Policy
218
Alameda Police Department
Alameda Police Department Policy Manual
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 1 License to Carry a Firearm
218.1 PURPOSE AND SCOPE
The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (Penal Code § 26150; Penal Code § 26155). This policy will provide a written process for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this policy shall be made accessible to the public.
218.1.1 APPLICATION OF POLICY
Nothing in this policy shall preclude the Chief or other head of a municipal police department department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police department department to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155).
218.2 POLICY
The Alameda Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy.
218.3 QUALIFIED APPLICANTS
In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including:
(a) Be a resident of the City of Alameda (Penal Code § 26150; Penal Code § 26155). (b) Be at least 21 years of age (Penal Code § 29610).
(c) Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Public Records Act.
(d) Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted.
(e) Be of good moral character (Penal Code § 26150; Penal Code § 26155). (f) Show good cause for the issuance of the license (Penal Code § 26150; Penal Code § 26155).
(g) Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied.
(h) Provide proof of ownership or registration of any firearm to be licensed. (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190).
(j) Complete required training (Penal Code § 26165).
Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 2 218.4 APPLICATION PROCESS
The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied. 218.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a) Any individual applying for a license to carry a firearm shall first fully complete a California Department of Justice (DOJ) application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180).
1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination, at no cost to the applicant.
2. If an incomplete application package is received, the Chief of Police or the authorized designee may do any of the following:
(a) Require the applicant to complete the package before any further processing.
(b) Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions.
(c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause).
(b) At the time the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the City of Alameda for a nonrefundable 20 percent of the application fee to cover the cost of processing the application (Penal Code § 26190).
1. Additional fees may be required for fingerprinting, training , or psychological testing, in addition to the application fee.
2. Full payment of the remainder of the application fee will be required upon issuance of a license.
3. Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 26170).
(c) The applicant shall be required to submit to fingerprinting and a complete criminal background check by the California DOJ. A second set of fingerprints may be required for retention in department files. Two recent passport-size photos (2 inches by 2 inches) of the applicant shall be submitted for department use. No person determined to fall within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, or Welfare and Institutions Code § 8103 will be Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 3 issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26195). (d) The applicant should submit at least three signed letters of character reference from individuals other than relatives.
(e) The applicant shall submit proof of ownership or registration of each firearm to be licensed.
Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied.
In the event that an application is denied at the conclusion of, or during, phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s applicant's criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).
218.4.2 PHASE TWO
This phase is to be completed only by those applicants successfully completing phase one. (a) Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or the authorized designee. During this stage, there will be further discussion of the applicant’s statement of good cause and any potential restrictions or conditions that might be placed on the license. (b) The determination of good cause should consider the totality of circumstances in each individual case. Any denial for lack of good cause should be rational, articulable and not arbitrary in nature. The Alameda Police Department will provide written notice to the applicant as to the determination of good cause (Penal Code § 26202). The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Alameda Police Department for psychological testing. The cost of such psychological testing (not to exceed $150) shall be paid by the applicant. The purpose of any such psychological testing is intended only to identify any outward indications or history of psychological problems that might render the applicant unfit to carry a firearm. This testing is not intended to certify in any other respect that the applicant is psychologically fit. If it is determined that the applicant is not a suitable candidate for carrying a firearm, the applicant shall be removed from further consideration (Penal Code § 26190). (c) The applicant shall complete a course of training approved by the department, which complies with Penal Code § 26165 . The applicant will not be required to complete and pay for any training courses prior to any determination of good cause (Penal Code § 26165; Penal Code § 26202).
(d) The applicant shall submit any firearm to be considered for a license to the Rangemaster or other department authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 4 firearm that has been altered from the manufacturer’s manufacturer's specifications or that is unsafe (Penal Code § 31910).
(e) The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Rangemaster, or provide proof of successful completion of another department-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/ examination shall be the responsibility of the applicant.
Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied.
Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s applicant's criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).
218.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses (Penal Code § 26150). Therefore, such applicants may be referred to the Sheriff for processing.
An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of working hours in the applicant’s principal place of employment or business within the City of Alameda (Penal Code § 26150).
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220).
(c) The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d) Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 218.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses (Penal Code § 26150). Therefore, such applicants may be referred to the Sheriff for processing.
Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
Copyright Lexipol, LLC 2022/07/27, All Rights Reserved.
Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 5 An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of working hours in the applicant's principal place of employment or business within the City of Alameda (Penal Code § 26150).
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220).
(c) The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d) Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 218.6 ISSUED FIREARMS PERMITS
In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply:
(a) The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry the firearm.
1. All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200).
2. The licensee will be required to sign a Restrictions and Conditions Agreement.
Any violation of any of the restrictions and conditions may result in the immediate revocation of the license.
(b) The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions, and other pertinent information clearly visible.
1. Each license shall be numbered and clearly identify the licensee.
2. All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer.
(c) The license will be valid for a period not to exceed two years from the date of issuance (Penal Code § 26220).
1. A license issued to a state or federal magistrate, commissioner, or judge will be valid for a period not to exceed three years.
2. A license issued to any reserve peace officer as defined in Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5 will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual’s individual's conclusion of service as a reserve officer.
Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 6 (d) If the licensee’s licensee's place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210).
(e) The licensee shall notify this department department in writing within 10 days of any change of place of residency.
218.6.1 LICENSE RESTRICTIONS
(a) The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from:
1. Consuming any alcoholic beverage while armed.
2. Falsely representing him/herself as a peace officer.
3. Unjustified or unreasonable displaying of a firearm.
4. Committing any crime.
5. Being under the influence of any medication or drug while armed.
6. Interfering with any law enforcement officer’s duties.
7. Refusing to display his/her license or firearm for inspection upon demand of any peace officer.
8. Loading the permitted firearm with illegal ammunition. (b) The Chief of Police reserves the right to inspect any license or licensed firearm at any time.
(c) The alteration of any previously approved firearm including, but not limited to adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation.
218.6.2 AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Alameda Police Department in order to (Penal Code § 26215):
(a) Add or delete authority to carry a firearm listed on the license. (b) Change restrictions or conditions previously placed on the license. (c) Change the address or other personal information of the licensee (Penal Code § 26210).
In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.
Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 7 218.6.3 REVOCATION OF LICENSES
Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons:
(a) The licensee has violated any of the restrictions or conditions placed upon the license. (b) The licensee becomes psychologically unsuitable to carry a firearm. (c) The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103, or any state or federal law.
(d) The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license. (e) If the license is one to carry “loaded "loaded and exposed,” " the license shall be revoked immediately upon a change of the licensee’s licensee's place of residence to another county (Penal Code § 26210).
The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment, or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein.
If any license is revoked, the Alameda Police Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225).
218.6.4 LICENSE RENEWAL
No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by:
(a) Verifying all information submitted in the original application under penalty of perjury. (b) Completing a department-approved training course pursuant to Penal Code § 26165. The applicant shall not be required to pay for a training course prior to the determination of good cause (Penal Code § 26165).
(c) Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s manufacturer's specifications or that is unsafe (Penal Code § 31910).
(d) Paying a non-refundable renewal application fee.
Once the Chief of Police or the authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied.
Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal.
Whether an application for renewal is approved or denied, the applicant shall be notified in writing within 90 days of the renewal application or within 30 days after receipt of the applicant’s applicant's criminal background check from the California DOJ, whichever is later (Penal Code § 26205).
