform long sleeve shirt for the rank of sergeant, corporal, or patrolman. The rank of lieutenant and above will wear rank insignia on the Class "B" uniform long sleeve shirt Tho rank insignia hnfl be worn eft-both-eallars of C1003 "B" sergeant, f patrolman fiat elaes. The insignia for the rank of lieutenants and above will be worn on shirt collars parallel perpeedicutar 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 Specifications with Photographs lions beak. 5. Name Plate: The nameplate will be furnished by the quartermaster. 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 Specifications with Photographs Regulations Book. 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 Specifications with Photographs lions Beek. S. Shirts and Trousers: Refer to Uniform Specifications with Photographs and the Quartermaster's Authorized Uniform and Equipment Lists 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 E.P.D. long, or short sleeve t - shirt will be worn with the Class "C" uniform. Refer to the Quartermaster's Authorized Uniform and Equipment Lists Uniform RegLthttiono Book. 41.3.5 Grooming & Uniform Requirements Page 5 of g 10. Coat/sweater: Refer to Quartermaster's Authorized Uniform and Equipment Lists 11, Raingear: Refer to the Quartermaster's Authorized Uniform and Equipment Lists 12. Footwear: The Chief of Police has authorized *a feilewi tg footwear for patrol. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. a. A pinin-tou Oxford. . b. A i 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 Quartermaster's Authorized Uniform and Equipment Lists 13. Bullet Resistant Vests: The department will issue a bullet resistant vest to each sworn officer of the department. When in uniform, Uniformed officers shall wear a bullet resistant vest at all times unless specifically exempted by the Chief of Police. Officers in plain clothes are not required to wear the vest; however, all sworn members are required to maintain their issued vests and are encouraged to have them available should an incident arise for which the officer may be at risk. The vest will be supplied by the department and replaced as necessary. icegriatiocw book. [CALEA 41.3.51 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.] V1. DEPARTMENT -ISSUED WEAPONS AND AMMUNITON: 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. Clock 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 f. AR- 10 308 caliber semi -automatic rifle g. Glock Model 27.40 caliber semi automatic pistol 41.3.5 Grooming& Uniform Requirements Page 6 of 8 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 will be governed by the department's Approved Weapons and Ammunition List as maintained by the Administrative Lieutenant. A copy of this list will be maintained on the computer network [CALEA 1.3.9 b_J. 4. Uniformed officers and detectives of this department will carry only department - issued shotguns and rifles. VII. DRESS CODE FOR NON -SWORN 1. Dress Code and Appearance: The Fayetteville Police Department endorses a professional, comfortable work environment for non- sworn employees. All non - sworn employees should dress in job appropriate attire which supports this goal for our workplace. The following will govern attire for non -sworn employees. a. Non -sworn employees will be allowed to wear: (t) Pants, slacks, and capri pants. (2) Dresses and skirts with length no shorter than three inches above the knee. (3) Tank and spaghetti tops only when worn with a sleeved shirt. Dressy, button up, and sleeveless tops are permissible. (4) Leggings or • form fitting pants or capris are permissible when worn with a dress, skirt, or tunic top that is long enough to cover the mid -thigh. (5) Jeans during the following circumstances: a) While working as Dispatch personnel during a scheduled shift. b) Other Civilian personnel not working during regular business hours which translates as outside of 7:00 a.m. to 5:00 p.m. c) Supervisors may also.allow.:civilian personnel..working-_::7:00 a.m. to 5:00 p.m. permission to wear jeans. Examples of this are a Friday jean day, and during other duties assigned such as cleaning, evidence room assistance, or during periods of inclement weather. b. Employees should use common sense regarding attire and refrain from wearing unlaundered, sloppy, or overly provocative clothing to work. c. Specifically prohibited clothing shall include: (1) Clothing that exposes the midriff back, or that has a low cut neckline. (2) Spaghetti strap tops, tank tops not simultaneously worn with a sleeved shirt, tube tops, halter -tops, or netted shirts. (3) Clothing exposing undergarments. (4) Clothing that is torn, frayed, or that has holes. (5) Attire or accessories that display suggestive language, derogatory comments, or slogans. (6) Clothing that is inappropriately revealing. (7) Short pants. (8) Sleepwear including pajama pants. (9) Sweat pants. 4L 3.5 Grooming & Uniform Requirements Pago 7 of 8 (10) Leggings that are not worn underneath a dress, start, or tunic that ate long enough to cover mid -thigh. (11) Yoga, athletic, or work-out type pants. (12) Flip Flops (Any type of sandal that fits between your toes and only has "one" strap holding it on your feet, whether dress or casual) 2. Violation of Dress Code a. The non -sworn employee's immediate supervisor will have the authority to deter Inc if an employee's attire violates this policy. Any non -sworn, employee who is found in violation of'the dress code,will be sent home to change. Time away from work to change clothes will be charged to accrued leave banks or leave without pay. Disciplinary action will be taken in accordance with the city and depaztment's policies. 3. Clothing worn by all non -sworn personnel should be clean and well -kept. Likewise, personnel should -maintain an average or higher degree of personal cleanliness. 41.3,$ Grooming & Uniform Requirements Page S of'8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 42.1.1 Criminal Investigations Effective Date: November 8, 2012 Reference: 44.1.1, 82.1.1 General. Order 34 Version: 1 CALEA: 42 No. Pages: 7 I. PURPOSE The purpose of this directive is to establish procedures relating to the Fayetteville Police Department's Criminal Investigation function. This policy will provide guidance to both uniformed officers and officers specializing in investigations. U. POLICY A. Administration 1. Fayetteville Police Department will provide and support 24 -hour service capabilities for its various criminal investigation functions [CALEA 42.1.13: a. Supervisors assigned to each criminal investigation function of the police department will manage and maintain call -out protocol to include an on -call investigator duty roster. b. Prior to assignment to an investigative position, officers must understand the importance and necessity of an on -call function and agree and accept their individual role in this function. 2. Fayetteville Police Department will utilize a computerized case tile management system to manage reports and investigations [CALEA 42.1,3 a.], [CALEA 82.1.5]: a. Information regarding status of cases will be systematically recorded and updated by employees assigned to the investigative divisions and overseen by investigation supervisors. A system for case status control will include the following [CALEA 42.1.3 a]. 1) Case Number; 2) Investigator assigned; 3) Date investigator was assigned; 4) Supervisor that assigned case; and 5) Date case was closed. b. Investigators will determine the status of each case [CALEA 42.1.3 b.]: 1) Open/Active- Indicates a report has been submitted and may be, or has been, assigned for investigation. 2) Cleared by Arrest- A suspect has been identified and arrested. 