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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� S �t'- • �` �� • N. 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