HomeMy WebLinkAbout283-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 283-20
File Number: 2020-0983
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3
BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER
TO PEER SUPPORT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville
Police Department policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and
49.1.1 Peer to Peer Support Program.
PASSED and APPROVED on 11/17/2020
00
City of Fayetteville, Arkansas 113 West Mountain Street
'= Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0983
Agenda Date: 11/17/2020 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 1.2.3 BIAS
BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER
SUPPORT PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police
Department policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and 49.1.1 Peer to
Peer Support Program.
City of Fayetteville, Arkansas Page 1 Printed on 11/1812020
City of Fayetteville Staff Review Form
2020-0983
Legistar File ID
11/17/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mike Reynolds, Chief of Police 10/30/2020
Submitted By Submitted Date
Action Recommendation:
POLICE (200)
Division / Department
Council approves a resolution adopting Fayetteville Police Policies 1.2.3, Bias Based Profiling Prohibited; 22.2.8,
Military Activations; 49.1.1, Peer to Peer Support Program.
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
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF NOVEMBER 17, 2020
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: October 30, 2020
SUBJECT: Police Department Policy
CITY COUNCIL MEMO
RECOMMENDATION:
Council approves a resolution adopting Fayetteville Police Policies 1.2.3, Bias Based Profiling
Prohibited; 22.2.8, Military Activations; 49.1.1, Peer to Peer Support Program.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing policies and updating
as necessary to make changes as recommended and to meet best practices.
DISCUSSION:
Fayetteville Police Policy 1.2.3, Bias Based Profiling Prohibited, is an existing policy that
contains changes to meet new accreditation standards. Fayetteville Police Policy 22.2.8,
Military Activations, is an existing policy that contains changes to reflect new accreditation
standards and current city protocols. Fayetteville Police Policy 49.1.1, Peer to Peer Support
Program, is a new policy that outlines a program to promote employee health and resiliency.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff at this time.
Attachments:
Fayetteville Police Policy 1.2.3, Bias Based Profiling Prohibited
Fayetteville Police Policy 22.2.8, Military Activations
Fayetteville Police Policy 49.1.1, Peer to Peer Support Program
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date:
Subiect: 1.2.3 Bias Based Profiling Prohibited
Reference: Arkansas Act 1207 of 2003, 52.1.1, 26.1.1 Version: 5
CALEA: 1.2.9 No. Pages: 3
I. PURPOSE
The purpose of this policy is to prohibit the act of bias based profiling and to reaffirm the
department policy to perform all duties impartially, without favor or affection or ill will 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, immigration status, disability,
housing status. occupation, language tlucncy, 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.].
II. DISCUSSION
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.
III. 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 part 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, immigration status, disability. housing status, occupation, language
ALicncv. or any other identifiable characteristics or identifiable groups.
1.2.3 Bias Based Profiling Prohibited Page 1 of 3
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, immigration
status, disability, housing status, occupation, language fluency, or any other identifiable
characteristics or identifiable groups, 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. 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.
1.2.3 Bias Based Profiling Prohibited Page 2 of 3
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 c.].
1.2.3 Bias Based Profiling Prohibited Page 3 of 3
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date:
22.2.8 Military Activations
Reference: 1.3.1, City of Fayetteville Military Leave Policy Version: 3
HR-24
CALEA: 22.2.8 22.1.9 No. Paces: 3
I. PURPOSE
The purpose of this policy is to establish a plan for personnel with military activations exceeding
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 22.1.9 a.]
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 22.1.9 g.].
b. The Administrative Captain will ensure the deployed employee is periodically
notified of agency news, significant events, and promotions [CALEA 22.1.9 g.].
22.2.8 Military Activations Page I of 3
The Administrative Captain will track the department's promotional opportunities
and notify the deployed employee of those promotional opportunities that are
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
B. City of Fayetteville Human Resources Point of Contact [CALEA 22.1.9 b.]
1. Etnplovices eligible for paid military leave must request 120 hours for their military
Icave bank each year by completing the *military Leave Bank Annual Request Form
located on the City of Fayetteville Intranet Sitc. The forn must be returned to the
Human Resources Benefits Adniinist,-It
2. 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 22.1.9 g.].