42.1 1 Criminal investigation Pagc I of 7 3) Cleared by Exception -Elements beyond law enforcement's control prevent the agency from arresting and formally charging the offender. The following four conditions must be met in order to clear a case by exception: a) The offender has been identified; b) The department has gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution; c) The offender's exact location has been identified so the suspect could be taken into custody immediately, and; d) Circumstances outside the control of law enforcement prohibit the department from arresting, charging, and prosecuting the offender. 4) Inactive- , but the ease -has Cleared Other -This is worded as "Investigation Complete- Closed" in the case status field. Cases will be deemed as "cleared other" for the following criteria; a) Case inactivated in that all available leads have been exhausted, but the case has not, been brought to a satisfactory conclusion; b) Warrant requested; c) Prosecution review; d) Case sent to other jurisdiction; e) Clearing death investigations exceptionally where no foul play is suspected. 5) Unfounded- Investigation has determined the offense did not occur. c, Case files should contain preliminary investigative reports, records of statements, results of examinations of physical evidence, case status reports, and other reports needed for investigative purposes [CALEA 42.1.3 c.]. d. Case files will be maintained, updated, and primarily accessed by assigned investigators. Case files must be secured when not in use [CALEA 42.1.3 d.]. e_ Case files will only be purged under court order or in compliance with State or Federal guidelines [CALEA 42.1 .3 e.]. f. When closed tf ire case files are removed from CID for storage purposes, the case files will become the responsibility of the Records Division. The Records Division will maintain the case files in the of .site storage area and will be secured by padlock independent from the overall facility. The key will be maintained by the Records Coordinator and checked out to authorized personnel as needed [CALEA 42.1.3 d.] [CALEA 82.1.1b.]. 3. The following guidelines will apply to the intelligence function of the Fayetteville Police Department. The intelligence function shall include the collection, processing, and sharing of suspicious incidents and criminal intelligence relating to criminal and homeland security activities (CALEA 42.1.61: 42,1.1 Criminal [nve%tigation 1'agt:2 0t7 a. The intelligence function of the Fayetteville Police Department will be maintained by the Criminal Investigation Division (CID). The administration of the intelligence function will be overseen by the lieutenant assigned to CID [CALEA 42.1.6 a,]. b. The Fayetteville Police Department expects and requires that all levels of agency personnel value information that may be categorized as intelligence and report such information according to the requirements of this policy. All levels of sworn officers are required to report on intelligence matters to the CID, Non -sworn personnel may seek the assistance of sworn officers to collect and report information, or depending on the circumstances of the reporting person, non -sworn personnel of the police department may collect the information and report it to the CID [CALEA 42.1.6 b.]. c. The Fayetteville Police Department Training Division shall ensure training is provided to all personnel on the collection, processing, and sharing of on the :dent fii..iho reporting, and di sernination-of suspicious incidents and criminal intelligence relating to criminal and homeland security activities [CALEA 42, 1.6 c.]. d. The CID lieutenant is responsible for the analysis, security, storage, and dissemination of intelligence information, The CID lieutenant will safeguard the integrity of all intelligence files, ensure that legal requirements are being followed, and ensure the security of these files. Intelligence files will be maintained separately from other agency records to prevent compromise of the integrity of the. file system [CALEA 42.1.6 d]. e. The CID lieutenant will ensure that intelligence information will be limited to criminal conduct and activities presenting a threat to the community [CALEA 42.1.6 e]. C. Legal and privacy requirements of the intelligence function will be maintained by the CID lieutenant. Intelligence information will only be used for law enforcement purposes, but may be used for public safety'notification.. All department employees are expected to.keep intelligence information confidential [CALEA 42.1.6 f]. g. The CID lieutenant will ensure that vital intelligence information is acted upon and successfully disseminated or transferred to corresponding components within the police department and to outside agencies and components where that information is practical, vital, as well as legally required [CALEA 42.1.6 g]. h. Intelligence information believed to be out of date or incorrect will be purged under the authority of the CID lieutenant [CALEA 42.1.6 h]. i. An annual review of procedures and processes of the intelligence function will be overseen by the CID lieutenant [CALEA 42.1.6 i]. E. Operations I. Officers in every assignment of the department shall value the importance of each investigation. The following steps will be considered in the preliminary investigation and documented when applicable [CALEA 42.2.1]: a. Securing the scene; b. Providing aid, to the extent possible, to the injured; c. Maintaining and protecting the crime scene and arranging tar the collection of evidence [CALEA 42.2.1 c.]; d. Observing all conditions, events, and remarks [CALEA 42.2.1 a.]; e. Locating and/or identifying witnesses and suspects [CALEA 42.2.1 b.]; f. Interviewing and obtaining statements from complainants, witnesses, and suspects [CALEA 42.2.1 d.]; g. Determining whether an offense has been committed and the exact nature of the offense; 42-1.1 Criminal Investigation Rage 3 of 7 h. Effecting an arrest at the scene or through immediate pursuit of the suspect; i. Furnishing other units with descriptions, method, direction of flight, and other relevant information; j. Accurately recording all pertinent information using prescribed reporting methods. 2. The following steps will be considered when conducting follow-up investigations and will be completed when applicable [CALEA 42.2.2J: a. Reviewing and analyzing all previous reports prepared in the preliminary phase, departmental records, and results from laboratory examinations [CALEA 42.2.2 a.]; b. Conducting additional interviews and interrogations [CALEA 42.2.2 b.]; c. Seeking additional information from uniformed officers and informants [CALEA 42.2.2 c.J; d. Planning, organizing, conducting searches, and collecting, preserving, analyzing, and evaluating evidence [CALEA 42.2.2 d.]; e. Identifying and apprehending suspects [CALEA 42.2.2 e.]; £ Determining suspect involvement in other crimes [CALEA 42.2.2 f.j; g. Determining in detail the exact circumstances of the offense; h. Checking suspects' criminal histories [CALEA 42.2.2 g.]; i. Recovering stolen property; j. Maintaining contact with case principals [CALEA 55.2.41; k. Reporting information obtained in investigations in accordance with departmental reporting methods; 1. Preparing cases for court presentation [CALEA 42.2.2 h.]. 