Alameda City Council
May 5, 2026

13) Total costs for maintenance, upgrades, licensing, and training.

437.12: RELEASING ALPR DATA
The Department shares the following data with the recipients, provided they have both a "right to know" and a "need to know." A "right to know" is the legal authority to receive information pursuant to a court order, statutory law, case law, or being a sworn member of a law enforcement agency conducting an active criminal/administrative investigation.

A "need to know" is a compelling reason to request information such as direct involvement in an investigation. The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law and this policy. Absent exigent circumstances, all other agencies that have not been authorized by the Office of the Chief of Police, the following procedures shall apply.

Personnel shall ask that the requesting agency to complete a written request for the ALPR data that includes:
(a) The name of the agency.
(b) The name of the person requesting.
(c) The intended purpose of obtaining the information.
(d) The request is reviewed by the on-duty watch commander or the authorized designee and approved before the request is fulfilled.
(e) The approved request is retained on file.

The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) before approving the release of ALPR data. The Alameda Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for the purpose of federal immigration enforcement. These federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). No facial recognition software will be incorporated into the ALPR software.

437.13: TRAINING
The Training Manager should ensure that members receive Department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (ALPRs) Training shall include, but not be limited to, this policy, relevant statutory and case law, and local ordinances and policies. An attestation that this policy has been reviewed shall be documented in all ALPR Operator's training records.

Exhibit 1

441: Medical Aid and Response

441.1: PURPOSE AND SCOPE
This policy recognizes that members often encounter persons in need of medical aid and establishes a law enforcement response to such situations.

441.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 4.1.5, 41.2.8

441.2: POLICY
It is the policy of the Alameda Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response.

441.3: FIRST RESPONDING MEMBER RESPONSIBILITIES
Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so.

Prior to initiating medical aid, the member should contact the Communications Center and request response by Emergency Medical Services (EMS) as the member deems appropriate.

Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing.

When requesting EMS, the member should provide the Communications Center with information for relay to EMS personnel in order to enable an appropriate response, including:
a. The location where EMS is needed.
b. The nature of the incident.
c. Any known scene hazards.
d. Information on the person in need of EMS, such as:

1. Signs and symptoms as observed by the member.

2. Changes in apparent condition.

3. Number of patients, sex, and age, if known.

4. Whether the person is conscious, breathing, and alert, or is believed to have consumed drugs or alcohol.

5. Whether the person is showing signs or symptoms of extreme agitation or is engaging in violent irrational behavior accompanied by profuse sweating, Exhibit 1

extraordinary strength beyond their physical characteristics, and imperviousness to pain.

Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.

Members should not direct EMS personnel whether to transport the person for treatment.

441.4: TRANSPORTING ILL AND INJURED PERSONS
Except in exceptional cases where alternatives are not reasonably available, members should not transport persons who are not in custody and who are unconscious, who have serious injuries, or who may be seriously ill. EMS personnel should be called to handle patient transportation.

For guidelines regarding transporting ill or injured persons who are in custody, see the Transporting Persons in Custody Policy.

Members should not provide emergency escort for medical transport or civilian vehicles.

441.5: PERSONS REFUSING EMS CARE
If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person.

In cases where mental illness may be a factor, the officer should consider proceeding with a 72-hour treatment and evaluation commitment (5150 commitment) process in accordance with the Mental Illness Commitments Policy.

If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person.

If the person who is in custody still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport.

Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment.

Exhibit 1

441.6: MEDICAL ATTENTION RELATED TO USE OF FORCE
Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies.

441.7: AIR AMBULANCE
Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response.

The Field Services Bureau Commander should develop guidelines for air ambulance landings or enter into local operating agreements for the use of air ambulances, as applicable. In creating those guidelines, the Alameda Police Department should identify:
• Responsibility and authority for designating a landing zone and determining the size of the landing zone.
• Responsibility for securing the area and maintaining that security once the landing zone is identified.
• Consideration of the air ambulance provider’s minimum standards for proximity to vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete, grass).
• Consideration of the air ambulance provider’s minimum standards for horizontal clearance from structures, fences, power poles, antennas or roadways. • Responsibility for notifying the appropriate highway or transportation agencies if a roadway is selected as a landing zone.
• Procedures for ground personnel to communicate with flight personnel during the operation.

One department member at the scene should be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance. Members should direct vehicle and pedestrian traffic away from the landing zone.

Members should follow these cautions when near an air ambulance:
• Never approach the aircraft until signaled by the flight crew. • Always approach the aircraft from the front.
• Avoid the aircraft’s tail rotor area.
• Wear eye protection during landing and take-off.
• Do not carry or hold items, such as IV bags, above the head. • Ensure that no one smokes near the aircraft.

Exhibit 1

441.8: AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE
A member may use an AED only after receiving appropriate training from an approved public safety first aid and CPR course (22 CCR 100026.01; 22 CCR 100027.01; 22 CCR 100027.02).

441.8.1: AED USER RESPONSIBILITY
Members who are issued AEDs should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly shall be taken out of service and given to the Training Sergeant who is responsible for ensuring appropriate maintenance.

Following use of an AED, the device shall be cleaned and/or decontaminated as required.

The electrodes and/or pads will be replaced as recommended by the AED manufacturer.

Any member who uses an AED should contact the Communications Center as soon as possible and request response by EMS.

441.8.2: AED REPORTING
Any member using an AED will complete an incident report detailing its use.

441.8.3: AED TRAINING AND MAINTENANCE
The Training Sergeant should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request (22 CCR 100027.05; 22 CCR 100027.06; 22 CCR 100028.07).

The Training Sergeant is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100027.05).

441.9: ADMINISTRATION OF OPIOID OVERDOSE MEDICATION
Members may administer opioid overdose medication in accordance with protocol specific by the licensed health care provider who prescribed the overdose medication for use by the member and (Civil Code 1714.22; 22 CCR 100019):
a. When trained and tested to demonstrate competence following initial instruction.
b. When authorized by the medical director of the LEMSA. c. In accordance with California Peace Officer Standards and Training (POST) standards.

Exhibit 1

Trained members may administer opioid overdose medication (Business and Professions Code § 4119.9).

441.9.1: OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training.

Members should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the member’s immediate supervisor Training Sergeant.

Any member who administers an opioid overdose medication should contact the Communications Center as soon as possible and request response by EMS.

441.9.2: OPIOID OVERDOSE MEDICATION REPORTING
Any member administering opioid overdose medication should detail its use in an appropriate report.

The Training Sergeant will ensure that the Records Supervisor is provided enough information to meet applicable state reporting requirements.

441.9.3: OPIOID OVERDOSE MEDICATION TRAINING
The Training Sergeant should ensure initial and refresher training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the local health department and comply with the requirements in 22 CCR 100027.03 and any applicable POST standards (Civil Code § 1714.22).

441.9.4: DESTRUCTION OF OPIOID OVERDOSE MEDICATION
The Training Sergeant shall ensure the destruction of any expired opioid overdose medication (Business and Professions Code § 4119.9).

441.9.5: OPIOID OVERDOSE MEDICATION RECORD MANAGEMENT
Records regarding acquisition and disposition of opioid overdose medications shall be maintained and retained in accordance with the established records retention schedule and at a minimum of three years from the date the record was created (Business and Professions Code § 4119.9).

441.10: SICK OR INJURED ARRESTEE
If an arrestee appears ill or injured, or claims illness or injury, the arrestee should be medically cleared prior to booking. If the officer has reason to believe the arrestee is Exhibit 1

feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking.

If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action.

Arrestees who appear to have a serious medical issue should be transported by ambulance to an appropriate medical facility.

Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably appears to be exhibiting symptoms that appear to be life threatening, including breathing problems or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants an EMS response in accordance with the officer's training.

441.10.1: HOSPITAL SECURITY AND CONTROL
Officers who transport persons in custody to medical facilities for treatment should provide security and control during examination and treatment consistent with department protocols. Any such transport should be conducted in accordance with the Transporting Persons in Custody Policy.

The Field ServicesBureau Commander should develop protocols related to the following:
a. Providing security and control during an examination or treatment, including:

1. Monitoring the person in custody (e.g., guarding against escape, suicide, and assault of others)

2. Removal of restraints, if necessary and appropriate (see the Handcuffing and Restraints Policy)
b. Responsibility for continuing security and control if the person in custody is admitted to the hospital

1. This should include transferring custody of the person to an appropriate agency.
441.11: FIRST-AID TRAINING
The Training Sergeant should ensure officers receive initial first-aid training within one year of employment and refresher training every two years thereafter (22 CCR 100026.03; 22 CCR 100027.06).

Exhibit 1

500: Traffic Function and Responsibility

500.1: PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs.

It is the policy of the Department to take enforcement action when a threat to life and/or public safety is involved. The following are some examples of serious violations:
a. Incidents involving drug/alcohol impairment
b. Drivers with a suspended or revoked license
c. Moving violations
d. Serious speed violations resulting in added danger to the public e. Hazardous violations including, but not limited to, reckless driving and speed contests
f. Multiple violations
g. Violations resulting in traffic collisions.

Officers should use discretion in determining enforcement action for acts such as:
a. Off-road vehicle violations
b. Equipment violations and other non-moving violations c. Public carrier and commercial vehicle violations
d. Other non-hazardous violations
e. Newly enacted laws and/or regulations
f. Pedestrian and bicycle violations

500.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 61.1.2, 61.1.5

500.1.2: TRAFFIC SECTION RESPONSIBILITIES
Exhibit 1

The Traffic Section shall have primary responsibility for planning, analysis, inspection, and coordination of the Department's traffic safety program. Its personnel provide specialized enforcement, investigation, education, and program supervision.

500.1.3: TRAFFIC SECTION COMMANDER
The Traffic Section Commander is a lieutenant who reports to the Bureau of Operations Commander. The Traffic Lieutenant's responsibilities include:
• Development and review of section goals and objectives annually • Management of the section and accomplishment of its goals and objectives • Planning for traffic-related events, incidents, and Department needs • Organizing, staffing, and inspecting the Traffic Section • Development of traffic policies and procedures
• Participation in the City Manager's Transportation Technical Team • Budget preparation

500.1.4: TRAFFIC SUPERVISOR
The Traffic Supervisor is a sergeant who reports to the Traffic Section Commander. The Traffic Sergeant's responsibilities include:
• Supervising, training, scheduling, and evaluating Traffic Section personnel • Motorcycle enforcement
• DUI enforcement
• Parking enforcement
• Operation, repair and maintenance of all traffic-related vehicles and equipment • Abandoned vehicle abatement
• Emergency back-up coverage for patrol
• Budget preparation for the Traffic Section
• Taxi permits issuance, enforcement and administration • Traffic safety education within the community
• Grant application and administration
The Traffic Sergeant collects, maintains, and utilizes traffic accident, enforcement, and other related data. These records are used for:
• Analysis of traffic accident data such as reports, investigations, locations, hazards and volume
• Analysis of traffic enforcement activities such as citations, arrests, dispositions, and locations
• Implementation of selective enforcement techniques and procedures based on analyzed data considering type of vehicles, volume, environmental factors, and violations
Exhibit 1

• Preparation and dissemination of statistical reports and analysis at regular intervals to department personnel
• Deployment of traffic enforcement personnel as indicated through traffic accident analysis and other related factors
The Traffic Sergeant shall be responsible for the review of all collision and hit and run reports.

The Traffic Sergeant causes all necessary and appropriate follow-up investigations and when necessary, authorizes the issuance of a citation.

The Traffic Sergeant shall keep abreast of and advise all uniformed personnel of any specific changes in traffic legislation and/or court decisions.