Alameda Police Department
Alameda Police Department Policy Manual
License to Carry a Firearm
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Published with permission by Alameda Police Department ***DRAFT*** License to Carry a Firearm - 8 218.7 ALAMEDA POLICE DEPARTMENT REPORTING AND RECORDS Pursuant to Penal Code § 26225, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the California DOJ:
(a) The denial of a license
(b) The denial of an amendment to a license
(c) The issuance of a license
(d) The amendment of a license
(e) The revocation of a license
The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 218.8 CONFIDENTIAL RECORDS
The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner or judge contained in an application shall not be considered public record (Government Code § 6254(u)(2)).
Any information in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)).
Policy
310
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2022/07/27, All Rights Reserved.
Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 1 Officer-Involved Shootings and Deaths
310.1 PURPOSE AND SCOPE
The The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other another action of an officer an officer.
In other incidents not covered by this policy, the Chief Chief of Police Police may decide that the investigation will follow the process provided in this policy. 310.2 POLICY
The policy of the Alameda Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 310.3 TYPES OF INVESTIGATIONS
Officer-involved shootings and deaths involve several separate investigations. The investigations may include:
• A criminal investigation of the suspect’s actions.
• A criminal investigation of the involved officer’s actions. • An administrative investigation as to policy compliance by involved officers. • A civil investigation to determine potential liability. 310.3.1 ALAMEDA POLICE DEPARTMENT OFFICER WITHIN JURISDICTION The Alameda Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. 310.3.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Alameda Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. The officer's employing agency will be responsible for any civil and/or administrative investigation(s).
310.3.3 ALAMEDA POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Alameda Police Department will conduct timely civil and/or administrative investigations.
Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 2 310.3.4 INVESTIGATION CHART
Criminal
Investigation
of Suspect(s)
Criminal
Investigation
of Officer(s)
Civil Investigation Administrative
Investigation
APD Officer in
This Jurisdiction
APD Investigators District
Attorney's Office
APD Civil
Liability Team
APD Inspectional
Services
Allied Agency's
Officer in This
Jurisdiction
APD Investigators District
Attorney's Office
Involved Officer's
Department
Involved Officer's
Department
APD Officer
In Another
Jurisdiction
Agency where
incident occurred
Decision made
by agency where
incident occurred
APD Civil
Liability Team
APD Inspectional
Services
310.4 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
310.4.1 UNINVOLVED OFFICER RESPONSIBILITIES
Upon arrival at the scene of an officer-involved shooting, the first uninvolved APD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved.
This officer should, as appropriate:
(a) Secure the scene and identify and eliminate hazards for all those involved. (b) Take reasonable steps to obtain emergency medical attention for injured individuals. (c) Request additional resources from the Department or other agencies. (d) Coordinate a perimeter or pursuit of suspects.
(e) Check for injured persons and evacuate as needed.
(f) Brief the supervisor upon arrival.
310.4.2 WATCH COMMANDER RESPONSIBILITIES
Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Bureau Commander.
All outside inquiries about the incident shall be directed to the Watch Commander. 310.4.3 NOTIFICATIONS
The following person(s) shall be notified as soon as practicable:
• Chief of Police
• Bureau Commander
• OIS Protocol rollout team
• Outside agency investigator (if appropriate)
Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 3 • Professional Standards Unit supervisor
• Civil liability response team
• Psychological/peer support personnel
• Chaplain
• Coroner (if necessary)
• Involved officer's agency representative (if requested) • Public Information Officer
310.4.4 SUPERVISOR RESPONSIBILITIES
Upon arrival at the scene, the first uninvolved APD supervisor should ensure completion of the duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.
1. In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.
(b) If necessary, the supervisor may administratively order any APD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects.
1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information.
2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c) Provide all available information to the Watch Commander and the Communications Center. If feasible, sensitive information should be communicated over secure networks.
(d) Take command of and secure the incident scene with additional APD members until properly relieved by another supervisor or other assigned personnel or investigator. (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction.
1. Each involved APD officer should be given an administrative order not to discuss the incident with other involved officers or APD members pending further direction from a supervisor.
2. When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers.
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Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 4 310.4.5 INVOLVED OFFICERS
The following shall be considered for the involved officer:
(a) Any request for legal or union representation will be accommodated.
1. Involved APD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.
2. Requests from involved non-APD officers should be referred to their employing agency.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d) A licensed psychotherapist shall be provided by the Alameda Police Department to each involved APD officer. A licensed psychotherapist may also be provided to any other affected APD members, upon request.
1. Interviews with a licensed psychotherapist will be considered privileged.
2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.
3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy).
Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer (Government Code § 8669
(e) .4). Communications between the involved officer and a peer support member are addressed in the Wellness Program Policy.
Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it.
Each involved APD officer shall be given reasonable paid administrative leave following an officer- involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave.
310.4.6 NOTIFICATION TO DEPARTMENT OF JUSTICE
The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Watch Commander should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed.
For purposes of notification, “unarmed civilian” means anyone who is not in possession of a deadly weapon (Government Code § 12525.3).
Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 5 310.5 CRIMINAL INVESTIGATION
The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.
If available, investigative personnel from this Department department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.
Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews.
The following shall be considered for the involved officer:
(a) APD supervisors and Professional Standards Unit personnel should not participate directly in any voluntary interview of APD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her the officer's choosing or an attorney prior to speaking with criminal investigators (Government Code § 3303(i)) . However, in order to maintain the integrity of each involved officer’s officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed.
(c) If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.
310.5.1 REPORTS BY INVOLVED APD OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this Department shall retain the authority to require involved APD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).
While the involved APD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/ witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.
Nothing in this section shall be construed to deprive an involved APD officer of the right to consult with legal counsel prior to completing any such criminal report.
Alameda Police Department
Alameda Police Department Policy Manual
Officer-Involved Shootings and Deaths
Copyright Lexipol, LLC 2022/07/27, All Rights Reserved.
Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 6 Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death.
310.5.2 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following:
(a) Identification of all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.
2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department.
1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c) Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.
310.5.3 INVESTIGATIVE PERSONNEL
Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigations Commander to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.
All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Investigations supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Bureau Commander.
310.6 ADMINISTRATIVE INVESTIGATION
In addition to all other investigations associated with an officer-involved shooting or death, this Department will conduct an internal administrative investigation of APD officers to determine Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 7 conformance with Department policy. The investigation will be conducted under the supervision of the Professional Standards Unit and will be considered a confidential officer personnel file.
Interviews of members shall be subject to Department policies and applicable laws (see the Personnel Complaints Policy).
(a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.
1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.
(c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.
1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview.
2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)).
3. Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)).
4. The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/ her Lybarger or Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.
5. The Professional Standards Unit shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.
6. Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy.
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7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.
310.7 AUDIO AND VIDEO RECORDINGS
Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports.
Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor.
Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney’s Office, as appropriate.
310.8 ADMINISTRATIVE RESPONSIBILITIES
Any officer involved in a deadly force incident which results in serious bodily injury or death shall be placed on "Administrative Leave" upon completion of a preliminary report of the incident. This leave shall be without loss of pay or benefits, pending the results of the investigation. The assignment to Administrative Leave shall not be interpreted to imply or indicate that the officer's actions were improper.
While on Administrative Leave the officer shall remain available during the normal business day for official Department interviews and statements regarding the incident, and shall be subject to recall to duty at any time.
In all cases where any person has been seriously injured or killed as a result of actions by a police officer, the involved officer will be required to undergo a debriefing with a professional counselor supplied by the City, as soon as possible. The purpose of this debriefing is to allow the officer to express his/her feeling and to deal with the moral, ethical and/or psychological after effects of the incident. The debriefing session will remain protected by the privileged physician-patient relationship.
310.9 REPORTING
If the death of an individual occurs in the Alameda Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Field Services Bureau Commander will ensure that the Records Supervisor is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525).
