Alameda City Council
March 4, 2025

Alameda Police Department
Alameda Police Department Policy Manual
Rapid Response and Deployment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Rapid Response and Deployment - 3 424.4 COMMAND RESPONSIBILITIES
As soon as practical, a supervisor or command officer shall assume the role of Incident Commander. As additional personnel arrive on scene, the Incident Commander should consider implementing the Incident Command System, which may include the assignment of a Tactical Commander. Absent compelling reasons to the contrary, the Incident Commander shall ensure the tactics described above have been initiated to contain and eliminate the immediate threat.

Secondary responsibilities of the Incident Commander may include the assignment of additional duties normally associated with scene management. Such tasks include, but are not limited to:
• The establishment of an incident command post
• Setting up inner perimeter containment and outer perimeter control • Evacuation of persons from nearby areas that could be in imminent danger • Establishing staging areas and shelter locations
• Assigning a Press Information Officer
• Ensuring that post-operation reporting requirements have been addressed • The establishment of a Rescue Task Force. This should be coordinated with the Fire Department.

If an active shooter incident develops into a long-term hostage or barricaded suspect situation, or results in a protracted crime scene investigation, the Department will attempt to meet our ongoing staffing needs without outside assistance. However, as with any mass casualty incident, the on- scene supervisor or Incident Commander shall notify the Chief or Assistant Chief of Inspectors at the Alameda County District Attorney's Office to utilize their assistance with investigation of the incident and/or providing victim services. Contact can be made via the Alameda County Sheriff's Office Emergency Services Dispatch. If additional staffing is required, a formal request for mutual aid shall be made to the Alameda County Sheriff's Office.

Incident Debriefing: It shall be the responsibility of the Incident Commander to organize and convene a debriefing session as soon as possible following an active shooter incident. The debriefing will be available to all interested law enforcement agencies in the area and will be conducted to enhance preparedness and to increase knowledge of such incidents.

In order to remain in compliance with the Alameda County Chiefs of Police and Sheriff's Association agreement regarding a uniform response to active shooter incidents throughout the county, the Department will ensure that all sworn personnel receive the training necessary to enable them to respond to such incidents in a safe and effective manner.

The Department shall annually review procedures, training, and tactics relevant to active shooter incidents to assess their adequacy and to ensure they are current.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Rapid Response and Deployment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Rapid Response and Deployment - 4 424.5 CONSIDERATIONS
When dealing with a crisis situation members should:
(a) Assess the immediate situation and take reasonable steps to maintain operative control of the incident.
(b) Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c) Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat.
(d) Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 424.6 PLANNING
The Field Services Bureau Commander should coordinate critical incident planning. Planning efforts should consider:
(a) Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues.
(b) Availability of building plans and venue schematics of likely critical incident target sites. (c) Communications interoperability with other law enforcement and emergency service agencies.
(d) Training opportunities in critical incident target sites, including joint training with site occupants.
(e) Evacuation routes in critical incident target sites. (f) Patrol first-response training.
(g) Response coordination and resources of emergency medical and fire services. (h) Equipment needs.
(i) Mutual aid agreements with other agencies.
(j) Coordination with private security providers in critical incident target sites. (k) Training and coordination with the Fire Department regarding the Rescue Task Force. 424.7 TRAINING
The Training Sergeant should include rapid response to critical incidents in the training plan. This training should address:
(a) Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues.
(b) Communications interoperability with other law enforcement and emergency service agencies.
(c) Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Rapid Response and Deployment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Rapid Response and Deployment - 5 (a) This should include the POST terrorism incident training required for officers assigned to field duties (Penal Code § 13519.12).
(d) First aid, including gunshot trauma.
(e) Reality-based scenario training (e.g., active shooter, disgruntled violent worker). (f) Roles and responsibilities of the Rescue Task Force.

Exhibit 1

Policy
709
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Alameda Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave Area denial electroshock devices , microwave weapons, water cannons, and long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons.
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Alameda Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Alameda Police Department, or the equipment the Alameda Police Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Alameda Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Alameda Police Department will respond in a timely manner. 709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Alameda Police Department:

Crewless, Remotely Piloted, Powered Ground Vehicle
Armored Personnel Carrier, Vehicle with Entry Apparatus Attached Specialized Firearms and Ammunition
Noise Flash Diversionary Devices
Munitions Containing Tear Gas
Kinetic Energy Weapons and Munitions
See attachment: Military Equipment Inventory.pdf
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Military Equipment - 3 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Alameda Police Department will send a notification of the use of military equipment per policy 358.5. After City Council is notified, the Alameda Police Department will ensure that a summary of each use of AB 481 equipment is published on the Department's website within 60 days. The Chief of Police or the authorized designee may extend any or all notifications to protect the integrity of a criminal or administrative investigation.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Military Equipment - 4 available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Alameda Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Alameda Police Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Exhibit 1

Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Attachments - 5 Attachments
Exhibit 1

Attachment
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Military Equipment Inventory.pdf - 6 Military Equipment Inventory.pdf
Military Equipment Inventory.pdf
Exhibit 1

1 1. Crewless, Remotely Piloted, Powered Ground Vehicle

Quantity, Description, and Capabilities
The Robotex Avatar robot is a remote controlled, crewless machine that operates on the ground. As a heavy-duty robot, it can climb stairs and its arm can lift 65 pounds. The robot offers multiple communications options, and its chassis has space for accessories and tool combinations. It is used to enh ance the safety of the community and officers.

Purpose
This robot is used for remotely gaining visual/audio data, deli vering portable phones, opening doors, removing suspicious packages, and clearing buildings.

The robot improves scene intelligence, which allows officers to leave dangerous areas and go to safer places.

Authorized Use
The robot is only used in incidents where officers have the legal authority to search or be at a given location. Approval to deploy the robot comes f r o m a W a t c h Commander.

Expected Lifespan
The expected lifespan is 10+ years.

Fiscal Impact
The robot was acquired in 2012 with grant funds of $25,000. The annual maintenance cost is estimated between $0 and $5,000, depending on the serviceability of the battery.

Training
All robot operators must complete the basic SWAT Operator Cours e prior to operating or using the equipment.

Legal and Policy Rules
Use is established under Policy 408, which stipulates that the robot is to be used for official law enforcement purposes in accordance with state and federal laws.

2. Armored Personnel Carrier, Vehicle with Entry Apparatus Atta ched

Quantity, Description, and Capabilities
The Ballistic Armored Tactical Transport (BATT) Emergency Respo nse Vehicle (ERV) is built on a 2012 Ford F-550 chassis. The ERV is design ed to provide ballistic protection during tactical events by withstanding mul tiple bullet strikes from small arms fire. The ERV is equipped with emergency light s, siren, and a public address system.

Purpose
Exhibit 1

2 The ERV is used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The main uses for the ERV are re sident and officer rescues, evacuations, and the deployment of officers and approved equipment.

The ERV can be used as a de-escalation apparatus that allows cl ose, safe, contact with armed suspects. The vehicle has a detachable breaching apparatus, which can be affixed to the front bumper. The apparatus can assist in entry where handheld tools are inadequate or ineffective against barricaded individuals.

Authorized Use
The use of armored vehicles can be authorized only by a Watch Commander based on the specific circumstances of a given critical incident.

Expected Lifespan
The expected lifespan is 25 years.

Fiscal Impact
The ERV was originally purchased in 2013 with general fund money of $172,927.21.

The estimated annual maintenance cost ranges from $0 to $1,000, depending on scheduled maintenance and serviceability. Since 2015, the main tenance cost has collectively been approximately $2,000.

Training
The ERV can be deployed only by officers trained in its specific use and in a manner consistent with departmental policy and training. All officers are required to go through training every other year in emergency vehicle operatio ns per POST regulations.

Legal and Policy Rules
Use is established under APD Policy 409. It is the policy of t he Alameda Police Department to utilize the ERV only for official law enforcement purposes and according to state and federal laws.

3. Specialized Firearms and Ammunition

Quantity, Description, and Capabilities
 The APD has 55 Colt, AR-15 carbine rifles, capable of accurately stopping an armed subject at various distances. These shoulder-fired ri fles are designed for semi-automatic fire chambered in 5.56 NATO/Remingt on .223. They are outfitted with lighting devices to boost safety and electronic sighting devices to enhance the ease of use and the accuracy of fire.

 The APD also has two Bushmaster carbine rifles that are nearly identical to the Colt carbines, except for their shorter barrels. These shoulder-fired rifles are designed for semi-automatic fire chambered in 5.56 NATO/Remington .223. These were purchased for the SWAT team leaders who needed more maneuverability to control the tactical operators during SWAT operations.

Exhibit 1

3  The APD has approximately 30K rounds of Hornady, .223 Remingto n ammunition. The Hornady Spire Point, 55 grain, Hornady ammunition features a lead core jacketed bullet that incorporates a non-corrosive primer with a brass casing. The Hornady ammunition offers muzzle velocity of 3240 feet per second and muzzle energy of 1282-foot lbs.