The Traffic Sergeant, through the Traffic Lieutenant, assists the Patrol Division in planning, coordinating and controlling special traffic situations, such as parades, demonstrations, special events, etc.

The Traffic Sergeant, through the Traffic Lieutenant, develops uniform traffic enforcement policies.

The Traffic Sergeant is responsible for the Adult School Crossing Guard Program which includes:
• Interviewing and hiring prospective crossing guards
• Training and supervising crossing guards at traffic posts • Maintaining adequate crossing guard clothing and equipment; Maintaining records on the judicious selection of crossing guard posts; Preparing an annual budget for program expenditures
The Traffic Sergeant's responsibilities and duties to other City agencies are:
• Assist and confer with the Engineering Department to create the best possible City- wide traffic movement by way of construction, reconstruction and placement of roads, road signs, signals, and markings
• Assist and confer with the City Attorney regarding any traffic related matters • Participate as a member of the City Manager's Transportation Technical Team and perform related duties
The Traffic Sergeant will provide the following assistance to agencies not within the City government:
• Act as a liaison with courts on traffic matters
• When requested by Community Oriented Policing Preventative Services (COPPS), provide speakers on topics related to traffic safety and driver improvement • Confer with other law enforcement agencies on mutual traffic problems Exhibit 1

500.1.5: TRAFFIC OFFICER
The duties of the Traffic Officer include, but are not limited to, the following:
• Technical accident investigation, including diagramming, skid-speed analysis, reconstruction, and follow-up as a part of the Major Accident Investigation Team (MAIT)
• Analysis of accident reports and records, when assigned • Selective traffic enforcement, including D.U.I. enforcement • Operation of speed measuring devices
• Traffic safety education and public information
• Supervision of adult school crossing guards
• Taxi permits and inspections
• Traffic direction and control
• Special events planning, coordination, and control
• Commercial vehicle enforcement and oversize load permits • Hazardous materials enforcement and investigation
• Other duties as assigned
• Child seat inspections and installations
• Administration of the Neighborhood Speed Watch Program • M.T.Z. deployment for speed complaints

500.1.6: TRAFFIC TECHNICIAN
Traffic Technicians are assigned to the Traffic Section, and perform duties which include the following:
• Parking enforcement
• Abandoned vehicle abatement
• Traffic direction and control
• Other duties as assigned

500.2: TRAFFIC [Officer_Deputy] DEPLOYMENT
Several factors are considered in the development of deployment schedules for officers of the Alameda Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include:
• Location
• Time
• Day
• Violation factors
Exhibit 1

All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence.

All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations.

Other factors to be considered for deployment are requests from the public, construction zones or special events.

500.3: ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions:

500.3.1: WARNINGS
Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations.

500.3.2: CITATIONS
Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum:
a. Explanation of the violation or charge
b. Court appearance procedure including the optional or mandatory appearance by the motorist
c. Notice of whether the motorist can enter a plea and pay the fine by mail or at the court

500.3.3: PHYSICAL ARREST
Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to:
a. Vehicular manslaughter
b. Felony and misdemeanor driving under the influence of alcohol/drugs c. Felony or misdemeanor hit-and-run
d. Refusal to sign notice to appear
Exhibit 1

e. Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances

500.4: SUSPENDED OR REVOKED DRIVERS LICENSES
If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601.

If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles.

500.4.1: TRAFFIC SECTION MANUAL
The Traffic Section Manual describes the Department's Traffic Services Program administration and operational policies and procedures. It will be maintained by the Traffic Sergeant, available as a resource for all personnel, and will be reviewed and updated annually.

500.5: HIGH-VISIBILITY VESTS
The Department has provided American National Standards Institute (ANSI) Class II high- visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598).

Although intended primarily for use while performing traffic related assignments, high- visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member.

500.5.1: REQUIRED USE
Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor.

Exhibit 1

Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement.

500.5.2: CARE AND STORAGE OF HIGH-VISIBILITY VESTS
High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored.

A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Training Sergeant should be promptly notified whenever the supply of vests in the equipment room needs replenishing.

Exhibit 1

504: Impaired Driving

504.1: PURPOSE AND SCOPE
This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI).

504.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 61.1.10

504.2: POLICY
The Alameda Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws.

504.3: INVESTIGATIONS
Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.

The Traffic Lieutenant will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum:
a. The field sobriety tests (FSTs) administered and the results. b. The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock).
c. Sources of additional information (e.g., reporting party, witnesses) and their observations.
d. Information about any audio and/or video recording of the individual’s driving or subsequent actions.
e. The location and time frame of the individual’s vehicle operation and how this was determined.
f. Any prior related convictions in California or another jurisdiction. 504.4: FIELD TESTS
The Traffic Lieutenant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws.

STATE
Exhibit 1

504.5: CHEMICAL TESTS
A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612):
a. The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152.
b. The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140).
c. The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136).
d. The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153).

If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample.

504.5.1: CHOICE OF TESTS
Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence).

A person arrested for DUI has the choice of whether the test is of the person's blood or breath, and the officer shall advise the person that the person has that choice. If the person arrested either is incapable, or states that the person is incapable, of completing the chosen test, the person shall submit to the remaining test.

If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)).

504.5.2: BREATH SAMPLES
The Traffic Lieutenant should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained.

Officers obtaining a breath sample should monitor the device for any sign of malfunction.

Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Traffic Lieutenant.

Exhibit 1

When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614).

The officer should also require the person to submit to a blood test if the officer has a clear indication that a blood test will reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s report (Vehicle Code § 23612(a)(2)(C)).

504.5.3: BLOOD SAMPLES
Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task.

Officers should inform an arrestee that if the arrestee chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required.

The blood sample shall be packaged, marked, handled, stored, and transported as required by the testing facility.

If an arrestee cannot submit to a blood draw because the arrestee has a bleeding disorder or has taken medication that inhibits coagulation, the arrestee shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test.

504.5.4: URINE SAMPLES
If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit.

Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain the arrestee's dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle Code § 23158(i)).

The sample shall be packaged, marked, handled, stored, and transported as required by the testing facility.

504.5.5: STATUTORY NOTIFICATIONS
Exhibit 1

Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4).

504.5.6: PRELIMINARY ALCOHOL SCREENING
Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, the person shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy the person's obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612).

504.5.7: PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of the person's blood, breath, or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388).

If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388).

504.6: REFUSALS
When an arrestee refuses to provide a viable chemical sample, officers should:
a. Advise the person of the requirement to provide a sample (Vehicle Code § 23612). b. Audio- and/or video-record the admonishment when it is practicable. c. Notify a supervisor to respond to the scene.
d. Advise the person a search warrant will be obtained to collect a sample. e. Document the refusal in the appropriate report. If a "DUI Blood Draw" E-warrant was not obtained, document the reason in the report.

Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the person and take possession of any state-issued license to operate a motor vehicle that is held by that person (Vehicle Code § 23612(e); Vehicle Code § 23612(f)).

504.6.1: BLOOD SAMPLE WITHOUT CONSENT
Exhibit 1

A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist:
a. A search warrant has been obtained (Penal Code § 1524). b. The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream.

Exigency can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person.

504.6.2: FORCED BLOOD SAMPLE
If an arrestee indicates by word or action that the person will physically resist a blood draw, the officer should request a supervisor to respond.

The responding supervisor should:
a. Evaluate whether using force to obtain a blood sample is appropriate under the circumstances.
b. Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. c. Advise the person of the person's duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance.

1. This dialogue should be recorded on audio and/or video if practicable. d. Ensure that the blood sample is taken in a medically approved manner. e. Ensure the forced blood draw is recorded on audio and/or video when practicable. f. Monitor and ensure that the type and level of force applied appears reasonable under the circumstances:

1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods.

2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report.

3. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted.
g. Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report.

If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above.

504.6.3: STATUTORY NOTIFICATIONS UPON REFUSAL
Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued Exhibit 1

license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)).

504.7: [recordsBureau] RESPONSIBILITIES
The Records Supervisor will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office.

504.8: ADMINISTRATIVE HEARINGS
The Records Supervisor will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to DMV.

Any officer who receives notice of required attendance to an administrative license suspension hearing should promptly notify the prosecuting attorney.

An officer called to testify at an administrative hearing should document the hearing date and DMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified.

504.9: ARREST AND INVESTIGATION

504.9.1: WARRANTLESS ARREST
In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5):
a. The person is involved in a traffic crash.
b. The person is observed in or about a vehicle that is obstructing the roadway. c. The person will not be apprehended unless immediately arrested. d. The person may cause injury to themselves or damage property unless immediately arrested.
e. The person may destroy or conceal evidence of a crime unless immediately arrested. 504.9.2: [Officer_Deputy] RESPONSIBILITIES
The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612):
a. Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV).

Exhibit 1

b. Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380.
c. Forward the results to the appropriate forensic laboratory if the person submitted to a blood or urine test.

Exhibit 1

509: Traffic Stop Guidelines
509.1: PURPOSE AND SCOPE
Officers make vehicle stops for a variety of reasons to include issuing warnings or citations, identify occupants, and/or detain criminal suspects. Officers should pre-plan every vehicle stop. Although it is impossible to predict the actions of the vehicle's driver or passenger(s), officers should consider the potential risks and develop a tactical plan for every stop. 509.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 61.1.7

509.2: UNKNOWN RISK GUIDELINES
An officer should consider the following guidelines when conducting traffic stops:
 Choose a stop location with tactical advantages. Consider traffic flow, lighting, and terrain.
 Prior to all stops, notify the dispatcher of your intended stop location, the vehicle's license number, and the vehicle's color and make.
 Utilize the appropriate overhead emergency and cautionary traffic-directing equipment. At night, utilize the appropriate vehicle-illuminating equipment.  Consider parking the patrol vehicle offset from the violator vehicle and within an appropriate distance based the information known about the occupant(s).  Determine the safest approach procedure taking into consideration traffic, visibility into the vehicle compartment, the number of occupants, the availability of other officers, and terrain. Officers should not pass between vehicles.  If the violator exits the vehicle or makes any unusual movements, immediately give verbal commands. If the violator fails to heed the commands, request an additional officer.
 Maintain a position of advantage when making contact with the occupant(s).  While determining the appropriate course of action, officers should be aware of the violator's location and the surroundings. Consider conducting all actions from the rear of the patrol vehicle. Always remain in a position that allows you to monitor the actions of the occupants and your surroundings.
 Notify dispatch of the disposition of the stop.

509.3: HIGH RISK GUIDELINES
Exhibit 1

There are situations that warrant a higher level response to traffic stops. Officers should consider the following:
 Seriousness of the crime(s)
 Availability of officers
 Location and terrain
 Number of occupants
When conducting a high risk stop, officers should follow POST approved standards.

Exhibit 1

510: LAW ENFORCEMENT ESCORTS

510.1: PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for law enforcement escorts in emergency and non-emergency situations.

Except as authorized by the Chief of Police, this Department shall not provide escorts to civilian vehicles.

510.1.1: Accreditation Standards
This policy pertains to the following CALEA standards: 61.3.3

510.2: Emergency Law Enforcement Escort Services
Emergency law enforcement escorts may include medical transports. However, during medical emergencies, patients should be transported by ambulance unless no alternative exists.

Escorting privately-owned vehicles under emergency situations is extremely dangerous and should be avoided.

510.2.1: Authorization
When feasible, officers should obtain supervisory approval when conducting emergency law enforcement escorts.

510.3: NON-EMERGENCY LAW ENFORCEMENT ESCORT SERVICES
Non-emergency escorts for special events may be provided with the approval of the Chief of Police. These include escorts of:
 Public officials
 Dignitaries
 Emergency vehicles
 Funerals
 Oversized vehicles
 Hazardous or unusual cargo
Persons or organizations requesting an escort must possess the appropriate permits and authorizations required by the City of Alameda before this Department will review the request.