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Any media release shall be prepared with input and concurrence from the supervisor and Department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Criminal Investigations Bureau Commander and Public Information Officer in the event of inquiries from the media.
The Department shall not subject any involved APD officer to visits by the media (Government Code § 3303(e)). No involved APD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Bureau Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.
310.11 DEBRIEFING
Following Following an officer-involved shooting or death, the Alameda Alameda Police Department Department should conduct both a critical incident/stress debriefing Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings.
310.11.1 TACTICAL DEBRIEFING
A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators.
310.11.2 CRITICAL INCIDENT/STRESS DEBRIEFING
A critical incident/stress debriefing should occur as soon as practicable. The Operations Bureau Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event.
The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order.
Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., dispatchers, other professional staff).
Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Professional Standards Unit personnel.
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Published with permission by Alameda Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 10 310.12 CIVIL LIABILITY RESPONSE
A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Alameda Police Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.
All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations.
Policy
468
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 1 First Amendment Assemblies
468.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations. 468.2 POLICY
The Alameda Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 468.3 GENERAL CONSIDERATIONS
Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to:
• Lawful, constitutionally protected actions and speech. • Civil disobedience (typically involving minor criminal acts). • Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property.
Officers should not:
(a) Engage in assembly or demonstration-related discussion with participants. (b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest.
Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate.
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 2 468.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS
Photographs and Photographs and video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating department department performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious , or social views of associations, or the activities of any individual, group, association, organization, corporation, business, or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 468.4 UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be impacted • Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to the Communications Center, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 468.5 PLANNED EVENT PREPARATION
For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events.
468.5.1 INFORMATION GATHERING AND ASSESSMENT
In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated with the event or similar events.
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 3 • The potential time, duration, scope, and type of planned activities. • Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 468.5.2 OPERATIONAL PLANS
An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide for:
(a) Command assignments, chain of command structure, roles and responsibilities. (b) Staffing and resource allocation.
(c) Management of criminal investigations.
(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields). (e) Deployment of specialized resources.
(f) Event communications and interoperability in a multijurisdictional event. (g) Liaison with demonstration leaders and external agencies. (h) Liaison with City government and legal staff.
(i) Media relations.
(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k) Traffic management plans.
(l) First aid and emergency medical service provider availability. (m) Prisoner transport and detention.
(n) Review of policies regarding public assemblies and use of force in crowd control. (o) Parameters for declaring an unlawful assembly.
(p) Arrest protocol, including management of mass arrests. (q) Protocol for recording information flow and decisions. (r) Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s) Protocol for handling complaints during the event.
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 4 (t) Parameters for the use of body-worn cameras and other portable recording devices. 468.5.3 MUTUAL AID AND EXTERNAL RESOURCES
The The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy).
468.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS
If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event.
Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order.
468.7 USE OF FORCE
Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and Conducted Energy Devices should be considered only when the participants’ conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and Techniques and the Conducted Energy Device policies).
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 5 Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd.
Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report. The type of report required may depend on the nature of the incident.
468.8 ARRESTS
The Alameda Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of officers and arrestees. (b) Dedicated arrest, booking and report writing teams. (c) Timely access to medical care.
(d) Timely access to legal resources.
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the Cite and Release Policy).
468.9 MEDIA RELATIONS
The Public Information Officer should use all available avenues of communication, including press releases, briefings, press conferences, and social media to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the Media Relations Policy).
468.9.1 MEDIA ACCESS
If officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged in a protected activity pursuant to the First Amendment, officers shall comply with the requirements of Penal Code § 409.7 relating to media access (i.e., access to closed areas, obtaining information) (Penal Code § 409.7).
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 6 468.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. 468.11 POST EVENT
The Incident Commander should designate a member to assemble full documentation of the event, to include the following:
(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports (f) Photographs, audio/video recordings, the Communications Center records/tapes (g) Media accounts (print and broadcast media)
468.11.1 AFTER-ACTION REPORTING
The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, explaining all incidents where force was used including the following:
(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests) (c) Problems identified
(d) Significant events
(e) Recommendations for improvement; opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances.
468.12 TRAINING
Alameda Police Department members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management (Penal Code § 13514.5). The Alameda Police Department should, when practicable, train with its external and mutual aid partners.
Officers should also receive periodic training on the standards for the use of kinetic energy projectiles and chemical agents for crowd control purposes as identified in Penal Code § 13652.
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 7 468.13 USE OF KINETIC ENERGY PROJECTILES AND CHEMICAL AGENTS FOR
CROWD CONTROL
Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (Penal and in accordance with the following requirements of Penal Code § 13652). . (a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals. (e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:
1. A violation of an imposed curfew.
2. A verbal threat.
3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use. 468.13.1 USE SUMMARY
The Field Services Bureau Commander or the authorized designee should ensure that a summary of each deployment of kinetic energy projectiles or chemical agents for crowd control purposes Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** First Amendment Assemblies - 8 is prepared and published on the department website within 60 days of each incident. The time frame may be extended for another 30 days where just cause is demonstrated, but no longer than 90 days from the time of the incident. The summary shall be limited to the information known to the Alameda Police Department at the time of the report and include the information required in Penal Code § 13652.1.
Policy
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 1 Recruitment and Selection
1000.1 PURPOSE AND SCOPE
The employment policy of the City of Alameda shall provide equal opportunities for applicants and its employees regardless of race, sexual orientation, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, marital status, military or veteran status, or sex, and shall not show partiality or grant any special favors to any applicant, employee or group of employees. The rules governing employment practices for this department are maintained by the Alameda Department of Human Resources.
1000.2 POLICY
In accordance with applicable federal, state, and local law, the Alameda Police Department provides equal opportunities for applicants and employees regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. The Alameda Police Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.
The Alameda Police Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards.
1000.3 RECRUITMENT
The Administration Bureau Commander should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy should include:
(a) Identification of racially and culturally diverse target markets. (b) Use of marketing strategies to target diverse applicant pools. (c) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military. (e) Employee referral and recruitment incentive programs. (f) Consideration of shared or collaborative regional testing processes.
The Administration Bureau Commander shall avoid advertising, recruiting and screening practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory manner.
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 2 The Alameda Police Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of his/her status in the recruiting process. 1000.4 SELECTION PROCESS
The Alameda Police Department shall actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the Alameda Police Department should employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record)
1. The personnel records of any applicant with prior peace officer experience in this state shall be requested from the appropriate law enforcement agency and reviewed prior to extending an offer of employment (Penal Code § 832.12).
2. This includes review of prior law enforcement employment information maintained by POST (Penal Code § 13510.9).
(b) Driving record
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents consistent with Labor Code § 1019.1. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.)
(g) Local, state, and federal criminal history record checks (h) Lie detector test (when legally permissible) (Labor Code § 432.2) (i) Medical and psychological examination (may only be given after a conditional offer of employment)
(j) Review board or selection committee assessment
1000.4.1 VETERAN’S PREFERENCE
Qualifying veterans of the United States Armed Forces who receive a passing score on an entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent disabled veteran (Government Code § 18973.1).
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 3 1000.5 BACKGROUND INVESTIGATION
Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the Alameda Police Department (11 CCR 1953).
The narrative report and any other relevant background information shall be shared with the psychological evaluator. Information shall also be shared with others involved in the hiring process if it is relevant to their respective evaluations (11 CCR 1953). 1000.5.1 NOTICES
Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and the California Investigative Consumer Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16). 1000.5.1 INVESTIGATOR TRAINING
Background investigators shall complete POST-certified background investigation training prior to conducting investigations (11 CCR 1953; 11 CCR 1959).
1000.5.2 STATE NOTICES
If information disclosed in a candidate’s criminal offender record information (CORI) is the basis for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal Code § 11105).