 The APD has two Armalite 10 semi-automatic rifles. These fire arms are chambered with .308 Winchester. They are built on a similar pl atform as the Colt rifles but have greater stopping power. These rifles are primarily used in an over-watch capacity to protect the community and off icers during large events and in tactical situations where it might be necessary to incapacitate vehicles intentionally being used as weapons. These rifles are outfitted with scoped optics designed to improve the accuracy when shots are fired.

 The APD has approximately 5K rounds of Hornady, .308 Wincheste r 168 grain, ELD, TAP PRECISION ammunition. These cartridges incorpo rate the new ELD Match bullet. The bullet has a heat resistant polymer tip that improves the ballistic coefficient resulting in higher impact velocities, less drop, less wind drift, and more energy on target. The cartridg e delivers excellent terminal performance. The cartridge offers a muzzle speed of 2582 feet per second and a muzzle energy of 2487-foot lbs.

 The APD has three, AR-15 style training rifles, one Rock River Arms, ALR- 15 and two Colt AR-15 rifles that are chambered in 9mm, which i s APD’s standard duty issued handgun caliber. These training rifles are chambered in that caliber to accommodate the limitations of our indoor range housed at the APD building. These rifles operate the sam e as the .223 rifles without the high muzzle velocities and with less foot-pounds of energy.

Purpose
These rifles are to be used as precision weapons that confront a threat with greater accuracy at longer distances than a handgun. They are also use d to defeat body- armor worn by suspects who engage in violence and to stop ongoi ng threats that cannot be handled with handgun munitions.

Authorized Use
Patrol rifles can be deployed in any circumstance where a team member expresses a reasonable expectation that the rifle may be needed in accord ance with Policy 312.3.2. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:

 Situations where the member reasonably anticipates an armed encounter.

 When a member is faced with a situation that may require accurate and effective fire at long range.

 Situations where a member reasonably expects the need to meet or Exhibit 1

4 exceed a suspect’s firepower.

 When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

 When a member reasonably believes that a suspect may be wearin g body armor.

 When authorized or requested by a supervisor.

 When needed to euthanize an animal.

Carbine rifles can be deployed in any circumstance where a member can express a reasonable expectation that the rifle may be needed and in accordance with Policy 312.3.2. These weapons are used only by members of the tactical team.

AR-10 rifles’ authorized uses are similar to the patrol rifles, but they can be deployed by only members of the tactical team who have successfully completed POST-approved sniper training.

Expected Lifespans

 Colt, AR-15: No defined expiration, but until it is no longer serviceable.

 Bushmaster carbine: Same as above.

 Armalite-10: Same as above.

 Rock River LAR-15: Same as above

Fiscal Impacts

 The 55 Colt patrol rifles were originally purchased in 2002 wi th general fund money (approximately $800 per rifle).

 The two Bushmaster rifles were originally purchased in 2010 wi th general fund money (approximately $1,500 per rifle).

 .223 ammunition was originally purchased when the APD acquired patrol rifles in 2002 and general fund money was used. It costs appro ximately $21,600 annually to maintain 60K rounds of ammunition.

 The two Armalite .308 rifles were originally purchased individually, one in 2009 and one in 2012 with general fund money (approximately $2, 000 per rifle).

 .308 ammunition was originally purchased over 20 years ago at the formation of the APD’s tactical team. The ammunition is purchased using general fund Exhibit 1

5 money. It costs approximately $7,500 annually to maintain 5K r ounds of ammunition.

 The Rock River 9mm rifle was originally purchased over 15 years ago with general fund money (approximately $970 per rifle).

The estimated ongoing maintenance of all the firearms listed in this category is $0– $100 per rifle based on serviceability.

Training
Prior to using a rifle, officers must be certified by POST instructors. Officers are then required to complete quarterly training and qualification conducted by a certified patrol rifle instructor.

Legal and Policy Rules
Policy 432 governs patrol rifle use, qualifications, and various other elements including storage. POST requires ongoing biannual training with patrol rifles.

4. Noise Flash Diversionary Devices

Description, Quantity, and Capabilities
28 Combined Tactical Systems, model 7290 flash bangs, which is a non-bursting, non-fragmenting bang device that produces a thunderous bang with an intense bright light. Flash bangs are ideal for distracting dangerous suspect s during assaults, hostage rescues, room entries, and other high-risk arrest situations.

Purpose
The flash bangs produce atmospheric pressure and brilliant white light and, as a result, cause short-term (6–8 seconds) of physiological and p sychological sensory deprivation that gives officers a tactical advantage.

Authorized Use
Diversionary devices can only be used:

 By officers who have been trained in their proper use.

 In hostage and barricaded subject situations.

 In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

 During other high-risk situations where their use would enhanc e officer safety.

 During training exercises .

Lifespan
The lifespan is until used.

Exhibit 1

6 Fiscal Impact
These devices were initially purchased over 20 years ago and th e ongoing replenishment costs come from general fund money ($38 per munition). The annual estimated cost is approximately $500 to maintain 40 munitions.

Training
Prior to use, officers must attend diversionary device training conducted by POST-certified instructors.

Legal and Procedural Rules
Use of flash bangs is established under the SWAT Manual. It is the policy of the APD to utilize diversion devices only for official law enforcem ent purposes and according to state and federal laws regarding the use of force.

5. Munitions Containing Tear Gas

Quantity, Description, and Capabilities
Various quantities of chemical agent munitions, which are commo nly referred to as “tear gas,” are used by the APD as a non-lethal tool to d isperse rioting suspects and on barricaded individuals. The APD uses two chemi cal agents used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum).

CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and U.S., specifically by the U.S.

Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent that causes involuntary closure of eyes (opening again in 2–5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

 32 CS grenades emitting CS smoke for 20 to 40 seconds through gas ports located on top of the devices.

 4 OC vapor aerosol grenades delivering a high concentration of OC in a powerful mist; designed for indoor use and in confined areas.

 4 OC/CS vapor aerosol grenades delivering a high concentration combination of OC and CS in a powerful mist; designed for indoor use and in confined areas.

 15 40mm muzzle blast OC powder dispersion rounds with an alumi num shell and propelling powdered OC at short ranges (no more than 30 feet).

 33 40mm muzzle blast CS powder dispersion rounds with an alumi num shell and propelling OC powder at short ranges (no more than 30 feet).

Exhibit 1

7  24 40mm liquid CS barricade-penetrating projectiles with a pla stic shell and launching from a 40mm launcher. The projectile contains li quid CS encapsulated in the frangible round and is designed to penet rate windows, hollow core interior doors, and thin plywood. Once fragmented, the projectile spreads the liquid CS.

 4 40mm powder CS barricade-penetrating projectiles with a plastic shell and launching from a 40mm launcher. The projectile conta ins powdered CS in the frangible round and is designed to penetrate windows, hollow core interior doors, and thin plywood. Once fragmented, the projectile spreads the powdered CS.

 28 40mm liquid OC barricade-penetrating projectiles with a pla stic shell and launching from a 40mm launcher. The projectile contains li quid OC in the frangible round and is designed to penetrate windows, hollow core interior doors, and thin plywood. Once fragmented, the projectile spreads the liquid OC.

 13 40mm powder OC barricade-penetrating projectiles with a pla stic shell and launching from a 40mm launcher. The projectile conta ins powder OC in the frangible round and is designed to penetrate windows, hollow core interior doors, and thin plywood. Once fragmented, the projectile spreads the liquid OC.

Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or unreasonable. Situations for use of the less-lethal weapon sys tems may include, but are not limited to:

 Dangerous and/or combative individuals.

 Barricaded wanted suspects

 Riot control

 Circumstances where a tactical advantage can be obtained

 Potentially vicious animals

 Training exercises or approved demonstrations

Authorized Use
These items are used by our tactical team operators during deployments or during riots. Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use th em within the limitations of Policy 300 and Government Code 7286(a). Reporti ng of any use must comply with Policy 468.13 and Penal Code 13652.1.

Exhibit 1

8 Training
Sworn members utilizing chemical agents or impact rounds are trained in their use by POST-certified, less-lethal, and chemical-agent instructors. Further, the officers must comply with Policy 468.12.

Lifespan
 CS grenades, 6 years

 OC vapor aerosol grenades, 5 years

 OC/CS vapor aerosol grenades, 5 years

 40mm muzzle blast OC powder, 5 years

 40mm muzzle blast CS powder, 5 years

 40mm liquid CS barricade penetrating projectiles, 6 years

 40mm powder CS barricade penetrating projectiles, 5 years

 40mm liquid OC barricade penetrating projectiles, 6 years

 40mm powder OC barricade penetrating projectiles, 5 years

Fiscal Impact
 CS grenades initially acquired over 7 years ago by unknown fun ds. The cost per munition is $23. It will cost approximately $191 annually to maintain 50 grenades without use.

