HomeMy WebLinkAbout188-15 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 188-15
File Number: 2015-0467
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES ON
DISCIPLINARY AND AWARD PROCEDURES AND PROFESSIONAL STANDARDS AND TO
ELIMINATE FAYETTEVILLE POLICIES NO LONGER NEEDED ON JAILER DUTY; JAIL
EMERGENCY PLAN, PRISONER CARE AND SUICIDE IDENTIFICATION
HE 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 26.1.I, Disciplinary Matters and Award Procedures; and 52.1.1, Office of Professional
Standards; and eliminates Fayetteville Police Policies 72.1.1, Jailer Duty; 72,3.1, Jail Emergency Plan; 72.5.5,
Suicide Identification Guidelines; and 72.6.1, Medical and Dental Care for Prisoners.
PASSED and APPROVED on 10/20/2015
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page I Printed on 10113113
;. City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0467
Agenda Date: 10/20/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES ON
DISCIPLINARY AND AWARD PROCEDURES AND PROFESSIONAL STANDARDS AND TO
ELIMINATE FAYETTEVILLE POLICIES NO LONGER NEEDED ON JAILER DUTY; JAIL
EMERGENCY PLAN, PRISONER CARE AND SUICIDE IDENTIFICATION
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 26,1.1, Disciplinary Matters and Award Procedures; and 52.1.1, Office of
Professional Standards; and eliminates Fayetteville Police Policies 72.1.1, Jailer Duty; 72.3,1, Jail
Emergency Plan; 72.5.5, Suicide Identification Guidelines; and 72.6.1, Medical and Dental Care for
Prisoners.
City of Fayetteville, Arkansas Page 1 Printed on 1012312015
City of Fayetteville Staff Review Form
2015-0467
tegistar File 10
10/20/2015
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Greg Tabor 10/2/2015 Police /
Police Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Council approves a resolution adopting Fayetteville Police Policies 26.1.1, Disciplinary Matters & Award Procedures;
and 52.1,1, Office of Professional Standards; and eliminating Fayetteville Police Policies 72.1.1, Jailer Duty; 72.3.1,
Jail Emergency Plan; 72.5.5, Suicide Identification Guidlines; and 72.6.1, Medical and Dental Care for Prisioners
Account Number
Project Number
Budgeted Item? NA
Does Item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
$
Remaining Budget $ -- ---- J
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Dater
CITY OF
CITY COUNCIL AGENDA MEMO
izyftu"le
AS
MEETING OF OCTOBER 20, 2015
TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
DATE: October 1, 2015
SUBJECT: Police Department Policy
RECOMMENDATION:
Council approves a resolution adopting Fayetteville Police Policies 26.1.1, Disciplinary Matters
& Award Procedures; and 52.1.1, Office of Professional Standards; and eliminating Fayetteville
Police Policies 72.1.1, Jailer Duty; 72.3.1, Jail Emergency Plan; 72.5.5, Suicide Identification
Guidelines; and 72.6.1, Medical and Dental Care for Prisoners.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing policies and updating
as necessary to conform to current practices, to comply with CALEA accreditation standards,
and to make our policies less ambiguous for our employees. Policy 26.1.1, Disciplinary Matters
& Award Procedures, is an existing policy that was approved by the council on November 3,
2009. Policy 52.1.1, Office of Professional Standards, is an existing policy that was approved
by the council on April 5, 2011. Policy 72.1.1, Jailer Duty, is an existing policy that was
approved by the council on January 6, 1999. Policy 72.3.1, Jail Emergency Plan, is an existing
policy that was approved by the council on January 6, 1999. Policy 72.5.5, Suicide Identification
Guidelines, is•an existing policy that was approved by the council on January 6, 1999. Policy
72.6.1, Medical and Dental Care for Prisoners, is an existing policy that was approved by the
council on January 6, 1999.
DISCUSSION:
Policies 26.1.1, Disciplinary Matters & Award Procedures, and 52.1.1, Office of Professional
Standards, are existing policies that contain changes to comply with suggestions from the
CALEA mock assessment. Other changes were made to provide clarity to employees in our
award procedures, internal investigations and discipline. Policies 72.1.1, Jailer Duty; 72.3.1, Jail
Emergency; 72.5.5, Suicide Identification Guidelines; and 72.6.1, Medical and Dental Care for
Prisoners, are old jail policies that no longer apply to the operations of the Fayetteville Police
Department. All changes are highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff.
Attachments:
Fayetteville Police Policy 26.1.1, Disciplinary Matters & Award Procedures
Fayetteville Police Policy 52.1.1, Office of Professional Standards
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Fayetteville Police Policy 72.1.1, Jailer Duty
Fayetteville Police Policy 72.3.1, Jail Emergency Plan
Fayetteville Police Policy 72.5.5, Suicide Identification Guidelines
Fayetteville Police Policy 72.6.1, Medical and Dental Care for Prisoners
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 26.1.1 Disciplinary Matters & Award Procedures
Effective Date:
November 3, 2009
Reference: 52.1.1, 1.3.1, 41.1.1, 26.1.2
Version: 1
CALEA: 26
No. Pages: 9
I. PURPOSE
Effective discipline is a positive process when its perceived purpose is to train or develop by
instruction. Among the programs having an impact on discipline in a law enforcement agency
are selection, training, direction, supervision, and accountability. These elements are inter-
dependent, and a weakness in any one is damaging to effective discipline. Many standards
bearing on a disciplinary system are included in other chapters relating to selection, training, and
direction. Therefore, the purpose of this directive is to focus on the accountability component of
a disciplinary system.
II. DISCUSSION
It shall be the policy of the Fayetteville Police Department to follow and abide by the
disciplinary policies and procedures in effect and addressed in the rules and regulations of the
Civil Service Commission of the City of Fayetteville. An employee whose work becomes
unsatisfactory should immediately be notified by his/her supervisor in what way the work is
deficient and what must be done if work performance is to be judged satisfactory [Calea 26.1.5].