Exhibit 1

The controlling employee sets the pace of the escort and should never allow the escort to continue in a way that would create a risk to public safety.

510.3.1: Authorization
The Bureau of Support Services Commander or designee shall review all requests for pre- planned traffic escorts. All requests for pre-planned escorts shall include:
 Route and maximum speeds to be reached for each segment of the route;  Appropriate traffic control at locations along the route that are sufficient to ensure safe passage; and
 Appropriate monitoring and tactical control of the escort.

The Bureau of Field Services Commander or designee shall review all requests for non- planned traffic escorts. When reviewing requests, the Bureau of Field Services shall consider:
 Vehicle and cargo types;
 Necessity to hasten travel;
 Availability of personnel; and
 Ability to assure basic law enforcement standards.

The safety of the public and employees during escorts shall always be paramount in consideration of approval.

Exhibit 1

600: Investigation and Prosecution

600.1: POLICY
It is the policy of the Alameda Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor.

600.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 42.1.3, 42.2.1

600.2: PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations.

600.3: INVESTIGATIONS DIVISION ORGANIZATION
The Investigations Division is within the Bureau of Support Services. The division is managed by a Lieutenant who reports to the Bureau Captain.

600.4: SCHEDULING
Scheduling of duty hours for the Investigations Division's personnel shall be the responsibility of the Division Commander and may be subject to adjustment to accomplish a specific police purpose.

Investigations Division personnel shall normally work the hours of the Second platoonas assigned by the Bureau Commander. When necessary, personnel may be scheduled for night and/or weekend duty.

It shall be the responsibility of the Division Commander to have at least one investigator available in the Division's office during normal working hours.

600.5: INVESTIGATIONS DIVISION GENERAL DUTIES AND

RESPONSIBILITIES
a. Cases other than those previously mentioned may be assigned to particular personnel or sections as deemed necessary by the Division Commander. b. Should any of the following offenses occur, the Bureau of Operations Commander, the Investigations Division Commander, and the Violent Crimes Unit supervisor shall be notified immediately, whether on or off duty:
c.

1. Kidnapping

2. Murder or suspicious death

3. Bombing

4. Police Officer involved shooting
Exhibit 1

5. All in custody deaths

6. Arson involving serious injury or death

7. a. If an arson involving major property damage occurs, the Investigations Division Commander and the Property
CrimesUnit supervisor shall be notified immediately, whether on or off duty.
d. For offenses other than those listed above, the Watch Commander or Duty Lieutenant shall be responsible for deciding whether or not off duty Investigations Division personnel should be contacted.
e. Whenever available, on duty Investigations Division personnel shall respond to reported felonies in progress, in order to assist with the investigation and /or apprehension of suspects.
f. During normal business hours, requests from outside agencies for felony investigations assistance involving local residents will be referred to the appropriate SectionUnit supervisor. Otherwise, patrol officers shall be directed to render the necessary assistance.
g. It is the responsibility of the Division Commander to review and assign each case received in the Division to the appropriate Investigative Unit. h. Unit Supervisors shall re-assign cases to their respective personnel for investigative follow-up and update the Case Management File appropriately. i. Although assigned to a specific unit, officers may be assigned to other units if deemed necessary by the Division Commander.
j. Unit supervisors shall ensure their personnel submit initial follow-up reports on all assigned cases in a timely manner.
k. Unit supervisors will ensure their personnel maintain an accurate monthly case assignment/status record using the Department's Case Management System. l. Unit supervisors shall submit to the Division Commander a monthly summary of their unit's activities.
m. The Division Commander shall ensure that personnel within the Division meet regularly for case briefings and information sharing.
n. All Investigations Division personnel will, as often as possible, attend association meetings pertaining to their specific assignments.
o. At the conclusion of their work day, personnel assigned to the Investigations Division shall clear their desks of assigned cases and other paraphernalia. p. No victim or citizen should be required to return at a later time, or fail to receive service, because a specific detective is not present to assist them. Despite specialization of assignments, assistance shall be provided to citizens whenever possible, even though it may involve temporarily working out of assignment.

600.5.1: TERRORISM LIAISON OFFICER
a. Terrorism Liaison Officer
Exhibit 1

1. The Terrorism Liaison Officer has the responsibility for specified intelligence gathering, dissemination, sharing, and maintaining as it relates to the analysis of criminal activity and Homeland Security intelligence. The Terrorism Liaison Officer also has the responsibility for training Department employees for emergency response to, and recovery from, natural disasters as related to National Recovery Plans.

2. The Investigations Division Lieutenant is the Department's designated Terrorism Liaison Officer.

3. It is the policy of the Department that all intelligence information be gathered and stored in accordance with the Code of Federal Regulations, Title 28, and Part 23, which is established to protect individual rights of speech, association, or privacy. Information may only be maintained when it is based on reasonable suspicion of involvement in criminal activity or conduct, and the information is relevant to that criminal activity or conduct.

b. Criminal/Homeland Security Intelligence

1. The gathering, evaluation, and dissemination of criminal intelligence and Homeland Security intelligence is the responsibility of the Terrorism Liaison Officer, under the direct command of the Bureau of Operations Captain.

2. The Chief of Police shall be informed of intelligence information that is relative and pertinent to the Alameda Police Department in a timely manner.

3. Intelligence information of a routine nature that is relative and pertinent to the Alameda Police Department shall be disseminated to staff and line officers for informational and training purposes.

c. Terrorism Liaison Officer Responsibilities

1. Ensure the Department is compliant with Homeland Security Presidential Directive 5, which is the Management of Domestic Incidents, through a National Incident Management System.

2. Ensure the Department is compliant with Homeland Security Presidential Directive 8, which is the national response plan for Federal assistance to State and local government, in the event of threatened or actual domestic terrorist attacks, major disasters, and other emergencies.

3. Maintain correspondence with federal and state terrorism task force groups for the purpose of gathering, sharing, dissemination, and maintaining of intelligence information related to possible criminal activity.

600.6: INITIAL INVESTIGATION

Exhibit 1

600.6.1: [Officer_Deputy] RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
a. Upon arrival, be observant of all conditions, events, and statements, and evaluate their significance to the crime.
b. Make a preliminary determination of whether a crime has been committed by completing, at a minimum:
c.

1. An initial statement from any witnesses or complainants.

2. A cursory examination for evidence.
d. If information indicates a crime has occurred, the officerofficer shall:
e.

1. Preserve the scene and any evidence as required to complete the initial and follow-up investigation.

2. Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required.

3. If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander.

4. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects.

5. Collect any evidence.

6. Take any appropriate law enforcement action.

7. Complete and submit the appropriate reports and documentation. f. If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information.an officer

600.6.2: [CivilianNonSworn] MEMBER RESPONSIBILITIES
A professional staff member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested.

600.7: FOLLOW-UP INVESTIGATION

600.7.1: CASE STATUS CONTROL SYSTEM
Exhibit 1

Upon screening a potential case, the Investigations Division Sergeant will decide which investigator will be assigned the case and enter the case information in the automated case management system. The case management information should include:
- Investigator's name
- Date assigned
- Case number
- Due date

600.7.2: ADMINISTRATIVE DESIGNATORS
All crimes investigated by the Alameda Police Department shall have administrative clearance designators to include open, closed, suspended.

600.7.3: INVESTIGATIONS CASE FILES
When a case is assigned to the Investigations Division, a temporary case file may be created and stored within the Investigations Division while the investigation is ongoing. This file should contain copies of preliminary investigative reports, records of statements, results of examination of evidence, case status reports, and other records needed for the investigation.

Upon completion of the case, all relevant and discoverable records should be transferred to the permanent record.

When the Investigator no longer needs the case file and all pertinent information has been transferred to the permanent record, case notes and work product material may be purged.

600.7.4: REPORT ACCESSIBILITY
The Records Management System (RMS) allows department-wide viewing of case files.

However, with the approval of a supervisor, general access to reports may be restricted.

600.8: CUSTODIAL INTERROGATION REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy.

600.8.1: AUDIO/VIDEO RECORDINGS
Exhibit 1

Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.

Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law.

No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Investigations Division commander.

Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes.

Recordings should not take the place of a thorough report and investigative interviews.

Written statements from suspects should continue to be obtained when applicable.

600.8.2: MANDATORY RECORDING OF ADULTS
Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5).

This recording is not mandatory when (Penal Code § 859.5):
a. Recording is not feasible because of exigent circumstances that are later documented in a report.
b. The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.
c. The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5.
d. The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder.
e. The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. f. A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible.

Exhibit 1

g. The questions are part of a routine processing or booking, and are not an interrogation.
h. The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded.

The Alameda Police Department shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5).

600.9: USE OF CERTAIN DNA SAMPLES
Known samples of DNA collected from a victim of a crime or alleged crime, and known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion are to be used only for the purpose directly related to the incident being investigated and in compliance with the procedures identified in Penal Code § 679.12.

600.10: COMPUTERS AND DIGITAL EVIDENCE
The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available.

600.11: INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. Information gathered via the internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using the member's own equipment, the member should note the dates, times, and locations of the information and report the discovery to the member's supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment.

Information obtained via the internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies).

600.11.1: ACCESS RESTRICTIONS
Exhibit 1

Information that can be accessed from any department computer, without the need of an account, password, email address, alias, or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval.

Accessing information from any internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report.

Accessing information that requires the use of a third party's account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report.

Information gathered from any internet source should be evaluated for its validity, authenticity, accuracy, and reliability. Corroborative evidence should be sought and documented in the related investigative report.

Any information collected in furtherance of an investigation through an internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered.

600.11.2: INTERCEPTING ELECTRONIC COMMUNICATION
Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception.

600.12: CUSTODIAL INTERROGATION REQUIREMENTS
Any custodial interrogation of a person who is suspected of having committed any violent felony offense should be electronically recorded (audio/video or both as available) in its entirety as otherwise allowed by law. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.

Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate and beneficial to the investigation and is otherwise allowed by law.

No recording of an interrogation should be destroyed or altered without written authorization from the District Attorney and the Investigations Division supervisor. Copies of recorded interrogations or interviews may be made in the same or different format provided they are true, accurate and complete copies and are made only for authorized and legitimate law enforcement purposes.

Exhibit 1

Officers should not allow the recording to take the place of a thorough report and investigative interviews and should continue to obtain written statements from suspects when applicable.

600.12.1: MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility or other official setting. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).

This recording is not mandatory when (Penal Code § 859.5):
a. Recording is not feasible because of exigent circumstances that are later documented in a report.
b. The individual refuses to have the interrogation recorded, including refusal anytime during interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.
c. The custodial interrogation took place in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5.
d. The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed a murder.
e. The interrogation would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. f. A recording device fails despite reasonable maintenance and the timely repair or replacement was not feasible.
g. Questions are part of a routine processing or booking, and not an interrogation.

These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction of the individual or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institution Code § 626.8).

600.13: DISCONTINUATION OF INVESTIGATIONS
The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies:

Exhibit 1

a. All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately.
b. The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition.

1. In these cases, the investigator shall document that the person was warned and why prosecution was not sought.

2. Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor.
c. The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation.
d. The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted, or requested, and there is no need to take the suspect into custody.
e. Suspects have been arrested, there are no other suspects, and further investigation is either not warranted, or requested.
f. Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases).

The Domestic Violence, Child Abuse, Sexual Assault Investigations, and Senior and Disability Victimization policies may also require an arrest or submittal of a case to a prosecutor.