 OC vapor aerosol grenade, 7+ years, $23 per munition, approx. $20 annually to maintain 4 munitions

 OC/CS vapor aerosol grenade, 7+ years, $23 per munition, appro x. $20 annually to maintain 4 munitions

 40mm muzzle blast OC powder, 7+ years, $20 per munition, appro x. $80 to maintain 20 munitions

 40mm muzzle blast CS powder, 7+ years, $20 per munition, approx. $160 to maintain 40 munitions

 40mm liquid CS barricade penetrating projectiles, 7+ years, $20 per munition, approx. $100 to maintain 30 munitions

 40mm powder CS barricade penetrating projectiles, 7+ years, $2 4 per munition, approx. $16 to maintain 4 munitions

 40mm liquid OC barricade penetrating projectiles, 7+ years, $2 0 per munition, approx. $100 to maintain 30 munitions
Exhibit 1

9  40mm powder OC barricade penetrating projectiles, 7+ years, $2 5 per munition, approx. $75 to maintain 15 munitions

Legal and Procedural Rules
Use is established under the SWAT Manual. It is the policy of the APD to utilize specialized chemical agents only for official law enforcement p urposes according to state and federal laws regarding the use of force. Sworn members utilizing specialized chemical agents must be trained in their use by POST- certified, less-lethal, and chemical-agent instructors.

6. Kinetic Energy Weapons and Munitions

Quantity, Description, and Capabilities
 6 Fabrique Nationale de Herstal (FN) 303 launchers that use hi gh-pressure air to deliver kinetic projectiles (similar to a paintball delivery system) with paint marking ability. The system launches projectiles at a target ( person) 60 feet away. It is a less lethal option when law enforcement officers need to deliver a kinetic energy impact to hostile subjects in violent encounters . It is also a de- escalation tool used to avoid further injuries or more lethal options.

 1,500 FN 303 kinetic impact rounds used in the launcher are .6 8 caliber, 8.5- gram projectiles with non-toxic bismuth in the plastic forward compartment, followed by an indelible paint plastic compartment. The launch er uses compressed air to propel the projectiles. The primary benefits are to provide a longer-distance impact and a less lethal alternative to close contact force. The munition launcher sends a projectile that creates trauma, distr action, and pain, followed by marking of specific individuals for identification and later arrest. The projectiles have a velocity of 280–350 feet per second (FPS).

 6 Remington 870 less lethal shotguns are used to deploy a 12-g auge beanbag round up to a distance of 75 feet. The range of the weapon sys tem helps to maintain space between officers and a suspect by reducing the i mmediacy of the threat, which is a main principle of de-escalation. These weapon systems are distinguishable by their yellow stock and fore grip. The w eapon serves as a less lethal distance impact weapon to cause pain, distraction, and trauma for violent offenders.

 100 12-gauge ballistic fiber bags filled with 40 grams of numb er 9 lead shot, commonly referred to as a beanbag round. This projectile trave ls at a velocity of 270–290 (FPS).

 3 Defense Technology 40mm single-shot launchers. The launcher f i r e s standard 40mm less lethal impact ammunition, up to 4.8 inches in cartridge length. The 40mm single launcher is not a firearm, but a less lethal launching system that uses smokeless powder to deliver 40mm projectiles f rom a safe distance. The launcher can send 40mm munitions at a target up to 40 yards away. The less lethal launcher is a single launcher, which all ows officers to assess after every spent munition.

Exhibit 1

10  Defense Technology 40mm multi-shot launcher.   This four-shot, low profile, lightweight launcher provides multi-shot capability in a shoulder-firing configuration. It contains spring-loaded cylinders that auto-r otate to allow for rapid successive shots without reloading. It discharges many o f the 40mm projectiles outlined in the above section.

 100 40mm munitions, a direct-impact, spin-stabilized sponge mu nition used as a less lethal weapon designed to de-escalate a potentially violent encounter.

Purpose
Kinetic projectiles limit the escalation of conflicts where let hal force is prohibited, unreasonable, and undesirable. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury a nd can be used to de- escalate a potentially deadly situation.

Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

 The suspect is armed with a weapon and the tactical circumstan ces allow for the safe application of approved munitions.

 The suspect has made credible threats to harm themselves or ot hers.

 The suspect is engaged in riotous behavior or is throwing rocks, bottles, or other dangerous projectiles at people and/or officers.

 There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

Expected Lifespans

 FN 303 Launcher until no longer serviceable

 FN 303 munitions, 5 years

 Remington 870 until no longer serviceable

 Ballistic Fiber Bag Munitions (beanbags), 5 years

 40mm Defense Technology single-shot launcher until no longer s erviceable

 40mm Defense Technology multi-shot launcher until no longer se rviceable

 40mm sponge munitions, 5 years

Training
Sworn members must be trained in less lethal kinetic munitions by POST- certified instructors. Proficiency training will be monitored and documented Exhibit 1

11 biannually by a certified, control-device weapons or tactics instructor. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, then that officer will be restricted from carrying a controlled device.

Fiscal Impacts
 FN 303 launchers were purchased from 2015-2021 with general fu nd money (approximately $800 per launcher). Estimated annual cost is $0–$100 to maintain and service the launchers.

 1,500 FN 303 munitions were last purchased in 2019 to replenis h the expired stock. It will cost an estimated annual average cost of $628 to maintain the inventory.

 Remington 870 beanbag launchers were purchased over 20 years a go as standard issued shotguns. They were repurposed into less le thal shotguns. The initial cost is unknown as well as the funding s ource.

Estimated annual cost is between $0 and $100 for maintenance based on serviceability.

 Beanbag munitions were initially purchased over 20 years ago for an unknown amount using unknown funds. It is estimated to cost $100 annually based on lifespan and quantities.

 40mm launchers were purchased in 2006 with general fund money ($524.62 per launcher). Estimated annual cost is $0 to $100 to maintain and service the launchers.

 40mm multi-shot launcher was purchased in 2006 with general fund money for $524.62. Estimated cost is $0 $100 annually to maint ain and service the launcher.

 40mm sponge munitions were initially purchased in 2014 with general fund money ($18.23 per munition). Estimated cost is $0 to $370 annually to maintain and service these munitions.

Legal and Policy Rules
Rules are established under Policy 300, 308, 312.5, 312.5.1, and the SWAT Manual.

It is the policy of the APD to utilize the kinetic energy round s for official law enforcement purposes and according to state and federal laws, such as Penal Code 13652.

Exhibit 1

Policy
804
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 1 Property and Evidence Unit
804.1 PURPOSE AND SCOPE
This_policy provides for the proper collection, storage, and security of evidence and other property.

Additionally, this policy provides for the protection of the chain of evidence and identifies those persons authorized to remove and/or destroy property.
804.1.1 DEFINITIONS
Definitions related to this policy include:

Property - All articles placed in secure storage within the Property and Evidence Unit, including the following:
• Evidence - Items taken or recovered in the course of an investigation that may be used in the prosecution of a case, including photographs and latent fingerprints. • Found property - Items found by members of the Alameda Police Department or the public that have no apparent evidentiary value and where the owner cannot be readily identified or contacted.
• Safekeeping - Items received by the Alameda Police Department for safekeeping, such as a firearm, the personal property of an arrestee that has been not taken as evidence, and items taken for safekeeping under authority of law. 804.2 DEFINITIONS
Property - Includes all items of evidence, items taken for safekeeping and found property.

Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints.

Safekeeping - Includes the following types of property:
• Property obtained by the Alameda Police Department for safekeeping such as a firearm
• Personal property of an arrestee not taken as evidence • Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons))
Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 804.2 POLICY
It is the policy of the Alameda Police Department to process and store all property in a manner that will protect it from loss, damage, or contamination, while maintaining documentation that tracks the chain of custody, the location of property, and its disposition.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 2 804.3 PROPERTY HANDLING
Any _ employee who member who first comes into possession of any property shall retain such property in his/her their possession until it is properly tagged and placed in the designated property locker or storage room along with the property form. Care shall be taken to maintain the chain of custody for all evidence.

Whenever property is taken or received (e.g., relinquished firearms) from an individual, a property receipt form will be completed. The receipt shall describe the property and contain a notice on how to retrieve the property, as applicable, from the Alameda Police Department. A copy of the property receipt form shall be given to the individual from whom the property was taken or received.

Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the items.
804.3.1 PROPERTY BOOKING PROCEDURE
All property must be booked prior to the employee
member going off-duty unless otherwise
approved by a supervisor. Employees Members booking property shall observe the following guidelines:
(a) Complete the property form describing each item of property separately, listing all serial numbers, owner’s owner's name, finder's name, and other identifying information or markings.
(b) Mark each item of evidence with the booking employee’s member's initials and the date booked using the appropriate method so as not to deface or damage the value of the property.
(c) Complete an evidence/property tag and attach it to each package or envelope in which the property is stored.
(d) Place the case number in the upper right -hand corner of the bag. (e) The original property form shall be submitted with the case report. A copy shall be placed with the property in the temporary property locker or with the property if property is stored somewhere other than a property locker.
(f) When the property is too large to be placed in a locker, the item may be retained in the supply room. Submit the completed property record into a numbered locker indicating the location of the property.
804.3.2 NARCOTICS AND DANGEROUS DRUGS
All narcotics and dangerous drugs shall be booked separately using a separate property record.

Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately.

The officer seizing the narcotics and dangerous drugs shall place them in the designated locker accompanied by one copy of the report for the Property and Evidence Technician.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 3 804.3.3 EXPLOSIVES
Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives.

Explosives will not be retained in the police facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials.

The Property and Evidence Technician is responsible for transporting to the Fire Department, on a regular basis, any fireworks or signaling devices that are not retained as evidence. 804.3.4 EXCEPTIONAL HANDLING
Certain property items require a separate process. The following items shall be processed in the described manner:
(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking. (b) License plates found not to be stolen or connected with a known crime, should be released directly to the Property and Evidence Technician, or placed in the designated container for return to the Department of Motor Vehicles. No formal property booking process is required.
(c) All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the Property and Evidence Technician, or placed in the bicycle storage area until a Property and Evidence Technician can log the property.
(d) All cash shall be counted and the envelope initialed by the booking officer. A supervisor shall be contacted for cash counts in excess of $400.00 for special handling procedures.

City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 804.3.5 RELINQUISHED FIREARMS
Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be issued a receipt that describes the firearm, the serial number or other identification of the firearm at the time of relinquishment (Penal Code § 29810).

Relinquished firearms shall be retained for 30 days, after which time they may be destroyed, retained, sold or otherwise transferred, unless (Penal Code § 29810):
(a) A certificate is issued by a judge of a court of record or the District Attorney stating the firearms shall be retained; or
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 4 (b) The convicted person provides written notice of an intent to appeal the conviction that necessitated the relinquishment; or
(c) The Automated Firearms System indicates that the firearm was reported lost or stolen.

1. In such event, the firearm shall be restored to the lawful owner as soon as it is no longer needed as evidence, the lawful owner has identified the weapon and provided proof of ownership, and the Alameda Police Department has complied with the requirements of Penal Code § 33850 et seq.

The Property and Evidence Technician shall ensure the Records Supervisor is notified of the relinquished firearm for purposes of updating the Automated Firearms System and the disposition of the firearm for purposes of notifying the California Department of Justice (DOJ) (See the Records Division Policy).
804.4 PACKAGING OF PROPERTY
Certain items require special consideration and shall be booked separately as follows:
(a) Narcotics and dangerous drugs
(b) Firearms (ensure they are unloaded and booked separately from ammunition) (c) Property with more than one known owner
(d) Paraphernalia as described in Health and Safety Code § 11364 (e) Fireworks
(f) Contraband
804.4.1 PACKAGING CONTAINER
Employees
Members shall package all property, except narcotics and dangerous drugs , in a suitable container available for its size. Knife boxes should be used to package knives, and syringe tubes should be used to package syringes and needles.

A property tag shall be securely attached to the outside of all items or group of items packaged together.
804.4.2 PACKAGING NARCOTICS
The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in the designated narcotics locker, accompanied by two copies of the property record. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report.

Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in the report room. The booking officer shall initial the sealed envelope and the initials covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property.

A completed property tag shall be attached to the outside of the container. The chain of evidence shall be recorded on the back of this tag.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 5 804.5 RECORDING OF PROPERTY
The Property and Evidence Technician receiving custody of evidence or property shall record his/ her signature, the date and time the property was received and where the property will be stored on the property control card.

A property number shall be obtained for each item or group of items. This number shall be recorded on the property tag and the property control card.

Any changes in the location of property held by the Alameda Police Department shall be noted in the property logbook.
804.6 PROPERTY CONTROL
Each time the Property and Evidence Technician receives property or releases property to another person, he/she shall enter this information on the property control card. Officers desiring property for court shall contact the Property and Evidence Technician at least one day prior to the court day. 804.6.1 RESPONSIBILITY OF OTHER PERSONNEL
Every time property is released or received, an appropriate entry on the evidence package shall be completed to maintain the chain of evidence. No property or evidence is to be released without first receiving written authorization from a supervisor or detective.

Request for analysis for items other than narcotics or drugs shall be completed on the appropriate forms and submitted to the Property and Evidence Technician. This request may be filled out any time after booking of the property or evidence.
804.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY
The transporting employee
member will check the evidence out of property, indicating the date and time on the property control card and the request for laboratory analysis.

The Property and Evidence Technician releasing the evidence must complete the required information on the property control card and the evidence. The lab forms will be transported with the property to the examining laboratory. Upon delivering the item involved, the officer will record the delivery time on both copies ,
and indicate the locker in which the item was placed or the employee member to whom it was delivered. The original copy of the lab form will remain with the evidence and the copy will be returned to the Records Division for filing with the case. 804.6.3 STATUS OF PROPERTY
Each person receiving property will make the appropriate entry to document the chain of evidence.

Temporary release of property to officers for investigative purposes, or for court, shall be noted on the property control card, stating the date, time
, and to whom released.

The Property and Evidence Technician shall obtain the signature of the person to whom property is released ,
and the reason for release. Any employee member receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 6 The return of the property should be recorded on the property control card, indicating date, time, and the person who returned the property.
804.6.4 AUTHORITY TO RELEASE PROPERTY
The Investigations shall authorize the disposition or release of all evidence and property coming into the care and custody of the Alameda Police Department. 804.6.5 RELEASE OF PROPERTY
All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation.

Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented on the property form.

With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 90 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports.

A Property and Evidence Technician shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property control card, the card shall be forwarded to the Records Division for filing with the case. If some items of property have not been released the property card will remain with the Property and Evidence Unit. Upon release, the proper entry shall be documented in the Property Log.

Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865.

The Property and Evidence Unit Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and if so, the firearm should not be released to the person while the order is in effect.

The Alameda Police Department is not required to retain any firearm or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 33875).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 7 804.6.6 DISPUTED CLAIMS TO PROPERTY
Occasionally more than one party may claim an interest in property being held by the Alameda Police Department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property.

All parties should be advised that their claims are civil and in extreme situations, legal counsel for the Alameda Police Department may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)).
804.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS
The Investigations will be responsible for the storage, control and destruction of all narcotics and dangerous drugs coming into the custody of this department, including paraphernalia as described in Health and Safety Code § 11364.
804.6.8 RELEASE OF

FIREARM FIREARMS IN DOMESTIC VIOLENCE MATTERS
Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm or ammunition, the Property and Evidence Technician shall return the weapon or ammunition to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met, unless the firearm or ammunition is determined to be stolen, evidence in a criminal investigation, another successive order has been issued against the individual, or the individual is otherwise prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 29825.5; Penal Code § 33855).
804.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other , other deadly weapons, or ammunition confiscated or relinquished from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows:
(a) If a petition for a hearing regarding the return of a firearm or a weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the firearm or weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and written notification from the California Department of Justice (DOJ) that conforms to the provisions of Penal Code § 33865. (b) If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the firearm or weapon is not retained as evidence, the Alameda Police Department shall make the firearm or weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ that conforms to the provisions of Penal Code § 33865. (c) Unless the person contacts the Alameda Police Department to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed, or retained as provided in Welfare and Institutions Code § 8102.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 8 804.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order
, verification that the person is not otherwise legally prohibited from possessing a firearm, and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18108; Penal Code § 18120).

If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is
they are entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120).

If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the Alameda
Alameda Police Department determines him/
her to Department determines the person to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120).

Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000.
804.6.11 RELEASE OF FIREARMS, MAGAZINES, AND AMMUNITION The Alameda Police Department shall not return any firearm, magazine, or ammunition taken into custody to any individual unless all requirements of Penal Code § 33855 are met. 804.7 DISPOSITION OF PROPERTY
All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal.

The Property and Evidence Technician shall request a disposition or status on all property which has been held in excess of 120 days, and for which no disposition has been received from a supervisor or detective.
804.7.1 EXCEPTIONAL DISPOSITIONS
The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:
• Weapons declared by law to be nuisances (Penal Code § 25700; Penal Code § 26110; Penal Code § 26395; Penal Code § 29300; Penal Code § 18010; Penal Code § 32750) • Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a)
• Counterfeiting equipment (Penal Code § 480)
• Gaming devices (Penal Code § 335a)
• Obscene matter ordered to be destroyed by the court (Penal Code § 312) Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 9 • Altered vehicles or component parts (Vehicle Code § 10751) • Narcotics (Health and Safety Code § 11474 et seq.)
• Unclaimed, stolen, or embezzled property (Penal Code § 1411) • Destructive devices (Penal Code § 19000)
• Sexual assault evidence (Penal Code § 680)
804.7.2 UNCLAIMED MONEY
If found or seized money is no longer required as evidence and remains unclaimed after three years, the Alameda Police Department shall cause a notice to be published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050).

Such notice shall state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051).

Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055).