3. Officers of the Fayetteville Police Department must understand that persons must be afforded certain constitutional rights in respect to interrogation and access to counsel [CALEA 1.2.3 b, c]: a. Interrogation refers not only to express questioning, but also to any words or actions on the part of the police, other than those normally associated with arrest and custody, that the police should know are reasonably likely to elicit an incriminating response from a suspect. b. When questioning a person in custody, officers shall provide the person with Miranda Rights. (For juveniles, see FPD 44.1.1.) c. Upon a person invoking their right to counsel, officers shall cease any line of questioning relating to an alleged criminal offense. Once a person has invoked his or her right to counsel, an interrogation may proceed precede only in the .following two scenarios: the interrogation is conducted in the presence of an attorney, or the person that has invoked his or her rights makes a self -initiated declaration to the officer that he wants to initiate further communications, exchanges, or conversations with the police. Prior to any discussion pertaining to an alleged criminal offense when a person makes a self -initiated declaration after having invoked his rights to counsel, the officer should discuss clearly and openly with the person that he invoked his rights to an attorney, is under no obligation to answer questions, and is entering discussion with the officer at his or her own prerogative and direction. 42.1.1 Criminal Investigation Page 4 of 7 4. For each long-term multi jurisdictional investigative task force of which the department is a participant, the department will ensure it maintains a directive that includes the following criteria [CALEA 422.5]: a. a written purpose [CALEA 42.2.5 a,]; b. defining authority, responsibilities, and written agreements [CALEA 42.2.5 b.]; c. evaluating results and the need for continued operations [CALEA 42.2.5 c.]. 5, The following rules shall apply to the department's use of technical aids for the detection of deception [CALEA 42.2.6]: a. The Chief of Police may choose from a variety of devices used for the detection of deception; b. Use of these devices will be restricted to trained personnel that have graduated from the accepted training institutions and have demonstrated sound fundamentals in the use of equipment; c. Testing of juveniles requires both the consent of the juvenile and the juvenile's parent or legal guardian. 6. The following procedures shall apply to uniform and non -uniformed personnel utilizing designated interview and interrogation rooms [CALEA 42.2.10]: a. Officers may retain possession of their firearms in the interview rooms during citizen initiated contacts at the police department, interviews with witnesses, and interviews with victims. These contacts will be treated as any other call for service. Otherwise, in the presence of suspects being interviewed, officers shall not enter the interview room with their firearms, but may retain possession of other less -lethal weapons. Firearms shall be locked in departmental provided lock boxes [CALEA 42.2.10 a.]. b. Detainees and arrested persons should be searched prior to being placed in an interview room. The room should be searched prior to and after the person has been in the room. Consideration shall also be given for possession of firearms to persons not under arrest [CALEA 42.2.10 b.]. c. A detainee is under the immediate officer's care until that time he or she has verbally or physically relinquished control of the detainee to another officer, either for the purposes of interviews or transport [CALEA 42.2.10 b.]. d. During interviews, there should normally be no more than one suspect and two investigators in the interview room. An exception to this rule is that suspects are afforded legal representation [CALEA 42.2.10 c,]. e. All officers are provided with portable radios, and investigators are provided with cellular phones. Prior to interviews, officers should ensure they are equipped with one or the other as a means for summoning assistance. Interview rooms are equipped with real time audio and video. Officers and/or supervisors should be assigned to monitor video as an extra precaution during interviews of subjects in cases involving extraordinary security concerns. After hours, officers and detectives should make shift supervisors assigned to the station aware of interviews taking place [CALEA 42.2.10 d.]. f. Supervisors are responsible for maintaining minimal furnishings in the interview rooms and should see that the rooms remain uncluttered. Interview rooms shall consist of one table and no more than three chairs. The soft interview room shall normally be used for interviewing victims and victims' family members. The soft interview room will consist 42.1.I Criminal Investigation Page5 oft of a table, two comfortable chairs, and no more than two additional chairs. All officers/detectives conducting interviews are responsible for inspection of the interview rooms and removal of hazardous items prior to interviews [CALEA 42.2.10 e.]. g. Officers/detectives conducting interviews and interrogations should ensure that persons are afforded adequate access to restrooms, water, and breaks [CALEA 42.2.10 f.]. h. Whenever practical, custodial interrogations should be electronically recorded. 7 Eyewitness identification is a frequently used investigative tool. Employees shall follow the identification processes in General Order 34. [CALEA 42.2.11, 42,2.12]. The followingis-to of attention and their opportunity to -4 -the eriminal during the establish- mcedures for the eyewitness identifiention of suopeets through the-usa of the aeeuraey of a statement and aenduet, and -the length of tune between the edme and --subsequent identification should be eennidered-icoteva t observatians in considering a lineup [CALEA 42.2,11]: recommended). Only one member of -the photographie-lino-up will be n suspect in the of the suspect's signifieant -thettwen, such as: age, otee, faeial features, weight, build, and any unique or unusual features. [1 possible, the photograph should be eeet#-and Eesemblu the suspect's appearance -n the e-4he-effen was eetntitted-- Photographic line ups should -be compiled -using -the same quality of y . . lt k hite or all eater, and note mixture [CALEA 12.2.11 p.]. b If possible, photographie tine ups should be video -end/pr sadie- recorded [CALEA 12.2.11b} a. If the same photographia line ep-ii to be -presented to s then these witnesses should be sepaesteti before and during the admnetratiee-ef-the identifieatieo process (CAI=EA 422-14o.]. 4—Eoforc-u-photographie line up 4ati begins, the witness should be informed that The offender may -or may riot be among the photographs shown. TMss -the- -witness-slwuldL-be informed that they may take as much -time -as needed to review the line up, and they are et required to make identiflealion [CALEA 42.2.11 d.]. The effioer presenting the line up will beelert to the -level of eonfidence expressed by -the -witness [CALEA 122.11 e.]. a. The :effieerpresenting the line up -is prohibited from indiiting-in any -way the identity of the -suspect. The witness should understand thet their eonthbutien is important whether they eon identify the suspect or not and that the inveiigntion will continue [CALEA 42.2.11 t.--All4}nt pa -w be dpcitmented-a1eng results) in a supplomantal-coport-addod-to the-origiruil ins .,.,.,,: ga6yo c e flew. ALE A 12.111 ,. 2. Eyewitness ichntifieation-is-a-frequeatty-used 1nvea1iga4ka toeL-The following is to establish procodurc tbr the eyewitness identification -of suspects through the use of show ups or field ident3 t elieHs-Bccause of the inherent.suggestiveness they , 42,1 .1 Criminal investigation Page 6 of 7 f 42.2. f •viewing,be-ad e th being viewed may-ne a and -they are -net required to make identification [CATER A'1Z 12 .1] [C ALE the wit a092 -at the idoetifleation. -This information should-be-deoumented in and the ovo1-ef-eedeaionscrated-by report ECAr EA 42.2 12 el € The -es esenting the 6h0w up / field identification iu-prohibited from indicating in r-contributen is -important whether they-oan identify the nuapeot or not and that the -itwostigation WILE ooutinuo-[CALEA 423. 