HomeMy WebLinkAbout155-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 155-23
File Number: 2023-870
FPD POLICIES / 22.3 / 41.3.6 / 49.1.1 / 61.1.11 (RESOLUTION):
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 22.3 SECONDARY
EMPLOYMENT, 41.3.6 NARCOTIC OVERDOSE INTRANASAL NALOXONE, 49.1.1 PEER TO PEER SUPPORT
SYSTEMS, AND 61.1.11 DWI, DUI
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department
policies 22.3 Secondary Employment; 41.3.6 Narcotic Overdose Intranasal Naloxone, 49.1.1 Peer to Peer Support
Systems, and 61.1.11 DWI, DUI.
PASSED and APPROVED on July 18, 2023
Page 1
Attest: ,`����FFtK
FAYETTEVILI.:
Kara Paxton, City ler reasurer y ••9 c�
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 18, 2023
TO: Mayor Jordan and City Council
THRU:
FROM: Mike Reynolds, Police Chief
DATE:
SUBJECT: Police Department Policies
RECOMMENDATION:
CITY COUNCIL MEMO
2023-870
Council approves a resolution adopting Fayetteville Police Department policies 22.3 Secondary Employment,
41.3.6 Narcotic Overdose Intranasal Naloxone, 49.1.1 Peer to Peer Support Program, and 61.1.11 DWI, DUI.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing and updating policies to make
necessary changes and to meet new protocols.
DISCUSSION:
Fayetteville Police Policy 22.3 Secondary Employment is an existing policy that contains changes to meet new
protocols. Fayetteville Police Policy 41.3.6 Narcotic Overdose Intranasal Naloxone is an existing policy that
contains changes to expand the authorization for use of naloxone to more police department employees.
Fayetteville Police Policy 49.1.1 Peer to Peer Support Program is an existing policy that contains additions for
reporting requirements and changes to meet new practices. Fayetteville Police Policy 61.1.11 DWI, DUI is an
existing policy that contains changes to meet new protocols. These policies are attached to the agenda packet,
and all changes to these existing policies have been highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff at this time.
ATTACHMENTS: SRF&M - FPD Policies - June 2023, 22.3 - Secondary Employment, 41.3.6 - Narcotic
Overdose Intranasal Naloxone, 49.1.1 - Peer to Peer Support Program, 61.1.11 - DWI, DUI
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-870
Police Department Policies
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 22.3
SECONDARY EMPLOYMENT, 41.3.6 NARCOTIC OVERDOSE INTRANASAL NALOXONE,
49.1.1 PEER TO PEER SUPPORT SYSTEMS, AND 61.1.11 DWI, DUI
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville
Police Department policies 22.3 Secondary Employment; 41.3.6 Narcotic Overdose Intranasal
Naloxone, 49.1.1 Peer to Peer Support Systems, and 61.1.11 DWI, DUI.
Page 1
Mike Reynolds, Chief of Police
Submitted By
City of Fayetteville Staff Review Form
2023-0870
Item ID
7/18/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/27/2023 POLICE (200)
Submitted Date Division / Department
Action Recommendation:
Council approves a resolution adopting Fayetteville Police Department policies 22.3 Secondary Employment, 41.3.6
Narcotic Overdose Intranasal Naloxone, 49.1.1 Peer to Peer Support Program, and 61.1.11 DWI, DUI
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? No
Total Amended Budget
$ -
Expenses (Actual+Encum)
$
Available Budget
$ -
Does item have a direct cost? No
Item Cost
$
Is a Budget Adjustment attached? No
Budget Adjustment
$
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF JULY 18, 2023
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: June 27, 2023
SUBJECT: Police Department Policies
CITY COUNCIL MEMO
W1,
RECOMMENDATION:
Council approves a resolution adopting Fayetteville Police Department policies 22.3 Secondary
Employment, 41.3.6 Narcotic Overdose Intranasal Naloxone, 49.1.1 Peer to Peer Support
Program, and 61.1.11 DWI, DUI.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing and updating policies
to make necessary changes and to meet new protocols.
DISCUSSION:
Fayetteville Police Policy 22.3 Secondary Employment is an existing policy that contains
changes to meet new protocols. Fayetteville Police Policy 41.3.6 Narcotic Overdose Intranasal
Naloxone is an existing policy that contains changes to expand the authorization for use of
naloxone to more police department employees. Fayetteville Police Policy 49.1.1 Peer to Peer
Support Program is an existing policy that contains additions for reporting requirements and
changes to meet new practices. Fayetteville Police Policy 61.1.11 DWI, DUI is an existing policy
that contains changes to meet new protocols. These policies are attached to the agenda
packet, and all changes to these existing policies have been highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff at this time.