1000.5.3 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the Administration Bureau Commander shall not require candidates to provide passwords, account information, or access to password-protected social media accounts (Labor Code § 980).
The Administration Bureau Commander should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches, and/or review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate, and validated. (c) The Alameda Police Department fully complies with applicable privacy protections and local, state, and federal law.
Regardless of whether a third party is used, the Administration Bureau Commander should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
1000.5.4 DOCUMENTING AND REPORTING
The background investigator shall summarize the results of the background investigation in a narrative report that includes sufficient information to allow the reviewing authority to decide Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 4 whether to extend a conditional offer of employment. The report shall reference the Background Investigation Dimensions and include any findings of behaviors, traits, and/or attributes relevant to bias per the Bias Assessment Framework as described in the POST Background Investigation Manual. The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation shall be included in the candidate’s candidate's background investigation file (11 CCR 1953). 1000.5.5 RECORDS RETENTION
The background report and all supporting documentation shall be maintained for a minimum of four years and in accordance with the established records retention schedule (Government Code § 12946; 11 CCR 1953).
1000.5.6 BACKGROUND INVESTIGATION UPDATE
A background investigation update may, at the discretion of the Chief of Police, be conducted in lieu of a complete new background investigation on a peace officer candidate who is reappointed within 180 days of voluntary separation from the Alameda Police Department, or who is an interim police chief meeting the requirements contained in 11 CCR 1953(f). 1000.6 DISQUALIFICATION GUIDELINES
As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public • Likelihood of recurrence
• Relevance of past behavior to public safety employment • Aggravating and mitigating factors
• Other relevant considerations
A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework.
1000.7 EMPLOYMENT STANDARDS
All candidates shall meet the minimum standards required by state law (Government Code § 1029; Government Code § 1031; Penal Code § 13510.1; 11 CCR 1950 et seq.). Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the Alameda Police Department and the community.
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 5 The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which is used as a professional standard in background investigations.
Validated, job-related, and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Department of Human Resources should maintain validated standards for all positions.
1000.7.1 STANDARDS FOR DISPATCHER
Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):
(a) A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957) (b) An oral communication assessment (11 CCR 1958)
(c) A medical evaluation (11 CCR 1960)
1000.7.2 STANDARDS FOR OFFICERS
Candidates shall meet the minimum standards established by POST or required by state law (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.):
(a) Free of any felony convictions
(b) Citizen of the United States, or permanent resident eligible for and has applied for citizenship
(c) At least 21 years of age except as provided by Government Code § 1031.4 (d) Fingerprinted for local, state, and national fingerprint check (e) Good moral character as determined by a thorough background investigation (11 CCR 1953)
(f) High school graduate, passed the GED or other high school equivalency test, or obtained a two-year, four-year, or advanced degree from an accredited or approved institution
(g) Free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation which might adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955) (h) Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.):
1. Reading and writing ability assessment (11 CCR 1951)
2. Oral interview to determine suitability for law enforcement service (11 CCR 1952)
(i) POST certification that has not been revoked, denied, or voluntarily surrendered pursuant to Penal Code § 13510.8(f)
(j) Not identified in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or similar federal government Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 6 database that reflects revoked certification for misconduct or reflects misconduct that would result in a revoked certification in California.
In addition to the above minimum POST required standards, candidates may be subjected to additional standards established by the Alameda Police Department (Penal Code § 13510(d)).
Policy
1002
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Published with permission by Alameda Police Department ***DRAFT*** Evaluation of Employees - 1 Evaluation of Employees
1002.1 PURPOSE AND SCOPE
The Alameda Police Department’s employee performance evaluation system is designed to record work performance for both the Alameda Police Department and the employee, providing recognition for good work and developing a guide for improvement. 1002.2 POLICY
The Alameda Police Department utilizes a performance evaluation report from Benchmark Analytics to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion, and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards.
The Alameda Police Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee's position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
1002.3 FULL TIME PROBATIONARY PERSONNEL
Professional Staff personnel are on probation for 12 months before being eligible for certification as permanent employees. An evaluation is completed monthly for all full-time professional staff personnel during the probationary period.
Sworn personnel are on probation for 24 months before being eligible for certification as permanent employees. Lateral sworn police employees who possess, at minimum, a Basic POST Certificate are on probation for 12 months before being eligible for certification as a permanent employee. Probationary officers are evaluated daily, weekly and monthly during the probationary period.
1002.4 DIVISION FILES
To attain uniformity, and to preclude the practice of duplicate or unnecessary record keeping, the following policy is implemented:
Transfers - If an employee is transferred to another Division or unit, his Division files shall accompany him/her, provided that they are of use to the new supervisor. If such files are of no further use they are to be destroyed. Duplicate files are not necessary and shall not be kept.
Termination - If an employee quits or is terminated, his/her Divisional files shall be closed out immediately. Materials no longer needed shall be destroyed. Items of informational value which are to be kept shall be forwarded to the Chief's office for inclusion in the former employee's closed Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Evaluation of Employees - 2 personnel file. There shall be only one closed file on former employees and no information shall be released from the closed files except with direct authorization from the Chief of Police.
Current Employees - Divisional files are kept only for the convenience of the respective units.
Supervisors must keep them current and must not allow them to become repositories of out-dated or worthless information. In no event should information be released to outside inquirers from the informal Divisional files unless specifically authorized by the Divisional Commander 1002.4.1 RATINGS
When completing the Employee Performance Evaluation, the rater will evaluate each employee on a 1-5 basis ark in the column that best describes the employee's performance. The rater will give an overall rating of the employee's performance. The definition of each rating category is as follows:
Superior Outstanding - The employee's performance consistently exceeds the performance well beyond that required for the position. It is exceptional performance, definitely superior or extraordinary.
Above Average Exceeds Standards - The employee accomplishes more than what is expected.
They consistently and frequently exceed the job requirements. Represents performance that is better than expected of a fully competent employee. It is superior to what is expected, but is not of such rare nature to warrant outstanding.
Average Meets Standards - The employee is doing a satisfactory job. Performance is what is expected of a qualified person in their assigned position. Is the performance of a fully competent employee. It means satisfactory performance that meets the standards required of the position.
Below Average Below Standards - The employee's level of performance is less than expected of a competent employee in their position. A below-average rating must be thoroughly discussed with the employee. Is a level of performance less than that expected of a fully competent employee and less than standards required of the position. A needs improvement rating must be thoroughly discussed with the employee.
Unsatisfactory - Performance is inferior to the standards required of the position. It is very inadequate or undesirable performance that cannot be tolerated.
Space for the employee's strengths, areas of growth and/or any other brief written comments is provided at the end of the evaluation . in the rater comments section. This section allows the rater to document the employee's strengths, weaknesses, and suggestions for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall be substantiated in the rater comments section.
1002.4.2 PERSONNEL REPORTS
Notes may be made in files at the Division level to assist supervisors in documenting facts that may later be used for performance evaluation purposes.
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Published with permission by Alameda Police Department ***DRAFT*** Evaluation of Employees - 3 Divisional personnel files must not remain in existence beyond evaluation periods, nor should such files remain with a Divisional unit after the affected employee has been transferred to another unit.
Responsibility for security of the files will rest with the Division Commander. The Alameda Police Department Personnel Report (APD-104) may be used for documenting events in replacement of a supervisor's notes.
Supervisors may use the Personnel Report to document events occurring during the rating period.
After completing a Personnel Report, the supervisor will forward it to the appropriate Division Commander for review and his/her signature. The form will then be returned to the supervisor who will review it with the employee. It will then be held in Division files until it is attached to the performance appraisal at the end of the rating period.
