Alameda City Council
May 5, 2026

104: Policy Manual
104.1: PURPOSE AND SCOPE
The manual of the Alameda Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual.

All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 104.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 12.2.1 104.1.2: DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning:

Adult - Any person 18 years of age or older.

CCR - California Code of Regulations (Example: 15 CCR 1151).

CHP- The California Highway Patrol.

CFR - Code of Federal Regulations.

City - The City of Alameda.

Professional Staff - Employees and volunteers who are not sworn peace officers.

Department/APD - The Alameda Police Department.

DMV - The Department of Motor Vehicles.

Employee - Any person employed by the Department.

Juvenile- Any person under the age of 18 years.

Manual - The Alameda Police Department Policy Manual.

May - Indicates a permissive, discretionary or conditional action.

Exhibit 1

Note: Text in the highlighted boxes are not part of the policy updates. This is from the standard fill in fields on the form.

Member - Any person employed or appointed by the Alameda Police Department, including:
• Full- and part-time employees
• Sworn peace officers
• Reserve, auxiliary officers
• Professional Staff employees
• Volunteers.

Officer - Those employees, regardless of rank, who are sworn peace officers of the Alameda Police Department.

On-duty - A member's status during the period when he/she is actually engaged in the performance of his/her assigned duties.

Order - A written or verbal instruction issued by a superior.

POST - The California Commission on Peace Officer Standards and Training.

Rank - The title of the classification held by an officer.

Shall or will - Indicates a mandatory action.

Should - Indicates a generally required or expected action, absent a rational basis for failing to conform.

Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment.

The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation.

When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member's off-duty supervisor or an on-call supervisor.

USC - United States Code.

104.2: FORMATTING CONVENTIONS
Staff should review edited or newly adopted policies with these conventions in mind:

Exhibit 1

a. Abbreviations and definitions,
b. Location of Accreditation Standard references, and
c. Location of Revision subsections.
104.3: POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident.

104.3.1: DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Alameda Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline.

The Alameda Police Department reserves the right to revise any policy content, in whole or in part.

104.4: AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual.

104.5: ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee.

Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Special Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand.

104.6: REVIEW OF POLICIES
Exhibit 1

Prior to the issuance of any new, revised policy, or policy slated to be purged, the Bureau of Professional Standards will review the changes to ensure:
a. The new or revised policy does not contradict with other existing policies or applicable law,
b. The policy to be purged does not contain the language required for the current law enforcement operations,
c. The current policy meets or exceeds all applicable requirements for accreditation standards, and
d. Formatting, syntax, grammar, and spelling is correct throughout the document.

The agencyHeadBureau of Professional Standards will ensure that the Policy Manual is periodically reviewed and updated as necessary.

104.7: REVISIONS TO POLICIES
All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed.

Members are responsible for keeping abreast of all Policy Manual revisions.

Each Bureau Commander will ensure that members under his/her command are aware of any Policy Manual revision.

All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Bureau Commanders, who will consider the recommendations and forward them to the command staff as appropriate.

Exhibit 1

200: Organizational Structure and Responsibility

200.1: PURPOSE AND SCOPE
The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public.

200.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 11.1.1, 11.3.1, 12.1.1, 12.1.2, 12.1.3

200.2: DEFINITIONS
The following words, phrases and terms relate to the organization of the Department.

These definitions include the basic principles applicable to the organizational structure of the Department.
• Department - The Alameda Police Department.
• Bureau - The first subordinate organization unit within the Department. • Division - A unit with jurisdiction-wide coverage and immediately subordinate to a bureau.
• Section - A functional unit which may be a sub-unit of a Bureau or Division or under the immediate direction of the Chief of Police. It may be commanded by any rank, depending on its size and the nature and importance of its function. • Unit - Any number of members and/or employees of the Department regularly grouped together under on head to accomplish a police purpose. • Detail - A subdivision of a division, section, or unit, the personnel of which are assigned to a specialized activity.
• Team - A subset of the patrol division composed of sworn officers grouped by shift or schedule.
• Sector - A geographical area of variable size to which one or more officers are specifically assigned to accomplish policing responsibilities. • Unity of Command - The principle of unity of command is that an employee should be under the direct control of one, and only one, immediate supervisor. Additionally, only one supervisor should have charge of any organizational unit, operation or incident. Conflicting orders by several superiors become confused, inefficient, and irresponsible. It is the policy of the Department that the principle of unity of command shall, whenever possible, be practiced in all organizational components of the Department.
• Lines of Authority or Chains of Command - Chains of command equate in meaning with lines of authority, which should be as clear and direct as possible. The Chief of Police has separate chains of command for each of the elements reporting to him/her as does each of his/her principal subordinate officers. Though flowing downward, there are several interlocking chains of command, yet there is only a single one going upward from any point in the organizational structure. The chain of command provides for a logical flow of policy, orders, reports, and information. The Exhibit 1

direction, up or down, is determined by the nature of the communication. All employees shall abide by the lines of authority or chain of command except in cases of emergency.
• The Line Function - That portion of the Department's total activity that is directly concerned with the accomplishment of the Department's objectives in field operations. They are responsible for the primary task of protecting of life and property and render such services required by the public. • Staff and Staff Function - That portion of the Department's total activity that assists the line organization in the accomplishment of Department objectives. • Exercise of Authority - All officers holding any command or supervisory rank within the Department have authority over all officers and employees of the Department of any subordinate rank. Command, or supervision, will ordinarily be exercised only within the scope of the officer's assignment. In an emergency, or when the good of the Department requires it, any command or supervisory officer may direct or correct the activities of any subordinate officer or employee. However, when an officer has directed or corrected an activity of a subordinate officer or employee outside of the normal scope of his/her assignment, he/she shall be held fully responsible for his/her actions.
• Acting - Means the assignment of a person to a position temporarily vacant to act on the part of an employee normally filling such position. • Full Authority in Acting Capacity - Any officer assigned the status "Acting in Command" for any command or supervisory position in the Department shall have full responsibility of the command or supervisory position he/she is occupying. • Staff or Functional Supervision - Staff supervision is supervision by a superior of the performance of subordinates for the purpose of guiding them in the accomplishment of their task when such superior is acting in a supervisory capacity outside the regular chain of command and responsibility and without direct control of the subordinates. He/she may discuss matters with such subordinates and point out mistakes and suggest improvements but shall lack authority to take disciplinary action or to give a command except in cases involving actions by subordinates that may jeopardize the purpose or reputation of the Department. • Span of Control - Span of control includes both span of management and span of supervision. Span of control refers simply to the number of subordinates, of whatever rank, who directly report to one person. Due to the nature of police duties and the variety of law enforcement functions, it is almost impossible to fix a uniform limit to the number of employees one supervisor can effectively control. Each bureau of the Department must meet different demands for levels of service.

However, under normal conditions, a ratio of one supervisor to eight employees is considered acceptable.
• Authority and Responsibility - It is the policy of the Department that authority shall be commensurate with responsibility. No responsibility shall be assigned to a person unless they have been delegated the authority necessary to fulfill it. In addition, each employee is accountable for his/her use of delegated authority.

Inherent with delegated authority is the latitude to make decisions and take the necessary actions to satisfy the requirements of each assigned position.

Exhibit 1

Commensurate with the authority, each employee will accept the responsibility for the use, misuse, or failure to use that authority.
• Accountability of Command - Command and supervisory personnel are accountable for the performance of the employees under their immediate control.

While supervisors may delegate to subordinates the authority to perform certain tasks, and may hold those subordinates responsible for the successful conclusion of those tasks, the supervisor remains accountable for the final accomplishment of the delegated task.
200.2.1: PERSONNEL DEFINITIONS
EMPLOYEE When used alone shall mean both peace officers and civilian employees of the Department collectively and a section reading "employee shall" refers to both classifications.
• Member - Any person appointed to the Department as a full-time, regularly salaried peace officer.
• Officer - Shall have the same meaning as "Member".
• Commanding Officer - An officer appointed to the rank of Lieutenant or higher or assigned by the Chief of Police to act in such rank.
• Supervisor - Members or employees of the Department assigned to positions requiring the exercise of immediate supervision over the activities of other members and employees.
• Officer in Charge - Any member below the rank of Lieutenant in charge of an organizational unit.
• Superior Officer - A person holding a high supervisory or command rank or position.
• Civilian - An employee without peace officer status.
• Seniority - Seniority in the Department is established first by rank and secondly by time served in rank. Where conflict occurs because of identical service or dates of appointment, seniority is determined by order of appointment. In situations requiring decision or control where the officers are of equal rank, the senior officer will make the decision and exercise control unless otherwise directed by a superior officer.

Precedence For the purposes of seniority, the following is the precedence of ranks in descending order:
• Chief of Police
• Police Captain
• Police Lieutenant
• Police Sergeant
• Police Officer
• Police Professional Staff
• Professional Staff Employee
Exhibit 1

200.3: BUREAUS
The Chief of Police is responsible for administering and managing the Alameda Police Department. There are three bureaus in the Police Department as follows:
• Bureau of Field Services
• Bureau of Support Services
• Bureau of Professional Standards
200.3.1: BUREAU OF SUPPORT SERVICES
The DivisionAdmin DivisionMajor Bureau of Support Services is commanded by a Captain. divisionHead, whose primary responsibility is to provide general management direction and control for
the DivisionAdmin DivisionMajor. The DivisionAdmin DivisionMajor Bureau of Support Services consists of Administrative Services, Communications Center, Investigations Division, Technical Services, and the Traffic Unit.Technical Services and Administrative Services.

200.3.2: BUREAU OF FIELD SERVICES
The Bureau of Field Services is commanded by a Captain. The Bureau of Field Services consists of Animal Control Services, Canine Unit, Critical Incident Response Team, Marine Unit, and the Patrol Division.

200.3.3: BUREAU OF PROFESSIONAL STANDARDS
The Bureau of Professional Standards is commanded by a Captain. The Bureau of Professional Standards consists of the Community Oriented Policing and Problem Solving Unit, Inspectional Services Division, Personnel & Training Unit, Property & Evidence Unit, and the Records Division.

200.4: COMMAND AND SUPERVISORY AUTHORITY AND RESPONSIBILITIES Command protocol in situations involving personnel of different offices or sections engaging in a single operation is as follows:

1. The command structure always follows the chain of command.

2. Whenever the command structure is not easily distinguishable by rank, responsibility of command remains with the command officer having primary functional responsibility.

3. Whenever command structure is easily distinguishable by rank but the command officer having primary functional responsibility is of lower rank, the responsibility of command remains with the highest ranking officer.

4. Primary functional responsibility means matters that fall within the officer's normal responsibilities and duties.
200.4.1: CHIEF OF POLICE
Exhibit 1

Authority - The Chief of Police is the chief executive officer of the Department and the final Department authority in all matters of policy, operations, and discipline. The Chief of Police exercises all lawful powers of the office and issues such lawful orders as are necessary to assure the effective performance of the Department.

Responsibilities - Through the Chief of Police, the Department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. The Chief of Police is responsible for planning, directing, coordinating, controlling and staffing all activities of the Department, for its continued and efficient operation, for the enforcement of rules and regulations within the Department, for the completion and forwarding of such reports as may be required by competent authority, and for the Department's relations with the citizens of Alameda, the City government and other agencies.

200.4.2: POLICE CAPTAIN
Authority - Subject to the authority of the Chief of Police, a Police Captain shall use such primary directives as may be necessary to promote the effective operations of all activities within his/her command.