600.14: MODIFICATION OF CHARGES FILED
Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of a supervisor. Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor.

600.15: CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY The Criminal Investigations Bureau Commander is responsible for ensuring the following for cellular communications interception technology operations (Government Code § 53166):
a. Security procedures are developed to protect information gathered through the use of the technology.
b. A usage and privacy policy is developed that includes:

1. The purposes for which using cellular communications interception technology and collecting information is authorized.

2. Identification by job title or other designation of employees who are authorized to use or access information collected through the use of cellular communications interception technology.

3. Training requirements necessary for those authorized employees.

Exhibit 1

4. A description of how the Alameda Police Department will monitor the use of its cellular communications interception technology to ensure the accuracy of the information collected and compliance with all applicable laws.

5. Process and time period system audits.

6. Identification of the existence of any memorandum of understanding or other agreement with any other local agency or other party for the shared use of cellular communications interception technology or the sharing of information collected through its use, including the identity of signatory parties.

7. The purpose of, process for and restrictions on the sharing of information gathered through the use of cellular communications interception technology with other local agencies and persons.

8. The length of time information gathered through the use of cellular communications interception technology will be retained, and the process the local agency will utilize to determine if and when to destroy retained information.

Members shall only use approved devices and usage shall be in compliance with department security procedures, the department’s usage and privacy procedures and all applicable laws.

600.16: ANTI-REPRODUCTIVE RIGHTS CRIMES
A member should take a report any time a person living within the jurisdiction of the Alameda Police Department reports that the person has been a victim of an anti- reproductive rights crime as defined by Penal Code § 13776 and Penal Code § 423.3. This includes:
a. Taking a report, even if the location of the crime is outside the jurisdiction of this department or has not been determined (e.g., online harassment). b. Providing the victim with the appropriate information, as set forth in the Victim and Witness Assistance Policy. Members should encourage the person to review the material and should assist with any questions.

A report should also be taken if a person living outside department jurisdiction reports an anti-reproductive rights crime that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box in the city to facilitate the crime).

A member investigating an anti-reproductive rights crime should ensure that the case is referred to the appropriate agency if it is determined that this department should not be the investigating agency. The victim should be advised that the case is being transferred to the agency of jurisdiction. The appropriate entries should be made into any databases that have been authorized for department use and are specific to this type of investigation.

Exhibit 1

The Investigations Division supervisor should provide the Records Supervisor with enough information regarding the number of calls for assistance and number of arrests to meet the reporting requirements to the California Department of Justice as required by Penal Code § 13777. See the Records Division Policy for additional guidance.

600.17: STATE REQUIREMENTS FOR FIREARM INVESTIGATIONS

600.17.1: CALIFORNIA DOJ NOTICE OF LOCATION OF REPORTED LOST OR

STOLEN FIREARM
When notification is received from the California Department of Justice (DOJ) that a firearm purchase matches an entry made into the Automated Firearms System by the Alameda Police Department as lost or stolen, the Investigations Division supervisor shall assign an officer to retrieve the firearm and book the firearm into evidence in accordance with the Property and Evidence Policy. Recovery of the firearm shall be reported pursuant to Penal Code § 11108.2, Penal Code §11108.3, and Penal Code § 11108.5. If appropriate, arrangements may be made to have another state or local law enforcement agency retrieve the firearm on behalf of the Alameda Police Department (Penal Code § 28220).

600.17.2: RELINQUISHMENT OF FIREARMS VERIFICATION
The Investigations Division supervisor shall designate a member to have access to the Armed Prohibited Persons System (APPS) to receive information regarding individuals in the jurisdiction of the Alameda Police Department who have become a prohibited possessor of a firearm registered in their name and have not provided proof of relinquishment. The member shall document steps taken to verify that the individual is no longer in possession of firearms and provide the information to the Records Division for preparation of a quarterly report to the California DOJ (Penal Code § 29813) (see the Records Division Policy for additional guidance).

Exhibit 1

601: Sexual Assault Investigations

601.1: PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults.

These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims.

Mandatory notifications requirements are addressed in the Child Abuse and Senior and Disability Victimization policies.

601.1.1: DEFINITIONS
Definitions related to this policy include:

Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq.

Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims.

601.2: POLICY
It is the policy of the Alameda Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community.

601.3: QUALIFIED INVESTIGATORS
Qualified investigators should be available for assignment of sexual assault investigations.

These investigators should:
a. Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. b. Conduct follow-up interviews and investigation.
c. Present appropriate cases of alleged sexual assault to the prosecutor for review. d. Coordinate with other enforcement agencies, social service agencies and medical personnel as needed.
e. Provide referrals to therapy services, victim advocates and support for the victim. f. Participate in or coordinate with SART.

Exhibit 1

601.4: REPORTING
In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated.

601.5: RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Investigations Division supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes.

601.6: TRAINING
Subject to available resources, periodic training should be provided to:
a. Members who are first responders. Training should include:

1. Initial response to sexual assaults.

2. Legal issues.

3. Victim advocacy.

4. Victim’s response to trauma.

5. Proper use and handling of the California standardized SAFE kit (Penal Code § 13823.14).
b. Qualified investigators, who should receive advanced training on additional topics.

Advanced training should include:

1. Interviewing sexual assault victims.

2. SART.

3. Medical and legal aspects of sexual assault investigations.

4. Serial crimes investigations.

5. Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP).

6. Techniques for communicating with victims to minimize trauma. 601.7: VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call to the Communications Center, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect.

Whenever possible, a member of SART should be included in the initial victim interviews.

An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met Exhibit 1

(e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator.

No opinion of whether the case is unfounded shall be included in the report.

Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4).

Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy.

601.7.1: VICTIM RIGHTS
Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:
a. Prior to the commencement of the initial interview, advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, about any other rights of a sexual assault victim pursuant to the sexual assault victim card described in Penal Code § 680.2, and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04).
b. If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2).

1. The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 679.04).

2. A support person may be excluded from the examination by the officer or the medical provider if the support person's presence would be detrimental to the purpose of the examination (Penal Code § 264.2).
601.7.2: VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public.

The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293).

Except as authorized by law, members of this department shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293).

Exhibit 1

601.8: COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim.

When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault.

If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable.

Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing.

Victims who choose not to assist with an investigation, do not desire that the matter be investigated, or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately (Penal Code § 680).

601.8.1: COLLECTION AND TESTING REQUIREMENTS
Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). SAFE kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680).

In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer shall ensure that an information profile for the SAFE kit evidence has been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of collection and should further ensure that the results of any such test have been timely entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System (CODIS) (Penal Code § 680.3).

If the assigned officer determines that a SAFE kit submitted to a private vendor laboratory for analysis has not been tested within 120 days after submission, the officer shall update the SAFE-T database to reflect the reason for the delay in testing. The assigned officer shall continue to update the status every 120 days thereafter until the testing is complete, the statute of limitations has run, or the SAFE kit is exempt from the update requirement (Penal Code § 680.3).

If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the Exhibit 1

assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18-month period (Penal Code § 680).

Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy.

601.8.2: COLLECTION OF DNA REFERENCE SAMPLES
Reference samples of DNA collected directly from a victim of sexual assault, and reference samples of DNA collected from any individual that were voluntarily provided for the purpose of exclusion, shall be protected as provided in Penal Code § 679.12 (Penal Code § 680).

601.8.3: DNA TEST RESULTS
A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy. a. Upon receipt of a written request from a sexual assault victim or the victim's authorized designee, members investigating sexual assault cases shall inform the victim of the status of the DNA testing of any evidence from the victim's case (Penal Code § 680).

1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail.

2. Absent a written request, no member of this department is required to, but may, communicate with the victim or the victim's authorized designee regarding the status of any DNA testing.
b. Sexual assault victims shall further have the following rights (Penal Code § 680):

1. To be informed if a DNA profile of the assailant was obtained from the testing of the SAFE kit or other crime scene evidence from their case.

2. To be informed if there is a confirmed match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the DOJ Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation.

3. To be informed if the DNA profile of the assailant developed from the evidence has been entered into the DOJ Databank or the federal Department of Justice or Federal Bureau of Investigation CODIS database of case evidence.

4. To access the DOJ SAFE-T database portal consistent with Penal Code § 680.3(e) for information involving their own forensic kit and the status of the kit.

Exhibit 1

c. Provided that the sexual assault victim or the victim's authorized designee has kept the assigned officer informed with regard to current address, telephone number, and email address (if available), any victim or the victim's authorized designee shall, upon request, be advised of any known significant changes regarding the victim's case (Penal Code § 680).

1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail.

2. No officer shall be required or expected to release any information which might impede or compromise any ongoing investigation.

601.8.4: STANDARDIZED SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE KIT
The Property and Evidence Unit supervisor should make California standardized sexual assault forensic medical evidence (SAFE) kits available to members who may investigate sexual assault cases. Members investigating a sexual assault should use these SAFE kits when appropriate and follow related usage guidelines issued by the California Clinical Forensic Medical Training Center (Penal Code § 13823.14).

601.8.5: NON-TESTING OF SAFE KITS
Sexual assault survivors 18 years or older may be undecided at the time of the medical examination whether to report the sexual assault to law enforcement and may request that any collected medical evidence not be tested. If such a request is made, the medical facility is responsible for the transfer of the SAFE kit to the Alameda Police Department, if the Alameda Police Department is the investigating agency. The Alameda Police Department shall retain the SAFE kit until the sexual assault survivor requests testing (Penal Code § 680).

If the Alameda Police Department receives a request for non-testing after the examination and the SAFE kit has not already been submitted to a crime lab, the SAFE kit shall be retained by the Alameda Police Department. If the SAFE kit has been submitted to the crime lab, but DNA testing has not yet begun, the assigned officer shall notify the crime lab of the request, and the untested SAFE kit shall be returned to the Alameda Police Department and retained pursuant to department protocols (Penal Code § 680).

A sexual assault survivor who initially requested that their SAFE kit not be tested may later request testing, regardless of whether they decide to make a report to law enforcement.

The Investigations Division supervisor should ensure the SAFE kit is sent to the crime lab for testing (Penal Code § 680).

601.9: DISPOSITION OF CASES
Exhibit 1

If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Investigations Division supervisor.

Classification of a sexual assault case as unfounded requires the Investigations Division supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded.

601.10: CASE REVIEW
The Investigations Division supervisor should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of:
• Case dispositions.
• Decisions to collect biological evidence.
• Submissions of biological evidence for lab testing.

The SART and/or victim advocates should be considered for involvement in this audit.

Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police

Exhibit 1

603: Informants

603.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of informants.

603.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 42.2.6

603.1.2: DEFINITIONS
Definitions related to this policy include:

Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the Alameda Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the Alameda Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money).

603.2: POLICY
The Alameda Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy.

603.3: USE OF INFORMANTS

603.3.1: INITIAL APPROVAL
Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility.

Members of this department should not guarantee absolute safety or confidentiality to an informant.

603.3.2: JUVENILE INFORMANTS
The use of informants under the age of 13 is prohibited.

Exhibit 1

Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco products, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following:
a. The juvenile’s parents or legal guardians
b. The juvenile’s attorney, if any
c. The court in which the juvenile’s case is being handled, if applicable (Penal Code § 701.5)
d. The Chief of Police or the authorized designee
603.3.3: INFORMANT AGREEMENTS
All informants are required to sign and abide by the provisions of the designated department informant agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant.

Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant.

603.4: INFORMANT INTEGRITY
To maintain the integrity of the informant process, the following must be adhered to:
a. The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Bureau Commander, Investigations supervisor or their authorized designees.
b.