1002.5 EVALUATION REVIEW
When the supervisor has completed the preliminary evaluation, they will submit it to the Division Commander for review. Once reviewed by the Division Commander, the report will be forwarded to the Bureau Commander and then to the Chief of Police for review. After being reviewed by everyone in the employee's chain of command, the employee will receive the evaluations to be reviewed and signed.
arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation.
Permanent employees may also write comments in the Employee Comments section of the performance evaluation report.
1002.6 EVALUATION INTERVIEW
Arrangements shall be made for a private discussion of the evaluation between the employee and their supervisor. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation.
Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions, and training opportunities. Permanent employees may also write comments in the Employee Comments section of the performance evaluation report. the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Division Commander). The Division Commander shall review the evaluation for fairness, impartiality, uniformity, and consistency. The Division Commander shall evaluate the supervisor on the quality of ratings given.
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Published with permission by Alameda Police Department ***DRAFT*** Evaluation of Employees - 4 Employees are required to discuss their appraisal with their supervisors and sign the form indicating they have done so. The employee may make comments in the appropriate section of the form to add to or expand on the comments of the rater(s). If he/she is in disagreement with the rating, a written statement of rebuttal may be attached with facts supporting his/her position within thirty (30) days of receiving the rating form from their supervisor. 1002.7 EVALUATION DISTRIBUTION
The original performance evaluation will shall be maintained in the Benchmark Analytics software system and will be available for review by the employee and their supervisors. employee's personnel file in the Personnel and Training Section for the tenure of the employee's employment.
A copy of an employee's rating will be given to the employee at his/her request, once the rating is completed.
1002.8 EVALUATION PERIODS
All personnel will be rated every calendar year. Evaluations will be due on the last day of each month based alphabetically on the employees' last names. The employee's current supervisor is responsible for completing the employee's evaluation by the due date. Any supervisor who directly supervised an employee for more than 90 days during the evaluation period must have input on the employee's evaluation.
January - Employees with last names beginning in A or B February - Employees with last names beginning in C or D March - Employees with last names beginning in E or F
April - Employees with last names beginning in G or H
May - Employees with last names beginning in I or J
June - Employees with last names beginning in K or L
July - Employees with last names beginning in M or N
August - Employees with last names beginning in O or P
September - Employees with last names beginning in Q, R, or S October - Employees with last names beginning in T or U November - Employees with last names beginning in V, W, or X December - Employees with last names beginning in Y or Z Policy
1060
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 1 Line-of-Duty Deaths
1060.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of the Alameda Police Department in the event of the death of a member occurring in the line of duty and to direct the Department in providing proper support for the member’s survivors.
The Chief of Police may also apply some or all of this policy in situations where members are injured in the line of duty and the injuries are life-threatening. 1060.1.1 DEFINITIONS
Definitions related to this policy include:
Line-of-duty death - The death of a sworn member during the course of performing law enforcement-related functions while on- or off-duty, or a professional staff member during the course of performing their assigned duties.
Survivors - Immediate family members of the deceased member, which can include spouse, children, parents, other next of kin or significant others. The determination of who should be considered a survivor for purposes of this policy should be made on a case-by-case basis given the individual’s relationship with the member and whether the individual was previously designated by the deceased member.
1060.2 POLICY
It is the policy of the Alameda Police Department to make appropriate notifications and to provide assistance and support to survivors and coworkers of a member who dies in the line of duty.
It is also the policy of this department department to respect the requests of the survivors when they conflict with these guidelines, as appropriate.
1060.3 INITIAL ACTIONS BY COMMAND STAFF
(a) Upon learning of a line-of-duty death, the deceased member’s supervisor should provide all reasonably available information to the Watch Commander and the Communications Center.
1. Communication of information concerning the member and the incident should be restricted to secure networks to avoid interception by the media or others (see the Public Information Officer section of this policy). (b) The Watch Commander should ensure that notifications are made in accordance with the Officer-Involved Shootings and Deaths and Major Incident Notification policies as applicable.
(c) If the member has been transported to the hospital, the Watch Commander or the designee should respond to the hospital to assume temporary responsibilities as the Hospital Liaison.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 2 (d) The Chief of Police or the authorized designee should assign members to handle survivor notifications and assign members to the roles of Hospital Liaison (to relieve the temporary Hospital Liaison) and the Department Alameda Police Department Liaison as soon as practicable (see the Notifying Survivors section and the Department Alameda Police Department Liaison and Hospital Liaison subsections in this policy).
1060.4 NOTIFYING SURVIVORS
Survivors should be notified as soon as possible in order to avoid the survivors hearing about the incident in other ways.
The Chief of Police or the authorized designee should review the deceased member’s emergency contact information and make accommodations to respect the member’s wishes and instructions specific to notifying survivors. However, notification should not be excessively delayed because of attempts to assemble a notification team in accordance with the member’s wishes.
The Chief of Police, Watch Commander or the authorized designee should select at least two members to conduct notification of survivors, one of which may be the Department Alameda Police Department Chaplain.
Notifying members should:
(a) Make notifications in a direct and compassionate manner, communicating as many facts of the incident as possible, including the current location of the member.
Information that is not verified should not be provided until an investigation has been completed.
(b) Determine the method of notifying surviving children by consulting with other survivors and taking into account factors such as the child’s age, maturity and current location (e.g., small children at home, children in school).
(c) Plan for concerns such as known health concerns of survivors or language barriers. (d) Offer to transport survivors to the hospital, if appropriate. Survivors should be transported in department department vehicles. Notifying members shall inform the Hospital Liaison over a secure network that the survivors are on their way to the hospital and should remain at the hospital while the survivors are present. (e) When survivors are not at their residences or known places of employment, actively seek information and follow leads from neighbors, other law enforcement, postal authorities and other sources of information in order to accomplish notification in as timely a fashion as possible. Notifying members shall not disclose the reason for their contact other than a family emergency.
(f) If making notification at a survivor’s workplace, ask a workplace supervisor for the use of a quiet, private room to meet with the survivor. Members shall not inform the workplace supervisor of the purpose of their visit other than to indicate that it is a family emergency.
(g) Offer to call other survivors, friends or clergy to support the survivors and to avoid leaving survivors alone after notification.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 3 (h) Assist the survivors with meeting childcare or other immediate needs. (i) Provide other assistance to survivors and take reasonable measures to accommodate their needs, wishes and desires. Care should be taken not to make promises or commitments to survivors that cannot be met.
(j) Inform the survivors of the name and phone number of the Survivor Support Liaison (see the Survivor Support Liaison section of this policy), if known, and the Department Alameda Police Department Liaison.
(k) Provide their contact information to the survivors before departing. (l) Document the survivor’s names and contact information, as well as the time and location of notification. This information should be forwarded to the Department Alameda Police Department Liaison.
(m) Inform the Chief of Police or the authorized designee once survivor notifications have been made so that other Alameda Police Department members may be apprised that survivor notifications are complete.
1060.4.1 OUT-OF-AREA NOTIFICATIONS
The Department Alameda Police Department Liaison should request assistance from law enforcement agencies in appropriate jurisdictions for in-person notification to survivors who are out of the area.
(a) The Department Alameda Police Department Liaison should contact the appropriate jurisdiction using a secure network and provide the assisting agency with the name and telephone number of the department department member that the survivors can call for more information following the notification by the assisting agency. (b) The Department Alameda Police Department Liaison may assist in making transportation arrangements for the member’s survivors, but will not obligate the Department Alameda Police Department to pay travel expenses without the authorization of the Chief of Police.