Responsibilities - Members appointed to the rank of Police Captain ordinarily are assigned to command a bureau of the Department, but may be assigned additional duties by the Chief of Police. A Police Captain shall be responsible for planning, directing, controlling and coordinating all activities within his/her command. A Police Captain will report personally to the Chief of Police as may be required and shall submit such reports relating to his/her command as may be required. The Chief of Police may designate a Police Captain to act as Chief of Police when the former is absent from the City. While acting as Chief of Police, he/she shall possess the powers of the Chief of Police in the conduct of the business of the Department and in carrying out the orders and policies of the Office of the Chief. He/she shall not alter, revise, or countermand such orders or policies except in the case of emergencies.

200.4.3: POLICE LIEUTENANT
The Police Lieutenant may be assigned as a Command Officer in charge of a Division of the Department or a Command Officer in charge of a Platoon or may be assigned such other duties as detailed by the Chief of Police.

200.4.4: COMMAND OFFICER
Authority and Responsibility
Subject to direction from higher command, a commanding officer has direct control over all members and employees within his/her command. In addition to the general and individual responsibilities of all members and employees and supervisory officers, a commanding officer is responsible for the following:

Exhibit 1

a. Command - The inspection, direction, and control of personnel under his/her command to assure the proper performance of duties and adherence to established rules, regulations, policies and procedures. Providing for continuation of command and/or supervision in his/her absence.
b. Loyalty and Esprit De Corps - The development and maintenance of esprit de corps and loyalty to the Department.
c. Discipline and Morale - The maintenance of discipline and morale within the command and the investigation of personnel complaints not assigned elsewhere. d. Inter-Divisional Action - The promotion of harmony and cooperation with other units of the Department. Initiation of proper action in cases not regularly assigned to his/her command when delay necessary to inform the proper unit might result in a failure to perform a police duty.
e. Grievance Resolution - The resolution of personnel grievances in accordance with the provisions of Department directives and current Memorandum of Understanding.
f. Organization and Assignment - Proper organization and assignment of duties within his/her unit to assure proper performance of Department functions and those of his/her command.
g. Reports and Records - Preparation of required correspondence, reports, and maintenance of records relating to the activities of his/her command. Assurance that information is communicated up and down the chain of command as required. h. Maintenance - Assurance that quarters, equipment, supplies and material assigned to his/her command are correctly used and maintained.

200.4.5: OFFICER-IN-CHARGE
Authority and Responsibilities
The Officer-in-Charge, during his/her tour of duty, exercises the same authority and has the same responsibilities as the commanding officer, subject to orders of the Bureau Commander, or higher authority. In the absence of the Commanding Officer, the highest ranking officer on duty becomes the Officer-in-Charge unless otherwise provided. In addition to the general and individual responsibilities of all members and employees, the Officer-in-Charge is specifically responsible for the following:
a. Good Order - The general good order of his/her command during his/her tour of duty to include proper discipline, conduct, welfare, field training and efficiency. b. Roll Call - Conduct of prescribed roll calls, communication of all orders or other information at roll call and inspection and correction of his/her command, as necessary.
c. Reporting - Reporting as required by the Division Commander. Maintenance of such records as specified by higher authority.
d. Personnel Complaints - Inquiry into personnel complaints against members and employees under his/her command in accordance with the appropriate Department directive.

Exhibit 1

200.4.6: POLICE SERGEANT
The Police Sergeant is a supervisory officer who may be assigned in charge of a watch, platoon, section, or unit of the Department. The Sergeant shall be responsible for officers and employees assigned to his/her watch, platoon, station or unit. A Sergeant may be assigned to field, staff or investigate duties.

200.4.7: SUPERVISORS

AUTHORITY AND RESPONSIBILITIES
In addition to the general and individual responsibilities of all members and employees, each supervisor is specifically responsible for the following:
a. Supervision - A supervisor may be assigned to field or staff duties. During his/her tour of duty, he/she must closely supervise the activities of subordinates, making corrections where necessary and commending where appropriate. b. Leadership - Effective supervision demands leadership. Provision of leadership shall include on-the-job training as needed for efficient operation and coordination of effort when more than one member or employee is involved. c. Direction - Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline and efficiency of subordinates. Exercise of command may extend to subordinates outside his/her usual sphere of supervision if the police objective or reputation of the Department so requires and if no other provision is made for personnel temporarily unsupervised. This authority shall not be exercised unnecessarily. If a supervisor requires a subordinate other than his/her own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible.
d. Enforcement of Rules - Supervisors must enforce Department rules and regulations and ensure compliance with Department policies and procedures. e. Inspection - Supervisors are responsible for inspection of activities, personnel and equipment under their supervision and initiation of suitable action in the event of a failure, error, violation, misconduct, or neglect of duty by a subordinate. f. Assisting Subordinates - Supervisors shall have a working knowledge of the duties and responsibilities of their subordinates. They shall observe contacts made with the public by subordinates, be available for assistance or instruction as may be required and take active charge when necessary.
g. Grievance Resolution - The resolution of personnel grievances in accordance with the provisions of Department directives and Memorandum of Understanding. h. Investigative Assignments - A Sergeant when assigned to investigative duties, functions in a supervisory capacity only in those situations when the matter is an investigative assignment; otherwise he/she has staff or functional supervision.

200.4.8: POLICE OFFICER
Exhibit 1

Police Officers are ordinarily assigned as sector officers. They may be assigned to other related duties or special assignment by Platoon or Division Commanders subject to the approval of the Chief of Police.
a. A Police Officer is responsible for general law enforcement duties and shall be held strictly accountable for the sector or special detail to which he/she is assigned.

He/she shall hold himself/herself in readiness to accept the calls and obey the orders of his/her superiors.
b. A Police Officer assigned as a specialist shall be held strictly accountable for proper and efficient performance of the duties of such special assignment. c. A Police Officer shall work such hours as may be designated by the Platoon or Division Commander, subject to the approval of the Chief of Police. d. A Police Officer assigned to the Patrol Division shall diligently patrol his/her sector in accordance with prescribed patrol practice and procedures. e. A Police Officer shall give immediate attention to calls for assistance, complaints, or other emergencies. He/she shall render such assistance as may be required in an efficient manner, returning to his/her regular duties as soon as practical. He/she shall make an appropriate report to his/her superior, written or oral, as required, as soon as practical upon completion of the service rendered. f. A Police Officer shall stay informed on information concerning the City of Alameda, its public buildings, courts, churches, transportation, boundaries, recreation facilities, county, state and federal offices within the City. He/she shall be available to the public to provide accurate and intelligent assistance to them. 200.4.9: PROFESSIONAL STAFF POLICE EMPLOYEES
A professional staff police employee performs a variety of police related services in the station and in the field.

Station duties may include care and control of property, operation of jail facilities, fingerprinting, identification, photography, radio dispatching, handling bail and monetary transactions, bookkeeping, preparation and control of physical evidence, maintenance of statistical records, preparing written reports, as well as answering questions at a public counter and over the phone.

Field duties may include abandoned vehicle investigation, parking violation enforcement, transportation of prisoners with sworn personnel, animal bite reports, lost and found reports, as well as other police related nonemergency duties.

Professional staff police employees shall work such hours as may be designated by their Platoon or Division Commander, subject to the approval of the Chief of Police.

A professional staff police employee is subject to all Department rules and regulations in the same manner as are officers and other employees of the Department.

Exhibit 1

200.5: REQUIREMENT TO OBEY LAWFUL ORDERS
Employees must promptly obey any lawful orders, or directives of a supervisor. This includes orders or directives from a superior that an employee of the same or lesser rank relays. If an employee receives a conflicting order or directive, the employee must respectfully call the conflict to the attention of the supervisor giving the last order. If the supervisor giving the last order does not change the order, the employee must obey the last order and is not responsible for disobedience of the first order.

200.5.1: UNLAWFUL ORDERS
Employees must never obey any order that they know or should know would require them to commit any illegal act. If in doubt as to the legality of an order, employees must request the issuer to clarify the order or to confer with higher authority. Any employee who disobeys or disregards a supervisor's lawful order or directive, verbal or written, is subject to disciplinary action.

Exhibit 1

205: Training

205.1: PURPOSE AND SCOPE
It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Alameda Police Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community.

205.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 12.2.1, 33.1.5, 33.1.6, 33.4.2, 33.5.1

205.2: POLICY
The Alameda Police Department shall administer a training program that will meet the standards of federal, state, local, and POST training requirements. It is a priority of this department to provide continuing education and training for the professional growth and development of its members.

205.3: PHILOSOPHY
The Alameda Police Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis.

Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Alameda Police Department will use courses certified by the California Commission on Peace Officer Standards and Training (POST).

205.4: BASIC ACADEMY LAW ENFORCEMENT TRAINING PROGRAM
Members hired as recruits will be assigned to attend a California POST certified law enforcement training program. The Basic Academy Law Enforcement Training Program shall include:

1. A curriculum based on tasks and duties of a fully functioning sworn officer, and

2. Evaluation techniques designed to measure competency in the required knowledge, skills, and abilities.

205.5: OBJECTIVES
The objectives of the Training Program are to:
a. Enhance the level of law enforcement service to the public. b. Increase the technical expertise and overall effectiveness of our personnel. c. Provide for continued professional development of department personnel.

Exhibit 1

d. Ensure compliance with POST rules and regulations concerning law enforcement training.

205.6: TRAINING PLAN
A training plan will be developed and maintained by the Personnel and Training Sergeant.

It is the responsibility of the Personnel and Training Sergeant to maintain, review, and update the training plan on an annual basis. The plan will address the following areas:
• Legislative Changes
• State Mandated Training
• Critical Issues Training
All sworn personnel will complete an annual retraining program, including legal updates.

The annual retraining will consist of Continuous Professional Training (CPT) and Perishable Skills Program (PSP) courses mandated by the California Commission on Peace Officer Standards and Training (POST).

205.6.1: LESSON PLANS
All instructors conducting training courses for Departmental personnel must have a lesson plan for each course of instruction. Lesson plans shall be approved by the manager of the unit conducting the training and once approved shall be routed to the Training Manager to be filed with the training records. Lesson plans should include the following:
• Training objectives that describe performance or job-related relevance • Course outline that details the content of training
• If applicable, any practical or written tests to be given

205.6.2: REMEDIAL TRAINING
If assigned training is not completed satisfactorily or practical/written tests are not passed, remedial training shall be given as soon as practical. Remedial training may include a Performance Improvement Plan (PIP), if appropriate. Remedial training should be provided until such time that the employee can satisfactorily pass the required training, or they have demonstrated a failure to respond to the training. If an employee refuses or fails to respond to remedial training, they may be subject to the provisions of the Standards of Conduct policy.

All remedial training will be documented in writing.

205.7: TRAINING NEEDS ASSESSMENT
Exhibit 1

The Professional Standards Unit will conduct an annual training-needs assessment of the Alameda Police Department. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year.

205.8: PERSONNEL AND TRAINING UNIT
It is the policy of the Department that employees of the Personnel and Training Unit shall administer the personnel and training function.

205.8.1: PERSONNEL AND TRAINING SERGEANT
The Personnel and Training Unit shall be supervised by a member of this Department holding the rank of Sergeant or higher who shall be responsible to the Bureau of Professional Standards Captain for carrying out responsibilities delineated in this order. a. The responsibilities of the Personnel and Training Sergeant include, but are not limited to, the below functions:

1. Develop, implement, maintain and coordinate a recruiting and selection program as needed in coordination with the City Personnel Department to insure that Department staffing levels are constantly maintained and comply with Federal and State mandates as well as Department needs.

2. Develop, conduct and implement, continuous training programs for all Department personnel in compliance with the Department Training Plan.

3. Maintain Department personnel records.

4. Establish, control and supervise the Department vacation schedules. Assist the Staffing Allocation Lieutenant with respect to personnel assignment charts and maintain records of personnel transfers within the Department.