12-f1. g. —All ahow-upe ' field (dentification Will he -documented (along with the-*eeults) in an e+'i.. f.. report -and -included -in awn.•Lincluda�:n_tl�n; weat:gati..e ..aee aCC A f E A 42 .2.12 12 .. 7 orrrr,+'vi��a'�. vfa.� cmz�w 4211 Criminal Investigation Page 7 of 7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 44.1.1 Juvenile Operations Effective Date: November 8, 2012 Reference: 44.2.4 Version: 1 CALEA: 44 No. Pages: 5 I. PURPOSE The purpose of this directive is to establish policies concerning the department's juvenile programs and the processing of juvenile offenders and victims (CALEA 44.1.11. IL POLICY A. ORGANIZATION AND ADMINISTRATION - The Fayetteville Police Department is committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency and victimization. 1. The Fayetteville Police Department shall maintain an investigative division with specializations associated with juvenile matters, this division will fall under the command of the Criminal Investigation Division (CID). 2. The responsibility of juvenile operations and delinquency prevention efforts is to be shared by all agency personnel and not just limited to the responsibility of CID. In particular, all patrol officers should familiarize themselves in proper handling of juvenile problems, both criminal and non -criminal. 3. The Fayetteville Police Department will strive to maintain a working relationship with other elements of the juvenile justice system, namely the Washington County Juvenile Court and the Washington County Prosecutor's Office. 4. An additional resource regarding Juvenile Operations is the School Resource Officer Division (reference can be made to FPD 44.2.4). B. OPERATIONS 1. Encountering Abuse and Neglect: a. Any time an officer encounters a juvenile who has been exposed to neglect or abuse, the officer shall report the neglect and or abuse to the Arkansas State Police Hot Line. Contacting the local DHS office or a local DHS employee does not fulfill the obligation of reporting to the hot line. 44.1.E Juvenile Operations Page I of 5 2. Taking Juvenile Into Custody - When encountering juveniles, personnel of the Fayetteville Police Department shall ensure the constitutional rights of juveniles are protected in all types of situations [CALEA 44.2,2 c.]. Personnel will follow the following procedures for taking a juvenile into custody. Protecting a juvenile in immediate danger is of the utmost importance. A juvenile may be taken into custody without a warrant for the following. a. Pursuant to an order of the court under Arkansas Code § 9-27.301 (Act 273 of 1989); or b. By a law enforcement officer without a warrant under circumstances as set forth in Arkansas Rules of Criminal Procedure 4.1 (also see Policy 1.2.1); or c. By a law enforcement officer or by a duly authorized representative of the Department of Human Services (DHS) if there are clear, reasonable grounds to conclude that the juvenile is in immediate danger and that removal is necessary to prevent serious harm from his surroundings or from illness or injury and if parents, guardians, or others with authority to act are unavailable or have not taken action necessary to protect the juvenile from the danger and there is not time to petition for and obtain an order of the court prior to taking the juvenile into custody. Evidence that the juvenile has already been banned should be another factor in determining custody [CALEA 44.2.2 b.]. d. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b.]. e. When taking a juvenile into custody for protection, the officer is required to report the protective custody situation to the Arkansas State Police Hotline. The officer must arrange for the transfer of custody to the Department of Human Services during the hotline call and may also need to coordinate with additional correspondence with the Department of Human Services [CALEA 44.2.2 b.,.d.]. f When a juvenile is taken into custody; the officer should always attempt to make contact with the parent(s)'orlegal guardian and `advise them of the situation [CALEA 44.2.2 e.]. Alternatives to Arrests of Juveniles for Delinquent Acts -- When encountering juvenile offenders, officers shall use the least coercive among reasonable alternatives. Officers making contact with a juvenile who has committed a delinquent act which does not involve a victim, (such as loitering, etc.) or an act whose victim does not wish to press charges may use alternatives to arrest [CALEA 44.2.1 a.]. a. For minor violations that do not include a victim, officers have the discretion to make an outright release with no further enforcement action [CALEA 44.2.1 a.]. b. Alternatives to arrest include: verbal warning, referral to a School Resource Officer or other juvenile services office, conference with the juvenile's parent(s) or guardian, report and referral to Washington County Prosecutor's Office Juvenile Division, or report and referral to Washington County Juvenile Court [CALEA 44.2.1 c.]. 44 II Juvenila Operations Page 2 of 5 c, If alternatives to arrest are employed, it is not necessary to contact any officials with the juvenile court system. 4. When encountering juveniles, officers shall determine if a juvenile has engaged in a non -criminal misbehavior status offense. If the offense is non -criminal, officers should employ one of the following non -arrest options [CALEA 44.2.2 a]: a. Advice to the juvenile on the situation; b. Verbal warning; c_ Determination to make a later referral to a school resource officer or juvenile court; d. Ora conference with the juvenile's parent. 5. Taking a Juvenile into Custody - With or Without a Warrant a. No juvenile shall be incarcerated in the Washington County Jail. An exception to this is afforded to prosecutors under state law, when charging juveniles as adults [CALEA 44.2.2 c.]. b. The officer should always attempt to make contact with the parent(s) or legal guardian of any juvenile taken into custody and advise them of the situation [CALEA 44.2.2 e]. c. When a juvenile is arrested and taken into custody the officer should contact the juvenile intake officer of the Washington County Juvenile Court to discuss terms and conditions of release or detention. Officers will follow the direction of the juvenile intake officer of the Washington County Juvenile Court who will decide if the juvenile is to be released to a parent/guardian or is to be taken to Washington County Juvenile Detention Center. If the intake officer directs the juvenile to the detention center, the officer will take the juvenile to the detention center without delay, unless the juvenile is in need of emergency medical treatment. If the juvenile is in need of emergency medical treatment, officers will follow FPD 71.1.1. At that point, the juvenile's medical care will receive priority. The intake officer of Washington County Juvenile Court should be notified of the juvenile's condition and assist in determining how the juvenile is to remain in custody during medical treatment or make additional release determinations [CALEA 44.2.2 d.]. d. 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 Class Y, Class A or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. r --a uvoniie-s- -affeated-fec any effaturn that: if committed by an adult -would • Criminal Ue of a -Prohibited Weapon. These processes will commonly be completed during booking at the Washington County Detention Center [CALEA 1.2.5 b., c.]. e. An alternative to taking a juvenile into custody is release of the juvenile through the use of a uniform traffic ticketicitation or an Arkansas Criminal 44.Lt . t Juvenile operations Page 3 of 5 Citation [CALEA 44.2.1 b.]