1. Identities of informants acting in a confidential capacity shall otherwise be kept confidential.
c. Criminal activity by informants shall not be condoned. d. Care should be given not to expose informants to unnecessary safety risks. e. Informants shall be told they are not acting as police officers, employees or agents of the Alameda Police Department, and that they shall not represent themselves as such. f. The relationship between department members and informants shall always be ethical and professional.
g.

1. Members shall not become intimately involved with an informant.

2. Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Investigations supervisor.

3. Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant.
h. Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the Investigations supervisor. i.

Exhibit 1

1. Officers may meet informants alone in an occupied public place, such as a restaurant.
j. When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer.
k. In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses.
l. Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution.
603.4.1: UNSUITABLE INFORMANTS
The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Alameda Police Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate.

Considerations for determining whether an informant is unsuitable include, but are not limited to, the following:
a. The informant has provided untruthful or unreliable information in the past. b. The informant behaves in a way that may endanger the safety of an officer. c. The informant reveals to suspects the identity of an officer or the existence of an investigation.
d. The informant appears to be using his/her affiliation with this department to further criminal objectives.
e. The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency.
f. The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation. g. The informant commits criminal acts subsequent to entering into an informant agreement.
603.5: INFORMANT FILES
A master file shall be maintained of the Department's informants. The master file shall include the names of all informants, the identification number assigned to the informant, the name of the informant's managing employee, and the status of the informant (i.e., active, inactive, unreliable).

Exhibit 1

Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant.

Informant files shall be maintained in a secure area within the Special Investigations UnitInvestigations Division. The Special Investigations Unit supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Bureau Commander, Special Investigations Unit supervisor or their authorized designees.

The Criminal Investigations Bureau Commander should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Special Investigations Unit supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy.

The audit should be conducted by a supervisor who does not have normal access to the informant files.

603.5.1: FILE SYSTEM PROCEDURE
A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file:
a. Name and aliases
b. Date of birth
c. Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features
d. Photograph
e. Current home address and telephone numbers
f. Current employers, positions, addresses and telephone numbers g. Vehicles owned and registration information
h. Places frequented
i. Briefs of information provided by the informant and his/her subsequent reliability j.

1. If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification.
k. Name of the officer initiating use of the informant
l. Signed informant agreement
m. Update on active or inactive status of informant
n. Criminal history record, if any
o. Information on how they can be located
Exhibit 1

603.6: INFORMANT PAYMENTS
No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria:
• The extent of the informant's personal involvement in the case • The significance, value or effect on crime
• The value of assets seized
• The quantity of the drugs or other contraband seized
• The informant’s previous criminal activity
• The level of risk taken by the informant
The Unit supervisor will discuss the above factors with the Investigations Division Lieutenant and recommend the type and level of payment subject to approval by the Chief of Police.

The Investigations supervisor will discuss the above factors with the Field Services Bureau Commander and recommend the type and level of payment subject to approval by the Chief of Police.

603.6.1: PAYMENT PROCESS
Approved payments to an informant should be in cash using the following process:
a. Payments of $500 and under may be paid in cash from a Special Investigations Unit buy/expense fund.
b.
a. The Special Investigations Unit supervisor shall sign the voucher for cash payouts from the buy/expense fund.
c. Payments exceeding $500 shall be made by issuance of a check, payable to the officer who will be delivering the payment.
d.

1. The check shall list the case numbers related to and supporting the payment.

2. A written statement of the informant's involvement in the case shall be placed in the informant's file.

3. The statement shall be signed by the informant verifying the statement as a true summary of his/her actions in the case.

4. Authorization signatures from the Chief of Police and the City Manager are required for disbursement of the funds.
e. To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form.
f.

1. The cash transfer form shall include the following:

2. Exhibit 1

a. Date
b. Payment amount
c. Alameda Police Department case number
d. A statement that the informant is receiving funds in payment for information voluntarily rendered.

3. The cash transfer form shall be signed by the informant.

4. The cash transfer form will be kept in the informant's file. 603.6.2: REPORTING OF PAYMENTS
Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR

1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued.

In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file.

603.6.3: AUDIT OF PAYMENTS
The Special Investigations Unit supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law.

At least once every six monthsannually, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process.

Exhibit 1

606: Brady Material Disclosure

606.1: PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called “Brady information”) to a prosecuting attorney.

606.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 42.1.6

606.1.2: DEFINITIONS
Definitions related to this policy include:

Brady information - Information known or possessed by the Alameda Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant.

606.2: POLICY
The Alameda Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Alameda Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Alameda Police Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy.

606.3: DISCLOSURE OF INVESTIGATIVE INFORMATION
Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s office.

If information is believed to be privileged or confidential (e.g., confidential informant or attorney-client information, attorney work product), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed.

Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence Exhibit 1

or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor.

Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Alameda Police Department case file.

This policy shall apply to pre- and post-conviction investigations.

606.4: DISCLOSURE OF PERSONNEL INFORMATION
Whenever it is determined that Brady information is located in the personnel file of a member of this department who is a material witness in a criminal case, the following procedure shall apply:
a. In the event that a Pitchess motion has not already been filed by the criminal defendant or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be notified of the potential presence of Brady information in the officer’s personnel file.
b. The prosecuting attorney should then be requested to file a Pitchess motion in order to initiate an in-camera review by the court.
c. Any member who is the subject of such a motion shall be notified in writing that a motion has been filed.
d. The Custodian of Records shall accompany all relevant files during any in-camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant.
e. If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion.

1. Prior to the release of any information pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case.

606.5: INVESTIGATING BRADY ISSUES
If the Alameda Police Department receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy.

606.6: TRAINING
Exhibit 1

Alameda Police Department members should receive periodic training on the requirements of this policy.

Exhibit 1

610: Vice, Drugs, and Organized Crime

610.1: PURPOSE AND SCOPE
The investigation of vice, drugs, and organized crime activities can involve large expenditures of time, money, and effort. This policy will help to evaluate the accuracy and credibility of initial information and determine the scope and relative importance of the problem.

610.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 43.1.1, 43.1.5

610.2: COMPLAINT HANDLING
When alleged vice, drugs, or organized crime activity information is received, the following details shall be documented:

1. Source

2. Activity

3. Pertinent dates and times

4. Name of the member receiving the information

5. Any other pertinent information
Documentation may be by official police report, memorandum, or CAD incident entry.

Reports regarding vice, drugs, or organized crime activity shall be routed to the Bureau of Support Services. The case may be assigned for follow-up or routed to the appropriate jurisdiction. If the case if routed to another agency, such routing shall be documented in a report or CAD. The Bureau of Support Services shall notify the Chief of Police of any high- profile vice, drugs, or organized crime cases or arrests.

610.3: OPERATIONS
When any surveillance, undercover, or decoy operation is planned, the member in charge of the operation shall prepare an operations plan in accordance with existing procedures prior to engaging in the operation. The member shall also ensure that personnel engaged in the operation are briefed. Members shall not participate in any surveillance, undercover, or decoy operation with outside agencies that do not meet the requirements of this policy.

610.3.1: Operations Plans
The written operations plan will address the needs of each specific situation and will include:

Exhibit 1

 Analysis of a particular crime, victim, and suspects
 A determination of the legal ramifications of the operation  Familiarization of the involved officers with the objectives and details of the operation and the geographical area of the operation
 Pre-determined operational procedures for observation, arrests, surveillance, and high-risk entries
 Established means of routine and emergency communication  Selection of all necessary equipment and vehicles
 Procedures for supplying officers with false identity, disguises, and necessary credentials
 Maintenance of overall confidentiality and cover
 Designation of a single person as supervisor and coordinator  Plans for making contact with suspects
 Provisions covering the search and seizure of evidence and contraband  Provisions for providing relief, backup security, and perimeter protection personnel for officers
 Provisions for obtaining coordination and assistance from others Upon conclusion of an operation, the Commander overseeing the incident shall complete an After Action Report.

Exhibit 1

802: Property & Evidence Unit

802.1: 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.

802.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 83.3.2, 84.1.1, 84.1.6

802.1.2: 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.

802.2: 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.

802.3: PROPERTY HANDLING
All property that is taken into the custody of the Alameda Police Department must be documented in a report. The report will detail the circumstances by which the property came into the member's possession and a description of each item.

Any member who first comes into possession of any property shall retain such property in 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.

Exhibit 1

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.

802.3.1: PROPERTY BOOKING PROCEDURE
All property must be booked prior to the member going off-duty unless otherwise approved by a supervisor. 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 name, finder's name, and other identifying information or markings.
b. Mark each item of evidence with the booking 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. 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.

802.3.2: 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.

802.3.3: 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.

Exhibit 1

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.

802.3.4: 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 labels are to be affixed 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.

802.3.5: 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
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.

Exhibit 1

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).

802.4: 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

802.4.1: PACKAGING CONTAINER
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.

802.4.2: 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. 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 Property & Evidence Unit. 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.

Exhibit 1

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

802.5: 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 in the Property & Evidence database.

A property number shall be obtained for each item or group of items. This number shall be recorded on the property label.

Any changes in the location of property held by the Alameda Police Department shall be noted in the property logbook.

802.6: 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.

802.6.1: 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.

802.6.2: TRANSFER OF EVIDENCE TO CRIME LABORATORY
The transporting 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 member to whom it was delivered. The original copy of the lab form shall be uploaded to the digital evidence database or returned to the Records Division for filing with the case.

Exhibit 1

802.6.3: SUBMISSION OF EVIDENCE FOR LABORATORY ANALYSIS • All submission of evidence to an external laboratory facility shall only be with the approval of the Property & Evidence Manager or his/her designee. • All evidence shall be packaged in department approved envelopes or containers with the appropriate evidence tracking documentation attached. • Evidence requiring transport shall be handled by department personnel and will include documentation indicating the type of evidence, as well as the appropriate laboratory processing request forms.
• Appropriate receipts shall be utilized in order to maintain the chain of evidence. All evidence shall be accompanied by properly completed individual chain of custody documentation at all times.
• All laboratory processing results shall be documented in writing. 802.6.4: 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 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.

The return of the property should be recorded on the property control card, indicating date, time, and the person who returned the property.

802.6.5: AUTHORITY TO RELEASE PROPERTY
The Investigations Division shall authorize the disposition or release of evidence and property under their purview coming into the care and custody of the Alameda Police Department.

802.6.6: RELEASE OF PROPERTY
All reasonable attempts shall be made by the Property & Evidence Technician 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.

Exhibit 1

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).

802.6.7: 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)).

802.6.8: CONTROL OF NARCOTICS AND DANGEROUS DRUGS
Exhibit 1

The Investigations Division 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.

802.6.9: RELEASE OF 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).

802.6.10: RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS

MATTERS
Firearms, 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.
802.6.11: 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 Exhibit 1

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, 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 Police 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.

802.6.12: 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.

802.7: 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.

802.7.1: 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) • Altered vehicles or component parts (Vehicle Code § 10751) • Narcotics (Health and Safety Code § 11474 et seq.)
Exhibit 1

• Unclaimed, stolen, or embezzled property (Penal Code § 1411) • Destructive devices (Penal Code § 19000)
• Sexual assault evidence (Penal Code § 680)
802.7.2: 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.

802.7.3: 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 Exhibit 1

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).

802.7.4: 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).

802.8: INSPECTIONS OF THE EVIDENCE ROOM
a. On a regularsemi-annual basis, the supervisor of the evidence custodian shall makeconduct an inspection of the evidence storage facilities and practices to ensuredetermine adherence to appropriate policies and procedures used for the control of property and evidence.