5. Maintain, control and update the Department Education Incentive Program for those officers eligible to participate.

6. Develop an annual budget to cover the required expenditures for achieving the Department's personnel and training function as well as the Education Incentive program.

7. Process retirements, leaves of absence and terminations.

8. Oversee the Department Firearms Range program with the Rangemaster and coordinate firearms training with other Department training schedules.

9. Maintain the Department Performance Evaluation process to insure all personnel are evaluated according to department policy.

10. Represent the Chief of Police in personnel matters at meetings and official functions as required.

11. Maintain the Department Personnel Roster.

205.8.2: RECRUITMENT AND SELECTION PROGRAM

Exhibit 1

a. Recruiting - The Personnel and Training Section shall maintain an active recruiting program with respect to entry level, and lateral level and academy graduate positions by encouraging all interested persons to apply, maintaining contact with all colleges and police academies and by comprehensive advertising. b. Selection - The Personnel and Training Section shall, in cooperation with the City Personnel Department, ensure that the following selection processes are conducted in accordance with State, City and other controlling policies and regulations:

1. Written examination.

2. Writing skills examination.

3. Physical agility examination.

4. Oral interview examination.

5. Psychological testing.

6. Polygraph examination.

7. Record checks, fingerprinting and photographs.

8. Compiling of personnel background data.

205.8.3: TRAINING PROGRAM
The Personnel and Training Sergeant shall maintain, conduct and coordinate a Department Training Plan which includes, but is not limited to:
• All legislative mandated training.
• Job analysis based minimum required training for all Department assignments and promotions.
• Recruit and continuing professional training in conformance with the requirements established by the California Commission on Peace Officer Standards and Training and the California Board of Corrections Standards and Training for Correctional Officers.
• In-Service Training related to important and critical aspects of job performance such as firearms training, defensive tactics training and crowd control training. • Remedial training in areas where needed.
• In addition to the above stated duties, the Personnel and Training Sergeant shall be available upon request to discuss any member's educational and training needs as they relate to improving job performance and career development. 205.8.4: PERSONNEL AND TRAINING RECORDS
The following files and/or records shall be maintained by the Personnel and Training Sections:
• Personnel Files - Containing the background investigation, injuries/accidents, commendations, training, firearms qualifications, performance evaluations, and other miscellaneous information. Each employee shall have an individual file and the filing cabinet containing these files shall be locked at all times. All original Exhibit 1

documents shall not be removed from these files, only copied, and such information copied from these files for Department use must be approved by the Personnel and Training Sergeant and accounted for via a checkout log kept in the Personnel and Training Office.
• Financial Records - For all training schools attended by department members during the past three (3) fiscal years.
• Personnel Roster Files - Entries to be kept electronically indicating, for each member/employee, personnel data pertaining to Department issued equipment, personal skills and Department assignments.
• Eligibility List Files - Indicating all applicants who were investigated and were subsequently not hired.
• Training Activity Files - Following participation in training programs, each member's training record shall be updated.
• Department Master Training Plan - Indicating the training status of all department employee classifications and task assignments with regards to compliance with the plan.
205.8.5: EDUCATION INCENTIVE PROGRAM
The Personnel and Training Sergeant shall be responsible for determining the eligibility of all appropriate members for receiving the Education and Training Incentive Award.

Alameda City Council Resolution No. 7350, and subsequent appropriate resolutions and amendments and regulations, shall apply to this award program.

205.8.6: PUBLIC INFORMATION FUNCTIONS
The Personnel and Training Sergeant shall coordinate the public information function as follows:
• Provide speakers for, or speaking at, eligible citizen groups and institutions relative to their area of responsibility. Refer to the directive concerning public speaking engagements.
• Arrange for the release of personnel and training information to the news media where appropriate.
• Coordinate with similar functions in other Departments, governmental agencies and community organizations.
205.8.7: LIAISON FUNCTIONS
The Personnel Officer is designated the Alameda Police Department liaison with the following institutions for the purpose of keeping abreast of the latest personnel and training techniques, opportunities, and financial support programs, as well as membership and liaison with training management associations beneficial to the Alameda Police Department's training mission.
• Commission on Peace Officers' Standards and Training (POST).

Exhibit 1

• State of California Board of Corrections Standards and Training for Corrections (STC).
• Area Community Colleges, four year colleges and universities. • Other Police Agencies on matters of personnel and training. • The City Personnel Department.
• Military and business establishments as required.

205.9: TRAINING BULLETIN
It is the policy of the Department that Training Bulletins will be produced and distributed for the purpose of disseminating training information or procedures for carrying out agency activities. Training Bulletins will be produced and distributed on an "as needed" basis.

Responsibility
• The Personnel and Training Section is responsible for the development, updating, maintenance, filing, and distribution of Training Bulletins.

Procedure
• A Training Bulletin may be generated by any member of the Department. • The Personnel and Training Section shall review the proposed Training Bulletin for content, accuracy, and any possible conflict with established Department Orders. • Proposed Training Bulletins shall be forwarded to the Bureau of Services Commander, through the Chain of Command, for approval.
• The Bureau of Services Commander shall review, and if approved, forward the approved Training Bulletin back to the Personnel and Training Section. • The Personnel and Training Section shall then complete a final draft of the Training Bulletin and forward it to the Chief of Police for final approval.

After approval, the Training Bulletin shall be returned to the Personnel and Training Section for numbering, indexing, logging, reproducing, and distribution.

205.10: TRAINING COMMITTEE
The Bureau of Service Captain shall establish a Training Committee, which will serve to assist with identifying training needs for the Department.

The Training Committee shall be comprised of at least three members, with the senior ranking member of the committee acting as the chairperson. Members should be selected based on their abilities at post-incident evaluation and at assessing related training needs.

The Bureau of Service Captain may remove or replace members of the committee at his/her discretion. The Training Committee should review certain incidents to determine Exhibit 1

whether training would likely improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to the incident. Specific incidents the Training Committee should review include, but are not limited to:
(a) Any incident involving the death or serious injury of an employee. (b) Incidents involving a high risk of death, serious injury or civil liability. (c) Incidents identified by a supervisor as appropriate to review to identify possible training needs.

The Training Committee should convene on a regular basis as determined by the Bureau of Service Captain to review the identified incidents. The committee shall determine by consensus whether a training need exists and then submit written recommendations of its findings to the Bureau of Service Captain. The recommendation should not identify specific facts of any incidents, such as identities of employees involved or the date, time and location of the incident, but should focus on the type of training being recommended.

The Bureau of Service Captain will consider the recommendations of the committee and determine what training should be addressed, taking into consideration the mission of the Department and available resources.

205.11: TRAINING PROCEDURES
(a) All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following:

1. Court appearances

2. First choice vacation

3. Sick leave

4. Physical limitations preventing the employee's participation.

5. Emergency situations
(b) When an employee is unable to attend mandatory training, that employee shall:

1. Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training.

2. Document his/her absence in a memorandum to his/her supervisor.

Exhibit 1

3. Make arrangements through his/her supervisor and the Personnel & Training Sergeant to attend the required training on an alternate date.

205.12: TRAINING SERGEANT
The Chief of Police shall designate a Training Sergeant who is responsible for developing, reviewing, updating, and maintaining the department training plan so that required training is completed. The Training Sergeant should review the training plan annually.

205.12.1: TRAINING RESTRICTION
The Training Sergeant is responsible for establishing a process to identify officers who are restricted from training other officers for the time period specified by law because of a sustained use of force complaint (Government Code § 7286(b)).

Exhibit 1

210: License to Carry a Firearm

210.1: PURPOSE AND SCOPE
The purpose of this policy is to provide a written process for the application, issuance, denial, appeal, and revocation of a license to carry a firearm (Penal Code § 26150; Penal Code § 26155).
210.1.1: APPLICATION OF POLICY
Nothing in this policy shall preclude the Chief or other head of a municipal police agency from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police agency to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155).

210.2: POLICY
The Alameda Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy.

210.3: QUALIFIED APPLICANTS
In order to qualify for a license to carry a firearm, the applicant must:
a. Be deemed not to be a disqualified person as provided in Penal Code § 26202. b. Be deemed not to be prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26185; Penal Code § 26195). c. Be a resident of the City of Alameda or meet the non-residential jurisdictional requirements or meet the non-residential jurisdictional requirements (Penal Code § 26150; Penal Code § 26155)
d.

1. Non-resident applicants may be eligible for a license if they are members of the California Rifle & Pistol Association, Inc., Gun Owners of America, Inc., Gun Owners of California, Inc., the Second Amendment Foundation, or the Firearms Policy Coalition and are not otherwise prohibited from possessing firearms under federal or California law. Proof of membership is required. e. Be at least 21 years of age, and present clear evidence of identity and age as defined in Penal Code § 16400 (Penal Code § 26150; Penal Code § 26155). f. Fully complete the California Department of Justice (DOJ) application (Penal Code § 26175).
g. Submit fingerprints and a complete criminal background check (Penal Code § 26185).
h. Pay all associated application fees (Penal Code § 26190).

Exhibit 1

i. Be the recorded owner of the firearm, with the California DOJ, for which the license will be issued, as determined by the Alameda Police Department (Penal Code § 26162).
j. Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190).
k. Complete required training described in Penal Code § 26165. 210.3.1: NON-RESIDENT APPLICANTS
Non-resident applicants are required to meet the resident criteria described in the Qualified Applicants section of this policy, where applicable, as well as the requirements in Penal Code § 26150(b) and Penal Code §26155(b).

210.3.2: APPLICANT DISQUALIFICATION
The Alameda Police Department shall not issue a license when (Penal Code § 26195):
a. The applicant fails to comply with all reporting requirements concerning any restraining orders, arrests, convictions, or charges as specified in Penal Code § 26202.
b. The applicant knowingly provided false, inaccurate, or incomplete information in connection with any application for a license, license renewal, or license amendment pursuant to Penal Code § 26175(e).
210.4: APPLICATION PROCESS
The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied.

210.4.1: PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS)
a. Any individual applying for a license to carry a firearm shall first fully complete a California DOJ application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180).
b.

1. If an incomplete application package is received, the Chief of Police or the authorized designee may do any of the following:

2. a. Require the applicant to complete the package before any further processing.
b. Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions.

Exhibit 1

c. Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., disqualifying criminal conviction). c. Applicant fees shall be submitted and processed according to department- established procedures and Penal Code § 26190.
d.

1. Additional fees may be required for fingerprinting, training, or psychological testing, in addition to the application fee.

2. Full payment of the remainder of the application fee will be required upon issuance of a license.

3. Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 26170).
e. Additional documents may be requested of the applicant as required to complete the application process (e.g., photograph).
f. The applicant shall submit proof of ownership or registration of each firearm to be licensed.

Within 90 days of receiving the completed application for a new license, the Alameda Police Department shall give written notice to the applicant of the Alameda Police Department's initial determination, based on its preliminary investigation, whether or not the applicant is a disqualified person. This shall include a final determination on whether the applicant is an unlawful user of or addicted to any controlled substance described in 18 USC 922 (g)(3) (Penal Code § 26202).

If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165.

210.4.2: PHASE TWO
This phase is to be completed only by those applicants successfully completing phase one. a. Fingerprints and related information required by the California DOJ shall be submitted to the California DOJ as provided in Penal Code § 26185. b. The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Alameda Police Department for psychological testing. The cost of such psychological testing shall be paid by the applicant but shall not exceed the reasonable costs to the Alameda Police Department. The Chief of Police may allow non-resident applicants to complete the psychological assessment virtually or at an approved location in the applicant's state of residence (Penal Code § 26190).
c. The applicant shall complete a course of training approved by the Alameda Police Department, which complies with Penal Code § 26165.