. If the juvenile is to be released on a traffic violation that would go through Fayetteville District Court, it is not necessary to obtain the authorization of the Washington County Juvenile Court Intake Officer. However, if the juvenile is to be released on a criminal violation that would go through Washington County Juvenile Court, the intake officer should be contacted. f. Traffic Offenses - If a juvenile is taken into custody for a warrant on a traffic offense from another jurisdiction, the jurisdiction which issued the warrant should immediately be contacted to determine conditions for release. If the juvenile cannot be immediately released, the juvenile detention center should be contacted [CALEA 44.2.2 d]. 6. Taking a Juvenile into Custody- Protective Reasons a. An officer may take into custody any "Dependent -neglected juvenile". "Dependent -neglected juvenile" means any juvenile who as a result of abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness is at substantial risk of serious harm. When determining to take a child into protective custody, officers will follow the legal guidelines of Arkansas law under Title 12-12-516. When necessary, officers may seek guidance from a supervisor [CALEA 44.2.2 b, 41.2.6]. b. Any officer taking a juvenile into custody as a "Dependent -neglected juvenile" should immediately contact the Washington County Department of Human Services. Custody of the juvenile will then be transferred to the Washington County Department of Human Services. c. Any officer shall take possession of a child who is thirty days old or younger if the child is left with or voluntarily delivered to the Fayetteville Police Department by the child's parent(s) who does not express an intent to return for the child. The law enforcement officer shall take the child into protective custody for seventy-two hours under the Arkansas Child Maltreatment Act. The law enforcement officer shall immediately notify the Division of Children and Family Services of the Department of Human Services. 6. Investigation of Juvenile Offender- Interrogation [CALEA 44.2.31 a. Officers of the Fayetteville Police Department must understand that just like adults, juveniles must be afforded certain constitutional rights in respect to Miranda rights. When a juvenile is taken into custody for a delinquent act or criminal offense, a juvenile may invoke his or her right to speak to a parent or guardian in addition to standard Miranda: An officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile indicates in any manner that he or she does not wish to be questioned. b. During an interrogation, the juvenile's parent or guardian must be present in the building; the parent or guardian must be aware the juvenile waived his/her rights; the parent or guardian must have had the chance to speak with the juvenile about the waiver and the parent or guardian should sign the waiver before an investigator questions a juvenile in custody. Officers should ensure that both the juvenile and the parent or guardian understand the consequences 44. I. I Juvenile Operations Page 4 of 5 of the waiver or right to counsel. The juvenile and the parent or guardian must be informed of the alleged delinquent act. c. When questioning a juvenile in custody for a delinquent act or criminal offense, officers shalt provide the juvenile his or her rights using the Juvenile Waiver of Right to Counsel form and answer any questions that may ensure the juvenile understands his or her rights. Officers should refer to Arkansas Statute 9-27-317 that governs Questioning of a Juvenile. If the juvenile wishes to consult counsel before submitting to any questioning, an officer shall not question a juvenile unless counsel is provided and present. d. No waiver of the right to counsel shall be accepted in any case in which the parent, guardian, or custodian has filed a petition against the juvenile, initiated the filing of a petition against the juvenile, or requested the removal of the juvenile from the home. e. The duration of interrogation officers or detectives conduct will be reasonable in length. Officers and detectives must understand that the voluntariness of the juvenile's statement will be judged by the totality of the circumstances which may involve a review of several factors: Officers should take into consideration the age, intelligence, educational background, psychological state of the juvenile, mental capacity, including whether the defendant is nervous, physical condition and if en officer with training in youth matters is available or present. Officers should consider the juvenile's prior experience in the criminal system, whether the juvenile is suffering from any injury or pain at the time the statement is given, the time of day, any length of confinement, and whether the juvenile is tired and is desirous of steep. f. During the interrogation, the juvenile should not normally be handcuffed unless they are a danger to themselves or others. Juveniles should not be threatened with bodily harm or made promises of leniency for cooperation. g. During interrogation of the juvenile at the Fayetteville Police Department, officers shall not enter the interview room with their firearms but may retain possession of other less -lethal weapons. Firearms shall be locked in departmental provided lock boxes. During the interrogation, there shall be no more than one suspect and two investigators in the interview room. An exception to this rule is that suspects are afforded legal representation, or accompanied by a parent, guardian, or other representative. h. Officers/detectives conducting interrogations should ensure that the juvenile is afforded adequate access to restrooms, water, and breaks. i. Officers/detectives should ensure the juvenile is familiar with English prior to conducting the interrogation. If the juvenile is not familiar with English and speaks another language, officers/detectives should make arrangements for an interpreter or arrange for an officer to conduct the interrogation in the juvenile's language. j. Juveniles who are in the custody of the Department of Human Services, including the Division of Youth Services of the Department of Human Services, must be represented by their attorney ad litem before they can be questioned by police. 44.1 1 Juvenile Operations Page 5 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 84.1.1 Property Management; Acquired & In -Custody Effective Date: November 8, 2012 Reference: FPD 83.! Version: 1 CALEA: 84 No. Pages: 10 I. PURPOSE The purpose of this directive is to establish a property management system for property acquired by and in custody of the Fayetteville Police Department. II. DEFINITIONS A. Found Property is defined as all recovered items without a known owner, or recovered property where an owner has been identified, but has not been contacted. If found property is not claimed within a period of six months, it will be disposed of through a court order. S. Safekeeping is defined as all recovered property with a known owner, and the owner is aware the property is located at the Fayetteville Police Department. If safekeeping property is not claimed within a period of six months, it will be disposed of through a court order. C. Evidentiary Property is defined as all property seized in connection or related to a crime or investigation. III. POLICY The Fayetteville Police Department will establish and maintain a property management system that will ensure continuity and consistency in the control and accountability of all evidence, lost and found property, and seized property, as well as all items retained for safekeeping or investigations in its custody. This policy sets forth strict measures for the handling, security, and disposition of all such property in department custody. A. Accessibility to Secured Evidence Storage Facilities 1. Access to secured evidence storage facilities shall be limited to Property and Evidence Division personnel. 