If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this department to fund official law enforcement operations. Money representing restitution collected on behalf of victims shall either be deposited into the Restitution Fund or used for purposes of victim services.
804.7.2

DESTRUCTION OF FIREARMS AND OTHER WEAPONS
The Property and Evidence Unit supervisor or the authorized designee shall develop and maintain guidelines and procedures relating to the destruction of firearms and other weapons that includes but is not limited to the following (Penal Code § 18005):
(a) Identification of firearms and other weapons that need to be destroyed (b) Maintenance of records of firearms and other weapons that need to be destroyed, including entry into the Automated Firearms System, as applicable, and records of the destruction and disposal of those firearms and other weapons (c) Identification of any law enforcement agency that the Alameda Police Department contracts with or has an agreement with related to the storage or destruction of firearms or other weapons that outlines the responsibilities of this department and the other agency

1. If the Alameda Police Department contracts with a third-party for destruction of firearms or other weapons, the contract must explicitly prohibit the sale of any firearm or weapon or any part or attachment to the firearm or weapon.

The Property and Evidence Unit supervisor or the authorized designee should ensure guidelines and procedures relating to the destruction of firearms and other weapons are posted on the Alameda Police Department website (Penal Code § 18005).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 10 804.7.3 RETENTION OF BIOLOGICAL EVIDENCE
The Property and Evidence Unit Supervisor shall ensure that no biological evidence held by the Alameda Police Department is destroyed without adequate notification to the following persons, when applicable:
(a) The defendant
(b) The defendant’s attorney
(c) The appropriate prosecutor and Attorney General
(d) Any sexual assault victim
(e) The Criminal Investigations Bureau supervisor
Biological evidence shall be retained for either a minimum period that has been established by law (Penal Code § 1417.9) or that has been established by the Property and Evidence Unit Supervisor, or until the expiration of any imposed sentence that is related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Alameda Police Department within 180 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Criminal Investigations Bureau supervisor.

Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor’s office.

Biological evidence or other crime scene evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal Code § 680. Even after expiration of an applicable statute of limitations, the Criminal Investigations Bureau supervisor should be consulted and the sexual assault victim shall be notified at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be documented in writing (Penal Code § 680.3). 804.8 INSPECTIONS OF THE EVIDENCE ROOM
(a) On a regularbasis, the supervisor of the evidence custodian shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures.
(b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police.
(c) An annual audit of evidence held by the Alameda Police Department shall be conducted by a Bureau Commander (as appointed by the Chief of Police) not routinely or directly connected with evidence control.
(d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual not associated Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Property and Evidence
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Property and Evidence - 11 to the property room or function to ensure that records are correct and all evidence property is accounted for.
804.9 PROPERTY AND EVIDENCE MANUAL
Specific procedures for the booking of property and evidence are outlined in the Alameda Police Department's Property and Evidence Manual.

Officers and supervisors are encouraged to familiarize themselves with the procedures contained within the manual.

The Property and Evidence Manual is available in the property and evidence booking area, the patrol sergeant's office, the Identification Sergeant's office, and the offices of the Service Division Lieutenant and Bureau of Services Commander. It is the responsibility of the Property and Evidence Sergeant to review and update the manual annually to ensure accordance with applicable law and department policy.

Exhibit 1

Policy
810
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 1 Records Maintenance and Release
810.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Protected Information Policy. 810.2 POLICY
The Alameda Police Department is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 7920.000 et seq.). 810.3 CUSTODIAN OF RECORDS RESPONSIBILITIES
The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include but are not limited to:
(a) Managing the records management system for the Alameda Police Department, including the retention, archiving, release, and destruction of department public records.
(b) Maintaining and updating the department records retention schedule including:

1. Identifying the minimum length of time the Alameda Police Department must keep records.

2. Identifying the department bureau responsible for the original record. (c) Establishing rules regarding the inspection and copying of department public records as reasonably necessary for the protection of such records (Government Code § 7922.525; Government Code § 7922.530).
(d) Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of records.
(f) Ensuring a current schedule of fees for public records as allowed by law is available (Government Code § 7922.530).
(g) Determining how the department's website may be used to post public records in accordance with Government Code § 7922.545.
(h) Ensuring that all department current standards, policies, practices, operating procedures, and education and training materials are posted on the department website in accordance with Penal Code § 13650.
(i) Ensuring that public records posted on the Alameda Police Department website meet the requirements of Government Code § 7922.680 including but not limited to posting in an open format where a record may be retrieved, downloaded, indexed, and searched by a commonly used internet search application. (j) Ensuring that a list and description, when applicable, of enterprise systems (as defined by Government Code § 7922.700) is publicly available upon request and posted in a Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 2 prominent location on the Alameda Police Department's website (Government Code § 7922.710; Government Code § 7922.720).
810.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any department member who receives a request for any record shall route the request to the Custodian of Records or the authorized designee.
810.4.1 REQUESTS FOR RECORDS
Any member of the public, including the media and elected officials, may access unrestricted records of this department, during regular business hours by submitting a written and signed request that reasonably describes each record sought and paying any associated fees (Government Code § 7922.530).

The processing of requests for any record is subject to the following (Government Code § 7922.530; Government Code § 7922.535):
(a) The Alameda Police Department is not required to create records that do not exist. (b) Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain department records or information. If identification is required, a current driver's license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 7923.655). (c) Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the Alameda Police Department shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response.

1. When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 7922.600).

2. If the record requested is available on the department website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided.
(d) Upon request, a record shall be provided in an electronic format utilized by the Alameda Police Department. Records shall not be provided only in electronic format unless specifically requested (Government Code § 7922.570; Government Code § 7922.580).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 3 (e) When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released.

1. A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/ video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions.
(f) If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure. The written response shall also include the names, titles, or positions of each person responsible for the denial (Government Code § 7922.000; Government Code § 7922.540).
810.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
(a) Personal identifying information, including an individual's photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any driver license record, motor vehicle record, or any department record, including traffic collision reports, are restricted except as authorized by the Alameda Police Department, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722).
(b) Social Security numbers (Government Code § 7922.200). (c) Personnel records, medical records, and similar records that would involve an unwarranted invasion of personal privacy except as allowed by law (Government Code § 7927.700; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.).

1. Peace officer personnel records that are deemed confidential shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order.

2. The identity of any officer subject to any criminal or administrative investigation shall not be released without the consent of the involved officer, prior approval of the Chief of Police, or as required by law.
(d) Victim information that may be protected by statutes, including victims of certain crimes who have requested that their identifying information be kept confidential, victims who are minors, and victims of certain offenses (e.g., sex crimes or human trafficking (Penal Code § 293)). Addresses and telephone numbers of a victim or a witness shall not be disclosed to any arrested person or to any person who may be a defendant in a criminal action unless it is required by law (Government Code § 7923.615; Penal Code § 841.5).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 4

1. Victims of certain offenses (e.g., domestic violence, sexual assault, stalking, human trafficking, elder and dependent adult abuse) or their representatives shall be provided, upon request and without charge, one copy of all incident report face sheets, one copy of all incident reports, a copy of any accompanying or related photographs of the victim's injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 9-1-1 recordings, if any, pursuant to the requirements and time frames of Family Code § 6228.

2. Victims of sexual assault, upon written request, shall be provided a free copy of the initial crime report regardless of whether the report has been closed.

Personal identifying information may be redacted (Penal Code § 680.2(b)). (e) Video or audio recordings created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident except as provided by Government Code § 7923.750.
(f) Information involving confidential informants, intelligence information, information that would endanger the safety of any person involved, or information that would endanger the successful completion of the investigation or a related investigation. This includes analysis and conclusions of investigating officers (Evidence Code § 1041; Government Code § 7923.605).

1. Absent a statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Government Code § 7923.605. (g) Local criminal history information including but not limited to arrest history and disposition, and fingerprints shall only be subject to release to those agencies and individuals set forth in Penal Code § 13300.

1. All requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, the City Attorney, or the courts pursuant to Penal Code § 1054.5.
(h) Certain types of reports involving but not limited to child abuse and molestation (Penal Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633), and juveniles (Welfare and Institutions Code § 827).
(i) Sealed autopsy and private medical information concerning a murdered child with the exceptions that allow dissemination of those reports to law enforcement agents, prosecutors, defendants, or civil litigants under state and federal discovery laws (Code of Civil Procedure § 130).
(j) Information contained in applications for licenses to carry firearms or other files that indicates when or where the applicant is vulnerable or which contains medical or psychological information (Government Code § 7923.800). (k) Traffic collision reports (and related supplemental reports) shall be considered confidential and subject to release only to the California Highway Patrol, Department Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 5 of Motor Vehicles (DMV), other law enforcement agencies, and those individuals and their authorized representatives set forth in Vehicle Code § 20012. (l) Any record created exclusively in anticipation of potential litigation involving this department (Government Code § 7927.200).
(m) Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 7927.205).
(n) Records relating to the security of the department's electronic technology systems (Government Code § 7929.210).
(o) A record of a complaint, or the investigations, findings, or dispositions of that complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5, or if the complaint is unfounded (Penal Code § 832.7 (b)(9)).
(p) Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including but not limited to provisions of the Evidence Code relating to privilege (Government Code § 7927.705).
(q) Information connected with juvenile court proceedings or the detention or custody of a juvenile. Federal officials may be required to obtain a court order to obtain certain juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions Code § 827.95; Welfare and Institutions Code § 831).
810.6 SUBPOENAS AND DISCOVERY REQUESTS
Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.

Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the District Attorney, City Attorney or the courts.

All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Alameda Police Department so that a timely response can be prepared.
810.6.1 RECORDS PURGING
It is the responsibility of the Records Manager to oversee the records destruction process, ensure compliance with applicable law, set up a schedule for the timely destruction of obsolete records, and maintain a procedural manual outlining the process.

In addition, it will be the responsibility of the Records Manager to ensure all records section personnel are trained in appropriate records purging protocols, and that they follow the procedures outlined in the manual.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 6 810.7 RELEASED RECORDS TO BE MARKED
Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the department name and to whom the record was released.

Each audio/video recording released should include the department name and to whom the record was released.
810.8 SEALED RECORD ORDERS
Sealed record orders received by the Alameda Police Department shall be reviewed for appropriate action by the Custodian of Records. The Custodian of Records shall seal such records as ordered by the court. Records may include but are not limited to a record of arrest, investigation, detention, or conviction. Once the record is sealed, members shall respond to any inquiry as though the record did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781).

When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal Code § 851.91, Penal Code § 1000.4, or Penal Code § 1001.9, the Records Supervisor shall ensure that the required notations on local summary criminal history information and police investigative reports are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92.
810.8.1

SEALED SEALING JUVENILE ARREST RECORDS
Upon receiving notice from a probation department to seal a citation, juvenile arrest records, or other related records pursuant to Welfare and Institutions Code § 786.5, the Records Supervisor should ensure that the records are sealed within 60 days of that notice and that the probation department is notified once the records have been sealed (Welfare and Institutions Code § 786.5).

Upon receiving a list of juvenile arrest records that are eligible to be sealed from the California Department of Justice (DOJ), the Records Supervisor or the authorized designee shall review the records identified in the list and determine if the records are eligible to be sealed in accordance with Welfare and Institutions Code § 781.2. Within six months of receiving the list, the Records Supervisor or the authorized designee shall electronically report to the DOJ which records were sealed (Welfare and Institutions Code § 781.2).
810.9 SECURITY BREACHES
The Records Supervisor shall ensure notice is given anytime there is a reasonable belief an unauthorized person has acquired either unencrypted personal identifying information or encrypted personal information along with the encryption key or security credential stored in any Alameda Police Department information system (Civil Code § 1798.29).

Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the Alameda Police Department determines that notification will impede a criminal investigation or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 7 For the purposes of this requirement, personal identifying information includes an individual's first name or first initial and last name in combination with any one or more of the following (Civil Code § 1798.29):
(a) Social Security number

1. Driver license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual

2. Account number or credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual's financial account

3. Medical information

4. Health insurance information

5. Information or data collected by Automated License Plate Reader (ALPR) technology

6. Unique biometric data

7. Genetic data
(b) A username or email address, in combination with a password or security question and answer that permits access to an online account
810.9.1 FORM OF NOTICE
(a) The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following:

1. The date of the notice.

2. Name and contact information for the Alameda Police Department.

3. A list of the types of personal information that were or are reasonably believed to have been acquired.

4. The estimated date or date range within which the security breach occurred.

5. Whether the notification was delayed as a result of a law enforcement investigation.

6. A general description of the security breach.

7. The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number.
(b) The notice may also include information about what the Alameda Police Department has done to protect individuals whose information has been breached and may include information on steps that the person whose information has been breached may take to protect him/herself (Civil Code § 1798.29).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 8 (c) When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit access to an online account, and no other personal information has been breached (Civil Code § 1798.29):

1. Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the Alameda Police Department in addition to any other online accounts for which the person uses the same username or email address and password or security question and answer.

2. When the breach involves an email address that was furnished by the Alameda Police Department, notification of the breach should not be sent to that email address but should instead be made by another appropriate medium as prescribed by Civil Code § 1798.29.
810.9.2 MANNER OF NOTICE
(a) Notice may be provided by one of the following methods (Civil Code § 1798.29):

1. Written notice.

2. Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001.

3. Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the Alameda Police Department does not have sufficient contact information. Substitute notice shall consist of all of the following:
(a) Email notice when the Alameda Police Department has an email address for the subject person.
(b) Conspicuous posting of the notice on the department’s webpage for a minimum of 30 days.

4. Notification to major statewide media and the California Information Security Office within the California Department of Technology.
(b) If a single breach requires the Alameda Police Department to notify more than 500 California residents, the Alameda Police Department shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General.
810.10 RELEASE OF AUDIO OR VIDEO RECORDINGS RELATED TO CRITICAL

INCIDENTS
Video and audio recordings related to critical incidents shall be released upon a proper public record request and subject to delayed release, redaction, and other release restrictions as provided by law (Government Code § 7923.625).

For purposes of this section, a video or audio recording relates to a critical incident if it depicts an incident involving the discharge of a firearm at a person by an officer, or depicts an incident in Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 9 which the use of force by an officer against a person resulted in death or in great bodily injury (as defined by Penal Code § 243(f)(4)) (Government Code § 7923.625).

The Custodian of Records should work as appropriate with the Chief of Police or the Professional Standards Unit supervisor in determining what recordings may qualify for disclosure when a request for a recording is received and if the requested recording is subject to delay from disclosure, redaction, or other release restrictions.
810.10.1 DELAY OF RELEASE
Disclosure of critical incident recordings during active criminal or administrative investigations may be delayed as follows if disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source:
(a) Disclosure may be delayed up to 45 days from the date the Alameda Police Department knew or reasonably should have known about the incident. (b) Delay of disclosure may continue after the initial 45 days and up to one year if the Alameda Police Department demonstrates that disclosure would substantially interfere with the investigation.
(c) Any delay of disclosure longer than one year must be supported by clear and convincing evidence that disclosure would substantially interfere with the investigation (Government Code § 7923.625).
810.10.2 NOTICE OF DELAY OF RELEASE
When there is justification to delay disclosure of a recording, the Custodian of Records shall provide written notice to the requester as follows (Government Code § 7923.625):
(a) During the initial 45 days, the Custodian of Records shall provide the requester with written notice of the specific basis for the determination that disclosure would substantially interfere with the investigation. The notice shall also include the estimated date for the disclosure.
(b) When delay is continued after the initial 45 days, the Custodian of Records shall promptly provide the requester with written notice of the specific basis for the determination that the interest in preventing interference with an active investigation outweighs the public interest in the disclosure, and the estimated date for the disclosure. The Custodian of Records should work with the Chief of Police in reassessing the decision to continue withholding a recording and notify the requester every 30 days.

Recordings withheld shall be disclosed promptly when the specific basis for withholding the recording is resolved.
810.10.3 REDACTION
If the Custodian of Records, in consultation with the Chief of Police or the authorized designee, determines that specific portions of the recording may violate the reasonable expectation of privacy of a person depicted in the recording, the Alameda Police Department should use redaction technology to redact portions of recordings made available for release. The redaction Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Records Maintenance and Release - 10 should not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording, and the recording should not otherwise be edited or altered (Government Code § 7923.625).

If any portions of a recording are withheld to protect the reasonable expectation of privacy of a person depicted in the recording, the Custodian of Records shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served (Government Code § 7923.625).
810.10.4 RECORDINGS WITHHELD FROM PUBLIC DISCLOSURE
If the reasonable expectation of privacy of a person depicted in the recording cannot adequately be protected through redaction, and that interest outweighs the public interest in disclosure, the Alameda Police Department may withhold the recording from the public, except that the recording, either redacted or unredacted, shall be disclosed promptly, upon request, to any of the following (Government Code § 7923.625):
(a) The person in the recording whose privacy is to be protected, or the person's authorized representative.
(b) If the person is a minor, the parent or legal guardian of the person whose privacy is to be protected.
(c) If the person whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased person whose privacy is to be protected.

If the Alameda Police Department determines that this disclosure would substantially interfere with an active criminal or administrative investigation, the Custodian of Records shall provide the requester with written notice of the specific basis for the determination and the estimated date of disclosure (Government Code § 7923.625).

The Alameda Police Department may continue to delay release of the recording from the public for 45 days with extensions as provided in this policy (Government Code § 7923.625).

Exhibit 1

Policy
1000
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

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 shall employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.

The strategy shall include:
(a) Establishment of a written recruitment plan.