An employee who is suspended or dismissed for unsatisfactory performance of duties should
normally have received three warnings:
Supervisor Counseling - an oral warning from the employee's supervisor. The
supervisor must record the dates of the discussions with the employee, the performance
deficiencies discussed and the corrective actions required. [Calea 26.1.5] The supervisor
should maintain this record for the duration of the employee's performance evaluation
period [Calea 26.1.8].
Written Record of an Oral Reprimand Written Record of an Oral Warning- an oral
warning with a follow-up letter to the employee that sets forth the points covered in their
discussion. The Chief of Police shall have authorized a written record of an oral
reprimand written record of an oral warning. The supervisor shall keep a record of a
written record of an oral warning. The supervisor
should maintain this record for the duration of the employee's performance evaluation
period [Calea 26.1.8].
Written Reprimand - a written warning from the Department Chief serving notice upon
the employee that noted deficiencies must be corrected immediately in order to avoid
disciplinary action up to and including dismissal. A written reprimand shall be placed in
the employee's personnel file [Calea 26.1.8].
26.1.1 Disciplinary Matters & Award Procedures Page 1 of 9
An employee who is suspended without pay or dismissed for unsatisfactory performance of
duties or violations of policy shall receive a letter from the Department Chief outlining the noted
performance deficiencies or policy violations, effective date of suspension or dismissal and
statement of the status of the employee'sA copy of
this letter shall be placed in the employee's personnel record. [C A r E A 26.1 7]
A sworn employee so discharged, reduced in rank, or suspended for twenty-four hours three days
or more shall have the right, within ten calendar days from the date of such written notice, to
request a trial through the Civil Service Commission. Reference should be made to the Civil
Service Rules and Regulations [Calea 26.1.6].
Any sworn employee can request a grievance hearing to review a suspension of less than twenty-
four hours by submitting a written explanation to the Civil Service Commission within ten days
of receiving such disciplinary action stating why such discipline was unwarranted or otherwise
improper. Reference should be made to the Civil Service Rules and Regulations.
The Administrative Captain should maintain the departmental employee administrative file. It
should contain any letters of commendation or appreciation, administrative letters and replies,
results of any sustained punitive disciplinary action, as well as other pertinent information.
Information in this file will be maintained indefinitely. All official personnel files are
maintained by the City of Fayetteville's Human Resources Division [Calea 26.1.8].
It is suggested immediate supervisors maintain an employee performance/counseling file for
each person under their supervision. This file might contain oral roprimands warnings during the
current evaluation period, letters of job related counseling sessions, copies of correspondence
between the employee and supervisor, complementary correspondence, and other similar
information regarding the performance of the employee. It is suggested this material be kept in a
secured location by the immediate supervisor. This information should be purged after one year
and after being noted on the employee's performance evaluation [Calea 26.1.8].
Nothing in this policy shall prohibit the Chief of Police from exercising all authority granted
under Civil Service Commission Rules and the Arkansas Code.
A. Compliance With Department Directives
Supervisors are expected to set a proper example to their subordinates in the matter of due
respect and regard for the policies, procedures, and rules in all matters pertaining to proper
discipline.
1. The primary function of a supervisor is to maintain the day-to-day activities of police
operations. Compliance with department directives is an integral part of those operations.
Supervisors are authorized to take action when department directives are not being followed
[Calea 26.1.5].
(a) A supervisor may elect to coach counsel an employee whose performance has been
found to be deficient.
(b) A supervisor may refer an officer employee to the Training Division or designated
supervisor to correct deficient performance.
(c) A supervisor may document deficient performance and refer it to the Chief of Police
in the form of an official complaint.
26.1.1 Disciplinary Matters & Award Procedures Page 2 of 9
(d) In cases of a major infraction of policy or department directive, a supervisor may
relieve an employee of duties, with pay, and refer the matter to the Chief of Police,
2. In case of alleged unjust treatment in violation of these policies, procedures, and rules, any
officer employee may make a complaint prefer charges against a superior to the proper
authorities. When any member employee suspects a violation of these policies, procedures, and
rules has occurred, they are to notify the Chief of Police for investigation, and may request
results of the findings. Reporting a suspected violation confidentially is not a violation of the
policies, procedures, and rules.
3. The following acts, infractions, or violations of the policies, procedures, and rules shall be
deemed sufficient cause for separation from the department:
(a) Willful disobedience of lawful orders.
(b) Disrespect or insolence toward a superior officer or supervisor.
(c) Being under the influence at any level of intoxicants, or illegal drugs, including abuse
of prescription drugs while on duty.
(d) Absence without leave -Absence without leave is defined as any time a department
member is scheduled for work and fails to report for duty without first notifying a
supervisor prior to the start of the scheduled shift.
(e) Incompetence.
(f) Driving any machine or apparatus of the department carelessly or maliciously, in such
a manner as to collide with, cause personal injury, damage a vehicle or other
property, or any other wanton or malicious conduct, which causes injury or damage to
a citizen or property.
(g) Neglect or refusal to pay just debts.
(h) Agitating or creating dissension in the department or attempting in any manner to
cause ill feeling against any member of the department.
(i) Making any false or unwarranted report, either publicly or otherwise, about a member
of this department.
(j) Dishonesty at any time when representing this department.
(k) Lack of Candor when questioned by a department supervisor or during any Office of
Professional Standards investigation, under direc—uestiening, either by &H!Y
department supervisoranystigat of the Office of Professional Stondard .
4. It shall be the policy of the Fayetteville Police Department that all personnel maintain
sufficient competency to properly perform their duties and assume the responsibility of their
positions. Personnel shall perform their duties in a manner, which will maintain the highest
standards of efficiency in carrying out the functions and objectives of the department.