84.1,[ Property Management Page I of 10 a. The Chief of Police and Deputy Chief of Police have joint access to the secured evidence storage facilities. The Chief of Police shall have possession of the alarm code, and the Deputy Chief of Police shall have possession of the key/fob. Both the Chief of Police and the Deputy Chief of Police must be present to gain access to the secured facilities. b. Employees can gain access to the secured evidence storage facilities when accompanied by Property and Evidence Division personnel, and the employee must sign the Property Room Access Log. B. Control of Property 1. Control: The department Property and Evidence Division shall maintain exclusive control and accountability of all found, recovered, and seized property, items kept for safekeeping, and evidentiary property. a. In no event will employees store found, safekeeping or evidentiary property in their personal lockers or desk. b. All employees coming in possession of found, recovered, and or seized property, items for safekeeping, or evidentiary property shall record such property by completing a way -an-incident report, Property and Evidence Submission Form or receipt form before going off duty [CALEA 84.1.1 a, c]. In addition, if the property is not returned to the owner, all employees shall deliver the property to Property and Evidence Division personnel as defined within this policy before going off duty [CALEA 84.1.1 b]. When taking property other than contraband from a person, employees must complete a receipt. When collecting evidentiary property, employees are required to complete an incident report in all cases. (1) An exception to this policy is when evidence is being processed prior to submission to the evidence room. The evidence shall be documented by a Property and Evidence Submission Form and routed to the Property and Evidence Division. With supervisor approval, evidence can be processed for investigative purposes in the secured tab in the Criminal Investigation Division. c. The department recognizes exceptional circumstances may be present during which property might not be submitted to the Property and Evidence Division personnel before an employee goes off duty. In such circumstances, in order to preserve the proper chain of custody, the employee shall notify their supervisor, who will ensure another employee maintains the property in question until such time it can be presented to Property and Evidence personnel [CALEA 84.1.1 b]. d. Mailing evidence: On rare occasions, it becomes necessary for an employee to mail property and/or evidence directly to a forensic laboratory and/or to another source. When that occurs, the employee shall adhere to the following procedure: (1) A supervisor must authorize the direct mailing of property/evidence. (2) The employee shall complete a Property and Evidence Submission Form and submit it to Property and Evidence personnel. (3) The employee shall properly package and seal the property/evidence before taking the property/evidence to a postal facility (4) The employee shall mail the property/evidence by certified mail, with a return receipt requested. The employee shall complete a US Postal Service PS Form 84.1. I Property Murrigeaient Page 2 of I C 3811 (green Domestic Return Receipt card), and ensure the Article Number from the associated PS Form 3800(white and green Certified Mail Receipt) is recorded on the card. The employee shall write his/her name and badge/employee number, as well as the corresponding case number, on the card. (5) The employee shall complete the Certified Mail Receipt, and ensure the postal employee date stamps the receipt for the associated case file. (6) When the signed Domestic Return Receipt card is returned to the police department, the employee shall secure the card with the associated case file or evidence submission sheet. [CALEA 83.3.2] 2. Submission of Evidence: Fayetteville Police Department personnel, with regard to all evidence, lost and found property, seized property, and items retained for safekeeping or investigations will follow these guidelines [CALEA 84.1.1 d.]: a. Properly package each item; b. Items with blood and/or other bodily fluids shall be air dried to prevent cross contamination before being properly packaged; c. Similar items may be packaged together; d. Certain types of items require additional security measures while stored in evidence. For that reason, the following items shall be packaged separately [CALEA 84.1.1 e.]: (1) Narcotics/drugs; (2) Firearms; (3) Money; and (4) Jewelry. e. Narcotic and dangerous drug evidence (capsules, pills, etc.) shall be counted and weighed by the submitting employee. The substance will then be sealed in a tamper- proof protective packaging and initiated by the employee on the seal. All drug evidence handled by the Fourth Judicial District Drug Task Force shall have a Property and Evidence Submission Form completed prior to submission to the forensics laboratory. This form must be submitted to Property and Evidence Division personnel for entry into the record managementsystem. f. Money: Any time money is inventoried or seized, it should be counted in front of the person(s) from whom it is being taken, and the "two man" rule will shall apply. If this-ia not possible, the "two . In other words, a minimum of two employees will count the money and sign both the receipt and the tally sheet an4 n.a.m-i-s;,:o_ -form. The money shall be packaged separately from other evidence items. The amount and denomination of the currency shall be recorded on a tally sheet. The tally sheet shall be completed prior to removing it from the point of seizure unless there are articulable circumstances which make it practical to complete the tally sheet at another location. The tally sheet shall then be attached to a Property/Evidence Submission Form. g. Properly label/identify each item on a Fayetteville Police Department Property and Evidence Submission Form; h_ If submission occurs at a time when Property and Evidence Division personnel are not present, employees will secure the evidence in an evidence locker [CALEA 84.1.31: (1) Over -sized property shall be secured in the department's :large property/evidence lockers ' not present. 84. I.1 Property Management Page 3 of 10 (2) If submission of biological and deoxyribonucleic acid (DNA) related evidence requires refrigeration eeinira-a-a-thne when the Property and Eviduee-peffiennel are not p event, employees will secure the evidence in the refrigerated evidence locker [CALEA 84.1.31. In the event that Property and Evidence Division personnel are not present and all of the above listed secure "areas are in use, or items are too large for the secure areas, personnel are required to contact the on -call Property and Evidence Division employee. Personnel must wait for authorized Property and Evidence personnel to respond and secure the property. An exception to this is in arranging for another employee to take chain of custody by notification of a supervisor as previously stated in this policy, 3. Accountability: The utilization of property logs, property and evidence submission forms, inventories and other documents, shall ensure all records provide an up-to-date and correct accountability of found, recovered, items held for investigation, safekeeping and evidentiary property. The following information shall be either placed on a Fayetteville Police Department Property and Evidence Submission Form or recorded in the system by way of a receipt form or incident report for each item of evidence [CALEA 84.1.51: a. Location of property within the department; b. Date and time property was received and subsequently released; c. Description, type and amount of property on hand; d. Chain of custody from the time property was received until final disposition should shall be maintained by a Property and Evidence Submission Form, receipt form or incident report. There may be circumstances in which an item of property is not turned over to Property and Evidence Division personnel. These circumstances shall be documented in the incident report and the proper receipt form, for example: (1) Items returned immediately at the scene of collection; (2) Items sent to the forensics laboratory before it was entered as evidence (Property and Evidence Submission Form required); and (3) Items going to the Criminal Investigation Division and returned to owner. e. The date and results of all inspections, inventories, and audits of record. 