Exhibit 1

d. The applicant shall submit any firearm to be considered for a license to the Rangemaster or other department authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer's specifications or that is unsafe (Penal Code § 31910).
e. The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Rangemaster, or provide proof of successful completion of another department-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/examination shall be the responsibility of the applicant.

Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied (Penal Code § 26170).

210.5: ISSUED FIREARMS PERMITS
In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply:
a. The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner, and circumstances under which a person may carry the firearm (Penal Code § 26200(b)).

1. All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200(c)).

2. The licensee will be required to sign a Restrictions and Conditions Agreement. Any violation of any of the restrictions and conditions may result in the immediate revocation of the license.
b. The license shall clearly identify the licensee, bear a photograph and fingerprints of the licensee with the expiration date, type of firearm, restrictions, and other pertinent information as described by Penal Code § 26175. The license may be laminated (Penal Code § 26175).
c. The license will be valid for a period not to exceed two years from the date of issuance (Penal Code § 26220).

1. A license issued to a state or federal magistrate, commissioner, or judge will be valid for a period not to exceed three years.

2. A license issued to any reserve peace officer as defined in Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5 will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual's conclusion of service as a reserve officer.

Exhibit 1

d. If the licensee's place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210).
e. The licensee shall notify this department in writing within 10 days of any change of place of residency. Within 10 days of receiving such notice, the Alameda Police Department shall notify the California DOJ (Penal Code § 26210). 210.5.1: AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Alameda Police Department in order to (Penal Code § 26215):
a. Add or delete authority to carry a firearm listed on the license. b. Change restrictions or conditions previously placed on the license. c. Change the address or other personal information of the licensee (Penal Code § 26210).

In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.

210.5.2: REVOCATION OF LICENSES
Any license issued pursuant to this policy shall be revoked by the Chief of Police for any of the following reasons (Penal Code § 26195):
a. The licensee is prohibited by state or federal law from owning or purchasing a firearm.
b. The licensee has become a disqualified person and cannot receive such a license in accordance with the standards set forth in Penal Code § 26202. c. The licensee has breached any of the conditions or restrictions described in Penal Code § 26200.
d. Any information provided by a licensee in connection with an application for a new license or an application to amend a license was knowingly inaccurate or incomplete.
e. If the license is one to carry "loaded and exposed," the license shall be revoked immediately upon a change of the licensee's place of residence to another county (Penal Code § 26210).
f. The licensee fails to notify the issuing department of a restraining order, arrest, charge, or conviction of a crime in Penal Code § 26202.

Exhibit 1

The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment, or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein.

If any license is revoked, the Alameda Police Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225).

210.5.3: LICENSE RENEWAL
No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by:
a. Verifying all information submitted in the original application under penalty of perjury.
b. Completing a training course pursuant to Penal Code § 26165. c. Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer's specifications or that is unsafe (Penal Code § 31910).
d. Paying the applicable renewal application fee.

Within 90 days of receiving the completed application for a renewal license, the Alameda Police Department shall give written notice to the applicant of the department's initial determination whether or not the applicant is a disqualified person (Penal Code § 26202).

If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165.

The Alameda Police Department shall then submit the renewal notification to the California DOJ as provided in Penal Code § 26185.

Once the Chief of Police or the authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied.

The Alameda Police Department shall not issue a renewal license unless confirmation has been received from the California DOJ that the applicant is eligible to possess, receive, own, or purchase a firearm (Penal Code § 26185).

210.6: [DepartmentOffice] REPORTING AND RECORDS
The Alameda Police Department shall maintain a record of the following and immediately provide copies of each to the California DOJ (Penal Code § 26225):
a. The denial of a license
Exhibit 1

b. The denial of an amendment to a license
c. The issuance of a license
d. The amendment of a license
e. The revocation of a license
The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges.

210.7: CONFIDENTIAL RECORDS
The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner, or judge contained in an application shall not be considered a public record (Government Code § 7923.805).

210.8: LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non- resident applicant is granted only to the Sheriff of the county in which the applicant works.

A chief of a municipal police department may not issue limited licenses and these applicants should be referred to the Sheriff's Office (Penal Code § 26150).

An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following:
a. The applicant physically spends a substantial period of working hours in the applicant's principal place of employment or business within the City of Alameda (Penal Code § 26150).
b. Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220).
c. The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). d. Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 210.9: WRITTEN NOTICE FOR DENIAL OF LICENSE
The Chief of Police or the authorized designee shall give written notice to the applicant for a new license that the license is approved or denied within 120 days of the initial application or within 30 days after receipt of the applicant's criminal background check from the California DOJ, whichever is later (Penal Code § 26205).

Written notice to an applicant for a renewal license that is approved or denied shall be given within 120 days of receiving the completed application (Penal Code § 26205).

Exhibit 1

Additionally, regardless of the type of license, if the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).

210.9.1: ADDITIONAL REQUIREMENTS
If an application for a new license, renewal of a license, or revocation is denied based on a determination that the person is a disqualified person as provided by Penal Code § 26202, the Chief of Police or the authorized designee shall provide the person with the notice of determination as provided by Penal Code § 26202(d), Penal Code § 26205, or Penal Code § 26195(b)(3). The notice shall state the reason why the determination was made and inform the applicant that they may request a hearing from a court. The Alameda Police Department shall also provide the most recent California DOJ hearing request form to the applicant (Penal Code § 26206).

If an application for a new license, renewal of a license, or revocation is denied for any other reason as described in Penal Code § 26206(i), the Chief of Police or the authorized designee shall provide the person with the notice required under Penal Code § 26205 or Penal Code § 26195(b)(3), as applicable, and inform the applicant they may apply to the county Superior Court for a writ of mandate pursuant to Code of Civil Procedure § 1085 (Penal Code § 26206).

210.9.2: ADDITIONAL REPORTING REQUIREMENTS
The Alameda Police Department shall submit the required prescribed information in Penal Code § 26202(f) to the National Instant Criminal Background Check System Index within 5 days upon determination that an applicant is a disqualified person due to being an unlawful user of, or addicted to, any controlled substance (Penal Code § 26202(f)).

210.10: POLICY AVAILABILITY
This policy shall be made accessible to the public as provided by Penal Code § 26160.

Exhibit 1

211: Retiree Concealed Firearms

211.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Alameda Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455).

211.2: POLICY
It is the policy of the Alameda Police Department to provide identification cards to qualified former or retired officers as provided in this policy.

211.3: LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (18 USC § 926C(c)):
a. Separated from service in good standing from this department as an officer. b. Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. c. Has not been disqualified for reasons related to mental health. d. Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. e. Is not prohibited by federal law from receiving or possessing a firearm. 211.3.1: LEOSA IDENTIFICATION CARD FORMAT
The LEOSA identification card should contain a photograph of the former officer and identify him/her as having been employed as an officer.

If the Alameda Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Alameda Police Department to meet the active duty standards for qualification to carry a firearm.

211.3.2: AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is:

Exhibit 1

a. In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following:

1. An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement agency to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm.

2. A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state.
b. Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
c. Not prohibited by federal law from receiving a firearm. d. Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 211.4: CALIFORNIA IDENTIFICATION CARD ISSUANCE
Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). a. For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination.
b. No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305).
211.4.1: CALIFORNIA IDENTIFICATION CARD FORMAT
The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460):
a. A photograph of the retiree.
b. The retiree’s name and date of birth.
c. The date of retirement.
d. The name and address of this department.
e. A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.”
Exhibit 1

211.4.2: QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Alameda Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905):
a. The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved.
b. This department is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status.
c. The retiree is in compliance with all of the requirements of this department for the issuance of a CCW Approved endorsement.
211.4.3: QUALIFIED RETIRED RESERVES
Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300).

211.5: FORMER [Officer_Deputy] RESPONSIBILITIES
A former officer with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy.

211.5.1: RESPONSIBILITIES UNDER LEOSA
In order to obtain or retain a LEOSA identification card, the former officer shall:
a. Sign a waiver of liability of the Alameda Police Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Alameda Police Department.
b. Remain subject to all applicable department policies and federal, state and local laws.
c. Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm.
d. Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 211.5.2: MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW

ENDORSEMENT
In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305):

Exhibit 1

a. Qualify annually with the authorized firearm at a course approved by this department at the retired officer's expense.
b. Remain subject to all applicable department policies and federal, state, and local laws.
c. Not engage in conduct that compromises public safety. d. Only be authorized to carry a concealed firearm inspected and approved by the Alameda Police Department.
e. Undergo a fingerprint-based state and national criminal history background check when required by the Alameda Police Department (Penal Code § 26330). 211.6: DENIAL, SUSPENSION, OR REVOCATION OF A LEOSA IDENTIFICATION CARD
A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Alameda Police Department. In the event that an identification card is denied, suspended, or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final.

211.6.1: DENIAL PER 26305 Penal Code
26305.
(a) No peace officer who is retired after January 1, 1989, because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm pursuant to this article.
(b) A retired peace officer may have the privilege to carry a concealed and loaded firearm revoked or denied by violating any departmental rule, or state or federal law that, if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from the agency.
(c) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement on the certificate may be immediately and temporarily revoked by the issuing agency when the conduct of a retired peace officer compromises public safety.
(d) An identification certificate authorizing the officer to carry a concealed and loaded firearm or an endorsement may be permanently revoked or denied by the issuing agency only upon a showing of good cause. Good cause shall be determined at a hearing, as specified in Section 26320.

211.7: DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW

ENDORSEMENT CARD
Exhibit 1

A CCW endorsement for any officer retired from this department may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety (Penal Code § 25470).
a. In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received.
b. Prior to revocation of any CCW endorsement, the Alameda Police Department shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315).

1. The retiree shall have 15 days from the date of service to file a written request for a hearing.

2. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315).

3. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right.
c. A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Alameda Police Department, one selected by the retiree or his/her employee organization, and one selected jointly (Penal Code § 26320).

1. The decision of such hearing board shall be binding on the Alameda Police Department and the retiree.

2. Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Alameda Police Department will then reissue a new identification card which shall be stamped “No CCW Privilege.” d. Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below.

1. Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312).

2. The Watch Commander should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police.

3. The personal and written notification should be as follows:
a. The retiree’s CCW endorsement is immediately and temporarily suspended.

Exhibit 1

b. The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. c. The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period.

4. In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Alameda Police Department to deliver the written notification.
211.8: FIREARM QUALIFICATIONS
The Rangemaster may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used.

Exhibit 1

300: Use of Force

300.1: PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286).

In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies.

Retaliation prohibitions for reporting suspected violations are addressed in the Anti- Retaliation Policy.

300.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.10, 4.1.1, 4.1.2, 4.1.5, 4.1.6, 4.1.7,

4.2.1, 4.2.2, 4.2.3, 4.2.4

300.1.2: DEFINITIONS
Definitions related to this policy include:

Active Resistance – Imminent threat(s) through verbal statement(s) and/or physical action(s) by an individual who has the intent, means, opportunity, and ability to:
1) resist arrest/custody through violence and/or
2) flee from arrest/custody.

Compliant Subject - An individual who is cooperative, responsive to lawful commands, and offers no active resistance.

Control Hold - Any Department-approved method or hold, designed to control the movement of an individual by manually applying pressure to a particular part of their body (such as bent wrist control hold, twist lock, rear wrist lock, finger lock, etc.). A control hold can be applied without implementing pain.

Control Techniques - Movements/manipulation of an engaged individual by an officer which could include pushing, pulling, guiding, and/or the use of control holds.

Exhibit 1

Deadly/Lethal Force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a).

De-escalation - The process of using strategies and techniques intended to decrease the need to use force and/or reducing or ending the application of force.