Unsatisfactory performance may be demonstrated by:
(a) A lack of knowledge of the application of laws and ordinances required to be
enforced.
(b) An unwillingness or inability to perform assigned tasks.
(c) The failure to take appropriate action on the occasion of a crime, disorder, or other
condition deserving police attention.
(d) Absence without leave.
(e) Written record of repeated infractions of policies, procedures, rules, directives, or
general orders of the department.
26.1.1 Disciplinary Matters & Award Procedures Page 3 of 9
B. Unbecoming Conduct
Employees shall be held responsible at all times for conduct unbecoming an officer and/or a
police department employee, which tends to lower the law enforcement service in the estimation
of the public. Employees should be governed by ordinary rules of good behavior observed by
law abiding and self-respecting citizens.
1. Any idle, indiscreet, disrespectful or discriminatory remark(s) or rudeness to citizens or any
greeting(s), conversation(s), or remark(s) tending to show undue familiarity with members of the
opposite sex while on duty shall subject a member to disciplinary action (See Harassment and
Discrimination Policy 26.1.2).
2. A€lsers Employees are cautioned that the use of obscene, immoral, profane or disrespectful
language, agitating and tending to create dissension in the department or attempts to cause undue
or unfavorable reflection(s) upon any member of the department, will not be tolerated. Officers
Employees shall not engage in altercations between themselves under any circumstances.
3. All officers employees when reporting for duty shall be completely attired in the regulation
uniform or dress attire as prescribed by the Chief of Police (Refer to 41.3.5 41r-1.1 for Grooming
Requirements). Failure to do so may subject the member to disciplinary action reprimand or
C. Use of Alcohol & Drugs
1. No employee shall possess or consume alcoholic beverages while on duty or at the police
department. Possession is authorized when directly related to a case or as an evidence
item. time,
wine, beer, liquor or any other intoxicating drinks in or around the police station,
except
as directly related to a case or as evidence item(s). Officers shall not at any time vhile on
duty be under -the influeiice any wine,beer,liquor, ortthor intoxiGanta of any kind,
or
under sickness caused -or produced by the use of such intexieants. Any officer absenting
themselves-om-soheduIod duty-ooause of intoxicating drink, or reporting to duty under
flu condition due to intoxicant" r drugs will be subject e
its �nrrcieii�� - eAi-acri
reprimand, suspension or di9chergc.
2. Employees are prohibited from reporting to work with a blood alcohol content (BAC)
level higher than .000.
Employees are prohibited from using or possessing illegal drugs. Possession is
authorized when directly related to a case or as an evidence item.
4. No employee shall be absent or sick from scheduled duty due to the use of alcoholic
beverages, illegal drugs, or abuse of prescription drugs.
Failure to submit to a supervisor ordered blood or alcohol test shall result in a
disciplinary action up to and including termination.
2. When deemed operationally necessary, officers in undercover assignments may consume
26.1.1 Disciplinary Matters & Award Procedures Page 4 of 9
alcoholic beverages and/or simulate the use of drugs. In doing so, officers shall submit a memo
to their supervisor documenting the consumption of alcohol or simulation of the use of drugs.
D. Abuse of Authority
1. No officer (except when assigned desk duties inside the police facility) shall receive or collect
any fine or fines for parking tickets, other traffic violations, or any other offenses whatsoever.
Members shall courteously advise citizens that all fines are payable at the Fayetteville Police
Department or on-line.
2. No officer employee shall directly or indirectly, except by permission of the Chief of Police,
sell tickets, solicit any money, circulate any petitions, subscriptions, or allow the use of the
department's name for any fair, exhibition, benefit, or similar project. In deciding whether to
grant such permission, the Chief of Police shall not discriminate against any officer of the
department. Such permission may be granted if the activity will not adversely affect the
administration or management of the department, or decrease the trust or confidence of the
public.
3. No officer employee shall take, solicit, retain, receive, or extort any fee, property, reward, gift,
compensation, or thing of value or free service in any form from any person, firm, or corporation
for any services rendered in the conduct or performance of the duties as a police officer.
4. It shall be the policy of the Fayetteville Police Department that its eieers employee shall not
recommend or suggest in any manner, except in the transaction of personal business, the
employment or procurement of a particular product, professional service, or commercial service
(such as an attorney, towing firm, bail bondsman, mortician, etc.).
F. Use of Force
Refer to Chapter 1.3.1.
G. Proper Care & Maintenance of Equipment
1. Ofileers Employees positively shall not loan any department equipment or tools, except on
permission of the Chief of Police or other supervisor.
2. The reporting procedures for damaged, lost or stolen department issued equipment.
a. Each employee is responsible for maintaining and keeping track of his or her
department issued equipment.
b. Damaged, lost or stolen equipment shall be reported to the employee's immediate
supervisor in a memorandum. The document shall be forwarded through the
employee's chain of command to the Chief of Police.
c. The Administrative Lieutenant will track damaged, lost, or stolen department issued
equipment.
d. A case report may be required if the lost or stolen item is law enforcement sensitive
or could create a security risk.
Offieels—ace-reqwred-te-eafe for -equipment in their possessien. Any dopamontal equipment
damaged due to either carelessness-er an-ifitentienal-aet on the part of the omnployce may result in
discip1inary action.
26.1.1 Disciplinary Matters & Award Procedures Page 5 of 9
H. Employee Awards/Commendations [Calea 261.2]
1. It shall be the policy of this department to recognize heroic actions, meritorious service and
significant achievements under the provisions of this policy. Facilitation of awards will be
made through an Awards Committee. The Awards Committee will be comprised of
departmental Captains, as permanent members, and departmental employees as appointed by
the Chief of Police. Members of the Awrs Committee will serve a peried of two years,
Nominations to the Awards Committee will be received by way of the departmental award
application form. The Awards Committee will review all applications and make
recommendations to the Chief of Police who has final authority on awards. Awards will be
presented at a time designated by the Chief of Police.