1060.5 NOTIFYING DEPARTMENT ALAMEDA POLICE DEPARTMENT MEMBERS Supervisors or members designated by the Chief Chief of Police Police are responsible for notifying department members of the line-of-duty death as soon as possible after the survivor notification is made. Notifications and related information should be communicated in person or using secure networks and should not be transmitted over the radio.
Notifications should be made in person and as promptly as possible to all members on-duty at the time of the incident. Members reporting for subsequent shifts within a short amount of time should be notified in person at the beginning of their shift. Members reporting for duty from their residence should be instructed to contact their supervisor as soon as practicable. Those members who are working later shifts or are on days off should be notified by phone as soon as practicable.
Members having a close bond with the deceased member should be notified of the incident in person. Supervisors should consider assistance (e.g., peer support group, modifying work schedules, approving sick leave) for members who are especially affected by the incident.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 4 Supervisors should direct members not to disclose any information outside the Alameda Police Department regarding the deceased member or the incident. 1060.6 LIAISONS AND COORDINATORS
The Chief of Police The Chief of Police or the authorized designee should select members to serve as liaisons and coordinators to handle responsibilities related to a line-of-duty death, including , but not limited to:
(a) Alameda Police Department Liaison.
(b) Hospital Liaison.
(c) Survivor Support Liaison.Critical
(d) Incident Stress Management (CISM) coordinator Wellness Support Liaison. (e) Funeral Liaison.
(f) Mutual aid coordinator.
(g) Benefits Liaison.
(h) Finance coordinator.
Liaisons and coordinators will be directed by the Alameda Police Department Liaison and should be given sufficient duty time to complete their assignments.
Members may be assigned responsibilities of more than one liaison or coordinator position depending on available department resources. The Alameda Police Department Liaison may assign separate liaisons and coordinators to accommodate multiple family units, if needed. 1060.6.1 DEPARTMENT ALAMEDA POLICE DEPARTMENT LIAISON The Department Alameda Police Department Liaison should be a Bureau Commander or of sufficient rank to effectively coordinate department resources, and should serve as a facilitator between the deceased member’s survivors and the Department Alameda Police Department .
The Department Alameda Police Department Liaison reports directly to the Chief of Police. The Department Alameda Police Department Liaison’s responsibilities include, but are not limited to:
(a) Directing the other liaisons and coordinators in fulfilling survivors’ needs and requests.
Consideration should be given to organizing the effort using the National Incident Management System (NIMS).
(b) Establishing contact with survivors within 24 hours of the incident and providing them contact information.
(c) Advising survivors of the other liaison and coordinator positions and their roles and responsibilities.
(d) Identifying locations that will accommodate a law enforcement funeral and presenting the options to the appropriate survivors, who will select the location. (e) Coordinating all official law enforcement notifications and arrangements. (f) Making necessary contacts for authorization to display flags at half-mast.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 5 (g) Ensuring that department department members are reminded of appropriate information–sharing restrictions regarding the release of information that could undermine future legal proceedings.
(h) Coordinating security checks of the member’s residence as necessary and reasonable.
(i) Serving as a liaison with visiting law enforcement agencies during memorial and funeral services.
1060.6.2 HOSPITAL LIAISON
The Hospital Liaison should work with hospital personnel to:
(a) Arrange for appropriate and separate waiting areas for:
1. The survivors and others whose presence is requested by the survivors.
2. Department Alameda Police Department members and friends of the deceased member.
3. Media personnel.
(b) Ensure, as much as practicable, that any suspects who are in the hospital and their families or friends are not in close proximity to the member’s survivors or Alameda Police Department members (except for members who may be guarding the suspect). (c) Ensure that survivors receive timely updates regarding the member before information is released to others.
(d) Arrange for survivors to have private time with the member, if requested.
1. The Hospital Liaison or hospital personnel may need to explain the condition of the member to the survivors to prepare them accordingly.
2. The Hospital Liaison should accompany the survivors into the room, if requested. (e) Stay with survivors and ensure that they are provided with other assistance as needed at the hospital.
(f) If applicable, explain to the survivors why an autopsy may be needed. (g) Ensure hospital bills are directed to the Department Alameda Police Department, that the survivors are not asked to sign as guarantor of payment for any hospital treatment and that the member’s residence address, insurance information and next of kin are not included on hospital paperwork.
Other responsibilities of the Hospital Liaison include, but are not limited to:
• Arranging transportation for the survivors back to their residence. • Working with investigators to gather and preserve the deceased member’s equipment and other items that may be of evidentiary value.
• Documenting his/her actions at the conclusion of his/her duties.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 6 1060.6.3 SURVIVOR SUPPORT LIAISON
The Survivor Support Liaison should work with the Alameda Police Department Liaison to fulfill the immediate needs and requests of the survivors of any member who has died in the line of duty, and serve as the long-term department contact for survivors.
The Survivor Support Liaison should be selected by the deceased member’s Bureau Commander member's Bureau Commander. The following should be considered when selecting the Survivor Support Liaison:
• The liaison should be an individual the survivors know and with whom they are comfortable working.
• If the survivors have no preference, the selection may be made from names recommended by the deceased member’s member's supervisor and/or coworkers.
The deceased member’s member's partner or close friends may not be the best selections for this assignment because the emotional connection to the member or survivors may impair their ability to conduct adequate liaison duties. • The liaison must be willing to assume the assignment with an understanding of the emotional and time demands involved.
The responsibilities of the Survivor Support Liaison include , but are not limited to:
(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes, and other locations, as appropriate.
(b) Communicating with the Alameda Police Department Liaison regarding appropriate security measures for the family residence, as needed.
(c) If requested by the survivors, providing assistance with instituting methods of screening telephone calls made to their residence after the incident. (d) Providing assistance with travel and lodging arrangements for out-of-town survivors. (e) Returning the deceased member’s member's personal effects from the Alameda Police Department and the hospital to the survivors. The following should be considered when returning the personal effects:
1. Items should not be delivered to the survivors until they are ready to receive the items.
2. Items not retained as evidence should be delivered in a clean, unmarked box.
3. All clothing not retained as evidence should be cleaned and made presentable (e.g., items should be free of blood or other signs of the incident).
4. The return of some personal effects may be delayed due to ongoing investigations.
(f) Assisting with the return of department-issued equipment that may be at the deceased member’s member's residence.
1. Unless there are safety concerns, the return of the equipment should take place after the funeral at a time and in a manner considerate of the survivors’ survivors' wishes.
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 7 (g) Working with the CISM coordinator Wellness Support Liaison to ensure that survivors have access to available counseling services.
(h) Coordinating with the department’s Public Information Officer (PIO department's Public Information Officer (PIO ) to brief the survivors on pending press releases related to the incident and to assist the survivors with media relations in accordance with their wishes (see the Public Public Information Officer Officer section of this policy).
(i) Briefing survivors on investigative processes related to the line-of-duty death, such as criminal, internal, and administrative investigations.
(j) Informing survivors of any related criminal proceedings and accompanying them to such proceedings.
(k) Introducing survivors to prosecutors, victim’s victim's assistance personnel, and other involved personnel as appropriate.
(l) Maintaining long-term contact with survivors and taking measures to sustain a supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions, special support during holidays).
(m) Inviting survivors to department activities, memorial services , or other functions as appropriate.
Survivor Support Liaisons providing services after an incident resulting in multiple members being killed should coordinate with and support each other through conference calls or meetings as necessary.
The Alameda Police Department recognizes that the duties of a Survivor Support Liaison will often affect regular assignments over many years, and is committed to supporting members in the assignment.
If needed, the Survivor Support Liaison should be issued a personal communication device (PCD) owned by the Alameda Police Department to facilitate communications necessary to the assignment. The department-issued PCD shall be used in accordance with the Personal Communication Devices Policy.