C. Processing Prior to Military Deployment [CALEA 22. 1.9 c.]
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 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 22.1.9 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
22.1.9 c.].
D. Storage of Agency Owned Equipment During Deployment [CALEA 22.1.9 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.
22.2.8 Military Activations Page 2 of 3
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 22.1.9 e.]
1. 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 22.1.9 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
permitted to return to full duty.
2. On a case by case basis and depending on the employee's time away from department
during the deployment, the Training Coordinator shall determine the training needs of
the returning employee and establish a plan to provide the training to him/her.
Documentation of the training will be kept in the employee's training file.
3. The Chief of Police or designee may decide to assign a field training officer to the
returning employee after prolonged deployments. The Training Coordinator will
provide a written reintegration training plan on each returning employee after a
review of relative information including assignment and time away from the
department. The assigned field training officer will evaluate the returning employee's
performance to correspond with the Training Coordinator's reintegration plan. The
Training Coordinator will communicate progress to the Chief of Police through the
chain of command. After the returning employee has successfully completed the
reintegration plan, the employee will return to regular duty. Documentation of the
training will be kept in the employee's training file.
22.2.8 Military Activations Page 3 of 3
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
1 Effective Date:
Subject: 49.1.1 Peer to Peer Support Program
Reference: FPD 1.3.6, 52.1.1, GO 21 Version: 1
CALEA: No. Pages: 4
I. PURPOSE
The purpose of the Peer to Peer Support Program (PPSP) is to provide all Fayetteville Police
Department (FPD) employees the opportunity to receive emotional and tangible support through
times of personal or professional crisis and to help anticipate and address potential difficulties.
The FPD will continue to pursue the newest and most innovative knowledge, research, and
understanding to ensure the best possible outcome for employees serving the community of
Fayetteville.
II. DEFINITIONS
A. Critical Incident: Any situation faced by FPD personnel that causes them to experience
unusually strong emotional or physical reactions which have the potential to interfere
with their ability to function during or after the incident. A critical incident may be
different from one individual to another.
B. Critical Incident Stress: The severe or accumulative psychological stress or trauma an
employee may experience during and/or following a critical incident. The stress or
trauma is an abnormally strong emotional, cognitive, or physical reaction that has the
potential to interfere with normal function(s) to include:
1. Physical and emotional illness;
2. Failure of usual coping mechanisms; and
3. Loss of the ability to function.
C. Peer Support Event: Any debriefing, defusing, or counseling session conducted by a
certified peer support member that involves the emotional or moral support of an FPD
employee who needs emotional or moral support as a result of job -related stress or an
incident in which the employee was involved while acting in his or her official capacity.
D. Critical Stress Debriefing: Is a supportive, crisis -focused discussion of a traumatic event.
It is used exclusively for small groups who have encountered a powerful traumatic event.
It aims at reduction of distress and a restoration of group cohesion and unit performance.
A debriefing will be led by the PPSP team member/s, the Chaplain or an equally trained
organization selected by the Chief of Police.
Peer to Peer Support Program Policy t of 4
E. Critical Stress Defusing: A peer -driven group process integrating crisis intervention
strategies. Defusing is a shortened version of a debriefing and takes place immediately or
relatively soon after a critical incident.
F. Peer Support Team Member: A volunteer member of the FPD Peer Support Team
authorized by the Chief of Police or his/her designee. This member provides mental
health intervention services to agency personnel with required and approved training in
critical incident stress management.
III. POLICY
A. Confidentiality
l . Statement of Confidentiality: All information and correspondence pertaining to issues
defined under Arkansas Code Annotated § 16-40-106, shall remain confidential within
the peer to peer support program. PPSP team members who violate the confidentiality
rule are subject to dismissal from the group and/or disciplinary action.
a. Strict confidentiality shall be maintained between peer to peer support personnel
and the employee. Nothing discussed between the participants shall be divulged to
any third party without express consent of the employee. However, peer to peer
personnel are required to report the following circumstances to the PPSP
supervisor. The PPSP supervisor shall ensure the following information is reported
through the chain of command:
(1) When there is an indication that an employee presents a clear and present
danger to himself or others;
(2) Employees who have been involved in a violation of law that would result in
disciplinary action; and
(3) Disclosures of domestic violence, child or elder abuse.
b. The PPSP supervisor will provide reports to the chain of command by reporting
on number of contacts, hours worked and number of referrals. This will ensure to
maintain strict confidentiality.