2. Classification of Awards
A. Chiefs Award of Valor: Nominated by the Chief of Police, awarded for an act of
extraordinary bravery or heroism by an employee who has demonstrated in great
degree the characteristics of selflessness, personal courage and devotion to duty.
B. Exceptional Duty Award: Nominated by departmental supervisors, awarded for
exceptional performance, which, in the opinion of the supervisor, is deserving of
recognition.
C. Life Saving Award: Nominated by any employee of the department, awarded for
a successful effort in saving a human life which involved exceptional courage or
performance.
D. Unit Meritorious Performance Award: Nominated by any employee, awarded to
any individual or unit (sworn or civilian) who has exhibited exceptional
professional skill and conduct during a coordinated action.
E. Fayetteville Police Department Commendation: Nominated by any employee,
awarded to any employee for an outstanding act or achievement, which brings
great credit to the department and involves performance above and beyond that
required by the individual's basic assignment.
F. Community Service Award: Nominated by any employee, awarded to any
employee for involvement both on and off duty in youth activities, work with
non-profit organizations, working with the police department on special projects
or other activities for the public good.
G. Outstanding Citizen Award: Nominated by any employee, awarded to a
citizen/member of the community who helps the department in apprehension of
criminals or any other significant manner.
H. Police Blue Star Award: Nominated by the Awards Committee, awarded to any
sworn employee who has been seriously, critically or fatally injured while in the
performance of police duty. This award should be limited to those incidents
resulting from attack by an assailant, personal combat or the performance of an
act of valor.
I. Police Blue Shield Award: Nominated by the Awards Committee, awarded to
any sworn employee who, as a result of accidental cause, has been seriously,
critically or fatally injured while in the performance of police duty. This award
should be limited to those cases resulting from an accident.
J. Letters of Commendation: A letter of commendation may be written by the Chief
of Police to any employee for job performance that might not meet the criteria for
26.1.1 Disciplinary Matters & Award Procedures Page 6 of 9
the above listed awards, but merits recognition nonetheless. Any person may
recommend an employee of this department receive a letter of commendation by
submitting a memorandum to the Chief of Police. A letter of commendation may
be given:
1) To commend an employee for completing a job task in an
exemplary manner.
2) To commend an employee for submitting a recommendation which
directly contributes to increased department productivity or
efficiency.
3) For any other reason deemed appropriate by the Chief of Police.
K. Certificate of Recognition: Nominated by departmental supervisors, this award is
presented to one officer on each Patrol Shift, recognizing the highest level of
over-all performance on his/her given shift. These officers have excelled above
the normal course of daily duties.
L. Dispatcher Distinguished Service Award: Nominated by departmental
supervisors, this award is presented to any dispatcher for exceptional
performance, which, in the opinion of the supervisor, is deserving of recognition.
M. Special Commendation: Nominated by any employee, an award presented to any
sworn or civilian member who through his or her efforts has made a significant
impact on public safety or crime prevention.
N. Police Officer of the Year Pa r l Office : Nominated by any employee, this
officer must have shown him or herself to have exceeded the duty requirements of
his/her position, exemplified the values of professionalism and dedication,
demonstrated a distinct pattern of community service, and proven his/her personal
dedication to serve and protect the community. This award is presented to any
Police Officer who has performed outstanding service as a police officer, over and
above what is required as part of that officer's normal duties and functions.
1) Criteria for this award
a. To what extent has the officer positively influenced the
public's perception or confidence in the Police
Department?
b. To What extent has the officer been involved in acts of
compassion, humanity or support for individuals?
c. To what extent has the officer demonstrated exceptional
devotion to a particular police activity or duty.
d. To what extent has the officer demonstrated excellence in a
particular policing role or task?
O. Police Officer of the Year (Specialized Division : Nominated by any employee,
this officer must have shown him or herself to have exceeded the duty
requirements of his/her position, exemplified the values of professionalism and
dedication, demonstrated a distinct pattern of community service, and proven
his/her personal dedication to serve and protect the community. This award is
presented to any Police Officer who has performed outstanding service as a police
officer, over and above what is required as part of that officer's normal duties and
functions.
1) Criteria for this award
a. To what extent has the officer positively influenced the
public's perception or confidence in the Police
Department?
26.1.1 Disciplinary Matters & Award Procedures Page 7 of 9
b, To what extent has the officer been involved in acts of
compassion, humanity or support for individuals?
c. To what extent has the officer demonstrated exceptional
devotion to a particular police activity or duty.
d. To what extent has the officer demonstrated excellence in a
particular policing role or task?
P. Civilian Employee of the Year: Nominated by any employee, this award is
presented to any civilian employee for recognizing performance for extra duties
beyond those normally assigned.
1) Criteria for this award
a. Performing other roles when the department is short-
staffed; developing new work methods that reduce waste or
stretch resources;
b. Making creative suggestions that save the department
time/money; provides services to others that are beyond the
assigned responsibilities;
c. Documented consistently, outstanding job performance and
completing duties in an outstanding manner, setting an
example of achievement for others to follow;
d. Demonstrated leadership in performing duties that resulted
in improved productivity of the unit, including customer
focus, promoting teamwork, and commitment to achieving
excellence;
e. Demonstrates significant contributions to the community or
charitable volunteer organizations; exemplifies the
Fayetteville Police Department values of, "Honor, Respect,
Professionalism, and Integrity".
Q. Dispatcher of the Year: Nominated by any employee, this dispatcher has shown
to have exceeded requirements of the position, exemplified the values of
professionalism and dedication, and demonstrated excellent customer service to
the community. This award is presented to any Dispatcher who has performed
outstanding service, over and above what is required as part of the dispatchers'
normal duties and functions.
I) Criteria for this award
a. To what extent has the dispatcher positively influenced the
public's perception or confidence in the Police Department.
b. This dispatcher has demonstrated the knowledge to get the
job done, and the drive to produce the best work possible.