Exhibit 1

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. See Alameda Police Department Property & Evidence Manual.
d. An audit of property and evidence conducted in compliance with the Alameda Police Department Property & Evidence Manual shall occur Wheneverwhenever 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 to the property room or functionthe evidence custodian is assigned to and/or transferred from the position. The audit is to be conducted jointly by the newly designated custodian and a designee of the Chief of Police to ensure that records are correct and all evidence property is accounted forproperty annotated.

802.9: 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

1000: 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 AlamedaDepartment of Human Resources.

1000.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 31.4.1

1000.2: APPLICANT QUALIFICATIONS
Candidates for job openings will be selected based on merit, ability, competence and experience.

All peace officer candidates must meet the minimum standards described in California Government Code § 1031 in addition to the employment standards established by this department.

1000.2.1: VETERAN’S PREFERENCE
Qualifying veterans of the United States armed forces shall receive a veteran’s preference after receiving a passing score on an entrance exam (Government Code § 18973.1). This provision includes widows and widowers of veterans, and spouses of veterans who are 100 percent disabled.

1000.3: 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.

Exhibit 1

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.

1000.4: STANDARDS
Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The AlamedaDepartment of Human Resources maintains standards for all positions.

The dilemma facing the Department is one of developing a job-valid and non- discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the Alameda or State of California hiring standards. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which are used as a professional standard in background investigations.

The following standards have been adopted for public safety applicants:

1000.4.1: OPERATION OF A MOTOR VEHICLE
a. The ability to possess a valid California driver's license b. The ability to drive safely
c. The ability to control a motor vehicle at high speeds d. The ability to operate a motor vehicle in all types of weather conditions e. The following shall be disqualifying:

1. Receipt of three or more moving violations (or any single violation of a potential life threatening violation, such as reckless driving, speed contest, suspect of a pursuit, etc.) within three years prior to application. Moving violations for which there is a factual finding of innocence shall not be included.

2. Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to date of application.

3. A conviction for driving under the influence of alcohol and/or drugs within three years prior to application or any two convictions for driving under the influence of alcohol and/or drugs.

1000.4.2: INTEGRITY
a. Refusing to yield to the temptation of bribes, gratuities, payoffs, etc. b. Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel
c. Showing strong moral character and integrity in dealing with the public d. Being honest in dealing with the public
e. The following shall be disqualifying:

1. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including Exhibit 1

inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies.

2. Any forgery, alteration, or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating.

1000.4.3: CREDIBILITY AS A WITNESS IN A COURT OF LAW
a. The ability to give testimony in a court of law without being subject to impeachment due to his/her honesty or veracity (or their opposites) or due to prior felony conviction.
b. The following shall be disqualifying:

1. Conviction of any criminal offense classified as a misdemeanor under California law within three years prior to application

2. Conviction for two or more misdemeanor offenses under California law as an adult

3. Conviction of any offense classified as a misdemeanor under California law while employed as a peace officer (including military police officers)

4. Admission(s) of having committed any act amounting to a felony (including felony-misdemeanor offenses) under California law, as an adult, within five years prior to application or while employed as a peace officer (including military police officers)

5. Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft

6. Admission(s) of any act of domestic violence as defined by law, committed as an adult

7. Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting or annoying children, child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure. Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts

8. Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying

1000.4.4: DEPENDABILITY
a. Having a record of submitting reports on time and not malingering on calls, etc. b. A record of being motivated to perform well
c. A record of dependability and follow through on assignments d. A history of taking the extra effort required for complete accuracy in all details of work
e. A willingness to work the hours needed to complete a job f. The following shall be disqualifying:

Exhibit 1

1. Missing any scheduled appointment during the process without prior permission

2. Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations

3. Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult

4. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement

5. Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability

6. Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged.

7. Having any outstanding warrant of arrest at time of application.

1000.4.5: LEARNING ABILITY
a. The ability to comprehend and retain information
b. The ability to recall information pertaining to laws, statutes, codes, etc. c. The ability to learn and to apply what is learned
d. The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer
e. The following shall be disqualifying:

1. Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application

2. Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement

1000.4.6: PERSONAL SENSITIVITY
a. The ability to resolve problems in a way that shows sensitivity for the feelings of others.
b. Empathy
c. Discretion, not enforcing the law blindly
d. Effectiveness in dealing with people without arousing antagonism e. The ability to understand the motives of people and how they will react and interact f. The following shall be disqualifying:

1. Having been disciplined by any employer (including the military and/or any law enforcement training facility) for acts constituting racial, ethnic or sexual harassment or discrimination
Exhibit 1

2. Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation

3. Having been disciplined by any employer as an adult for fighting in the workplace

1000.4.7: JUDGMENT UNDER PRESSURE
a. The ability to apply common sense during pressure situations b. The ability to make sound decisions on the spot
c. The ability to use good judgment in dealing with potentially explosive situations d. The ability to make effective, logical decisions under pressure e. The following shall be disqualifying:

1. Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws

2. Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer

1000.4.8: ILLEGAL USE OR POSSESSION OF DRUGS
a. The following examples of illegal drug use or possession will be considered automatic disqualifiers for public safety applicants, with no exceptions:

1. Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment

2. Any adult use or possession of marijuana within one year prior to application for employment

3. Any other illegal adult use or possession of a drug not mentioned above (including cocaine) within three years prior to application for employment

4. Any illegal adult use or possession of a drug while employed in any law enforcement capacity, military police, or as a student enrolled in college- accredited courses related to the criminal justice field

5. Any adult manufacture or cultivation of a drug or illegal substance

6. Failure to divulge to the Department any information about personal illegal use or possession of drugs

7. Any drug test of the applicant, during the course of the hiring process, where illegal drugs are detected
b. The following examples of illegal drug use or possession will be considered in relationship to the overall background of that individual and may result in disqualification:

1. Any illegal use or possession of a drug as a juvenile

2. Any illegal adult use or possession of a drug that does not meet the criteria of the automatic disqualifiers specified above (e.g., marijuana use longer than one year ago or cocaine use longer than three years ago.)

3. Any illegal or unauthorized use of prescription medications

Exhibit 1

1000.5: 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. 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.

1000.6: 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 Exhibit 1

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 (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
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)

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
1000.6.1: 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).

1000.7: 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).

Exhibit 1

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).

1000.7.1: 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).

1000.7.2: 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).

1000.7.3: 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)).

Due to the potential for accessing unsubstantiated, private, or protected information, the Administration Bureau Commander should not require candidates to provide passwords, account information, or access to password-protected social media accounts.

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.

1000.7.4: 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 Exhibit 1

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 AdministrationBureau 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).

1000.7.5: 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.

1000.7.6: 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).

1000.7.7: INVESTIGATOR TRAINING
Exhibit 1

Background investigators shall complete POST-certified background investigation training prior to conducting investigations (11 CCR 1953; 11 CCR 1959).

1000.7.8: 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.

1000.8: DISQUALIFICATION GUIDELINES
As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public • Likelihood of recurrence
• Relevance of past behavior to public safety employment • Aggravating and mitigating factors
• Other relevant considerations
A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework.

1000.9: 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.

1000.9.1: STANDARDS FOR [dispatcher]
Exhibit 1

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)
1000.9.2: STANDARDS FOR [Officers_Deputies]
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 (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
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.):

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

1023: Occupational Disease and Work-Related
Injury Reporting

1023.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding the timely reporting of occupational diseases, mental health issues, and work-related injuries.

1023.1.1: ON-DUTY INJURY PROCEDURES
Employees incurring a personal injury, suspected exposure to an infectious disease, or illness, while on-duty, shall report the incident to their immediate supervisor as soon as possible.

Exposure to infectious disease is not covered by Workers' Compensation. Workers' Compensation benefits apply only upon verification of an employee's contraction of the disease.

In addition to following the procedures outlined in this order, Employees shall refer to the "City of Alameda Workers' Compensation Benefits and Employee Injury Reporting Procedure" document produced by the City's Risk Management Office, to insure compliance with City procedures.

1023.1.2: GENERAL PROVISIONS
An employee shall not be absent from duty on account of any sickness, disability, or injury which is simulated. An employee shall not attempt to mislead or deceive any treating physician, or superior officer assigned to investigate the circumstances of the injury or illness.

An employee shall strictly comply with the instructions of the attending physician and a command officer. The employee shall fully discuss all activities they plan to engage in with the treating physician to determine whether the activities may be likely to aggravate the employee's injury/illness or retard their convalescence. The employee's supervisor shall include this information in their investigative report. Employees shall not engage in any activity which may be detrimental to their recovery.

Employees that are unable to work in any capacity due to an injury or illness shall not be absent from their residence in excess of 24 hours without the expressed permission of the treating physician. Any employee away from their residence during their normally scheduled shift shall personally notify their Division/Watch Commander of the address and phone number where they can be contacted.

Exhibit 1

No employee shall engage in any outside business or employment while they are on injury or sick leave from the Department unless specific written permission has been previously received from the Chief of Police.

If necessary, the on-duty physician may refer the employee to any locally listed medical doctor or specialist for further treatment, or a referral may be made by the City's Workers Compensation Program Administrator.

An injured employee shall not seek an initial examination or medical treatment from a private physician not listed as the employee's "pre-designated physician" for any job- related injury or illness. If, however, the injury is of a serious nature, the employee shall obtain the required medical treatment from the most available source. Employees shall adhere to all rules regarding medical treatment as set forth in the State of California workers compensation laws, City Personnel Department Procedures, and Department Orders.

Fatal or serious injuries occurring as a result of on-the-job activities require that the City Manager, City Council, and police executive command officers be notified in accordance with protocols governing Significant Incidents. In addition, the City Risk Manager shall be notified immediately of any severe or fatal injury. (A severe injury is anytime an employee has been admitted to the hospital).

When an employee is off-duty and becomes aware of an injury, illness, or exposure believed related to on-duty activities, the employee shall immediately notify an on-duty supervisor and arrange for an appropriate medical examination/treatment as soon as possible thereafter.

Any employee injured while outside the city limits and engaged in on-duty activities shall:

Obtain the required medical treatment from the most available source if the injury is of a serious nature, or if the injury is not serious, defer medical treatment until returning to the City.

Employees sustaining an industrial illness or injury will be placed on sick leave if in the opinion of their physician they are unable to report to work. Upon a determination by the City's third party administrator that the employee was injured within the course and scope of their employment, sick leave will be reinstated.

Due to the nature of workers compensation and City procedures, it is important that employees adhere strictly to these provisions. Failure to do so may cause unnecessary delays in benefits being received by the employee.

1023.1.3: LIGHT DUTY
Exhibit 1

It is the policy of the Department to reasonably accommodate injured employees by assignment to a limited duty position when feasible.

To reasonably accommodate injured personnel unable to perform the full range of normal duties, the Department will take into consideration the following factors:

The type of medical restriction an employee has incurred and the ability of the employee to perform duties in a manner which will not endanger their safety or health, or that of others.

The personnel needs of the Department and the employee's particular skills in relation to such needs.

Due to Department staffing levels and the unique nature of police work, it is not normally feasible to provide permanent limited duty positions. Also, the Department may not provide for assignments which are expected to be for an extended duration unless a prognosis includes a likelihood of a return to full duty. Periods in excess of three months are presumptively an "extended duration".

An employee unable to perform the full range of their normal duties due to pregnancy will be allowed to work in a limited duty assignment. These employees will be treated in accordance with the provisions outlined in the Memorandum of Understanding between the City and the Police Association, and any other Department regulations governing maternity policies.

Because of the operational hardship placed on the Department it will not provide part-time limited duty positions. Personnel must be able to complete a full duty shift which includes reasonable accommodations for necessary rest periods.

The employee's schedule while working light duty shall be based on departmental needs and not the schedule the employee worked prior to modifed duty. Seniority will be considered when a schedule is implemented while two or more employees are on light duty status.