Disengagement - A de-escalation tactic designed to avoid or minimize the need to use force, or otherwise unsafe outcomes for both the individual being contacted and/or the officer. Disengagement may be a viable option for individuals who pose no additional threats to others, there is no crime, or for individuals who may later be apprehended under safer conditions.

Emergency Medical Treatment – Treatment for significant injuries where an individual requires life-saving intervention and/or treatment at a hospital.

Exigent Circumstances – Circumstances where a reasonable person would believe that certain action(s) and/or response(s) were necessary to prevent harm.

Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)).

Force - The application of physical techniques/tactics, chemical agents, or weapons upon another person to:

1. Defend against an assault, and/or

2. Overcome resistance to arrest/custody, and/or

3. Overcome flight from arrest/custody.

It is not a use of force when a person allows themselves to be searched, escorted, handcuffed, or restrained.

Imminent Threat - A threat which, based on the totality of the circumstances and clear articulable facts, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. Imminent threat is one that from appearances must be immediately addressed. (Penal Code 835a).

Intercede- Includes, but is not limited to, verbally and/or physically stopping the excessive use of force.

Less-Lethal Force - Any use of force, other than deadly force, which by design presents less potential for causing death or serious injury than conventional lethal force options.

Exhibit 1

Medical Treatment – Treatment for injuries not requiring lifesaving intervention. This includes first aid in the field or treatment at a medical facility.

Necessary Force - Force where objectively reasonable alternatives were not available and/or practical and the force used was reasonable based on the Department's policy and training to effect the lawful purpose intended.

Objectively Reasonable – An assessment of reasonableness based on a specific set of facts and a totality of circumstances where an officer's conduct is evaluated based on the reasonable officer standard. This evaluation is used to determine whether the officer's actions were justified given the situation they faced at that time.

Pain Compliance Technique - Involves either the manipulation of a person's joints or activating certain pressure points intended to create sufficient pain for the purpose of motivating a person to comply with verbal commands.

Passive Resistance - Resistance where an individual does not follow the lawful verbal commands of an officer and does not engage in acts of violence and/or physical resistance in any way. Examples: A person who goes completely limp, sits down, and refuses to stand or walk, or who may stand with arms at their sides without attempting to strike at or physically resist officers.

Personal Body Weapons - An officer's use of their body part, including but not limited to hand, foot, knee, elbow, shoulder, hip, arm, leg, or head by means of kinetic energy transfer (impact) to gain control of a subject.

Pre-Event Conduct - The actions of police personnel, to include the process of gathering and assessing all of the information and resources available to officers prior to an event.

Restrained Person – A person who has fully been placed into any authorized restraint device such as handcuffs, leg restraints, or a WRAP Restraint Device.

Serious Bodily Injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)).

Tactical Repositioning - A tactic considered when circumstances reasonably appear to be conducive and advantageous to physically move or change an officer's location. The intent is to seize opportunities to gain additional time, distance, and cover in a manner that supports safety for members of the community, officers, and the subject. When appropriate, the objective is to consider tactical repositioning as an option in support of de- escalation techniques and to increase an officer's reaction time and tactical options.

Tactical repositioning is not considered a "retreat" as outlined in PC 835a(d) and should be included as another option for officers to consider when attempting an arrest.

Exhibit 1

Takedown Technique – A method designed to physically take a subject to the ground with the intent of gaining control of the subject.

Totality of the Circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a).

300.2: POLICY
The Alameda Police Department's highest priority is safeguarding the life, dignity, and liberty of all persons. Officers shall demonstrate this principle in their daily interactions with the community they are sworn to protect and serve. The Department is committed to accomplishing this mission with respect and minimal reliance on the use of force by using rapport-building communication, crisis intervention, and de-escalation tactics before resorting to force. Officers must respect the sanctity of human life, act in all possible respects to preserve human life, and minimize the force that is used, while still protecting themselves and the public.

In all cases where physical force is used and no other options were practical, officers shall use a minimum amount of force to accomplish a legitimate law enforcement objective that is objectively reasonable and proportional to effectively and safely overcome resistance.

The United States Supreme Court in Graham v. Connor, 490 U.S. 386 (1989), held that, in order to comply with the U.S. Constitution, an officer's use of force must be objectively reasonable under the totality of circumstances known to the officer at the time.

Additionally, Penal Code section 835(a) imposes further restrictions on an officer's use of force.

The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

The Alameda Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests.

300.2.1: DUTY TO INTERCEDE
Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively Exhibit 1

reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force.

When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)).

300.2.2: FAIR AND UNBIASED USE OF FORCE
Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). Any application of force that is solely rooted in bias against a person's race, ethnicity, national origin, religion, disability, gender identity or expression, sexual orientation, or any other protected class/characteristic is strictly prohibited. Officers engaged in such action will be subject to termination. See the Bias-Based Policing Policy.

300.2.3: DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)).

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.

300.2.4: FAILURE TO INTERCEDE
An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)).

300.3: USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they Exhibit 1

reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the Alameda Police Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose.

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. Officers should consider re-positioning or disengaging.

300.3.1: USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose their right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a).

300.3.2: FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to:
a. The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a).
b. The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a).
c. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). d. The conduct of the involved officer leading up to the use of force (Penal Code § 835a).
e. The effects of suspected drugs or alcohol.
f. The individual's apparent mental state or capacity (Penal Code § 835a).

Exhibit 1

g. The individual's apparent ability to understand and comply with officer commands (Penal Code § 835a).
h. Proximity of weapons or dangerous improvised devices. i. The degree to which the subject has been effectively restrained and their ability to resist despite being restrained.
j. The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a).
k. Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used.
l. Training and experience of the officer.
m. Potential for injury to officers, suspects, bystanders, and others. n. Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
o. The risk and reasonably foreseeable consequences of escape. p. The apparent need for immediate control of the subject or a prompt resolution of the situation.
q. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. r. Prior contacts with the subject or awareness of any propensity for violence. s. Any other exigent circumstances.

300.3.3: PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider:
a. The degree to which the application of the technique may be controlled given the level of resistance.
b. Whether the person can comply with the direction or orders of the officer. c. Whether the person has been given sufficient opportunity to comply.

The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.

300.3.4: USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the Exhibit 1

head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Alameda Police Department for this specific purpose.

300.3.5: ALTERNATIVE TACTICS - DE-ESCALATION
De-escalation and Force Minimization: Every officer's goal, throughout an encounter with a member of the public, shall be to de-escalate, wherever possible, and resolve the encounter without resorting to the use of force. Wherever possible, officers shall employ de-escalation techniques to increase the likelihood of voluntary compliance with law enforcement requests or directives and, thereby, decrease the likelihood that a use of force will become necessary during an incident. Further, in any encounters that do call for applying force, officers must always use a minimal amount of force that is objectively reasonable to safely achieve their legitimate law enforcement objective.

Proportionality: When determining the appropriate level of force, officers shall balance the severity of the offense committed and the level of resistance based on the totality of the circumstances known to or perceived by the officer at the time. It is particularly important that officers apply proportionality and critical decision making when encountering a subject who is unarmed or armed with a weapon other than a firearm.

Minimizing the Use of Deadly Force: Deadly force may only be used when it is objectively reasonable that such action is necessary to protect the officer or another person from imminent danger of death or serious bodily harm. Officers shall not use deadly force if it is objectively reasonable that alternative techniques will eliminate the imminent danger and ultimately achieve the law enforcement purpose with less risk of harm to the officer or to other persons.

Vulnerable Populations: Officers should be particularly sensitive when considering the use of force against vulnerable populations, including children, elderly persons, pregnant women, people with physical and mental disabilities, people experiencing mental health crises, and people with limited English proficiency.

Foster Strong Community Relationships: The Alameda Police Department understands that uses of force, even if lawful and proper, can have a damaging effect on the public's perception of the Department and the Department's relationship with the community. The Department is committed to fostering strong community relations by building on its historic tradition of progressive policing, ensuring accountability and transparency, and striving to increase trust with our community.

De-escalation tactics and techniques are actions used by officers which seek to minimize the need to use force during an incident. Such tactics and techniques may increase the likelihood of voluntary compliance when employed and shall be used when it is safe to do so. De-escalation tactics emphasize slowing down an incident to allow time, distance, and flexibility for the situation to resolve. Officers shall continually assess the dynamics of a situation and modulate their response and actions appropriately. Officers may be justified Exhibit 1

in using force at one moment, but not justified in using force the next due to a change in dynamics. The application of these tactics is intended to increase the potential for resolution with a minimal reliance on the use of force, or without using force at all.

As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force:
a. Summoning additional resources that are able to respond in a reasonably timely manner.
b. Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. c. Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to:
a. Attempts to de-escalate a situation.
b. If reasonably available, the use of crisis intervention techniques by properly trained personnel.
c. Maintaining a safe distance.
d. Using available cover and concealment and identifying escape routes. e. Staging other relevant emergency personnel such as the Alameda Fire Department. f. Controlling vehicle and pedestrian traffic.
g. Establishing communication, preferably with one officer. h. Creating an emergency plan and a deliberate plan with contingencies. i. Making a tactical approach to the scene.
j. Gathering intelligence concerning the incident and/or the involved person(s) from available sources.
k. Evaluating if the person has any of the following conditions which may prevent or delay effective de-escalation:

1. Physical disability

2. Mental health disability

3. Developmental disability

4. Intellectual disability

5. Under the influence of drugs (prescribed or otherwise) or alcohol, or both l. Using available cover and concealment, as appropriate. m. Utilizing distance and space to maximize non-confrontational contact and dialogue. n. Communicating with the person in a calm, slow, non-threatening manner and tone:

1. Provide clear, concise directions or commands

2. Allow person(s) to express themselves verbally; allow the person to "vent" Exhibit 1

3. Ask open-ended questions

4. Recognize the importance of verbal and non-verbal communication being in sync
o. Deploying less-lethal resources.
p. Tactical repositioning of resources and personnel.
q. Disengagement.

300.3.6: RESTRICTIONS ON THE USE OF A CAROTID RESTRAINT OR CHOKE HOLD
Officers of this department are not authorized to use a carotid restraint or choke hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person's neck that involves a substantial risk of restrict blood flow and may render the person unconscious in order to subdue or control the person. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5).

300.3.7: ADDITIONAL RESTRICTIONS
Officers are not authorized to use any restraint or transportation method which would create substantial risk of positional asphyxia as defined by Government Code § 7286.5 and/or unreasonably impair an individual's breathing or respiratory capacity. Once controlled, the individual shall be placed into a recovery position (e.g., supine or seated) and officers shall promptly check and continuously monitor the individual's condition for signs of medical distress (Government Code § 7286.5).

Pressure on the head, neck, and/or spine shall be avoided unless necessary to protect the safety of the officer(s) or other person(s).

Any pressure applied on the back shall be transitory.

Department policy further requires restrained individuals shall be placed into the recovery position immediately.

If a decision is made to place a restrained individual into a leg restraint device, officers shall comply with Policy 306.7.

300.4: DEADLY FORCE APPLICATIONS
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a).

Exhibit 1

If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)).

The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a):
a. An officer may use deadly force to protect themself or others from what the officer reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person.
b. An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

Officers shall not use deadly force against a person based on the danger that person poses to themself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).

Additionally, an officer shall not use deadly force against a person whose actions are a threat solely to property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity.

An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).

300.4.1: SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Government Code § 7286(b)).

Exhibit 1

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

300.4.2: DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)):
a. If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual.
b. If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat.

Once it is reasonably safe to do so, officers should carefully secure all firearms.

300.5: REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why they believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Alameda Police Department may require the completion of additional report forms, as specified in department policy, procedure or law.