This recipient is recognized for consistently going the extra
mile in serving the public, officers and other co-workers.
c. This dispatcher demonstrates resourcefulness and
enthusiasm in accomplishing the work necessary to
perform this job. The recipient has shown excellence in
their quality of service, and work ethic.
d. This dispatcher shows a remarkable ability to deal with
challenging situations and critical incidents.
26.1.1 Disciplinary Matters & Award Procedures Page 8 of 9
e. This dispatcher has demonstrated leadership in
performance of duties and promotes teamwork and
commitment to excellence.
26. I. I Disciplinary Matters & Award Procedures Page 9 of 9
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 52.1.1 Office of Professional Standards (OPS)
Effective Date:
April 5, 2011
Reference:
Version: 1
CALEA: Chapter 52
No. Pages: 7
I. PURPOSE
The purpose of this policy is to create and maintain an environment conducive to efficient
reception and resolution of complaints against police department personnel or general procedures
used by the department and to establish written procedures for the administration and operation
of internal investigations.
Such procedures will promote positive discipline and provide for the prompt and thorough
investigation of alleged or suspected misconduct of department personnel.
II. DISCUSSION
A police department is often evaluated and judged by the conduct of individual members. While
the public has a right to expect efficient, fair, and impartial law enforcement, employees must be
protected against false allegations of misconduct.
The Office of Professional Standards will be charged with the responsibility of following
department operational procedures in processing, investigating, and recording complaints against
the department or its employees [CALEA 52.1.1].
III. ORGANIZATION
The Office of Professional Standards will serve to assist all personnel in regard to investigations
of alleged misconduct of sworn or civilian employees.
The Chief will select all personnel of the Office of Professional Standards and designate a head
of OPS. The designated head of OPS has the authority to report directly to the Chief. The
designated head of OPS will maintain a record of all complaints against the department or
employees in a secure area. OPS assigned personnel will be provided training at the discretion of
the head of OPS and Chief of Police. [CALEA 52.1.3]
OPS assigned personnel will report directly to the Chief of Police or a designated supervisor on
OPS matters and will pursue their responsibilities under the direction of the Chief of Police.
If investigations discover personnel who are engaging in serious acts of misconduct, or who have
demonstrated they are unfit for 1 w -enforoinent duty, information pertaining to the investigation
will be reported directly to the Chief of Police by the head of the OPS.
52.1.1 Office of Professional Standards page 1 of 7
IV. POLICIES
A. Officers selected for assignment to OPS
performance a high degree of investigative skills.
clean of serious complaints. The officer should
policies and procedures related to internal affairs.
B. Receipt of Complaints
must have demonstrated in their previous
The officer should have a personnel record
be familiar with state codes, and department
1. Nothing in this policy shall prohibit any citizen from exercising any additional rights or
procedures outlined in Fayetteville Civil Service Commission Rules 5:09 and 5:10.
a. All complaints against the employees or department are to be initially directed to any
supervisor on duty [CALEA 52.1.11.
b. All complaints against the department and its employees will be investigated to include
anonymous complaints.
c. €xceptioms — Complaints will not be assigned to an investigator received and/or logged
concerning summons issued or arrests made which have not been adjudicated in a court
of law unless the complainant alleges misconduct or illegal activity by the officer. The
simple dislike of a charge or feeling of innocence does not, by itself, justify the formal
filing of a complaint against any officer performing his duties.
d. The Chief of Police will carefully review each complaint for validation before
disregarding it for lack of a credible complaint.
2. Upon receipt of a complaint, the supervisor shall provide the complaining party a "Fayetteville
Police Department OPS Complaint Form."
a. Supervisors may encourage phone complainants to come to the police station to complete
the complaint form but must understand it is not mandatory for the complainant to do so.
f. In the event a complainant refuses to come to the police department, the supervisor
should take the information and complete the form him or herself. The supervisor should
so note the complainant's refusal.
g. Supervisors are not prohibited from going to a complainant's location to complete the
OPS Complaint Form. Supervisors may send the OPS Complaint Form via U.S. Mail or
electronically.
52.1.1 Office of Professional Standards page 2 of 7
h. Complaint/compliment forms may be accessed online through the City of Fayetteville
website.
3. Complaint forms will also be completed on anonymous complaints and forwarded to the Chief
of Police [CALEA 52.1.11.
a. Discipline shall not be taken against any officer employee solely on the basis of an
anonymous complaint. Before any discipline occurs, a case would have to be
substantiated through investigation or administrative review.
4. Supervisors will explain to the complainant the process of completing the OPS Complaint
Form.
a. Upon request, complainants who have completed an OPS Complaint Form are entitled to
a photocopy of the completed complaint form at no charge.
5. Supervisors shall enclose completed complaint forms in a sealed envelope and clearly mark
the envelope with the wording "CHIEF OF POLICE — COMPLAINT ENCLOSED." The
envelope should either be delivered to the Chief of Police or to his office as soon as possible
[CALEA 52.2.2].
6. After review of the complaint by the Chief of Police, the complaint will be assigned for further
investigation by a line supervisor or an OPS investigator. Complaints that are deemed of a minor
nature may be remanded to a line supervisor for further action. Criteria for assignment of such
complaints may include alleged rudeness, tardiness, minor incidents or improper procedure.
Complaints that are deemed to be of a more serious nature will be forwarded to the head of OPS
for logging and assignment for investigation [CALEA 52.2.1].
a. When possible, investigations shall be assigned to an investigator of higher rank than the
employee being investigated. Circumstances may arise that make it more practical and/or
expedient to assign an equal or lower ranking investigator. The Chief of Police shall
have the authority and discretion to direct assignments when it is necessary to assign an
investigator of equal or lower rank than the employee being investigated.
b. Investigations will be completed within 24 30 days, unless the head of OPS authorizes an
extension [CALEA 52.2.3].
c. Investigations should be adjudicated within 10 days of the final disposition.