1. The plan shall include an outline of steps for recruiting candidates who are representative of the community. This should include candidates who live in or are from the community, if appropriate and consistent with applicable laws and memorandums of understanding or collective bargaining agreements. (b) Identification of racially and culturally diverse target markets. (c) Use of marketing strategies to target diverse applicant pools. (d) 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.
(e) Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military. (f) Employee referral and recruitment incentive programs.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 2 (g) 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.

The Alameda Police Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of their 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 shall 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) Personal and professional 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

1. This review should include the identification of any activity that promotes or supports unlawful violence or unlawful bias against persons based on protected characteristics (e.g., race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability).
(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)
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 3

1. The Medical Suitability Declaration (POST form 2-363) provided by the evaluating physician shall be maintained in the candidate's background investigation file (11 CCR 1954).

2. The Psychological Suitability Declaration (POST form 2-364) provided by the evaluator shall be maintained in the candidate's background investigation file (11 CCR 1955).
(j) Review board or selection committee assessment
(k) Relevant national and state decertification records, if available, including the National Decertification Index
(l) Any relevant information in the National Law Enforcement Accountability Database 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).
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). 1000.5.2 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
All peace officer candidates shall be subject to a social media search for statements, postings, and/or endorsements made by the candidate that are relevant to suitability for peace officer employment, including bias-relevant information consistent with the requirements of 11 CCR 1955(d)(3) and any public expression of hate made in an online forum, as defined in Penal Code § 13680(g) (11 CCR 1953(e)(12)).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 4 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 whether to extend a conditional offer of employment. The report shall include sections that summarize relevant 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 identify the data sources reviewed for the findings, regardless of weight given. The report shall include narrative information in the format described in 11 CCR 1953(g)(1). The report shall also include whether the candidate has engaged or is engaging in membership in a hate group, participation in hate group activity, or advocacy or public expressions of hate, pursuant to Penal Code § 13680 et seq. (11 CCR 1953).

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 including relevant documentation of bias-related findings and documentation obtained through the social media search shall be included in the candidate's background investigation file (11 CCR 1953).

The background investigator shall document proof of verification of qualification for peace officer appointment on the Verification of Qualification for Peace Officer Appointment form and forward to the Administration Bureau Commander for final review and submission to POST (11 CCR 1953).

The background investigation file shall be made available during POST compliance inspections (11 CCR 1953).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 5 1000.5.5 RECORDS RETENTION
The background report and all supporting documentation shall be maintained according to the established records retention schedule and at a minimum as follows (Government Code § 12946; 11 CCR 1953):
(a) Reports and documentation for candidates hired by the Alameda Police Department shall be retained for the entire term of employment and a for a minimum of four years after separation from the Alameda Police Department.
(b) Reports and documentation for candidates not hired by the Alameda Police Department for a minimum of four years.
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). 1000.5.7 INVESTIGATOR TRAINING
Background investigators shall complete POST-certified background investigation training prior to conducting investigations (11 CCR 1953; 11 CCR 1959).
1000.5.8 CONFIDENTIAL POST RECORDS
Records released to the Alameda Police Department from POST that were previously withheld from the candidate by POST shall be kept confidential as provided in Penal Code § 13510.9. 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.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 6 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.

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) Be legally authorized to work in the United States under federal law (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) Free of hate group memberships, participation in hate group activities, or advocacy of public expressions of hate within the previous seven years, and since 18 years of age, as determined by a background investigation (Penal Code § 13681) (i) Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.):

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2025/01/03, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Recruitment and Selection - 7

1. Reading and writing ability assessment (11 CCR 1951)

2. Oral interview to determine suitability for law enforcement service (11 CCR 1952)
(j) POST certification that has not been revoked, denied, or voluntarily surrendered pursuant to Penal Code § 13510.8(f)
(k) Not identified in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or similar federal government 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)).

Exhibit 1

Policy
1014
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Sick Leave - 1 Sick Leave
1014.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. The accrual and terms of use of sick leave for eligible employees are detailed in the City personnel manual or applicable collective bargaining agreement.

This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.), the California Family Rights Act, leave for victims of crime or abuse, or for organ or bone marrow donor procedures (29 CFR 825; Government Code § 12945.2; Labor Code § 230
Government Code § 12945.1 8; Labor
Code § 1510).
1014.2 POLICY
It is the policy of the Alameda Police Department to provide eligible employees with a sick leave benefit.
1014.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.

Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.

Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity or other activity that may impede recovery from the injury or illness (see Outside Employment Policy).

Qualified appointments should be scheduled during a member’s non-working hours when it is reasonable to do so.
1014.3.1 NOTIFICATION
All members should notify the Watch Commander or appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than 30 minutes before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor (Labor Code § 246 ).

The Watch Commander or Supervisor, will verify through the Department's staffing application how many hours of sick leave the employee has used during the current calendar year. If the employee has used more than fifty percent of their yearly sick leave accrual, The Watch Commander or Supervisor will inform the employee that they may be required to furnish a statement from a health care provider supporting the need to be absent and/or the ability to return to work. The yearly sick leave accrual is ninety-six (96) hours. Fifty percent of that time is equal to or greater than forty- eight (48) hours
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Sick Leave
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Sick Leave - 2 When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible and practicable, provide the Alameda Police Department with no less than 30 days' notice of the impending absence (Labor Code § 246).

Upon return to work, members are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken. 1014.4 EXTENDED ABSENCE
Members on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return. 1014.5 REQUIRED NOTICES
The Human Resources Director shall ensure:
(a) Written notice of the amount of paid sick leave available is provided to employees as provided in Labor Code § 246.
(b) A poster is displayed in a conspicuous place for employees to review that contains information on paid sick leave as provided in Labor Code § 247. 1014.6 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy. (b) Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the Department of Human Resources as appropriate.
(c) Addressing absences and sick leave use in the member’s performance evaluation when excessive or unusual use has:

1. Negatively affected the member’s performance or ability to complete assigned duties.

2. Negatively affected department operations.
(d) When appropriate, counseling members regarding excessive absences and/or inappropriate use of sick leave.

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Sick Leave
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Sick Leave - 3 (e) Referring eligible members to an available employee assistance program when appropriate.

Exhibit 1

Policy
1026
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 1 Personnel Records
1026.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name._
1026.2 POLICY
It is the policy of this department to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7). 1026.3 ALAMEDA POLICE DEPARTMENT FILE
The department file shall be maintained as a record of a person’s employment/appointment with this department. The department file should contain, at a minimum:
(a) Personal data, including photographs, marital status, names of family members, educational and employment history, or similar information. A photograph of the member should be permanently retained.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in employment/appointment status. These should be permanently retained. (d) Original performance evaluations. These should be permanently retained. (e) Discipline records, including copies of sustained personnel complaints (see the Personnel Complaints Policy).

1. Disciplinary action resulting from sustained internally initiated complaints or observation of misconduct shall be maintained pursuant to the established records retention schedule and at least four years (Government Code § 12946).

2. Disciplinary action resulting from a sustained civilian's complaint involving misconduct shall be maintained pursuant to the established records retention schedule and at least 15 years (Penal Code § 832.5).

3. A civilian’s complaint involving misconduct that was not sustained shall be maintained pursuant to the established records retention schedule and at least five years (Penal Code § 832.5).
(f) Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment (Government Code § 3305).

1. Once a member has had an opportunity to read and initial any adverse comment, the member shall be given the opportunity to respond in writing to the adverse comment within 30 days (Government Code § 3306).

2. Any member response shall be attached to and retained with the original adverse comment (Government Code § 3306).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 2

3. If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment and the member should sign or initial the noted refusal. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file (Government Code § 3305). (g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.
1026.4 BUREAU FILE
Bureau files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Bureau file may contain supervisor comments, notes, notices to correct and other materials that are intended to serve as a foundation for the completion of timely performance evaluations.

All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code § 3305 and Government Code § 3306. 1026.5 TRAINING FILE
An individual training file shall be maintained by the Training Sergeant for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records).
_
(a) The involved member is responsible for providing the Training Sergeant or immediate supervisor with evidence of completed training/education in a timely manner. (b) The Training Sergeant or supervisor shall ensure that copies of such training records are placed in the member’s training file.
1026.6 INTERNAL AFFAIRS FILE
Internal affairs files shall be maintained under the exclusive control of the Professional Standards Unit in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police or the Professional Standards Unit supervisor.

These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition (Penal Code § 832.12). Investigations of complaints that result in the following findings shall not be placed in the member's file but will be maintained in the internal affairs file:
(a) Not sustained
(b) Unfounded
(c) Exonerated
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 3 Investigation files arising out of sustained civilian’s complaints involving misconduct shall be maintained pursuant to the established records retention schedule and for a period of at least 15 years. Investigations that resulted in other than a sustained finding may not be used by the Alameda Police Department to adversely affect an employee’s career (Penal Code § 832.5).

Investigation files arising out of internally generated complaints shall be maintained pursuant to the established records retention schedule and for at least four years (Government Code § 12946).