300.5.1: NOTIFICATION TO SUPERVISORS
Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13):
a. The application caused a visible injury.
b. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
c. The individual subjected to the force complained of injury or continuing pain. d. The individual indicates intent to pursue litigation. e. Any application of a conducted energy device or control device. f. Any application of a restraint device other than handcuffs, shackles, or belly chains. g. The individual subjected to the force was rendered unconscious. h. An individual was struck or kicked.
i. An individual alleges unreasonable force was used or that any of the above has occurred.

Exhibit 1

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.

300.5.2: REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Division Policy.

300.5.3: REPORT RESTRICTIONS
Officers shall not use the term "excited delirium" to describe an individual in an incident report. Officers may describe the characteristics of an individual's conduct, but shall not generally describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited delirium" (Health and Safety Code § 24402).

300.6: MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)).

Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed.

Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible.

The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons Exhibit 1

should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate.

See the Medical Aid and Response Policy for additional guidelines.

300.7: SUPERVISOR RESPONSIBILITY
A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)):
a. Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
b. Ensure that any injured parties are examined and treated. c. When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived their Miranda rights, the following shall apply:

1. The content of the interview should not be summarized or included in any related criminal charges.

2. The fact that a recorded interview was conducted should be documented in a property or other report.

3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired.
d. Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. e. Identify any witnesses not already included in related reports. f. Review and approve all related reports.
g. Determine if there is any indication that the subject may pursue civil litigation.

1. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels.
h. Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.

300.7.1: [watchCommander] RESPONSIBILITY
The Watch Commander shall review each use of force by any personnel within their command to ensure compliance with this policy and to address any training issues.

Exhibit 1

300.8: ADMINISTRATIVE LEAVE
Any officer involved in a deadly force incident which results in serious bodily injury or death shall be placed on Administrative Leave upon completion of a preliminary report of the incident. This leave shall be without loss of pay or benefits pending the results of the investigation. The assignment to Administrative Leave shall not be interpreted to imply or indicate that the officer's actions were improper.

While on Administrative Leave the officer shall remain available during the normal business day for official Department interviews and statements regarding the incident, and shall be subject to recall to duty at any time.

In all cases where any person has been seriously injured or killed as a result of actions by a police officer, the involved officer will be required to undergo a debriefing with a professional counselor supplied by the City, as soon as possible. The purpose of this debriefing is to allow the officer to express their feelings and to deal with the moral, ethical and/or psychological after effects of the incident. The debriefing session will remain protected by the privileged physician-patient relationship.

300.9: TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)).

300.9.1: TRAINING REQUIREMENTS
Required annual training shall include:
a. Legal updates.
b. De-escalation tactics, including alternatives to force. c. The duty to intercede.
d. The duty to request and/or render medical aid.
e. Warning shots (see the Firearms Policy).
f. All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings). g. A review of definitions such as reasonable belief and serious bodily injury. h. Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10.

See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint.

300.9.2: STATE-SPECIFIC TRAINING REQUIREMENTS
Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)).

Exhibit 1

300.10: USE OF FORCE ANALYSIS
At least annually, the Field Services Bureau Commander should prepare an analysis report on use of force incidents by the end of the first quarter of each calendar year. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include:
a. The identification of any trends in the use of force by members. b. Date and time of incidents.
c. Types of encounters resulting in use of force.
d. Trends or patterns related to race, age, and gender of subjects involved. e. Trends of patterns resulting in an injury to any person including employees. f. Impact on policies, practices, equipment, and training

300.11: USE OF FORCE COMPLAINTS
The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)).

300.12: POLICY REVIEW
The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)).

300.13: POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)).

300.14: PUBLIC RECORDS REQUESTS
Requests for public records involving an officer’s personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)).

Exhibit 1

309: Domestic Violence

309.1: PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence.

309.1.1: DEFINITIONS
Definitions related to this policy include:

Court order - All forms of orders related to domestic violence that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made.

309.2: POLICY
The Alameda Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible.

309.3: OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved.

309.4: INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence cases:
a. Calls of reported, threatened, imminent, or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. b. When practicable, officers should obtain and document statements from the victim, the suspect, and any witnesses, including children, in or around the household or location of occurrence.

Exhibit 1

1. A lethality assessment should be administered to victims of domestic violence to assess the level of danger and/or the severity of the situation and attached to the appropriate report.
c. Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up.
d. When practicable and legally permitted, video or audio record all significant statements and observations.
e. All injuries should be photographed, regardless of severity, taking care to preserve the victim's personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Investigations Division in the event that the injuries later become visible.
f. Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. g. If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement, and make an arrest or seek an arrest warrant if appropriate.
h. Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). i. When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order, and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report.
j. Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include:

1. Whether the suspect lives on the premises with the victim.

2. Claims by the suspect that the victim provoked or perpetuated the violence.

3. The potential financial or child custody consequences of arrest.

4. The physical or emotional state of either party.

5. Use of drugs or alcohol by either party.

6. Denial that the abuse occurred where evidence indicates otherwise.

7. A request by the victim not to arrest the suspect.

8. Location of the incident (public/private).

9. Speculation that the complainant may not follow through with the prosecution.

10. Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic Exhibit 1

status, age, cultural group, disability, or marital status of the victim or suspect.

11. The social status, community status, or professional position of the victim or suspect.
309.4.1: IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
a. Advise the victim that there is no guarantee the suspect will remain in custody. b. Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail.
c. Advise the victim whether any type of court order will be in effect when the suspect is released from jail.
309.4.2: IF NO ARREST IS MADE
If no arrest is made, the officer should:
a. Advise the parties of any options, including but not limited to:

1. Voluntary separation of the parties.

2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness unit).
b. Document the resolution in a report.
309.4.3: ARRESTING [Officers_Deputies]' RESPONSIBILITIES REGARDING

FIREARMS
If a suspect is arrested, officers shall (Penal Code § 273.76):
a. Query the Automated Firearms System through the California Law Enforcement Telecommunications System (CLETS) for any firearms owned or possessed by the arrestee.

1. The investigating or filing officer shall include a copy of the Automated Firearms System report when filing the case with the district attorney or prosecuting city attorney.
b. Ask the arrestee, victim, and any other household members, if applicable, about any firearms owned or possessed by the arrestee.
c. Ensure that any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search is taken into temporary custody pursuant to Penal Code § 18250.
d. Document in the arrest report the detailed actions taken required by Penal Code § 273.76.
309.5: VICTIM ASSISTANCE
Exhibit 1

Because victims may be traumatized or confused, officers should be aware that a victim's behavior and actions may be affected:
a. Victims should be provided with the department's domestic violence information handout, even if the incident may not rise to the level of a crime. b. Victims should also be alerted to any available victim advocates, shelters, and community resources.
c. When an involved person requests law enforcement assistance while removing essential items of personal property, officers should stand by for a reasonable amount of time.
d. If the victim has sustained injury or complaints of pain, officers should seek medical assistance as soon as practicable.
e. Officers should ask the victim whether the victim has a safe place to stay and assist in arranging transportation to an alternate shelter if the victim expresses a concern for the victim's safety or if the officer determines that a need exists. f. Officers should make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. g. If appropriate, officers should seek or assist the victim in obtaining an emergency order if appropriate.

An officer shall advise an individual protected by a Canadian domestic violence protection order of available local victim services (Family Code § 6452).

309.6: DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable.

Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order.

309.7: FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of whether the order has been properly registered with this state (Family Code § 6403).

Exhibit 1

Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (Family Code § 6452).

309.8: VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and where appropriate and practicable:
a. Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order.

1. If a determination is made that a valid foreign order cannot be enforced because the subject has not been notified or served the order, the officer shall inform the subject of the order, make a reasonable effort to serve the order upon the subject, and allow the subject a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice (Family Code § 6403).
b. Check available records or databases that may show the status or conditions of the order.

1. Registration or filing of an order in California is not required for the enforcement of a valid foreign order (Family Code § 6403). c. Contact the issuing court to verify the validity of the order. d. Contact a law enforcement official from the jurisdiction where the order was issued to verify information.

Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed.

309.9: STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
a. An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701).

Any decision to not arrest an adult when there is probable cause to do so requires supervisor approval.

1. Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836).
b. An officer responding to a domestic violence call who cannot make an arrest will advise the victim of the victim's right to make a private person's arrest. The advisement should be made out of the presence of the suspect and shall include Exhibit 1

advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person's arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person's arrests (Penal Code § 836(b)). c. Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)):

1. Penal Code § 243(e)(1) (battery against spouse, cohabitant)

2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender's child)

3. Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party

4. Penal Code § 646.9 (stalking)

5. Other serious or violent felonies specified in Penal Code § 1270.1 d. In responding to domestic violence incidents, including mutual protective order violations, officers should generally be reluctant to make dual arrests. Officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer shall consider:

1. The intent of the law to protect victims of domestic violence from continuing abuse.

2. The threats creating fear of physical injury.

3. The history of domestic violence between the persons involved.

4. Whether either person acted in self-defense.
e. An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code § 836), regardless of whether the offense was committed in the officer's presence.

After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836).
309.10: REPORTS AND RECORDS
a. A written domestic violence incident report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730), including notations for any court order served that are subject to the report requirements (Penal Code § 13730; Code of Civil Procedure § 527.12).
b. Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time.

Exhibit 1

c. Officers who seize any firearm, ammunition, or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt that includes the name and residential mailing address of the owner or person who possessed the weapon and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800; Family Code § 6389(c)).
309.11: RECORD-KEEPING AND DATA COLLECTION
The departmentRecords Division shall maintain records of court orders related to domestic violence and the service status of each order (Penal Code § 13710), as well as recordsAdditionally, records shall be maintained on the number of domestic violence related calls reported to the Alameda Police Department, including whether weapons were used in the incident or whether the incident involved strangulation or suffocation (Penal Code § 13730). This information is to be reported monthly to the Attorney General monthlyCalifornia Department of Justice (DOJ). It shall be the responsibility of the Records Supervisor to maintain and report this information as required. The Records Supervisor has the responsibility to ensure that records are maintained and the required information is reported to the DOJ (Penal Code § 13730).

309.12: SERVICE OF COURT ORDERS
a. An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located and shall provide the person protected or the person's parent/guardian with a copy of the order.

The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91).
b. A temporary restraining order, emergency protective order, or an order issued after a hearing shall, at the request of the petitioner, be served on the restrained person by an officer who is present at the scene of a reported domestic violence incident or when the officer receives a request from the petitioner to provide service of the order (Family Code § 6383; Penal Code § 13710).
c. Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)).
d. During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250).

1. An officer should ensure that the Communication Center is notified of any firearm obtained for entry into the Automated Firearms System (Family Code § 6383) (see the Records Division Policy for additional guidance).

Exhibit 1

e. If a valid Canadian order cannot be enforced because the person subject to the order has not been notified or served with the order, the officer shall notify the protected individual that reasonable efforts shall be made to contact the person subject to the order. The officer shall make a reasonable effort to inform the person subject to the order of the existence and terms of the order and provide the person with a record of the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). 309.13: PUBLIC ACCESS TO POLICY
A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701).

309.14: DECLARATION IN SUPPORT OF BAIL INCREASE
Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee's appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c).

309.15: DOMESTIC VIOLENCE DEATH REVIEW TEAM
This department should cooperate with any interagency domestic violence death review team investigation. Written and oral information relating to a domestic violence death that would otherwise be subject to release restrictions may be disclosed to the domestic violence death review team upon written request and approval of a supervisor (Penal Code § 11163.3).

Exhibit 1

312: Juvenile Operations

312.1: PURPOSE AND SCOPE
This policy is to establish guidelines and operational procedures for the Department regarding aspects of preventing and combating juvenile delinquency.