Attachments:
Fayetteville Police Policy 22.3 Secondary Employment
Fayetteville Police Policy 41.3.6 Narcotic Overdose Intranasal Naloxone
Fayetteville Police Policy 49.1.1 Peer to Peer Support Program
Fayetteville Police Policy 61.1.11 DWI, DUI
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 22.3 Secondary Employn
Reference: Arkansas Statute 12-9-102
CALEA: 22.2.4. 22.2.5
I. Purpose
Effective Date:
December 20.2022
Version: 6
No. Paizes: 4
To establish guidelines for secondary employment by members of the Fayetteville Police
Department (FPD).
II. Policy
It is the policy of the FPD to allow agency personnel to engage in approved secondary
employment opportunities within the guidelines of this policy [CALEA 22.2.4].
III. Definitions
A. Extra -Duty Employment — secondary employment wherein the actual or potential
use of law enforcement powers is anticipated.
B. Off -Duty Employment — secondary employment wherein the actual or potential
use of law enforcement powers is not anticipated.
IV. Departmental Limitations
A. Employees may not engage in employment that is a threat to the status and dignity
of law enforcement as a professional occupation. Employment representing such
a threat includes, but is not limited to: [CALEA 22.2.4]
1. Employment at establishments that promote obscenity or pornography as
defined by the Arkansas Criminal Code.
2. Any employment where the dispensing or consumption of alcoholic
beverages is the primary function of the business. This prohibition does
not include approval obtained by the Chief of Police for working special
events where alcoholic beverage permits have been granted.
3. Any employment where gambling occurs as the main source of activity.
(This does not include civic fund-raising events where the proceeds are
used to support legitimate charities or other nonprofit agencies).
4. Any employment where the employer is involved in a labor or civil rights
dispute.
5. Any employment with individuals or companies of questionable business
22.3 Secondary Employment Page 1 of 4
interest where there could be a decrease in trust and confidence from the
public.
6. Any employment whereby the nature of such employment would interfere
with the performance of official duties, jeopardize in any manner the
impartial position of the department or create a liability concern that might
involve the employee violating any procedure, ordinance or law.
7. Any employment that might present potential conflicts of interest for
employees between the departmental duties and their duties for a
secondary employer.
8. Any employment that creates a decrease in trust and confidence from the
public.
B. To be eligible for secondary employment, employees must be in good standing
with the department. The employee's history of past performance shall be taken
into consideration by the Chief of Police when determining eligibility.
C. Employees must have completed the Field Training Program before being eligible
to work extra -duty employment.
D. Employees absent from duty, due to sickness, may not engage in secondary
employment during the hours in which they were regularly scheduled to work.
E. Employees on light duty status, extended sick leave (more than three consecutive
days), worker's compensation, FMLA, administrative leave or suspension are not
authorized to work any extra -duty employment without the written consent of the
Chief of Police.
F. Employees will not engage in any secondary employment that might affect the
objectivity and independence of their judgment or conduct in performing their
official duties and responsibilities.
G. Work hours for all secondary employment must be scheduled in a way that does
not conflict nor interfere with the employee's official performance of duty.
Special consideration will not be given to scheduling of the employee's duty hours
to accommodate secondary employment.
H. All employees of the department engaged in secondary employment are subject to
call out in case of emergency and will be expected to leave any other employment
in such situations.
Employees will not report to duty physically or mentally exhausted to the point
where their performance is affected because of any secondary employment.
J. Extra -duty employment is limited to within the corporate limits of the City of
Fayetteville. Off -duty employment may be authorized outside the city limits.
V. Guidelines
22.3 Secondary Employment Page 2 of 4
A. All employees must complete an annual review of FPD Policy 22.3 (Secondary
Employment) and sign off on the requirements and expectations for participating
in secondary employment.
B. For all secondary employment assignments for sworn employees that are
scheduled through the Special Operations Division, the Chief of Police or his/her
designee will approve the assignment in writing before it is posted or filled.
Sworn employees will not have to complete a Request for Approval Of.Secondary
Employment Outside Department form for assignments scheduled through the
Special Operations Division.
C. The following criteria must be completed on all secondary employment
assignments or requests for sworn employees that are not scheduled through the
Special Operations Division.
1. A Request for Approval OfSecondary Employment Outside Department form
must be completed in the Laserfiche software, and sworn employees must sign
the form, indicating they understand the expectation for the assignment.
2. The Request for Approval of Secondary Employment Outside Department
form shall also contain the significant aspects of the secondary employment
job the employee is seeking [CALEA 22.2.5 e.].
3. The Request for Approval OfSecondary Employment Outside Department
form will automatically be routed via Laserfiche to the Chief of Police or
his/her designee [CALEA 22.2.5 a.].
4. Within 72 hours, the sworn employee will receive an email through the
Laserfiche software approving or denying the secondary employment request.
5. The Chief of Police, or his/her designee, will have final approval or
disapproval authority for the requests of secondary employment.