It is the employee's responsibility to read and understand the temporary work restrictions. It is also the responsibility of the employee to not violate these restrictions. If these work restrictions should change, it is the employees responsibility to inform his or her supervisor of these changes.

Time away from work to attend doctor appointments, medical appointments, and physical thereapy appointments is not compensable through Workers' Compensation; sick time or existing accruals may be requested.

Refer to the Uniform Regulations and Civilian Attire PolicyLexipol Policy 1046.5,Civilian Attire, regarding proper attire during light duty status. Police uniforms while working light duty are generally prohibited unless permission is granted by the Bureau Commander. While on light duty status your sidearm shall not be visible to the public.

Exhibit 1

1023.1.4: RETURN TO WORK
An employee returning to limited duty following an absence exceeding one week will adhere to the following procedures:

The employee shall have their physician complete the "Medical Status Report" outlining their present physical condition and any restrictions, and forward it to their Division/Watch Commander immediately. The original shall be sent to the Department secretary and a copy made for the supervisor's investigative report. The secretary will be responsible for forwarding all Medical Status Reports to Human Resources.

Upon conference with the appropriate Bureau Commander, it will be determined if there is a position available and when the employee is to return to work. Specific directions will be given to the employee by the Division/Watch Commander.

When an employee is examined and determined able to immediately, or within one week, resume work in a limited capacity, the supervisor shall record that information in the investigative memorandum. The supervisor shall also note any restricted activities imposed by the treating physician and the estimated duration of the restrictions.

Upon return to limited duty, an employee's immediate supervisor shall complete and forward the "City of Alameda Department Personnel Report" to the Department secretary.

Upon release for full duty another report shall be completed and forwarded to the Department secretary. The secretary shall forward copies of these reports to the City Department of Human Resources. Attire to be worn by an employee assigned to a limited duty position will depend on the particular assignment. Generally, attire will consist of a uniform or appropriate business attire as determined by the Bureau Commander where the employee is assigned.

1023.1.5: DEFINITIONS
Definitions related to this policy include:

Occupational disease or work-related injury - An injury, disease, or mental health issue arising out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.).

1023.2: POLICY
The Alameda Police Department will address occupational diseases and work-related injuries appropriately, and will comply with applicable state workers’ compensation requirements (Labor Code § 3200 et seq.).

1023.3: RESPONSIBILITIES

1023.3.1: [agencyHead] RESPONSIBILITIES
Exhibit 1

The Chief of Police shall review and forward copies of the report to the Department of Human Resources. Copies of the report and related documents retained by the Alameda Police Department shall be filed in the member’s confidential medical file.

1023.3.2: [DivisionCommander] RESPONSIBILITIES
The Bureau Commander who receives a report of an occupational disease or work-related injury should review the report for accuracy and determine what additional action should be taken. The report shall then be forwarded to the Chief of Police, the City’s risk management entity, and the Administration Bureau Commander to ensure any required Division of Occupational Health and Safety Administration (Cal/OSHA) reporting is made as required in the illness and injury prevention plan identified in the Illness and Injury Prevention Policy.

1023.3.3: SUPERVISOR RESPONSIBILITIES
A supervisor learning of any occupational disease or work-related injury should ensure the member receives medical care as appropriate.

Supervisors shall ensure that required documents regarding workers’ compensation are completed and forwarded promptly. Any related [CityCounty]wide disease- or injury- reporting protocol shall also be followed.

Supervisors shall determine whether the Major Incident Notification and Illness and Injury Prevention policies apply and take additional action as required.

Depending upon the situation, the supervisor shall proceed as follows:

Administer or have administered, appropriate first aid for injuries. For non-emergency injuries incurred during normal business hours, contact should be made with the City's industrial medical care provider, Kaiser On-the-Job Occupational Center, or if applicable, the employee's pre-designated physician, to obtain appropriate medical care. If the injury is an emergency or occurs after hours, the employee can be referred directly to the emergency room at the hospital for treatment.

Provide employee with a DWC-1 Employee's Claim Form. If the injury/illness is minor and treated as an in-house first aid, or an employee declines medical attention at the time of injury, the employee does not need to complete and submit the DWC-1 form. A casualty report (APD 226) shall be completed and maintained in the event that the injury should later need to be activated as a claim. Upon completion of the DWC-1 form by the employee, the supervisor shall complete the Employer's section of the form.

The supervisor is required to give the injured employee a DWC-1 form within 24 hours of the Department's first knowledge of the injury or illness. If it is anticipated that the employee will not be returning to work within this time period, the form must be mailed to the employee and documented.

Exhibit 1

By law, and regardless of whether or not the supervisor receives a DWC-1 form from an injured employee, the supervisor is required to fill out the DWC Form 5020 and return same to the City's Risk Manager within five (5) calendar days of the Department's first knowledge of the injury or illness.

The supervisor will remain with the employee during the medical examination and determine the extent and expected duration of the employee's incapacitation (if any).

Asking an employee or their treating physician about the specific nature or medical diagnosis of an employee is strictly prohibited by both State and Federal law. The supervisor may only ask the injured employee or their treating physician whether or not the injury occurred within the course and scope of their employment, and whether or not the employee can immediately return to their usual and customary duties. If the employee cannot return to their assigned duty, the supervisor will make an effort to determine if the employee is released to work light or modified duty. Additionally, when the employee is released and what restrictions may exist will be determined by the supervisor. If the employee cannot return to work, an anticipated return date should be requested.

Subsequent to the examination and treatment of the employee, and after gathering sufficient information, the supervisor shall complete a "Casualty-Police Personnel" (APD- 226) report which includes the details of the incident, the nature of the injury and the doctor's diagnosis and prognosis. This report includes a Forms Control section. The supervisor should clearly mark the appropriate boxes to verify the required distribution of forms has been completed.

Additionally, the supervisor shall be responsible for acquiring memorandums from all personnel involved in the incident and forwarding a completed internal investigation to the Division/Watch Commander.

It shall be the responsibility of the Division/Watch Commander to personally review each incident to ensure compliance with Department policies and to complete the Accident/Injury Summary Review upon review of the incident.

The completed report, investigation, and accident review will be permanently filed in the employee's personnel file.

1023.3.4: MEMBER RESPONSIBILITIES
Any employee sustaining any work-related injury or illness, as well as any employee who is involved in any accident while on duty shall report such injury, illness or accident as soon as practical to his/her supervisor, but within 24 hours.

Any employee observing or learning of a potentially hazardous condition is to promptly report the condition to his/her immediate supervisor.

Exhibit 1

Any employee sustaining a work-related injury or illness that requires relief from duty is required to be examined/treated by a doctor.

Any employee sustaining a work-related injury or illness that requires relief from duty is also required to comply with Department policies and directives relating to the duty to periodically call in during absences, as well as the duty to notify the Department of any change in condition or anticipated duration of the absence.

When appropriate, an employee being treated for an on-duty injury should inform the attending physician that a modified duty assignment may be available at the Department.

Limited-service duty may be available for the employees whose injuries prevent resumption of regular duties.

An injured employee or employee who has suffered a work-related illness shall report as soon as practical to his/her immediate supervisor the medical findings concerning the injury and the extent and duration of any work restrictions if they are known. In addition, such employees are required to promptly submit all medical releases, whether partial or full releases, to their supervisor.

1023.4: OTHER DISEASE OR INJURY
Diseases and injuries caused or occurring on-duty that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Bureau Commander through the chain of command and a copy sent to the Administration Bureau Commander.

Unless the injury is extremely minor, this report shall be signed by the affected member, indicating that he/she desired no medical attention at the time of the report. By signing, the member does not preclude his/her ability to later seek medical attention.

1023.5: SETTLEMENT OFFERS
When a member sustains an occupational disease or work-related injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a written report of this contact to his/her supervisor as soon as possible.

1023.5.1: NO SETTLEMENT WITHOUT PRIOR APPROVAL
No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an occupational disease or work-related injury, the member shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the member accept a settlement without first providing written notice to the Chief of Police. The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the Exhibit 1

disease or injury, and to protect the City's right of subrogation, while ensuring that the member's right to receive compensation is not affected.

Exhibit 1

1026: Uniform RegulationsUniforms and Civilian
Attire

1026.1: POLICY
The Alameda Police Department will provide uniforms for all employees who are required to wear them in the manner, quantity, and frequency agreed upon in the respective employee group's memorandum of understanding. The Alameda Police Department may provide other department members with uniforms at the direction of the Chief of Police.

All uniforms and equipment issued to department members shall be returned to the Alameda Police Department upon termination or resignation.

1026.2: PURPOSE AND SCOPE
The uniform policy of the Alameda Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies:

Alameda Police Department Owned and Personal Property
Body Armor
Personal Appearance Standards
This policy provides guidelines for Alameda Police Department-authorized uniforms and civilian attire regulations. It is established to ensure that uniformed members will be readily identifiable to the public through the proper use and wearing of department uniforms, and that the appearance of members who wear civilian attire reflects favorably on the Alameda Police Department.

This policy addresses the wearing and maintenance of department uniforms, accessories, insignia, patches and badge; the requirements for members who wear civilian attire; and the authorized use of optional equipment and accessories by members of the Alameda Police Department.

Other related topics are addressed in the Alameda Police Department-Owned and Personal Property, Personal Appearance Standards, Visible Display of Identification, and Facial Coverings policies.

Exhibit 1

The Uniform and Equipment Specifications Manual is maintained and periodically updated by the Chief of Police or his/herthe authorized designee. ThatThe manual should be consulted regarding authorized equipment and uniform specifications.

The Alameda Police Department will provide uniforms for all employees required to wear them in the manner, quantity and frequency agreed upon in the respective employee group’s collective bargaining agreement.

1026.2.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 22.1.8

1026.3: WEARING AND CONDITION OF UNIFORM AND

EQUIPMENTUNIFORMS
Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis, or other time of need.

The Chief of Police or the authorized designee shall maintain and update uniform and equipment specifications, which should be consulted by all members as needed. Uniforms shall be worn as described therein and as specified in this policy.

The following shall apply to those assigned to wear department-issued uniforms:
a. Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed.
b. All peace officers of this departmentOfficers in a non-uniformed assignment shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty.
c. Uniforms shall be worn in compliance with any applicable department specifications.
d. PersonnelMembers shall wear only the uniform specified for their ranks and assignments (Penal Code § 13655).
e. The uniform is to be worn in compliance with the specifications set forth in the department’s uniform specifications that are maintained separately from this policy. f. All supervisors will perform periodic inspections of their personnelmembers under their commands to ensure conformance to these regulations. g. Civilian attire shall not be worn in combination with any distinguishable part of the uniform.
h. Uniforms are only to be worn while on-duty, while in transit to or from work,for court, or at official department functions or events, while in transit to or from work, or when authorized by the Chief of Police or the authorized designee.

Exhibit 1

1. IfWhen the uniform is worn while in transit, ana non-uniform outer garment shall be worn over the uniform shirt so as notto avoid bringing attention to the employeemember while he/shethey isare off-duty.
i. EmployeesMembers are not to purchase or drink alcoholic beverages while wearing any part of the department-issued uniform, including the uniform pants. j. Mirror sunglasses will not be worn with any Department uniform. k. Visible jewelry, other than those items listed below, shall not be worn with the uniform unless specifically authorized by the Chief of Police or the authorized designess.