7. The Chief of Police, at his discretion, may place an officer employee on paid administrative
leave from duty pending the results of an internal investigation. [CALEA 52.2.7]
8. Supervisors will avoid exposing the content or subject of a completed complaint form to
anyone until the matter is resolved or directed by the Chief of Police to discuss the matter.
9. Should a complainant not wish to file a formal complaint, a supervisor may handle the
complaint on an informal basis. These incidents shall be referred to as RESOLVED
COMPLAINTS.
52.1.1 Office of Professional Standards page 3 of 7
a. Once the complaint has been resolved the supervisor will provide a typed summary to the
head of OPS for review and filing.
b. In the event a complainant does not wish to file a formal complaint on what is deemed to
be of a serious nature, the supervisor shall file the complaint based on information
received by the complainant.
10. Complainants will be notified as to the verification of receipt of the complaint, status of a
complaint and results of any investigation upon conclusion. [CALEA 52.2.4]
11. Complaints may be generated internally by a member of the department in written form to
the Chief of Police.
C. Records Security and Storage
1. All records pertaining to an internal investigation will be kept and stored in a locking file
accessible only to the Chief of Police and the head of OPS. [CALEA 52.1.2]
2. OPS investigative files shall be maintained according to the below schedule unless ordered by
a court of competent jurisdiction to purge a particular file(s). [CALEA 52.1.2]
Minimum Records Retention and Disposition Schedule
RECORD
RETENTION
FINAL DISPOSITION
Officer involved Use of
Permanent Retention
Permanent Retention
Deadly Force Incidents
Complaints resulting in
10 Years
Records Purged
sustained discipline at the
administrative level *
Complaints resulting in
5 Years, provided a 1 year
Records Purged
sustained discipline at the
infraction -free period
supervisory level **
precedes the dates of
purge.
Complaints whose findings
3 Years
Records Purged
are not sustained,
unfounded or exonerated
Complaints on which no
2 Years from the date that
Records Purged
action is taken
determination is made not
to initiate investigation
*A complaint resulting in sustained discipline at the administrative level is defined as a written
record of an oral warning, written reprimand, suspension, demotion, termination and / or
resigned under investigation or in lieu of termination.
**A complaint resulting in sustained discipline at the supervisory level is defined as a supervisor
counseling. If an infraction occurs during the one year period preceding the purge of the
complaint, one year is added to the retention date.
52.1.1 Office of Professional Standards page 4 of 7
D. Investigations
1. Types of investigations:
a. Formal investigation — A complaint assigned to a formal OPS investigator
b. Supervisor Referral — A complaint assigned to the employee's supervisor for
investigation
c. Administrative Review — A complaint reviewed at the administrative level which does
not require a formal investigation
2. Allegations of misconduct will be investigated toward a conclusion of fact. Findings will be
based on clear and convincing facts and evidence gathered during an
investigation. will be maintained by the investigator and ultimately turned over
to the head of OPS and Chief of Police for final . [CALEA 52.2.8]
3. When an ewer employee is the subject of a criminal investigation or has been charged with a
criminal offense, the department may suspend any related administrative investigation until the
criminal matter has been resolved.
4. Simultaneous criminal and internal investigations shall be separate, and no Fayetteville Police
Department employee who is investigating one shall investigate the other. No criminal
investigator shall have access to compelled statements in the internal investigation (Garrity v.
New Jersey, 385 USC 493). Whenever related iminal and adminiatrative investigations are
polioe
personnel having knowledge of such statements shall purtielpate in the-efimin& investigation.
5. The head of OPS will notify both the complainant and employee(s) in question a complaint
has been received and an investigation is impending.
a. Notice of the complaint will not be given to the employee(s) in cases in which such
notification may be detrimental the investigative process.
b. Once notified of the complaint and investigation, the employee(s) is prohibited from
discussing or interfering with the investigation.
6. Employees being required to submit a report or be interviewed who are the subjects of an OPS
complaint and/or investigation will receive an OPS Investigation Warning Form, be advised of
the nature of the complaint and allowed to read the complaint form. [CALEA 52.2.5]
a. The OPS Investigation Warning Form will advise the e€fleer employee he or she is part
of an official investigation, advise of certain rights associated with self-incrimination, and
possible departmental charges for refusing to cooperate.
7. Before an interview is conducted and excluding a conflict of interest, the effieer employee
may have a representative of his or her choosing present. [CALEA 52.2.5]
52.1.1 Office of Professional Standards page 5 of'?
a. Interview sessions shall be for reasonable periods and shall allow for such personal
necessities and rest periods as are reasonably required,
b. Interview sessions shall be conducted while the officer employee is on -duty whenever
practical.
c. If an officer employee is required to submit to an interview during off -duty time, the
officer employee shall be compensated in accordance with normal department procedures
used for compensation of extra hours.
8. Employees Officers may be compelled to answer questions related to their duties or fitness for
duty. (Garrity v. New Jersey, 385 USC 493)
a. When an officer employee refuses to answer questions posed in an administrative
investigation on the grounds or fear of criminal self-incrimination, the officer
employee may be ordered to answer such questions, and shall be informed none of
the information provided can or will be used against him or her in any subsequent
criminal prosecution.
b. The officer employee is subject to possible disciplinary action for refusal to answer
questions. The riser employee may be given a direct order to cooperate with the
investigation. Failure to obey a direct order may result in the officer employee being
placed on administrative leave and subject to further disciplinary action [CALEA
52.2.7].
c. Employees Officers may be compelled to undergo an examination for the detection of
deception. The results of such testing shall not be usable in any subsequent criminal
investigation but may be used to determine dispositions of administrative matters
[CALEA 52.2.6 e.].