6. Sworn employees are not authorized to work secondary employment
assignments until the Chief of Police or his/her designee approves the
secondary employment request, so sworn employees are strongly encouraged
to submit these requests as early as possible.
7. On -going secondary employment requests must be resubmitted at the
beginning of each calendar year.
8. A copy of all secondary employment forms will be routed in the Laserfiche
software to the administrative assistant in the Administration Division for
record retention. Records for secondary employment assignments shall be
kept for a period of five years. [CALEA 22.2.5 d.]
D. Non -sworn employees are required to submit an Outside Employment Request form
through their chain of command to the Chief of Police or his/her designee and the
City Attorney, in compliance with City of Fayetteville Policy and Procedure HR-15.
a The Outside n.....t,..,.... ent F,,..ms aFe leeated ill the City f c tt ip r
fItFaije
(C-OFI) under- the -Fefffls" tab.
2. A Request for Approval of Secondary Employment Outside Department form
must be completed in the Laserfiche software, and non -sworn employees must
sign the form, indicating they understand the expectation for the assignment.
3. The Request_ for Approval of Secondary Employment Outside Department form
shall also contain the significant aspects of the secondary employment job the
employee is seeking.
22.3 Secondary Employment Page 3 of 4
4. The Request for Approval of Secondary Employment Outside Department form
will automatically be routed via Laserfiche through the employee's chain of
command to the Chief of Police or his/her designee and the City Attorney.
5. The Chief of Police, or his/her designee, will have final approval or disapproval
authority for non -sworn employee requests of secondary employment. [CALEA
22.2.5 c.].
6. Non -sworn employees are not authorized to work secondary employment
assignments until the Chief of Police or his/her designee approves the Outside
Employment Request.
7. On -going secondary employment assignments for non -sworn employees must be
resubmitted at the beginning of each year.
8. The Dispatch Manager shall keep copies of all Outside Employment forms for the
Central Dispatch Center employees. The administrative assistant in the
Administration Division will keep the Outside Employment forms for all other
non -sworn employees of the department. Records for secondary employment
assignments for non -sworn employees shall be kept for a period of five years
[CALEA 22.2.5 d.].
E. Once granted, approval for secondary employment can be revoked or annual renewal
denied when, in the judgment of the employee's chain of command, the secondary
employment becomes incompatible with departmental employment or adversely
affects the employee's job performance or efficiency [CALEA 22.2.5 c.].
VI. Accountability
A. All employees engaged in extra -duty employment, uniformed or plain clothes,
shall abide by the Policies, Procedures and Rules of the Fayetteville Police
Department [CALEA 22.2.5 b.].
B. Officers wearing his/her uniform off -duty are a representative of the department.
As such, the member shall avoid non -police related job duties that would tend to
detract from the professional image of the Fayetteville Police Department.
Officers must conduct themselves at all times in a manner consistent with public
respect for the uniform of the department [CALEA 22.2.5 b.].
C. Arrests made while engaging in secondary employment, will be turned over to the
on -duty patrol shift for transport. The extra -duty or off -duty officer shall
complete all necessary and required reports detailing the facts of the case.
D. All sworn personnel working secondary employment are required to take
enforcement action, within the jurisdiction of the department, in an emergency.
Under no circumstances shall an officer refuse a request due to being "off -duty"
[CALEA 22.2.5 b.].
E. All sworn personnel who are working an approved secondary employment job
and engage in the duties of a law enforcement officer, as defined by Arkansas
Statute 12-9-102, shall be considered "on -duty" and shall be compensated by the
City of Fayetteville.
22.3 Secondary Employment Page 4 of 4
F. The secondary employer will not be allowed to compensate sworn personnel for
any time the employee was paid by the City of Fayetteville. It is the
responsibility of the sworn employee to reconcile their work time through the
City's timekeeping software and their secondary employer.
22.3 Secondary Employment Page 5 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date:
Subject: 41.3.6 Narcotic Overdose Intranasal Naloxone OetebeF4,-2-W
Reference: A.C.A 20-13-1804 (Naloxone Access Act) Version: 2 3
CALEA: 17.5.2 No. Pages: 5
I. PURPOSE
The purpose of this policy is to establish guidelines and procedures governing the utilization
of intranasal naloxone administered by the Fayetteville Police Department. The objective is
to reduce the number of fatalities which occur as a result of opiate overdose and protect
police department employees against accidental exposure of opiates by the proper pre -
hospital administration of intranasal naloxone.
II. DISCUSSION
This policy recognizes the Naloxone Access Act (A.C.A. § 20-13-1804), which allows a
healthcare professional acting in good faith to directly or by standing order prescribe and
dispense an opioid antagonist to a law enforcement officer or agency. It allows a person
acting in good faith, who reasonably believes that another person is experiencing an opioid-
related drug overdose, to administer an opioid antagonist that was prescribed and dispensed
by a healthcare professional under this act. Employees who administer an opioid antagonist
under this act are immune from civil liability, criminal liability, or professional sanctions for
administering, prescribing, or dispensing an opioid antagonist under this act.