B. Peer to Peer Support Operation
1. The FPD PPSP is designed to assist employees with stress management, crisis
management, depression, burn -out, suicide prevention, along with any other
unforeseen complications that may arise in the law enforcement profession. The PPSP
will aid employees in areas of developing healthy habits, wellness outreach
initiatives, and education -based training.
2. The PPSP is unable to aid employees with grievance resolutions, complaints,
reassignment requests, or respite from a history of poor decision -making or pattern of
a deliberate performance issue.
3. The PPSP is not intended to be used as a disciplinary tool, nor is it a means to avoid
discipline where such action is appropriate. This policy does not supersede any
department directive governing discipline. The idea behind this program is to assist
employees in developing strategies to instill better coping mechanisms and healthier
and more productive lifestyles, and to enhance the performance of their careers.
4. This policy does not alleviate the responsibilities of all employees to report acts of
misconduct as outlined in FPD Policies, Procedures, and Rules.
C. Requests for Peer to Peer Services
Peer to Peer Support Program Policy 2 of
1. The PPSP is an available resource for all employees who need assistance to overcome
obstacles in their professional or personal life. The ultimate goal for each employee
participating in a PPSP is to maintain a productive lifestyle, instill better coping
mechanisms, and enhance performance during their careers.
2. Department employees may voluntarily seek the assistance of qualified peer support
personnel.
3. Department employees can contact the peer support hotline 24 hours a day.
a. A PPSP team member will be assigned on -call status and will be responsible for
answering the hotline when on -call.
b. The peer support hotline number will be placed on bulletin boards, common areas,
maintained in dispatch and with supervisors so the number is easily accessible for
all employees.
c. It is the responsibility of the PPSP team member to reconcile their work time
through the City's timekeeping software.
4. The PPSP team supervisor will ensure proper follow-up contacts are made with
employees seeking peer support.
5. Department supervisors can request peer support for an employee through the PPSP
team supervisor. The employee must be displaying at least one of the following:
d. Uncharacteristic or repeated citizen complaints;
e. Abrupt changes in an employee's responses or behavior such as excessive
tardiness, absenteeism, abnormal impatience, irritability or aggressiveness;
f. Irrational or bizarre thoughts or actions;
g. Erratic mood swings;
h. Indications of alcohol or drug abuse;
i. Other indications of self-destructive behavior; or
j. Any other incident that causes abnormally strong emotional reactions or feelings
for the employee.
6. Referral to the PPSP does not constitute mandatory participation on the part of the
employee. This program is voluntary and solely at the discretion of the employee in
question.
D. Selection of Team Members
1. The selection process of team members will follow the same protocol for other
specialized assignment as outlined in FPD Policy 41.1.1 (Patrol).
2. Other selection criteria include, but are not limited to:
a. Be a full-time member of the department;
b. Be recommended for the PPSP by a supervisor;
c. Be recommended for the PPSP by a co-worker;
d. Have at least three years of experience at the FPD;
e. Past disciplinary actions will be taken into consideration; and
f. Agree to maintain confidentiality within the guidelines provided.
IV. TRAINING
A. Training PPSP Team Members
1. Personnel must successfully complete prescribed peer support training prior to actual
involvement in the peer to peer support program.
Peer to Peer Support Program Policy 3 of 4
2. PPSP team members will attend training approved by the Chief of Police or his/her
designee. Training will meet the basic requirements from Arkansas Code Annotated
§ 16-40-106.
B. The PPSP will work in conjunction with the Training Division and/or City of Fayetteville
Human Resources Division to develop health, wellness, and resiliency programs for all
FPD employees.
C. New employees will receive an orientation on FPD's health, wellness, and resiliency
programs within one year of employment.
Peer to Peer Support Program Policy 4 of 4