1060.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR WELLNESS
SUPPORT LIAISON
The CISM coordinator Wellness Support Liaison should work with the Chief of Police department wellness coordinator or the authorized designee , and other liaisons , and coordinators and other resources to make CISM and wellness support and counseling services available to members and survivors who are impacted by a line-of-duty death. The responsibilities of the CISM coordinator include, Wellness Support Liaison include but are not limited to:
(a) Identifying members who are likely to be significantly affected by the incident and may have an increased need for CISM wellness support and counseling services, including:
1. Members involved in the incident.
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2. Members who witnessed the incident.
3. Members who worked closely with the deceased member but were not involved in the incident.
(b) Ensuring that members who were involved in or witnessed the incident are relieved of department responsibilities until they can receive CISM wellness support as appropriate and possible.
(c) Ensuring that CISM wellness support and counseling resources (e.g., peer support, debriefing, grief counselors Critical Incident Stress Debriefing) are available to members as soon as reasonably practicable following the line-of-duty death. (d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of available CISM wellness support and counseling services and assisting with arrangements as needed.
(e) Following up with members and the Survivor Support Liaison in the months following the incident to determine if additional CISM wellness support or counseling services are needed.
1060.6.5 FUNERAL LIAISON
The Funeral Liaison should work with the Department Alameda Police Department Liaison, Survivor Support Liaison and survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral Liaison’s responsibilities include, but are not limited to:
(a) Assisting survivors in working with the funeral director regarding funeral arrangements and briefing them on law enforcement funeral procedures. (b) Completing funeral notification to other law enforcement agencies. (c) Coordinating the funeral activities of the Department Alameda Police Department , including, but not limited to the following:
1. Honor Guard
(a) Casket watch
(b) Color guard
(c) Pallbearers
(d) Bell/rifle salute
2. Bagpipers/bugler
3. Uniform for burial
4. Flag presentation
5. Last radio call
(d) Briefing the Chief of Police and command staff concerning funeral arrangements. (e) Assigning an officer to remain at the family home during the viewing and funeral.
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Line-of-Duty Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 9 (f) Arranging for transportation of the survivors to and from the funeral home and interment site using department department vehicles and drivers. 1060.6.6 MUTUAL AID COORDINATOR
The mutual aid coordinator should work with the Alameda Police Department Liaison and the Funeral Liaison to request and coordinate any assistance from outside law enforcement agencies needed for , but not limited to:
(a) Traffic control during the deceased member’s member's funeral. (b) Area coverage so that as many Alameda Alameda Police Department Department members can attend funeral services as possible.
The mutual aid coordinator should perform his/her duties the coordinator's duties in accordance with the Mutual Aid and Outside Agency Assistance Policy. 1060.6.7 BENEFITS LIAISON
The Benefits Liaison should provide survivors with information concerning available benefits and will assist them in applying for benefits. Responsibilities of the Benefits Liaison include , but are not limited to:
(a) Confirming the filing of workers’ workers' compensation claims and related paperwork (see the Occupational Disease and Work-Related Injury Reporting Policy). (b) Researching and assisting survivors with application for federal government survivor benefits, such as those offered through the:
1. Public Safety Officers’ Officers' Benefits (PSOB) Programs.
2. Public Safety Officers’ Officers' Educational Assistance (PSOEA) Program.
3. Social Security Administration.
4. Department of Veterans Affairs.
(c) Researching and assisting survivors with application for state and local government survivor benefits. , such as:
1. Education benefits (Education Code § 68120).
2. Health benefits (Labor Code § 4856).
3. Worker's compensation death benefit (Labor Code § 4702). (d) Researching and assisting survivors with application for other survivor benefits such as:
1. Private foundation survivor benefits programs.
2. Survivor scholarship programs.
(e) Researching and informing survivors of support programs sponsored by police police associations and other organizations.
(f) Documenting and informing survivors of inquiries and interest regarding public donations to the survivors.
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Line-of-Duty Deaths
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1. If requested, working with the finance coordinator to assist survivors with establishing a process for the receipt of public donations. (g) Providing survivors with a summary of the nature and amount of benefits applied for, including the name of a contact person at each benefit office. Printed copies of the summary and benefit application documentation should be provided to affected survivors.
(h) Maintaining contact with the survivors and assisting with subsequent benefit questions and processes as needed.
1060.6.8 FINANCE COORDINATOR
The finance coordinator should work with the Chief of Police and the Department Alameda Police Department Liaison to manage financial matters related to the line-of-duty death. The finance coordinator’s responsibilities include, but are not limited to:
(a) Establishing methods for purchasing and monitoring costs related to the incident. (b) Providing information on finance-related issues, such as:
1. Paying survivors’ travel costs if authorized.
2. Transportation costs for the deceased.
3. Funeral and memorial costs.
4. Related funding or accounting questions and issues.
(c) Working with the Benefits Liaison to establish a process for the receipt of public donations to the deceased member’s survivors.
(d) Providing accounting and cost information as needed. 1060.7 PUBLIC INFORMATION OFFICER
In the event of a line-of-duty death, the department’s department’s PIO should be the department’s department’s contact point for the media. As such, the PIO should coordinate with the Department Alameda Police Department Liaison to:
(a) Collect and maintain the most current incident information and determine what information should be released.
(b) Ensure that department department members are instructed to direct any media inquiries to the PIO.
(c) Prepare necessary press releases.
1. Ensure coordination with other entities having media roles (e.g., outside agencies involved in the investigation or incident).
2. Ensure that important public information is disseminated, such as information on how the public can show support for the Department Alameda Police Department and deceased member’s survivors.
(d) Arrange for community and media briefings by the Chief of Police or the authorized designee as appropriate.
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Alameda Police Department Policy Manual
Line-of-Duty Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 11 (e) Respond, or coordinate the response, to media inquiries. (f) If requested, assist the member’s survivors with media inquiries.
1. Brief the survivors on handling sensitive issues such as the types of questions that reasonably could jeopardize future legal proceedings. (g) Release information regarding memorial services and funeral arrangements to department department members, other agencies and the media as appropriate. (h) If desired by the survivors, arrange for the recording of memorial and funeral services via photos and/or video.
The identity of deceased members should be withheld until the member’s survivors have been notified. If the media has obtained identifying information for the deceased member prior to survivor notification, the PIO should request that the media withhold the information from release until proper notification can be made to survivors. The PIO should ensure that media are notified when survivor notifications have been made.
1060.8 DEPARTMENT ALAMEDA POLICE DEPARTMENT CHAPLAIN The Department Alameda Police Department chaplain may serve a significant role in line-of-duty deaths. His/her duties may include, but are not limited to:
• Assisting with survivor notifications and assisting the survivors with counseling, emotional support or other matters, as appropriate.
• Assisting liaisons and coordinators with their assignments, as appropriate. • Assisting department department members with counseling or emotional support, as requested and appropriate.
Further information on the potential roles and responsibilities of the chaplain is in the Chaplains Policy.
1060.9 INVESTIGATION OF THE INCIDENT
The Chief of Police shall ensure that line-of-duty deaths are investigated thoroughly and may choose to use the investigation process outlined in the Officer-Involved Shootings and Deaths Policy.
Investigators from other agencies may be assigned to work on any criminal investigation related to line-of-duty deaths. Partners, close friends or personnel who worked closely with the deceased member should not have any investigative responsibilities because such relationships may impair the objectivity required for an impartial investigation of the incident.
Involved department department members should be kept informed of the progress of the investigations and provide investigators with any information that may be pertinent to the investigations.