III. POLICY
Naloxone will only be deployed by Fayetteville Police Department Cardiopulmonary
Resuscitation (CPR) certified employees have successfully completed the Intranasal
Naloxone Training program and have become familiar with this policy. Intranasal Naloxone
will be used for the treatment of drug overdose victims. When possible, a patrol unit shall be
dispatched to any call that relates to a drug overdose. The goal of the responding employee(s)
shall be to provide immediate assistance via the use of naloxone where appropriate, to
provide any treatment commensurate with their training as first responders, to assist other
Emergency Medical Service (EMS) or Fayetteville Fire Department (FFD) personnel on
scene, and to handle any criminal investigations that may arise.
41.3.6 Narcotic Overdose Intranasal Naloxone Page 1 of 5
IV. DEFINITIONS
A. Opiate: An opiate is a medication or drug that is derived from the opium poppy or
that mimics the effect of an opiate (a synthetic opiate). Opiate drugs are narcotic
sedatives that depress activity of the central nervous system, reduce pain, and induce
sleep. Police often encounter opiates in the form of morphine, methadone, codeine,
heroin, fentanyl, oxycodone (Oxycontin®, Percocet®, and Percodan®) and
hydrocodone (Vicodin(l).
B. Opioid Antagonist: Any drug that binds to an opioid receptor and blocks or inhibits
the effects of opioids acting on the receptor and that is approved by the United States
Food and Drug Administration for the treatment of an opioid-related drug overdose.
C. Naloxone: Naloxone is an opioid antagonist that can be used to counter the effects of
opiate overdose. Specifically, it can displace opioids from the receptors in the brain
that control the central nervous system and respiratory system.
D. Medical Control Physician: The Medical Control Physician (MCP) shall be a
designated Medical Doctor who is licensed to practice medicine in the State of
Arkansas. The Fayetteville Police Department shall maintain an affiliation with the
MCP. The Chief of Police or his/her designee shall periodically consult with the MCP
to review overall training, equipment, procedures, changes to applicable laws and
regulations and/or the review of specific medical cases. At his/her discretion, the
MCP may assist in training members of the Fayetteville Police Department.
E. Universal Precautions: Universal precautions shall mean equipment that is provided
to employees of the Fayetteville Police Department which may include but not
limited to nitrile protective gloves, eye protection, respirator masks, and Tyvek®
protective suits.
V. PROCEDURE
When an employee of the Fayetteville Police Department arrives at the scene of a medical
emergency prior to the arrival of EMS, and reasonably believes the person is suffering from
an opiate overdose, which may be indicated by, but not limited to:
A. breathing very slow or not breathing;
B. blue or purplish lips or fingernails;
C. limp;
D. pinpoint pupils;
E. vomiting or gurgling; and/or failing to respond.
Employees shall take the following steps when administering intranasal naloxone.
A. Prior to the assessment of a person, universal precautions should be employed by
responding employees.
B. Employees should conduct a medical assessment of the person to determine if he/she
is possibly encountering an opiate overdose based upon an initial assessment or
41.3.6 Narcotic Overdose Intranasal Naloxone Page 2 of 5
witness accounts to include statements made by witnesses or family members about
drug use.
C. If the employee reasonably believes there has been an opiate overdose, the naloxone
kit should be used.
D. The employee shall use the intranasal mist to administer a four (4) milligram
intranasal dose of naloxone to one (1) nostril.
E. The employee should observe for 2-3 minutes, and if no response, administer a
second four (4) milligram intranasal dose of naloxone to the opposite nostril for a
complete dosage of eight (8) milligrams.
F. Employees should be aware that a rapid reversal of an opiate overdose may cause
projectile vomiting by the person and/or violent behavior.
G. The person being treated should continue to be observed and treated as the situation
dictates.
H. The treating employee shall ensure an EMS response, informing them about the
treatment and condition of the person.
I. The employee shall not relinquish care until relieved by a person with a higher level
of training.
Police canines in the course of their duties may be exposed to an opiate and experience an
overdose. Employees shall take the following steps when administering intranasal naloxone
to police canines.
A. An employee who reasonably believes a police canine is experiencing an overdose
should use a naloxone kit.
B. The employee shall use the intranasal mist to administer a four (4) milligram
intranasal dose of naloxone to one (1) nostril.
C. The employee shall obtain medical treatment for the police canine as soon as
possible.
VI. REPORTING
A. The treating employee shall report each intranasal naloxone deployment to the
Criminal Justice Institute's Naloxone Reporting Tool at the website
https://surveys.afmc.org/surveys/?s=MTLY7L93 WW.