Investigation files arising out of a civilian complaint involving misconduct that was not sustained shall be maintained pursuant to the established records retention schedule and for at least five years (Penal Code § 832.5).
1026.7 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the member’s medical condition and history, including but not limited to:
(a) Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA).
(b) Documents relating to workers’ compensation claims or the receipt of short- or long- term disability benefits.
(c) Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries and related documents.
(d) Medical release forms, doctor’s slips and attendance records that reveal a member’s medical condition.
(e) Any other documents or materials that reveal the member’s medical history or medical condition, including past, present or future anticipated mental, psychological or physical limitations.
1026.8 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection.

Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy or according to applicable discovery procedures.

Nothing in this policy is intended to preclude review of personnel records by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business._ 1026.8.1 REQUESTS FOR DISCLOSURE
Any member receiving a request for a personnel record shall promptly notify the Custodian of Records or other person charged with the maintenance of such records.

Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made (Evidence Code § 1043).

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 4 The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel.

All requests for disclosure that result in access to a member’s personnel records shall be logged in the corresponding file.
_
1026.8.2 RELEASE OF PERSONNEL INFORMATION
Personnel records shall not be disclosed except as allowed by law (Penal Code § 832.7; Evidence Code § 1043) (See see also Records Maintenance and Release Policy).

Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this department may be guilty of a misdemeanor (Penal Code § 146e).

The Alameda Police Department may release any factual information concerning a disciplinary investigation if the member who is the subject of the investigation (or the member's representative) publicly makes a statement that is published in the media and that the member (or representative) knows to be false. The disclosure of such information, if any, shall be limited to facts that refute any such false statement (Penal Code § 832.7).

The Alameda Police Department may, without a request, disclose to the public the cause of termination for a disclosable incident involving a former officer, as permitted by law (Penal Code § 832.7(b)(13)).
1026.8.3 RELEASE OF LAW ENFORCEMENT GANG INFORMATION
Information relating to the termination of an officer from this department for participation in a law enforcement gang shall be disclosed to another law enforcement agency that is conducting a pre- employment background investigation except where specifically prohibited by law (Penal Code § 13670).
1026.8.4 RELEASE OF PEACE OFFICER RECORDS RELATING TO HATE COMPLAINTS Records relating to an officer for an investigation of a hate complaint described in Penal Code § 13682 with a sustained finding that the officer engaged in membership in a hate group, participated in a hate group activity, or advocacy of public expressions of hate are not confidential and shall be made available for public inspection though a public records request (Penal Code § 13683).

Records disclosed may be redacted as provided in Penal Code § 13683. 1026.9 MEMBERS' ACCESS TO THEIR PERSONNEL RECORDS
Any member may request access to the member's own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from the member's personnel records shall file a written request to the Chief of Police through the chain of command. The Alameda Police Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 5 and the written response from the Alameda Police Department shall be retained with the contested item in the member’s corresponding personnel record (Government Code § 3306.5).

Members may be restricted from accessing files containing any of the following information:
(a) An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline.
(b) Confidential portions of internal affairs files that have not been sustained against the member.
(c) Criminal investigations involving the member.
(d) Letters of reference concerning employment/appointment, licensing, or issuance of permits regarding the member.
(e) Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f) Materials used by the Alameda Police Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments, or other comments or ratings used for department planning purposes. (g) Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
(h) Records relevant to any other pending claim between the Alameda Police Department and the member that may be discovered in a judicial proceeding. 1026.10 RETENTION AND PURGING
Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule.
(a) During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police.
(c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule.
_
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 6 1026.11 RELEASE OF PERSONNEL RECORDS AND RECORDS RELATED TO CERTAIN

INCIDENTS, COMPLAINTS, AND INVESTIGATIONS OF OFFICERS
Personnel records and records related to certain incidents, complaints, and investigations of officers shall be released pursuant to a proper request under the Public Records Act and subject to redaction and delayed release as provided by law.

The Custodian of Records should work as appropriate with the Chief of Police or the Professional Standards Unit supervisor in determining what records may qualify for disclosure when a request for records is received and if the requested record is subject to redaction or delay from disclosure.

For purposes of this section, a record includes (Penal Code § 832.7(b)(3):
• All investigation reports.
• Photographic, audio, and video evidence.
• Transcripts or recordings of interviews.
• Autopsy reports.
• All materials compiled and presented for review to the District Attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action was consistent with law and department policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take.
• Documents setting forth findings or recommending findings. • Copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly
or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

Unless a record or information is confidential or qualifies for delayed disclosure as provided by Penal Code § 832.7(b)(8) or other law, the following records (hereinafter qualifying records) shall be made available for public inspection no later than 45 days from the date of a request (Penal Code § 832.7(b)(1)):
(a) Records relating to the report, investigation, or findings of:

1. The discharge of a firearm at another person by an officer.

2. The use of force against a person resulting in death or in great bodily injury (as defined by Penal Code § 243(f)(4)) by an officer.

3. A sustained finding involving a complaint that alleges unreasonable or excessive force.

4. A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
(b) Records relating to an incident where a sustained finding was made by the Alameda Police Department or oversight agency regarding:

Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 7

1. An officer engaged in sexual assault of a member of the public (as defined by Penal Code § 832.7(b)).

2. Dishonesty of an officer relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another officer, including but not limited to any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury. _

3. An officer engaged in conduct including but not limited to verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

4. An officer made an unlawful arrest or conducted an unlawful search.

Qualifying records will be made available regardless of whether the officer resigns before the Alameda Police Department or an oversight agency concludes its investigation (Penal Code § 832.7(b)(3)).

A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure (Penal Code § 832.7(b)(4)).

When an investigation involves multiple officers, the Alameda Police Department shall not release information about allegations of misconduct or the analysis or disposition of an investigation of an officer unless it relates to a sustained finding of a qualified allegation as provided by Penal Code § 832.7(b)(5). However, factual information about the action of the officer during an incident or the statements of an officer shall be released if the statements are relevant to a finding of the qualified allegation against another officer that is subject to release (Penal Code § 832.7(b)(5)). 1026.11.1 REDACTION
The Custodian of Records, in consultation with the Chief of Police or authorized designee, shall redact the following portions of qualifying records made available for release (Penal Code § 832.7(b)(6)):
(a) Personal data or information (e.g., home address, telephone number, identities of family members) other than the names and work-related information of officers (b) Information that would compromise the anonymity of whistleblowers, complainants, victims, and witnesses
(c) Confidential medical, financial, or other information where disclosure is prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force
(d) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the officer or another person
Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 8 Additionally, a record may be redacted, including redacting personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosing it (Penal Code § 832.7(b)(7)). 1026.11.2 DELAY OF RELEASE
Unless otherwise directed by the Chief of Police, the Custodian of Records should consult with a supervisor familiar with the underlying investigation to determine whether to delay disclosure of qualifying records due to any of the following conditions (Penal Code § 832.7):
(a) Active criminal investigations

1. Disclosure may be delayed 60 days from the date the misconduct or use of force occurred or until the District Attorney determines whether to file criminal charges, whichever occurs sooner.

2. After the initial 60 days, delay of disclosure may be continued if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer or against someone other than an officer who engaged in misconduct or used the force.
(b) Filed criminal charges

1. When charges are filed related to an incident in which misconduct occurred or force was used, disclosure may be delayed until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea has passed.
(c) Administrative investigations

1. Disclosure may be delayed until:
(a) There is a determination from the investigation whether the misconduct or use of force violated law or department policy, but no longer than 180 days after the date of the department’s discovery of the misconduct or use of force or allegation of misconduct or use of force
1026.11.3 NOTICE OF DELAY OF RECORDS
When there is justification for delay of disclosure of qualifying records, the Custodian of Records shall provide written notice of the reason for any delay to a requester as follows (Penal Code § 832.7):
(a) Provide the specific basis for the determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. The notice shall also include the estimated date for the disclosure of the withheld information. (b) When delay is continued beyond the initial 60 days because of criminal enforcement proceedings against anyone, at 180-day intervals provide the specific basis that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding and the estimated date for disclosure.

1. Information withheld shall be disclosed when the specific basis for withholding the information is resolved, the investigation or proceeding is no longer active, or Exhibit 1

Alameda Police Department
Alameda Police Department Policy Manual
Personnel Records
Copyright Lexipol, LLC 2025/01/08, All Rights Reserved.

Published with permission by Alameda Police Department ***DRAFT*** Personnel Records - 9 no later than 18 months after the date of the incident, whichever occurs sooner, unless:
(a) When the criminal proceeding is against someone other than an officer and there are extraordinary circumstances to warrant a continued delay due to the ongoing criminal investigation or proceeding, then the Alameda Police Department must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest for prompt disclosure of records about misconduct or use of force by officers.

In cases where an action to compel disclosure is brought pursuant to Government Code § 7923.000, the Alameda Police Department may justify delay by filing an application to seal the basis for withholding if disclosure of the written basis itself would impact a privilege or compromise a pending investigation (Penal Code § 832.7(b)(8)).
1026.12 SECTION TITLE
Exhibit 1