4. Property and Evidence Manager for Found, Recovered and Evidentiary Property: The Property and Evidence manager shall be designated as property custodian and held accountable for all property accepted by and stored in the department's property storage areas. 5. Receipt of Package Deliveries: Property and Evidence Division personnel are responsible for receiving all deliveries from forensic laboratories. An entry sheer shall be made in the evidence tracking system indicating the receipt of the number of received unwed packages. 6. Right of Refusal: Property and Evidence Division personnel will have the right to refuse acceptance of any item submitted improperly. Property and Evidence Division personnel will notify the appropriate supervisor and make arrangements for the submitting officer to make necessary corrections. 84. L. I Property Management Page 4 of 10 C. Appointment of New Evidence Manager - In the event a new Property and Evidence manager is appointed, a joint inventory with the new manager, a designee of the Chief of Police and the outgoing property manager, when possible and appropriate, shall be held to ensure proper documentation and accountability [CALEA 84.1.6 b]. I. The purpose of such an inventory shall be to guarantee the continuity of custody and ensure the system's integrity and property accountability. 2. The incoming Property and Evidence manager shall ensure all records are up-to-date and properly annotated. 3. All discrepancies shall be documented prior to the transfer of property accountability to the incoming Property and Evidence manager. D. Inspection and Inventory — 1. The Chief of Police shall require the Property and Evidence manager to conduct a semi- annual inspection of recovered and evidentiary property to ensure adherence to procedure [CALEA 84.1.6 a]. This inspection shall verify the following: a. Department orders and directives concerning property management are being followed; b. Property is stored in such a manner as to protect it from damage and deterioration; c. Proper accountability procedures are being maintained; and d. Property having no further evidentiary value is being disposed of promptly. 2. The Chief of Police shall require an annual inventory of property and evidence held by the police department. This inventory will be conducted by the Chief of Police, or a designee not routinely or directly connected with control of the Property and Evidence Division [CALEA 84.1.6 c]. This inventory may be conducted with the assistance of the Property and Evidence Division personnel. 3. Unannounced inspections of the property storage areas are conducted when the Chief of Police so directs, at least once a year [CALEA 84.1.6 d]: a. The Chief of Police shall appoint an individual and a time period to conduct spot inspections. b. Property accountability and security procedures shall receive primary attention during spot inspections. c_ The majority of the spot inspection shall consist of a random comparison of records with actual property items. 4. The Property and Evidence manager shall conduct an inventory count -whenever a change in Property and Evidence Division personnel occurs. E. Disposition of Found, Recovered, Seized, Safekeeping and Evidentiary Property [CALEA 84.1.1 gi 84.1.E Property Managnnicnt Page 5 or 10 A. Employees should attempt to identify the owners of found property and attempts shall be made to return found and recovered stolen property to its rightful owncr(s) (CALEA 84.1.1 f]. Attempts to contact the owners of found and safekeeping property prior to destruction will be documented by Property/Evidence Division personnel. B. Evidentiary property may be returned to the owner prior to the court case with written permission from the prosecutor, lead investigator, or judge. C- Recovered or evidentiary property returned should be photographed when possible. This photograph should include the person receiving the item, or the item with a valid driver's license or government issued identification of the person receiving the item. D. If the property in question is cannot be returned to the owner, the Property and Evidence manager will obtain a court order to have property converted to departmental use, sold at auction or destroyed. E. The disposition of all property acquired through civil action or asset forfeiture shall be managed pursuant to legal authority (CALEA 84.1.8]. F. Evidentiary property may be checked out to employees for court purposes. A record of chain of custody will be maintained by the Property and evidence manager. Employees are required to maintain the proper chain of custody with the evidence, return it to the Property and Evidence Division after court, and provide the Property and Evidence manager with written correspondence to account for any items taken by the court as exhibits [CALEA 84.1.1 g.]. G. Evidentiary property may be checked out to employees for purposes of examination. A record of chain of custody will be maintained by the Property and Evidence manager. Employees are required to maintain the proper chain of custody with the evidence and return it to the Property and Evidence Division after examination. Employees may temporarily lock property in approved lockers/cabinets within the secured tab in the Criminal Investigation Division, but must maintain sole control of the respective key (CALEA 84.1.1 g]. H. Property / Evidence Disposition Forms a. Employees will receive a Property / Evidence Disposition Form on items seized for evidentiary purposes, but will not receive the document for found and safekeeping property. b. Employees are required to research and complete Property / Evidence Disposition Form(s). The document(s) should be returned to Property / Evidence personnel within twenty-one (21) days_ c. Employees will utilize the Washington County Circuit Clerk and Probate Court's website to check the disposition of the case if the item is seized in connection with a case assigned to the Washington County Circuit Courts. t4.I.1 Property Management Page 6 of [ 0 d. Employees will utilize Virtual Justice software to gain access to the Fayetteville District Court's computer system to check the disposition of the case if the item is seized in connection with a case assigned to the Fayetteville District Court. 