B. A case report of the event shall be completed by the treating employee prior to the
end of his/her shift. The report shall detail the nature of the incident, the care given,
the fact that intranasal naloxone was deployed, and confirmation the incident was
reported to the Criminal Justice Institute.
C. The patrol captain will assist the overseeing physician with a review of all overdose
reports where intranasal naloxone was used.
VII. EQUIPMENT AND MAINTENANCE
A. Uniform employees whose normal duties / assignments may require them to respond
to overdose incidents shall be required to carry or have immediately available their
issued naloxone kit. Uniform employees are exempt from this requirement:
1. By directive from the Chief of Police or his/her designee; or
41.3.6 Narcotic Overdose Intranasal Naloxone Page 3 of 5
2. If there is no method to keep the naloxone kits within the required temperature
range. These assignments include, but are not limited to: motorcycle patrol,
bike patrol, foot patrol, and employees working special events.
B. A naloxone kit shall be placed in the Records Division for utilization on people
exposed to opiates and showing overdose symptoms. Records Division employees
shall notify the Central Dispatch Center (CDC) to ensure an EMS response.
C. Evidence Division employees shall keep a naloxone kit accessible in the temperature
controlled areas of the Evidence Division and in the vehicle when transporting
evidence.
D. Crime scene technicians shall carry a naloxone kit when responding to crime scenes
and/or transporting evidence.
E. Social service advocates shall carry naloxone kit when responding to calls for service.
F. When conditions exist to keep the naloxone kits within the required temperature
range, all other department personnel who are issued naloxone kits shall have their
kits immediately available.
G. It shall be the responsibility of each employee to inspect their assigned naloxone kit
prior to the start of each shift to ensure the kit is intact.
H. If a naloxone kit is damaged, lost, stolen or defective, the employee shall submit a
memorandum through his/her chain of command.
I. The Administrative Lieutenant will track damage, lost, stolen or defective equipment.
J. Naloxone kits must not be stored in direct sunlight and must not be stored in
temperatures below 59 degrees Fahrenheit or above 86 degrees Fahrenheit. [CALEA
17.5.2]
K. The Evidence Manager will maintain an inventory documenting the quantities and
expirations of naloxone replacement supplies, and he/she will keep a log documenting
the issuance of replacement units.
VIII. REPLACEMENT
A. Employees shall notify the Evidence Division personnel and their supervisors via
email when a naloxone kit has been used.
B. The Evidence Division personnel or a department supervisor will be responsible for
replacing naloxone kits that have been used, damaged, lost, stolen or defective.
[CALEA 17.5.2]
IX. TRAINING
A. Employees shall receive a standardized training course with the curriculum developed
by the Criminal Justice Institute prior to being allowed to carry and use naloxone.
B. Employees in the Records Division, Evidence Division, crime scene technicians,
social service advocates and all sworn B ciiij,loyees shall receive refresher training
every two years.
C. The Training Division shall develop the naloxone training curriculum, ensure
employees are qualified as a trained overdose responder, and maintain all trained
overdose responder training records.
D. Training is mandatory for all sworn personnel, employees assigned to the Records
Division, Evidence Division, crime scene technicians, social service advocates and
other employees as directed by the Chief of Police or his pier designee.
41.3.6 Narcotic Overdose Intranasal Naloxone Page 4 of 5
X. MEDICAL CONTROL PHYSICIAN RESPONSIBILITIES
The Medical Control Physician, who must be an Arkansas state -licensed physician, will:
A. Provide clinical consultation, expertise and oversight of medical issues related to the
Intranasal Naloxone Program;
B. Approve training program content and protocols as needed, in consultation with the
Fayetteville Police Department Training Division supervisor;
C. Approve and provide ongoing supervision of the trainers;
D. Approve affiliated prescribers;
E. Review reports of all administration of Intranasal Naloxone with the Fayetteville
Police Department patrol captain as needed; and
F. Oversee procurement of naloxone.
41.3.6 Narcotic Overdose Intranasal Naloxone Page 5 of 5
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCED URES, AND R ULES
Effective Date:
Subject: 49.1.1 Peer to Peer Support Program November 17, 2020
Reference: FPD 1.3.6, 52.1.1, GO 21 Version: -� 2
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 stRall 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
professionals selected by the Chief of Police.
Peer to Peer Support Program Policy I 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 wee 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
1. 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
4wettgh immediately to the Chief of Police or his/her designee e1iiiiii o i' eHi I-ai+d:
(1) When there is an indication that an employee presents a clear and present
danger to himself/herself 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 monthly reports to the Chief of Police or
his/her designee. Main of eeRmnmd To ensure strict confidentiality, the report
will not include any identifying information, but will include:
(1) Number of contacts,
(2) Hours worked, and
(-3} Number of referrals. by mpei4ing en fiUffibeF Of e8fltaetS, hetws worked and
2. This policy does not alleviate the responsibilities of all employees to report acts of
misconduct as outlined in FPD Policies, Procedures, and Rules and/or violations of
law.