d. Employees Officers may not refuse to submit to other non -testimonial administrative
examination (drug screening by urinalysis or blood test, medical examinations, line
up, photographs, financial statements when they are material to the investigation, etc)
[CALEA 52.2.6 a., b., c., & d].
e. Departmental property or personal property authorized for use by the department in
connection with official police duties may be inspected and / or searched at any time
in accordance with law. An officer? employee's personal property shall be afforded
the same protection as that of any other citizen and, in criminal cases, the accused
employee's officer's constitutional rights will be protected.
f. Refusal to submit to such examinations or non -testimonial examinations where
required may be grounds for dismissal [CALEA 52.2.7].
g. Occasionally, an OPS investigation will discover employee misconduct and / or
policy violation/s against an employee who was not the original subject of the
investigation, and the misconduct and 1 or policy violation/s were not included in the
original complaint. The Chief of Police will decide if the investigation will be part of
the original investigation or a new investigation will be generated. In all
circumstances, the employee will receive an OPS Warning Form and be advised of
the nature of the complaint before he or she is interviewed.
9. Employees are strictly prohibited from interfering with, or discussing an ongoing
investigation.
E. Dispositions
52. l.1 office of Professional Standards page 6 of 7
1. Dispositions will be decided according to the following categories:
a. Unfounded: When the investigation clearly indicates the act complained of did not
occur.
b. Exonerated: When the investigation clearly indicates the act occurred, but the act
was justified, lawful and proper.
c. Not Sustained: When the investigation discloses insufficient evidence to prove or
disprove the allegation made in the complaint.
d. Sustained: When the investigation discloses the act did occur and constitutes
misconduct
2. Only case dispositions, which have a finding of "Sustained", shall be filed in the employee's
personnel file.
3. The Chief of Police will be notified, in writing, of the final disposition of any complaint
within 10 days of the conclusion of an investigation.
4. The Chief of Police will determine disciplinary measures for investigations of allegations of
misconduct resulting in a disposition of "sustained". Consideration in disciplinary measure
should be given to ensure public confidence in the agency, to protect future liability and to
deter future misconduct.
5. Employees Offloors will be notified, in writing, of the final disposition of any complaint
within 14 days of the conclusion of an investigation. Whenever an officer is dismissed,
demoted or suspended according to policies and procedures, he or she may grieve or appeal
such action through civil service provisions where appropriate.
6. Complainants will be notified, in writing, of the disposition of a complaint within 14 days of
resolution of a complaint. [CALEA 52.2.4]
7. At the conclusion of every fiscal year, the head of OPS will create an annual statistical
summary based on the records of all OPS investigations. This annual report will be made
available for review to interested persons. [CALEA 52.1.5]
52.1.1 Office of Professional Standards page 7 of 7
FAYETTEVILLE POLICE DEPARTMENT
FAYETT'EVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
January 6, 1999 72.1.1
Subj ect
JAILER DUTY
Reference
Special Instructions
Distribution (Reevaluation Date {No.Pagesl
All Personnel 1 Year II -2-
I. PURPOSE
The purpose of this policy is
to define the responsibilities
and general duties of the
jailer when these duties are
performed by an officer.
(Generally, these duties are
performed by civilian jailer
personnel). In all cases, the
jail supervisor or in their
absence the shift supervisor is
responsible for the operation
of the holding facility.
II. POLICY
I. The jailer will arrange
for prisoner meals and give
them the necessary items needed
each day for health and
hygiene. The jailer will
ensure prisoners ready for
arraignments/trials are taken
to municipal court by the court
bailiff each court day. (In
cases where large numbers of
prisoners or prisoners with
histories of violence are being
taken to court, the jailer will
aid or cause another officer to
assist the bailiff in
transporting the prisoners.)
2. The jailer will check
supplies and equipment used in
daily operation of the jail
facility and notify the jail
supervisor of any needed
supplies or repairs. The
jailer will see that the jail
is always clean and will make
30 minute checks of all
prisoners and cells.
3. The jailer will notify and
assist the supervisor in making
arrangements for medical
treatment if prisoner(s) ask
for treatment or is in need of
treatment. In appropriate
cases, the supervisor may make
immediate arrangements for the
prisoner to be released so he
or she may seek treatment. All
injuries to prisoners should be
noted on the booking sheet. A
"Medical Attention" form should
be completed and taken along
with the prisoner to the
medical facility, then returned
to the jail and any medication
needed should be noted and that
(72.1.1) Page 1
information passed on to the
next jailer and supervisor.
4. A matron should be on duty
when any female prisoner is
incarcerated. Female Central
Dispatch Center (CDC) personnel
certified as matrons should
only be used as a last resort
and only when not in conflict
with an established policy. If
no police department matron is
available, arrangements should
be made with another agency
(such as Washington County
Jail) for transfer of the
female prisoner if the prisoner
is to be held.
5. The assigned jailer will
read and follow the jail
manual.
(72.1.1) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETrEVH,LE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date (Number
January 6, 1999 72.3.1
Subject
JAIL EMERGENCY PLAN
Reference
Special Instructions
Distribution Reevaluation Date No.Pages
All Personnel, 1 Year -2-
I. PURPOSE
The purpose of this policy is
to prescribe fire prevention
practices and procedures for
the Fayetteville City Jail.
II. POLICY
In the event of a fire or
disaster which requires
evacuation of the building, the
first priority will be getting
all the people out of the
building as quickly and as
safely as possible.
A. FIRE
1. If fire is discovered in
any portion of the jail, the
Fayetteville Fire Department
and the jail/shift supervisor
will be notified immediately.
2. If the fire cannot be
extinguished with the portable
extinguishers located in the
building, the jailer will stand
by the appropriate exterior
door to aid the fire department
in gaining entry once they
arrive.
3. In case of small fires of
bedding, clothing, etc., the
smoke and fumes will be
removed from the building by
the Fayetteville Fire
Department's portable fans.