312.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 44.1.1, 44.2.1

312.2: RESPONSIBILITY OF DEPARTMENT MEMBERS
The Alameda Police Department recognizes the importance of preventing and combating juvenile delinquency. The Department also recognizes that traditional methods for dealing with juvenile offenders are not sufficient. To meet its commitment to provide exceptional services to the community, the Department participates in preventive programs and actions designed to prevent young people from developing criminal tendencies.

Officers have a wide range of alternatives they may employ when dealing with juvenile offenders from warnings to intake. Officers should use the least coercive alternative, consistent with preserving public safety, order, and individual liberty that is appropriate when deciding what action to take with juvenile offenders. Furthermore, it is the policy of the Alameda Police Department to implement problem-solving strategies through positive programs that deal with delinquency and youth crime.

All employees share in the responsibility for participating in and supporting the juvenile operations function to ensure that the appropriate action is taken in all cases where juveniles come to the attention of the Department. All sworn personnel will maintain a working knowledge of the California Welfare and Institutions Code concerning the handling of juveniles and familiarize themselves with the various support programs the Juvenile Court uses. Each officer assists, as applicable, in the design and implementation of programs intended to prevent and control delinquent and criminal behavior by juveniles.

312.2.1: TEMPORARY JUVENILE CUSTODY
When taking a juvenile into temporary custody, officers should select from the following alternatives the most appropriate course of action dependent upon the situation and needs of the juvenile:
• Divert the juvenile from the Court by release, counsel and release, release to parent or guardian on a Notice to Appear (NTA) to Juvenile Court, or referral to community resources (Diversion Program)
• Seek a Juvenile petition
Exhibit 1

• Seek a Juvenile petition and request a custody order
Refer to the Temporary Custody of Juveniles Policy for additional requirements.

312.2.2: CRIMINAL JUSTICE DIVERSION PROGRAMS
The Alameda Police Department contracts with diversion programs for juvenile offenders arrested and issued a Notice to Appear (NTA) for criminal behavior. These programs provide an opportunity for juvenile offenders issued a NTA to be diverted away from the juvenile justice system. The goal of such diversion is to provide community-level, individualized, and family-focused interventions to reduce recidivism. These programs also reduce the reliance on more expensive, intensive, and restrictive responses by the Probation Department/Juvenile Court.

312.3: COMMUNITY-BASED YOUTH PROGRAMS
The Department supports a philosophy of youth interaction and encourages all employees to volunteer their time and become active in community youth programs sponsored by the Alameda Unified School District (AUSD), Alameda Recreation and Park Department (ARPD) and other organizations.

312.4: JUVENILE POLICY DEVELOPMENT AND REVIEW
When substantive changes are being made to relevant juvenile policies and programs, the Bureau of Support Services Lieutenant or their designee will meet with the Alameda Unified School District administration to review and obtain feedback.

Exhibit 1

313: Temporary Custody of Juveniles

313.1: PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Alameda Police Department (34 USC § 11133).

Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy.

313.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 44.2.1, 44.2.2, 44.2.3

313.1.2: DEFINITIONS
Definitions related to this policy include:

Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally held for the juvenile's own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for the juvenile's protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person.

Juveniles 11 years of age or younger are considered juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.

Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602). It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303).

Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors.

Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object.

Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150).

Safety checks - Direct, visual observation personally by a member of this department performed at random intervals within time frames prescribed in this policy to provide for the health and welfare of juveniles in temporary custody.

Exhibit 1

Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object (15 CCR 1146).

Examples of secure custody include:
a. A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area.
b. A juvenile handcuffed to a rail.
c. A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds.
d. A juvenile being processed in a secure booking area when a non-secure booking area is available.
e. A juvenile left alone in a secure booking area after being photographed and fingerprinted.
f. A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked.
g. A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement.

Sight and sound separation - Located or arranged to prevent physical, visual, or auditory contact that is more than brief or inadvertent.

Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender.

This includes the habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense).

313.2: POLICY
The Alameda Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the Alameda Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release.

313.3: JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit any of the following conditions should not be held at the Alameda Police Department:
a. Unconscious
b. Seriously injured
c. A known suicide risk or obviously severely emotionally disturbed Exhibit 1

d. Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151).
e. Extremely violent or continuously violent
Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151).

These juveniles should not be held at the Alameda Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142).

If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or a transfer is completed (15 CCR 1142).

313.3.1: EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Alameda Police Department members should administer first aid as applicable (15 CCR 1142).

313.3.2: SUICIDE PREVENTION OF JUVENILES IN CUSTODY
Alameda Police Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill themself, or any unusual behavior which may indicate the juvenile may harm themself while in either secure or non-secure custody (15 CCR 1142).

313.4: CUSTODY OF JUVENILES
Officers should take custody of a juvenile and temporarily hold the juvenile at the Alameda Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim.

No juvenile should be held in temporary custody at the Alameda Police Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy.

Any juvenile taken into custody shall be released to the care of the juvenile's parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time Exhibit 1

of the juvenile's entry into the Alameda Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1).

313.4.1: CUSTODY OF JUVENILE NON-OFFENDERS
Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Alameda Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in secure custody (34 USC § 11133; Welfare and Institutions Code § 206).

Juveniles 11 years of age or younger who have committed an offense that would subject an adult to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation officer for a placement determination (Welfare and Institutions Code § 602.1).

313.4.2: CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders shall not be held in secure custody (34 USC § 11133).

313.4.3: CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non-secure custody while at the Alameda Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances.

Generally, a juvenile offender may be taken into custody when authorized by a court order or when there is probable cause to believe the juvenile has committed an offense that would subject an adult to arrest (Welfare and Institutions Code § 625).

A juvenile offender who is 14 years of age or older and taken into custody for committing or attempting to commit a felony with a firearm shall not be released and be transported to a juvenile facility (Welfare and Institutions Code § 625.3).

A juvenile offender suspected of committing murder, a sex offense described in Welfare and Institutions Code § 602(b) that may subject the juvenile to criminal jurisdiction under Welfare and Institutions Code § 707, or a serious or violent felony should be referred to a probation officer for a decision on further detention.

In all other cases the juvenile offender may be:
a. Released upon warning or citation.

Exhibit 1

b. Released to a parent or other responsible adult after processing at the Alameda Police Department.
c. Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility.
d. Transported to the juvenile offender's home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2).

In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative that least restricts the juvenile's freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626).

Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26).

313.5: ADVISEMENTS
Officers shall take immediate steps to notify the juvenile's parent, guardian, or a responsible relative that the juvenile is in custody, the location where the juvenile is being held, and the intended disposition (Welfare and Institutions Code § 627).

Whenever a juvenile (under 18 years of age) is taken into custody, officers shall contact the Alameda County Public Defender's Office and allow the minor to speak with the on-call Public Defender. Prior to the call ending and with the Public Defender still on the line, the juvenile shall be given the Miranda rights advisement regardless of whether questioning is intended. If the officer experiences difficulty contacting the Public Defender, they should contact the Alameda County Juvenile Hall intake division and request assistance contacting the on-call Public Defender. This does not apply to juvenile non-offenders taken into temporary custody for their safety or welfare (Welfare and Institutions Code § 625) Anytime a juvenile offender is placed in secure custody, the juvenile offender shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last, and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1).

Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to their parent or guardian; one to a responsible relative or their employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area.

Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5).

Exhibit 1

313.6: JUVENILE CUSTODY LOGS
Any time a juvenile is held in custody at the Alameda Police Department, the custody shall be promptly and properly documented in the juvenile custody log, including:
a. Identifying information about the juvenile.
b. Date and time of arrival and release from the Alameda Police Department (15 CCR 1150).
c. Watch Commander notification and approval to temporarily hold the juvenile. d. Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender.
e. Any changes in status (e.g., emergency situations, unusual incidents). f. Time of all safety checks.
g. Any medical and other screening requested and completed (15 CCR 1142). h. Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1; 15 CCR 1145).
i. Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority.

The Watch Commander shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released.

313.7: NO-CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Alameda Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1; Welfare and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-offenders and juvenile and status offenders.

In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Alameda Police Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144).

313.8: TEMPORARY CUSTODY REQUIREMENTS
Members and supervisors assigned to monitor or process any juvenile at the Alameda Police Department shall ensure the following:
a. The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the Alameda Police Department more than four hours. This will enable Exhibit 1

the Watch Commander to ensure no juvenile is held at the Alameda Police Department more than six hours.
b. A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy.
c. Personal safety checks and significant incidents/activities shall be noted on the log. d. Juveniles in custody are informed that they will be monitored at all times, except when using the toilet.

1. There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware.

2. This does not apply to surreptitious and legally obtained recorded interrogations.
e. Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). f. Juveniles shall be provided sanitary napkins, panty liners, and tampons as requested (15 CCR 1143).
g. Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143).
h. Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143).
i. Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way.
j. Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR 1143).
k. Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143).
l. Blankets shall be provided as reasonably necessary (15 CCR 1143).

1. The supervisor should ensure that there is an adequate supply of clean blankets.
m. Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape.
n. Juveniles shall have adequate furnishings, including suitable chairs or benches. o. Juveniles shall have the right to the same number of telephone calls as an adult in temporary custody.
p. Juveniles shall have access to language services (15 CCR 1143). q. Juveniles shall have access to disability services (15 CCR 1143). r. No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142).

While held in temporary custody, juveniles shall be informed in writing of what is available to them pursuant to 15 CCR 1143 and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143).

313.9: USE OF RESTRAINT DEVICES
Exhibit 1

Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Alameda Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142).

Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142).

Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142).

313.10: PERSONAL PROPERTY
The officer taking custody of a juvenile offender or status offender at the Alameda Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils, and belts.

The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Alameda Police Department.

313.11: SECURE CUSTODY
Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody.

Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to themselves or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to themselves or others include the following (15 CCR 1145):
a. Age, maturity, and delinquent history
b. Severity of offense for which the juvenile was taken into custody c. The juvenile offender's behavior
d. Availability of staff to provide adequate supervision or protection of the juvenile offender
e. Age, type, and number of other individuals in custody at the facility Members of this department shall not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option (15 CCR 1145).

Exhibit 1

When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile's safety while secured to a stationary object (15 CCR 1148).

Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented.

The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148).

313.11.1: LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report.

The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
a. The juvenile shall constantly be monitored by an audio/video system during the entire custody.
b. Juveniles shall have constant auditory access to department members (15 CCR 1147).
c. Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1).
d. Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151).

1. All safety checks shall be logged.

2. The safety check should involve questioning the juvenile as to the juvenile's well-being (sleeping juveniles or apparently sleeping juveniles should be awakened).

3. Requests or concerns of the juvenile should be logged. e. Juveniles of different genders shall not be placed in the same locked room (15 CCR 1147).
f. Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor).
g. Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.

Exhibit 1

313.12: SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Alameda Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address:
a. Immediate notification of the on-duty supervisor, Chief of Police, and Criminal Investigations Bureau Supervisor.
b. Notification of the parent, guardian, or person standing in loco parentis of the juvenile.
c. Notification of the appropriate prosecutor.
d. Notification of the City attorney.
e. Notification to the coroner.
f. Notification of the juvenile court.
g. In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections (BSCC) within the same time frame (15 CCR 1046).
h. A medical and operational review of deaths pursuant to 15 CCR 1046.

1. A copy of the review report shall be provided to BSCC within 60 days of the death (15 CCR 1046).
i. Evidence preservation.
313.12.1: IN-CUSTODY DEATH PUBLICATION
The Chief of Police or the authorized designee should ensure that specified information relating to an in-custody death of a juvenile is posted on the department website as prescribed and within the time frames provided in Penal Code § 10008.

313.13: INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent, to an interview or interrogation.

Prior to conducting a custodial interrogation, including the waiver of Miranda rights, an officer shall permit a juvenile 17 years of age or younger to consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived by the juvenile (Welfare and Institutions Code § 625.6).