1. Wrist watch

2. Wedding ring, classing ring, or other ring of tasteful design. A maximum of one ring/set may be worn on each hand

3. Medical alert bracelet
1026.3.1: DEPARTMENT ISSUEDIDENTIFICATION CARDS
The Alameda Police Department issues each member an official department identification card bearing the employee’smember's name, identifying informationfull-face photograph, member identification number, member's signature, and signature of the Chief of Police or the official seal of the Alameda Police Department, and photo likeness. All employeesmembers shall be in possession of their department-issued identification cards at all times while on-duty or when carrying a concealed weaponin department facilities. a. Whenever on duty or acting in an official capacity representing the Alameda Police Department, employeesmembers shall display their department-issued identification in a courteous manner to any person upon request and as soon as practical. b. Whenever on duty or acting in an official capacity representing the Alameda Police Department, employeesmembers shall verbally identify themselves over the phone in a courteous manner to any person upon request and as soon as practical. c. Officers or other members working specialized assignments may be excused from the possession and display requirements when directed by their Bureau Commanders.
1026.3.2: ACCESSORIES
Members shall adhere to the following when wearing department uniforms:
a. Mirrored sunglasses will not be worn.
b. Jewelry shall be in accordance with the specifications in Personal Appearance Standards Policy.
1026.3.3: INSIGNIA, PATCHES, AND BADGE
Exhibit 1

Only the following elements may be affixed to department uniforms unless an exception is authorized by the Chief of Police:
a. Shoulder patch - The authorized shoulder patch supplied by the Alameda Police Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the should seam of the shirt and be bisected by the crease in the sleeve.
b. Service stripes, stars, etc. - Service stripes and other indicators for length of service may be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shell be sewn the width of one and one-half inches above the cuff seam with the rear of the service stripes swen on the dress of the sleeve. The stripes are to be worn on the left sleeve only. c. The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee’s first and last name. If an employee’s first and last names are too long to fit on the nameplate, then the initial of the first name will accompany the last name. If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn and placed above the right pocket located in the middle, bisected by the pressed shirt seam, with equal distance from both sides of the nameplate to the outer edge of the pocket. d. When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. e. Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as designed by the Chief of Police.
f. Flag Pin - A flag pin may be worn, centered above the nameplate. g. Badge - The department-issued badge, or an authorized sewn-on cloth replica, must be worn and visible at all times while in uniform.
h. Nameplate - The regulation nameplate, or an authorized sewn-on cloth nameplate, shall be worn at all times while in uniform (Penal Code § 830.10).

1. When a jacket is worn, the nameplate, or an authorized sewn-on cloth nameplate, shall be affixed to the jacket in the same manner as the uniform. i. Rank insignia - The designated insignia indicating the employee’smember's rank must be worn at all times while in uniform. The Chief of Police may authorized exceptions.
j. Service insignia - The designated insignia indicating the member's length of service may be worn on long-sleeve shirts and jackets. The insignia shall be machine stitched to the left sleeve of the uniform.
k. Assignment insignias - Assignment insignias (e.g., Critical Incident Response Team (CIRT), Field Training Officer (FTO)) may be worn as designated by the Chief of Police.
l. American flag pin - An American flag pin may be worn, centered above the nameplate.
m. Award/commendation insignia - Insignia representing an award or commendation received under the Commendations and Awards Policy, or other recognition authorized by the Chief of Police, may be worn, centered above the nameplate. If Exhibit 1

more than one award is worn, or an American flag pin is worn, the insignia shall be equally spaced in one or two horizontal rows centered above the nameplate in a manner that provides a balanced appearance.
1026.3.4: MOURNING BAND
Uniformed members shall wear a black mourning band across the department badge whenever a law enforcement officer is killed in the line of duty or as directed by the Chief of Police. The following mourning periods will be observed:
a. An officer of this departmentAlameda Police Department officer - From the time of death until midnight on the 14th day after the death.
b. An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral.
c. Funeral attendee - While attending the funeral of an out-of-region fallen officer. d. National Peace Officers' Memorial Day (May 15th) - From 0001 hours until 2359 hours.
e. As directed by the Chief of Police.
1026.4: UNIFORM CLASSES
The Chief of Police or the authorized designee shall determine the uniform to be worn by each department member or any deviations that may be authorized.

Uniforms are classified as follows:
a. Class A - Full dress uniform to be worn by designated department members on special occasions, such as funerals, graduations, ceremonies, or as directed by the Chief of Police or the authorized designee.
b. Class B - Standard issue uniform to be worn daily by designated department members.
c. Class C - General utility uniform to be worn by designated department members. d. Specialized assignment - Specific uniforms to be worn by members in special assignments or bureaus.
1026.4.1: CLASS A UNIFORM
The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies, or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform includes the standard issue uniform with:
- Long sleeve shirt with tie
- Polished shoes
Exhibit 1

Boots with pointed toes are not permitted.

The Class A uniform consists of the following:
a. Dress hat
b. Long-sleeve shirt
c. Tie
d. Tie tack or tie bar
e. Trousers or skirt
f. Black belt

1. Belts shall be equipped as needed for the member's assignment. g. Dark blue or black socks

1. Natural colored hose must be worn with the skirt.
h. Black polished dress shoes

1. Boots with pointed toes are not permitted.
i. White gloves
1026.4.2: CLASS B UNIFORM
All officers will possession and maintain a serviceable Class B uniform at all times.

The Class B unfirm will consist of the same garments and equipment as the Class A uniform with the following exceptions:
- The long or short sleeve shift may be worn with the collar open. No tie is required - A black crew neck t-shirt must be worn with the uniform - All shirt buttons must remain buttoned except for the last button at the neck - Shoes for the Class B uniform may be described in the Class A uniform - Approved all black unpolished shoes may be worn
- Boots with pointed toes are not permitted
The Class B uniform consists of the following:
a. Long- or short-sleeve shirt with the collar open and no tie

1. A crew neck t-shirt must be worn under the uniform shirt.

2. All shirt buttons must remain buttoned except for the top button at the neck.

3. Long sleeves must be buttoned at the cuff.
b. Trousers or skirt
c. Black belt

1. Belts shall be equipped as needed for the member's assignment. d. Dark blue or black socks

1. Natural colored hose must be worn with the skirt.
e. Black polished dress shoes

1. Approved black unpolished shoes may be worn.

2. Boots with pointed toes are not permitted.

Exhibit 1

3. Decorative stitching or adornment is not permitted.
f. Weather-appropriate items

1. Hat

2. Dark blue or black mock turtleneck may be worn under the long-sleeve uniform shirt

3. Jacket

4. Rain gear
1026.4.3: SPECIALIZED UNIT UNIFORMS
The Chief of Police may authorize special uniforms to be worn by officers in specialized units such as Canine Team, CIRT, Bicycle Patrol, Motor Officers and other specialized assignments.

The Chief of Police or his designee, (The Uniform and Equipment Committee), will establish the regulations, specifications, and conditions for wearing the Specialized Unit uniform.

These will be available through the Personnel and Training Section.

1026.4.4: INCLEMENT WEATHER GEAR (UTILITY UNIFORM)

The Unform and Equipment Specifications lists the authorized Utility uniform, rain jacket, and rain gear. These specifications are available through the Personnel and Training Section.

1026.5: CIVILIAN ATTIRE
There are assignments within the Alameda Police Department that do not require the wearing of a uniform because recognition and authority are not essential to their functions.

There are also assignments in which the wearing of civilian attire is necessary. a. All employees shall wear clothing that fits properly, is clean and free of stains, and not damaged or excessively worn.
b. All male administrative, investigative and support personnel who elect to wear civilian clothing to work shall wear button style shirts with a collar, slacks or suits that are moderate in style.
c. All female administrative, investigative, and support personnel who elect to wear civilian clothing to work shall wear dresses, slacks, shirts, blouses, or suits which are moderate in style.
d. The following items shall not be worn on duty:

1. T-shirt alone

2. Open toed sandals or thongs

3. Swimsuit, tube tops, or halter-tops

4. Spandex type pants or see-through clothing

5. Distasteful printed slogans, buttons or pins
Exhibit 1

e. Variations from this order are allowed at the discretion of the Chief of Police or designee when the employee’s assignment or current task is not conducive to the wearing of such clothing.
f. No item of civilian attire may be worn on duty that would adversely affect the reputation of the Alameda Police Department or the morale of the employees. g. Civilian attire shall fit properly, be clean and free of stains, and not damaged or excessively worn.
h. Members assigned to administrative, investigative, and support positions shall wear business-appropriate clothing that is conservative in style. i. Variations from this policy are allowed at the discretion of the Chief of Police or the authorized designee when the member's assignment or current task is not conducive to wearing such clothing.
j. No item of civilian attire that would adversely affect the reputation of the Alameda Police Department or the morale of the members may be worn while on-duty. k. The following items shall not be worn while on-duty or when representing the Alameda Police Department in any official capacity:

1. Clothing that reveals cleavage, the back, chest, stomach, or buttocks

2. T-shirt alone or exposed undergarments

3. Swimsuits, tank tops, tube tops, or halter tops

4. Sweatshirts, sweatpants, or similar exercise clothing

5. Spandex-type pants or transparent clothing

6. Denim pants of any color

7. Open-toed shoes

8. Clothing, buttons, or pins displaying racial, sexual, discriminatory, gang- related, or obscene language
1026.6: POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless speci�ically authorized by the Chief of Police, Alameda Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other of�icial insignia, or cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the Alameda Police Department to do any of the following (Government Code §§ 3206 and 3302):
- Endorse, support, oppose, or contradict any political campaign or initiative. - Endorse, support, oppose, or contradict any social issue, cause, or religion. - Endorse, support, or oppose, any product, service, company or other commercial entity.
- Appear in any commercial, social, or non-pro�it publication, or any motion picture, �ilm, video, public broadcast, or any website.

1026.6: OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT Any of theitems listed in the Uniform and Equipment Specifications that are allowed by the Alameda Police Department but that have been identified as optional shall be purchased Exhibit 1

totallyentirely at the expense of the member. No part of the purchase cost shall be offset by the Alameda Police Departmentfor the cost of providing the Department issued item.

Maintenance of optional items shall be the financial responsibility of the purchasing employeemember. For example, repairs due to normal wear and tear (e.g., repairs due to normal wear and tear).

Replacement of items listed in this policy as optional shall be done as follows:
a. When the item is no longer functional because of normal wear and tear, the employeemember bears the full cost of replacement.
b. When the item is no longer functional because of damage in the course of the employee’smember's duties, it shall be replaced following the procedures for the replacement of damaged personal property (see the Department Owned and Personal Property Policy)in accordance with the Alameda Police Department-Owned and Personal Property Policy.
1026.6.1: RETIREE BADGES
The Chief of Police may issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states the person has honorably retired from the Alameda Police Department. This identification is separate and distinct from the identification authorized by Penal Code § 25455 and referenced in the Retired Officer CCW EndorsementRetiree Concealed Firearms Policy in this manual.

A badge issued to an honorably retired peace officer that is not affixed to a plaque or other memento will have the words "Honorably Retired" clearly visible on its face. A retiree shall be instructed that any such badge will remain the property of the Alameda Police Department and will be revoked in the event of misuse or abuse (Penal Code § 538d).

1026.6.2: FIREARMS
The specifications for firearms and related accessories are outlined in section 312 of this manual. The Department Rangemaster shall maintain a list of authorized weapons, ammunition, holsters, and related equipment as authorized by the Chief of Police.

1026.7: UNAUTHORIZED UNIFORMS, EQUIPMENT, AND ACCESSORIES Alameda Police Department employeesmembers may not wear any uniform item, accessory, or attachment unless specifically authorized in the Uniform and Equipment Specifications Manual or, by the Chief of Police, or the authorized designee.

Alameda Police Department members may not use or carry any safety item, tool, or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications Manual or, by the Chief of Police, or the authorized designee.

Exhibit 1