4. In case of a large fire
which requires the building
evacuated, personnel in the
Central Dispatch Center should
be instructed to notify all
available police units to come
to the jail immediately to
assist . The sheriff's office
may be notified in case their
assistance is necessary for
the transport of prisoners to
the county jail. If possible,
all prisoners will be placed
in the holding areas with an
officer at each door;
otherwise, all prisoners will
be placed outside the building
with officers to guard them.
5. In case of fire where the
main corridor is blocked and
the prisoners cannot be
evacuated through the main
jail door, they will be
removed by way of the exit
door at the northwest corner
(72.3.1) Page 1
of the
Prisoners
be moved
area arot
exit if
blocked.
cellblock area.
in the barracks will
through the dining
mnd to the emergency
the main door is
6. In the event of injuries
to prisoners, they will be
transported to the Emergency
Room at Washington Regional
Medical Center by local
ambulance, if necessary.
B. STORM, TORNADO, ETC.
1. If the building sustains
severe damage from a storm,
tornado, etc., the duty jailer
and the jail/shift supervisor
will immediately survey the
condition of all prisoners and
building damage in order to
form a plan of action.
2. If broken electric wires
or gas pipes are observed,
these services should be cut-
off immediately. The main gas
meter switch is located on the
outside wall at the southeast
end of the building.
3. The duty jailer or
jail/shift supervisor should
request the Central Dispatch
Center to notify all City
police units, sheriff's office,
fire department, Civil Defense,
and the Arkansas State Police
of the emergency situation at
the facility. Mobile units
will be used if the Central
Dispatch Center is inoperable.
4. If it becomes necessary to
evacuate the building, the same
procedure will be followed as
for "FIRE" (earlier in this
chapter).
(72.3.1) Page 2
FAYETTEV1LLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
January 6, 1999 72.5.5
Subject
SUICIDE IDENTIFICATION GUIDELINES
Reference
Special Instructions
Distribution Reevaluation Date No.Pages
All Personnel 1 Year -2-
I. PURPOSE
The purpose of this policy
is to establish specific
guidelines for identifying and
dealing with potential suicidal
prisoners. This policy will
apply to all officers and
jailers, both commissioned and
non-commissioned.
II. DISCUSSION
All officers and jailers
are directed to take special
precautions in limiting
prisoners with suicidal
tendencies access to certain
conditions that risk the
prisoner to self-inflicted
injuries.
f f f M -I.)' (4'1
A. PRISONER ASSESSMENT
Officers and jailers will
consider the following in
accessing a prisoner's suicidal
tendencies.
1. Statements and reports of
the arresting officer.
2. Nature of prisoner's
behavior at the time he is
taken into custody and at the
time of booking.
3. Prior arrest reports and
jail records.
4. Mental condition of
prisoners at the time of
arrest/booking.
5. Statements from family or
friends.
6. Injuries from previous
suicide attempts.
7. History of severe drug or
alcohol abuse.
8. Statements indicating
threat to attempt suicide.
9. Uncontrollable laughing,
shouting, bragging, or joking
of suicide.
I
(72.5.5) Page 1
10. Statements indicating
severe depression.
B. HANDLING SUICIDE RISKS
If any of the above
conditions and/or other
characteristics exist, the
officer and/or jailer shall:
1. Post a sign on the jail
cell door indicating the
prisoner is a suicide risk.
2. Post the information on
the jail census board and in
the jail log book.
3. All materials which could
be used to inflict injury shall
be removed from the prisoner
and the cell prior to placing
the prisoner in the cell.
4. Officers and jailers shall
increase the frequency of jail
checks to a minimum of once
every 15 minutes.
(72.5.5) Page 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date Number
January 6, 1999 72.6.1
Subject
MEDICAL AND DENTAL CARE FOR PRISONERS
Reference ISpecial Instructions
Distribution Reevaluation Date No.Pages
All Personnel 1 Year -2-
I. • PURPOSE
The purpose of this policy
is to establish guidelines for
providing medical, mental, and
dental hygiene care for
prisoners in the custody of the
Fayetteville Police Department.
II. POLICY
No prisoner in the custody
of the Fayetteville Police
Department will be denied
medical, dental, or mental
hygiene care. The Emergency
Room at Washington Regional
Medical Center will be the
primary treatment facility
unless other arrangements are
made.
III. PROCEDURES
A. The following procedure
shall be followed anytime a
prisoner requests medical,
dental, or mental hygiene care.
They shall also be followed
anytime a jailer determines a
prisoner is in need of care.
1. When a prisoner requests
medical, dental, or mental
hygiene care the jailer will
immediately notify the on duty
supervisor who will assist in
making the appropriate
arrangements. If the situation
is life threatening the jailer
will first call an ambulance
and then notify the supervisor.
2. The jailer will then
complete a "Request for Medical
Attention" form and have the
prisoner sign it. A prisoner's
refusal to sign the form will
not be grounds to deny them
medical care.
3. The "Request for Medical
Attention" form shall be sent
with the transporting officer.
It will be the transporting
officer's responsibility to see
that the bottom of the form is
completed by the appropriate
medical personnel and that the
form is returned to the jail.
4. When the form is returned
to the jail, two copies will be
forwarded to the jail
(72.6.1) Page 1
administrator and the third
copy will be placed in the
prisoner's file.
B. The above procedures shall
be followed anytime a prisoner
is transported for a routine
scheduled visit with a doctor,
dentist, or mental health care
professional .
C. If a prisoner has received
some form of health care while
in the custody of the
Fayetteville Police Department
and is later transported to
another detention facility, a
copy of the prisoner's "Request
of Medical Attention" form
shall be sent with him.
D. Great caution must be
taken when denying care. Only
a supervisor can make the
decision to deny a prisoner
care. If a supervisor does
deny care, he must be able to
give articulable reasons why he
did so.
(72.6.1) Page 2