B. Peer to Peer Support Operation
1. The FPD PPSP is designed to assist employees with stress management, crisis
management, depression, burn -out, and 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 not designed tine)ble 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
Peer to Peer Support Program Policy 2 of 4
department directive governing discipline. The goal of 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
longevity of their careers.
miseenduet as outlined in Con Polieie , Proeedures-arrd Rui-'s:
C. Requests for Peer to Peer Services
1. The PPSP is ate -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 fnay velu„ af4y can seek the assistance or be referred to peer
support personnel through the following methods: of (itilitied peer—fin
a. By directly contacting peer support personnel;
b. Depai4meat employees ean By contacting the peer support hotline that is
operational 24 hours a every day.
(1) 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.
(2) A PPSP team member will be assigned on -call status and will be responsible
for answering the hotline when on -call.
(3) It is the responsibility of the PPSP team member to reconcile their work time
through the City's timekeeping software.
c. Department supervisors can request peer support for an employee through the
PPSP team supervisor. The employee may be displaying at least one of the
following:
(1) Uncharacteristic or repeated citizen complaints;
(2) Abrupt changes in an employee's responses or behavior such as excessive
tardiness, absenteeism, abnormal impatience, irritability or aggressiveness;
(3) Irrational or bizarre thoughts or actions;
(4) Erratic mood swings;
(5) Indications of alcohol or drug abuse;
(6) Other indications of self-destructive behavior; or
(7) Any other incident that causes abnormally strong emotional reactions or
feelings for the employee.
d. 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
and the employee has the right to refuse PPSP at any time. in question.
e. The PPSP team supervisor will ensure proper follow-up contacts are made with
employees seeking peer support.
D. Selection of Team Members
1. The selection process of team members will follow the same protocol for other
specialized assignments 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;
Peer to Peer Support Program Policy 3 of 4
c. Be recommended for the PPSP by a co-worker;
d. Have at least three years of experience at the FPD;
e. Past dise:•,l:.iar- . *iow; performance will be taken into consideration; and
Agree to maintain confidentiality as required by law. ;ti ter--tR es
pr-e�Ade4,
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.
2. PPSP team members wi14 attend training approved by the Chief of Police or
his/her designee. The training will meet the basic requirements from Arkansas Code
Annotated § 16-40-106.
B. The PPSP will shall 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. The Training Division shall educate new employees wii! ! Iv4l or-*entati a on
the FPD's health, wellness, and resiliency programs to include strategies to cope with the
common difficulties encountered during a career in law enforcement within one year of
employment.
Peer to Peer Support Program Policy 4 of 4
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCED URES, AND R ULES
Subject: 61.1.11 DWI, DUI
Reference:
CALEA: 61.1.5, 61.1.10. 6.1.9 NT
I. Purpose
Effective Date:
November 5, 2020
Version: -2 3
No. Pages: 5
The purpose of this policy is to provide guidelines to aid in the effective recognition,
apprehension and prosecution of persons who are driving under the influence of intoxicants
a4ee ^' er a,. gs This policy shall apply to all sworn members of the Fayetteville Police
Department . [CALEA 61.1. 10]
II. Policy
A. As part of its efforts to ensure the safety of motorists and pedestrians, theapot4ev41le
Poll •e'- epat4i:neiit FPD will aggressively enforce laws pertaining to traffic violations by
drivers who operate a motor vehicle while under the influence of intoxicants aleehel eI
. This effort will be undertaken in the following manner: [CALEA 61.1. 9 NT]
1. By fielding specially trained and equipped personnel;
2. By identification of these offenses as a priority enforcement activity; and
3. Participation in Driving While Intoxicated (DWI) Enforcement effort
programs, provided program and funding is available; and
4. The Patrol Captain or designee will assign selective personnel at times and
locations where analysis and history show a significant number of
violations and collisions involving impaired drivers have occurred.
B. A physical arrest is the preferred method in all cases where sufficient probable cause
exists that an operator of a motor vehicle is DWI or Driving Under the Influence (DUI .
[CALEA 61.1.5.a]
III. Procedure [CALEA 61.1.101
A. A police officer's observations are crucial in establishing the requisite probable cause
necessary to arrest a motorist for a DWI violation. Police officers must rely on their
formal training and experience, placing particular emphasis on those driving actions that
give rise to the officer's belief a motorist is driving under the influence. The following
basic detection methods should be utilized:
Conducting surveillance on a driver suspected of DWI in order to observe
his or her behavior;
61.1.11 DWI, DUI Page l of 5
2. Initiating a traffic stop after observing a moving or equipment violation;
3. Observing the actions of drivers during accident investigations; and
4. Acting upon the reports of witnesses in regard to erratic or improper
vehicle operation.