1. Evidence Not To Be Destroyed; a. Felony evidence listed below shall not be disposed of: (1) Homicide (solved or unsolved), unless there is an order from the court that is signed by the judge authorizing the disposal of evidence; (2) When a suspect is incarcerated and an appeal is possible;. (3) When there is no suspect, and the statute of limitations has not yet run; (4) When the evidence is part of a suspected serial crime; or (5) When directed to retain the evidence by a department supervisor, prosecutor, or court order. b. Misdemeanor evidence listed below shall not be disposed of: (1) Property that has not yet been held past the 30 -day appeal period after the final disposition has been entered; or (2) The statute of limitations has not yet run. J. Training Aids (CALEA 84.1.4 - Narcotic detection training for police canines is vital to ensure the success of the canine program. The following procedures will be adhered to in order to ensure strict and correct accountability of narcotic training aids. a. Each canine handier or trainer will check out narcotic training aids from the Property and Evidence Division as needed. The Property and Evidence manager will maintain records of these transactions as detailed below: b. Training aids shall be packaged and prepared by Property and Evidence personnel in the following manner: (1) The substance will be weighed and contained in a double heat -sealed plastic package; (2) The package will contain a clearly visible label identifying the substance, its weight, the date and time of packaging and the signature of the Property and Evidence manager and witness; and (3) The label will have a specific training aid number unique to each training aid package, d. Property and Evidence Division personnel will issue narcotics for use as canine training aids. . (1) Property and Evidence Division personnel will use seized narcotics that have been adjudicated by the court and will obtain a court order for the conversion of the seized narcotics for the department use as a canine training aid; or (2) The narcotics will be obtained, through the Drug Enforcement Administration. 84.1.1 Property Management Page 7 of I17 e. The narcotic training aids should be removed from use in training at lea;- st every year and replaced as needed. with reeoatly adjudicated narcotic items if possible; F. A logbook will be created by the Property and Evidence manager and will be utilized to maintain a record of the training aid packages: i. It shall be the canine handler or trainer's responsibility to provide narcotics training aids for inspection to Property and Evidence personnel at least once every 30 days. Each package will be detailed in the logbook indicating the substance, training aid number and handler to whom the item is checked out. ii. Each package logged out the canine handler or trainer will be checked against the logbook entry and for any apparent tampering or damage. iii. Property and Evidence personnel will sign and note the date and time of the inspection for each entry in the logbook. iv. Property and Evidence personnel will fully inspect the training aid packages to ensure their integrity. If any questions arise in reference to this inspection, the training aids will be logged into evidence and the canine supervisor will be notified. v. If Property and Evidence personnel suspect the training aids to have been tampered with or if they are missing, the patrol captain will be notified immediately and will cause a complaint to be filed with the Office of Professional Standards. vi. if the packaging appears to have minor damage but the integrity is intact, Property and Evidence personnel will repackage the training aid and notify the patrol captain. K. Issuance of Controlled Substances for Investigative Purposes (CALEA 84.1.4] - There exists occasions where the Fayetteville Police Department Property and Evidence Division is called upon to issue controlled substances to officers for investigative purposes. The following procedures will be adhered to in order to ensure strict and correct accountability. a. Prior to the request of issuance of controlled substances, the requesting parties are to have reviewed and processed adjudicated cases in order to locate suitable controlled substances: i. A court order shall be obtained authorizing the conversion for investigative purposes, ii. The court order must be presented to Evidence personnel. b. Evidence personnel will abide by the following upon issuance of controlled substances; i. Evidence personnel must review and accept the governing court.order. ii. Evidence personnel will release controlled substances to requesting officers by way of a C7^FOrmreceipt and must detail types of substances, number of packages, and their weights and/or quantity and specific pill count. 54.1. l Property Management Page 4 of 1(1 iii, Evidence personnel will oversee and govern any required repackaging of the original evidence. iv. Evidence personnel must complete a chain of possession in the department's computer operating system under the original entry and make notation in documents detailing the information on the receipt CID Parma. v. Evidence personnel will place a copy of the respective court order and receipt CID Form -7 with the original submission form. c. Evidence personnel will abide by the following upon return of controlled substances when investigative purposes are completed: i. Evidence personnel will inspect the return controlled substances by sight, weight, and count and conduct a comparison to issuance records. ii. Evidence personnel will report any discrepancies involving issuance and returned items to their supervising captain. iii. Evidence personnel will make notation of returned items under the original entry documenting case information. iv. Evidence personnel will enter controlled substances into corresponding new case numbers created by the investigations for future tracking purposes. L. Storage of Property, Found, Recovered, Seized, Safekeeping, Investigations and Evidentiary Property [CALEA 84.1.1 e.] a. Storage: All property stored by the department shall be hold in designated secure areas [CALEA 84.1.2]. [toms of in -custody property that, by their very nature, require extra security shall he stored in separate and locked locations within the evidence room, i.e. narcotic and dangerous drugs, firearms, money and distinguishably expensive jewelry [CALEA 84.1.1 e.]. b. Currency for Deposit: The Property and Evidence manager or designee has the authority to deposit currency. The original package of currency must be opened and the amount verified with a tally sheet initialed by two members of Property and Evidence. A member of Property and Evidence shall take the tally sheet and currency to the City of Fayetteville Business Office for deposit and receipt. The receipt and ledger must be maintained by Property and Evidence personnel [CALEA 841.1 e.]. c. Access- Access to all recovered and evidentiary property storage areas will be strictly limited to authorized personnel to prevent the alteration, unauthorized removal, theft, or other compromise of property stored by the department [CALEA 84.1.2]. d. Perishable Items: All perishable items of evidence, such as blood or urine specimens, shall be stored in a secure refrigerator in the evidence room whenever possible so their properties will be as unchanged as possible before they are examined in a laboratory or presented in court. ui.1 .1 Property iManagwFnunt Page 9 ut' 10 e. Vehicles or Other Large Items: All vehicles or other large items seized as evidence in drug investigations or other felony crimes ohould shalt have a Property and Evidence Submission Form completed and turned in to Property and Evidence personnel. Property and Evidence personnel will arrange to have the vehicle or other large items secured in the department authorized off -site facility. 1 The lieutenant in the Criminal Investigation Division is required to conduct an audit of all untested sexual assault collection kits and any associated evidence stored at the police department. The lieutenant shall report the information to the Arkansas State Crime Laboratory before December 31 of each year. 84i.1 Pop etty Management Page to of 10