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Alameda Police Department Policy Manual
Line-of-Duty Deaths
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Published with permission by Alameda Police Department ***DRAFT*** Line-of-Duty Deaths - 12 1060.10 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL The Chief of Police may authorize appropriate memorial and funeral services for law enforcement animals killed in the line of duty.
1060.11 NON-LINE-OF-DUTY DEATH
The Chief of Police may authorize certain support services for the death of a member not occurring in the line of duty.
Policy
1061
Alameda Police Department
Alameda Police Department Policy Manual
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Published with permission by Alameda Police Department ***DRAFT*** Wellness Program - 1 Wellness Program
1061.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on establishing and maintaining a proactive wellness program for department members.
The wellness program is intended to be a holistic approach to a member's well-being and encompasses aspects such as physical fitness, mental health, and overall wellness.
Additional information on member wellness is provided in the:
• Chaplains Policy.
• Line-of-Duty Deaths Policy.
• Drug- and Alcohol-Free Workplace Policy.
1061.1.1 DEFINITIONS
Definitions related to this policy include:
Critical incident – An event or situation that may cause a strong emotional, cognitive, or physical reaction that has the potential to interfere with daily life.
Critical Incident Stress Debriefing (CISD) – A standardized approach using a discussion format to provide education, support, and emotional release opportunities for members involved in work- related critical incidents.
Peer support – Mental and emotional wellness support provided by peers trained to help members cope with critical incidents and certain personal or professional problems. 1061.2 POLICY
It is the policy of the Alameda Police Department to prioritize member wellness to foster fitness for duty and support a healthy quality of life for department members. The Alameda Police Department will maintain a wellness program that supports its members with proactive wellness resources, critical incident response, and follow-up support. 1061.3 WELLNESS COORDINATOR
The Chief of Police should appoint a trained wellness coordinator. The coordinator should report directly to the Chief of Police or the authorized designee and should collaborate with advisers (e.g., Department of Human Resources, legal counsel, licensed psychotherapist, qualified health professionals), as appropriate, to fulfill the responsibilities of the position, including but not limited to:
(a) Identifying wellness support providers (e.g., licensed psychotherapists, external peer support providers, physical therapists, dietitians, physical fitness trainers holding accredited certifications).
1. As appropriate, selected providers should be trained and experienced in providing mental wellness support and counseling to public safety personnel.
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2. When practicable, the Alameda Police Department should not use the same licensed psychotherapist for both member wellness support and fitness for duty evaluations.
(b) Developing management and operational procedures for department peer support members, such as:
1. Peer support member selection and retention.
2. Training and applicable certification requirements.
3. Deployment.
4. Managing potential conflicts between peer support members and those seeking service.
5. Monitoring and mitigating peer support member emotional fatigue (i.e., compassion fatigue) associated with providing peer support.
6. Using qualified peer support personnel from other public safety agencies or outside organizations for department peer support, as appropriate. (c) Verifying members have reasonable access to peer support or licensed psychotherapist support.
(d) Establishing procedures for CISDs, including:
1. Defining the types of incidents that may initiate debriefings.
2. Steps for organizing debriefings.
(e) Facilitating the delivery of wellness information, training, and support through various methods appropriate for the situation (e.g., phone hotlines, electronic applications). (f) Verifying a confidential, appropriate, and timely Employee Assistance Program (EAP) is available for members. This also includes:
1. Obtaining a written description of the program services.
2. Providing for the methods to obtain program services.
3. Providing referrals to the EAP for appropriate diagnosis, treatment, and follow- up resources.
4. Obtaining written procedures and guidelines for referrals to, or mandatory participation in, the program.
5. Obtaining training for supervisors in their role and responsibilities, and identification of member behaviors that would indicate the existence of member concerns, problems, or issues that could impact member job performance. 1061.4 ALAMEDA POLICE DEPARTMENT PEER SUPPORT
1061.4.1 PEER SUPPORT MEMBER SELECTION CRITERIA
The selection of a department peer support member will be at the discretion of the coordinator.
Selection should be based on the member's:
Alameda Police Department
Alameda Police Department Policy Manual
Wellness Program
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Published with permission by Alameda Police Department ***DRAFT*** Wellness Program - 3 • Desire to be a peer support member.
• Experience or tenure.
• Demonstrated ability as a positive role model.
• Ability to communicate and interact effectively.
• Evaluation by supervisors and any current peer support members. 1061.4.2 PEER SUPPORT MEMBER RESPONSIBILITIES
The responsibilities of department peer support members include:
(a) Providing pre- and post-critical incident support.
(b) Presenting department members with periodic training on wellness topics, including but not limited to:
1. Stress management.
2. Suicide prevention.
3. How to access support resources.
(c) Providing referrals to licensed psychotherapists and other resources, where appropriate.
1. Referrals should be made to department-designated resources in situations that are beyond the scope of the peer support member's training. 1061.4.3 PEER SUPPORT MEMBER TRAINING
A department peer support member should complete department-approved training prior to being assigned.
1061.5 CRITICAL INCIDENT STRESS DEBRIEFINGS
A Critical Incident Stress Debriefing should occur as soon as practicable following a critical incident. The coordinator is responsible for organizing the debriefing. Notes and recorded statements shall not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a critical incident.
The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order.
Attendance at the debriefing should only include peer support members and those directly involved in the incident.
1061.6 PEER SUPPORT COMMUNICATIONS
Although the Alameda Police Department will honor the sensitivity of communications with peer support members, there is no legal privilege to such communications, unless authorized by law (e.g., peer support communications pursuant to a Law Enforcement Peer Support and Crisis Referral Service Program).
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Published with permission by Alameda Police Department ***DRAFT*** Wellness Program - 4 1061.7 PHYSICAL WELLNESS PROGRAM
The coordinator is responsible for establishing guidelines for an on-duty physical wellness program, including the following:
(a) Voluntary participation by members
(b) Allowable physical fitness activities
(c) Permitted times and locations for physical fitness activities (d) Acceptable use of department-provided physical fitness facilities and equipment (e) Individual health screening and fitness assessment
(f) Individual education (e.g., nutrition, sleep habits, proper exercise, injury prevention) and goal-setting
(g) Standards for fitness incentive programs. The coordinator should collaborate with the appropriate entities (e.g., human resources, legal counsel) to verify that any standards are nondiscriminatory
(h) Maintenance of physical wellness logs (e.g., attendance, goals, standards, progress) (i) Ongoing support and evaluation
1061.8 WELLNESS PROGRAM AUDIT
At least annually, the coordinator or the authorized designee should audit the effectiveness of the department's wellness program and prepare a report summarizing the findings. The report shall not contain the names of members participating in the wellness program, and should include the following information:
• Data on the types of support services provided
• Wait times for support services
• Participant feedback, if available
• Program improvement recommendations
• Policy revision recommendations
The coordinator should present the completed audit to the Chief of Police for review and consideration of updates to improve program effectiveness. 1061.9 TRAINING
The coordinator or the authorized designee should collaborate with the Training Sergeant to provide all members with regular training on topics related to member wellness, including but not limited to:
• The availability and range of department wellness support systems. • Suicide prevention.
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Alameda Police Department Policy Manual
Wellness Program
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Published with permission by Alameda Police Department ***DRAFT*** Wellness Program - 5 • Recognizing and managing mental distress, emotional fatigue, post-traumatic stress, and other possible reactions to trauma.
• Alcohol and substance disorder awareness.
• Countering sleep deprivation and physical fatigue.
• Anger management.
• Marriage and family wellness.
• Benefits of exercise and proper nutrition.
• Effective time and personal financial management skills.
Training materials, curriculum, and attendance records should be forwarded to the Training Sergeant as appropriate for inclusion in training records.