B. After the decision has been made to stop a motorist suspected of DWI, the officer shall
follow departmental procedures for initiating a misdemeanor traffic stop. Certain
guidelines and competent evidence must be used to support an arrest, including the
following:
1. Fully document all observations related to driver behavior, make sure to
note erratic or improper vehicle operation, and utilize body -worn camera
(BWC) and digital mobile video recorders (DMVR) an 4ime M,ai able.
2. Note any observations concerning the physical, mental, or emotional
condition of the driver, aside from those concerned with vehicle operation,
that add to the suspicion of intoxication and/or impairment. (Example:
odor of intoxicants, slurred speech, bloodshot eyes, general appearance,
etc.)
3. Closely observe driver for signs of impairment of physical or mental
functions, as evidenced by poor coordination, equilibrium, or
comprehension; or a lack of concentration or confusion. Note if the driver
has difficulty following simple instructions, answering questions, or
fumbling with wallet or papers.
4. Use of testimony by witness/es who observed the driver's behavior to
establish operation and to describe erratic vehicle operation if noted.
(Usually related to a traffic accident.)
C. After making contact with a person suspected of DWI, officers a-e shall st-Fengl3�
eneeufaged to conduct standardized field sobriety or performance tests to support
their probable cause a person is under the influence of some type of intoxicant or- d1%
unless the person is unwilling or unable to perform field sobriety tests. Sworn employees
shall be trained and certified in the following validated tests through the The f llew fig
tests are eeFtified fer- use by th-e National Highway Traffic Safety Administration to
determine probable cause indicative of a lack of sobriety:
1. Horizontal Gaze Nystagmus Test; Walk as T,,,-.,. Toss;
2. Walk and Turn Test; and One Leg Stand Test; and-
3. One -Leg Stand Test. Her-izental Gaze Nyst,. mum Test.
Officers are not limited to conducting only these tests. Any other tests, such as
alphanumeric tests, finger to nose test, or others that will support probable cause that a
person is under the influence may be utilized. Officers should shall record these tests on
their BWC or DMVR .. .move f available (see G.O. # FPD General Order 22 (Digital
Mobile Video Recorders) and FPD Policy 41.3.8 (Body -Worn Camera).
61.1.1 l DWI, DUI Page 2 of 5
D. If after conducting field sobriety tests, an officer has sufficient probable cause to believe
a driver has sensumed ingested a substance that is impairing his or her ability to operate a
motor vehicle or motorboat, the officer shall arrest the driver following standard arrest
procedures. The officer will request the driver submit to a chemical analysis in
accordance with the Implied Consent Law.
E. Upon arrival at the testing facility, the officer shall inform the arrested individual of his
or her rights pertaining to the breath test, pursuant to Act 549 of 1983, also known as the
Omnibus DWI Act. This statement of rights pertaining to DWI or DUI cites the
following:
1. Implied consent statute;
2. Type of chemical analysis to be utilized;
3. Refusal to submit to breath or urine tests ;
4. Right to an additional test by a qualified person; and
5. After taking an additional test, if found not guilty, the Fayetteville Poke
DepaA+aen4 FPD will reimburse the person for the cost of the additional
test.
F. Arkansas' Implied Consent Law, §5-65-202, states that any person who operates a motor
vehicle or is in actual physical control of a motor vehicle in this state shall be deemed to
have given consent to undergo one or more chemical tests of his/her blood, breath, saliva,
or urine for the purpose of determining the alcohol concentration.
G. Pursuant to Arkansas §5-65-203, which governs the administration of chemical tests, the
law enforcement agency that employs the arresting officer shall designate which test shall
be administered. The FayetteN,ille Pence Depa.tmeat FPD shall utilize chemical testing
in the following order of preference:
1. Breath Test - If the arresting officer believes the offender is seMy under
the influence of a4eehel intoxicants, a formalized breath test will be
conducted. The breath test will be the preferred test utilized by the
Fayet+eyille Rehee ns...,,-►... eat FPD.
'QFug
3. Urine Test — If the arresting officer, after completing the breath test,
believes the level of impairment does not match the breath test results, an
officer certified as a drug recognition expert (DRE) should be contacted If
nti solely ffem d
a DRE should be eenta and a complete drug recognition examination
should be conducted. As a portion of this examination, a urine sample will
be collected in accordance with methods set forth by the DRE.
4. Blood Test A blood test shall only be administered by a trained
professional in a medical facility and shall only be obtained by consent or
with a signed search warrant for the subject's blood. Blood should be
61.1.11 DWI, DUI Page 3 of 5
obtained in the following circumstances:
a) The offender's refusal to submit to other chemical tests.
b) A DWI investigation where the suspect is taken to a medical facility.
c) The arresting officer has reason to believe the offender is under the
combination of intoxicants where the level of intoxication does not
match the breath results and urine cannot be provided.
d) When the driver of the motor vehicle is involved in an accident
resulting in the loss of human life or when there is reason to believe
death may result, a chemical test of the driver's blood, breath or urine
shall be administered to the driver, even if fatally injured, to determine
the presence of and percentage of concentration of alcohol or the
presence of drugs or both, in the driver's body (A.C.A. §5-65-208).
H. A certified officer will conduct the breath test and shall be responsible for completing all
pertinent information and logbook requirements in a timely manner.
I. The arresting officer is responsible for the disposition of all evidence collected as a result
of the administration of a blood test. The blood vials will be placed in the custody of the
Property and Evidence Division in accordance with FPD Policy 84.1.1 (Property
Management; Acquired & In -Custody). Blood samples shall be submitted for processing
in the following manner:
Aleekel 04y
a. Samples will be submined to the AAaasas State Crime Lahor-afor-y
to the Dropert., and Evidence il:.,:..:....
sml e. Arkansas nepai4 ,,e.,t of Health, h__. issi .., f ....,., to be ....i......:tte.7 .
addition te the FPD Evideflee submissieft Fe
1. Alcohol and/or Drugs:
a. Samples will be submitted to the Arkansas State Crime Laboratory for
analysis. The a esting ,,fi er . .St C-Offlplete : addition to the con
b. An Arkansas State Crime Laboratory Evidence Submission Form and
the FPD Evidence Submission Form must be completed and submitted
to the Property and Evidence Division.
c. The officer must document chain of custody information within the
narrative of their report. Since ehai.. of eustedy f rm: et : eluded
:ti. the State r..:.,,e Lab s..1... issien f f:m a ffiee....., M! inalude the
J. The PFUg Reeegaition Expeft4l)RE) who administers the drug recognition evaluation
shall be responsible for properly submitting the urine sample to the eustedy e€ ke
Evi enee Custodian Property and Evidence Division:
61.1.11 DWI, DUI Page 4 of 5
1. The urine sample container shall be sealed with a biohazard label and then
heat -sealed in a polyethylene bag before placing it in the secured
refrigerateder evidence locker.
2. In addition to the FPD Evidence Submission Form, a the Arkansas State
Crime Laboratory Evidence Submission Form shall be completed.
3. £inee no ehain of eust„a c saa is in, hided with the � .h. State G...
as L AVM, lVl~„ [.] Tl-{V �� {AW
Laboratm--y-F-videii,ce I I ubmissien Fbfm-, The DRE shall document inslude
the chain of custody information within the narrative of his report.
K. When a driver of a motor vehicle submits to a chemical analysis at the request of a
Fayetteville police officer, the driver then has the right to request an additional chemical
test of their choosing. Pursuant to state law, if this request is made, the arresting officer
must assist the driver in obtaining the type of test that he or she has requested at the
driver's expense. Officers must advise the person being tested that if they take an
additional test and are found not guilty, the FPD will
reimburse the person the cost of the additional test.
L. The arresting officer shall be responsible for delivering the arrested driver to the
Washington County Detention Center Jai4 in accordance with FPD Policy 71.1.1
(Detainee Transportation) retier4in s Y::se ;eeF kaAling and -tFansPn. The arresting
officer shall ensure that all appropriate intake forms, probable cause affidavits, and
citations are completed at the time of booking.
M. After the offender is arrested and secured, the arresting officer will be responsible for
securing the arrested driver's vehicle. The arresting officer shall have the choice of
vehicle impoundment, authorized release to a sober person third pafty apossessing a
valid driver's license at the request of the arrested person, or secure and leave the vehicle
at the place of arrest with authorization from the arrested person.
N. The arresting officer shall submit the following paperwork, per established departmental
procedures if applicable:
1. Arkansas Statement of Rights Form;
3. Arkansas State Crime Laboratory Evidence Submission Form;
4. FPD Evidence Submission Form;
5. BAC results; and
6. State of Arkansas Department of Finance and Administration - Omnibus
DWI Law Official Driver License Receipt and Notice of
Suspension/Revocation Form - Yellow Copy
O. The arresting officer shall retain possession of the arrested person's driver's license and
61.1.11 DWI, DUI Page 5 of 5
submit it along with the completed State of Arkansas Department of Finance and
Administration — Omnibus DWI Law Official Driver License Receipt and Notice of
Suspension/Revocation Form. After completion, the white copy and yellow copy along
with the driver's license will be placed in the Records Division ouf Reeerzds' mailbox.
The two pink pages of this form shall be given to the driver as a receipt for his or her
driver's license. The Warrants Division is responsible for ensuring the Official Driver
License Receipt and Notice of Suspension/Revocation or Disqualification of Driving
Privilege form is routed to the appropriate agency.
P. Officers should always be prepared to testify as to the level of intoxication observed at
the time and not depend solely on the results of the chemical analysis.
61.1.11 DWI, DUI Page 6 of 5