Threats, physical harm, deception, or psychologically manipulative interrogation tactics shall not be used by an officer during a custodial interrogation of a juvenile (Welfare and Institutions Code § 625.7).

Exhibit 1

The requirements to consult with legal counsel or to refrain from the use of prohibited interrogation techniques do not apply when (Welfare and Institutions Code § 625.6; Welfare and Institutions Code § 625.7):
a. Information is necessary to protect life or property from an imminent threat.

1. The questions are limited to what is reasonably necessary to obtain the information relating to the threat.
313.13.1: MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who is 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 fixed place of detention. 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 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.
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.

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 over the individual, or Exhibit 1

the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8).

313.14: FORMAL BOOKING
No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in the supervisor's absence, the Watch Commander.

Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed.

For all other acts defined as crimes, juveniles may be booked, fingerprinted, or photographed upon the approval from the Watch Commander or the Investigations Division supervisor, giving due consideration to the following:
a. The gravity of the offense
b. The past record of the offender
c. The age of the offender
313.15: RELEASE OF INFORMATION CONCERNING JUVENILES
Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Members of this department shall not divulge any information regarding juveniles unless they are certain of the legal authority to do so.

Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Supervisor and the appropriate Investigations Division supervisors to ensure that personnel of those bureaus act within legal guidelines.

313.16: BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Field Services Bureau Commander shall coordinate the procedures related to the custody of juveniles held at the Alameda Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2).

313.17: RELIGIOUS ACCOMMODATION
Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy).

313.18: TRAINING
Alameda Police Department members should be trained on and familiar with this policy and any supplemental procedures.

Exhibit 1

318: Public Alerts

318.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate.

318.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 81.2.10

318.2: POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria.

318.3: RESPONSIBILITIES

318.3.1: MEMBER RESPONSIBILITIES
Members of the Alameda Police Department should notify their supervisor, Watch Commander, or Investigations Division Supervisor as soon as practicable upon learning of a situation where public notification, a warning, or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person, or gathering information.

318.3.2: SUPERVISOR RESPONSIBILITIES
A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Bureau Commander and the Public Information Officer when any public alert is generated.

The supervisor in charge of the investigation to which the alert relates is responsible for the following:
a. Updating alerts
b. Canceling alerts
c. Ensuring all appropriate reports are completed
d. Preparing an after-action evaluation of the investigation to be forwarded to the Bureau Commander
318.4: AMBER ALERTS
Exhibit 1

The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases.

318.4.1: CRITERIA FOR AMBER ALERT
The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)):
a. A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian.
b. The victim is 17 years of age or younger, or has a proven mental or physical disability.
c. The victim is in imminent danger of serious injury or death. d. There is information available that, if provided to the public, could assist in the child’s safe recovery.

318.4.2: PROCEDURE FOR AMBER ALERT
The supervisor in charge will ensure the following:
a. An initial press release is prepared that includes all available information that might aid in locating the child:

1. The child’s identity, age and description

2. Photograph if available

3. The suspect’s identity, age and description, if known

4. Pertinent vehicle description

5. Detail regarding location of incident, direction of travel, potential destinations, if known

6. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison

7. A telephone number for the public to call with leads or information b. The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (Government Code § 8594).
c. The press release information is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies.
d. Information regarding the missing person should be entered into the California Law Enforcement Telecommunication System (CLETS).
e. Information regarding the missing person should be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC).
f. The following resources should be considered as circumstances dictate:

1. The local FBI office
Exhibit 1

2. National Center for Missing and Exploited Children (NCMEC)

318.5: BLUE ALERTS
Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel.

318.5.1: CRITERIA FOR BLUE ALERTS
All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5):
a. A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. b. The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. c. A detailed description of the suspect’s vehicle or license plate is available for broadcast.
d. Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.

318.5.2: PROCEDURE FOR BLUE ALERT
The supervisor in charge should ensure the following:
a. An initial press release is prepared that includes all available information that might aid in locating the suspect:

1. The license number and/or any other available description or photograph of the vehicle

2. Photograph, description and/or identification of the suspect

3. The suspect’s identity, age and description, if known

4. Detail regarding location of incident, direction of travel, potential destinations, if known

5. Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison

6. A telephone number for the public to call with leads or information b. The local California Highway Patrol communications center is contacted to initiate a multi-regional or statewide EAS broadcast.
c. The information in the press release is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies.
d. The following resources should be considered as circumstances dictate:

1. Entry into the California Law Enforcement Telecommunication System (CLETS)
Exhibit 1

2. The FBI local office
318.6: SILVER ALERTS
Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10).

318.6.1: CRITERIA FOR SILVER ALERTS
All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10):
a. The missing person is 65 years of age or older, developmentally disabled or cognitively impaired.
b. The department has utilized all available local resources. c. The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances.
d. The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. e. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

318.6.2: PROCEDURE FOR SILVER ALERT
Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10).

318.7: YELLOW ALERT
A Yellow Alert may be issued when a person is killed due to a hit-and-run incident and the department has specified information concerning the suspect or the suspect's vehicle (Government Code § 8594.15).

318.7.1: CRITERIA FOR YELLOW ALERT
All of the following conditions must be met before activating a Yellow Alert (Government Code § 8594.15):
a. A person has been killed due to a hit-and-run incident. b. There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system. c. The department has additional information concerning the suspect or the suspect's vehicle including but not limited to the following:

1. The complete license plate number of the suspect's vehicle.

Exhibit 1

2. A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect's vehicle, which could reasonably lead to the apprehension of a suspect.

3. The identity of a suspect.

4. Public dissemination of available information could either help avert further harm or accelerate apprehension of a suspect based on any factor, including but not limited to the time elapsed between a hit-and-run incident and the request or the likelihood that an activation would reasonably lead to the apprehension of a suspect.

PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15).

318.8: FEATHER ALERT
A Feather Alert may be issued when an Indigenous person is reported missing. The determination that criteria has been met for the alert shall be made within 24 hours following the initial report being made to the Alameda Police Department (Government Code § 8594.13).

318.8.1: CRITERIA FOR FEATHER ALERT
The Alameda Police Department may request that a Feather Alert be activated if it is determined that the alert would be an effective tool in the investigation of missing and murdered Indigenous persons, including young women or girls. The following factors shall be considered to make that determination (Government Code § 8594.13):
a. The missing person is an Indigenous person.
b. The Alameda Police Department has utilized local and tribal resources. c. The investigating officer has determined the person is missing. d. The investigating officer or supervisor believes that the person is in danger and missing under circumstances that indicate any of the following:

1. The missing person's physical safety may be endangered.

2. The missing person may be subject to trafficking.

3. The missing person suffers from a mental or physical disability, or substance use disorder.
e. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
318.8.2: PROCEDURE FOR INDIGENOUSFEATHER ALERT
Requests for an IndigenousFeather Alert shall be made through the California Highway Patrol (Government Code § 8594.13).

318.9: MUTUAL AID
Exhibit 1

The experiences of other law enforcement jurisdictions that have implemented similar plans indicate a public alert will generate a high volume of telephone calls to the handling agency.

The Sheriff's Department emergency communications facilities and staff can be made available in the event of a high call volume.

If the Watch Commander or Investigations Division Supervisor elects to use the services of the Sheriff's Department, the following will apply:
a. Notify the Sheriff's Department Watch Commander of the incident and the request for assistance. The Watch Commander will provide a telephone number for the public to call.
b. In the press release, direct the public to the telephone number provided by the Sheriff's Department Watch Commander.
c. The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff's Department will be referred back to this department.

The Alameda Police Department shall assign a minimum of two detectives/officers to respond to the Sheriff's Department emergency communications facility to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the emergency communications facility.

318.10: ADDITIONAL ALERTS FOR PUBLIC SAFETY EMERGENCIES Additional public safety emergency alerts may be authorized that utilize wireless emergency alert system (WEA) and emergency alert system (EAS) equipment for alerting and warning the public to protect lives and save property (Government Code § 8593.7).

318.10.1: PROCEDURE
Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7).

318.10.2: CRITERIA
Public safety emergency alerts may be issued to alert or warn the public about events including but not limited to:
a. Evacuation orders (including evacuation routes, shelter information, key information).
b. Shelter-in-place guidance due to severe weather.
c. Terrorist threats.
d. HazMat incidents.

Exhibit 1

318.11: YELLOW ALERTS
Yellow Alerts are notifications related to hit-and-run incidents resulting in the death or injury (Vehicle Code § 20001; Government Code § 8594.15).

318.11.1: CRITERIA FOR YELLOW ALERTS
All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15):
a. A person has been killed or has suffered serious bodily injury due to a hit-and-run. b. It is likely the suspect may be seen on a state highway. c. There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following:

1. The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number)

2. Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle)

3. The identity of the suspect
d. Public assistance can mitigate danger to the public or quicken the apprehension of the suspect.
318.11.2: PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15).

318.12: ENDANGERED MISSING ADVISORY
An Endangered Missing Advisory may be requested when a person is reported missing who is developmentally disabled, or cognitively impaired, or has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk (Government Code § 8594.11).

318.12.1: CRITERIA FOR ENDANGERED MISSING ADVISORY
All of the following conditions must be met before activating an Endangered Missing Advisory (Government Code § 8594.11):
a. The missing person is developmentally disabled, cognitively impaired, has been abducted or is otherwise unable to care for themselves, placing their physical safety at risk.
b. The Alameda Police Department has utilized all available local resources. c. The investigating officer has determined the person has gone missing under unexplained or suspicious circumstances.
d. The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that Exhibit 1

the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. e. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
318.12.2: PROCEDURE FOR ENDANGERED MISSING ADVISORIES
Requests for an endangered missing advisory shall be made through the California Highway Patrol (Government Code § 8594.11).

318.13: EBONY ALERT
An Ebony Alert may be requested when it is determined the alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl (Government Code § 8594.14).

318.13.1: CRITERIA FOR EBONY ALERT
The investigating officer may consider the following factors to make the determination that an Ebony Alert would be an effective tool (Government Code § 8594.14):
a. The missing person is between the ages of 12 and 25 years old, inclusive. b. The missing person is missing under circumstances that indicate their physical safety is endangered or they have been subject to trafficking. c. The missing person suffers from a mental or physical disability. d. Determination that the person has gone missing under unexplained or suspicious circumstances.
e. Belief that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
f. The Alameda Police Department has utilized all available local resources. g. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
318.13.2: PROCEDURE FOR EBONY ALERT
Requests for an Ebony Alert shall be made through the California Highway Patrol (Government Code § 8594.14).

318.14: LANGUAGE REQUIREMENTS FOR PUBLIC EMERGENCIES
In the event of an emergency, as defined in Government Code § 7299.7, the Alameda Police Department shall provide information to the public relating to the emergency in all languages jointly spoken by the local population as provided in Government Code § 7299.7.

318.15: EMERGENCY MESSAGES
Exhibit 1

Citizens, businesses, emergency providers, hospital personnel, and other law enforcement agencies may request an emergency message be delivered regarding an emergency situation.

Emergency messages require supervisor approval and may include, but are not limited to:
a. Serious illness of a family member
b. Injury as a result of an accident or crime
c. Death notification (when ACSO is unavailable)
d. Hospital staff neeing to speak to a family member
e. Law enforcement agency needing to speak to a family member f. Other requests, as approved.

All emergency message requests will be entered as a call for service in CAD and dispatched to the appropriate sector officer. The CAD incident will include:
a. As much information from the requesting party as necessary to answer questions that may be asked by the person being notified.
b. The name and telephone number of the person that the party being notified should contact for additional information.
318.16: YELLOW ALERTS
Yellow Alerts are notifications related to hit-and-run incidents resulting in the death or injury (Vehicle Code § 20001; Government Code § 8594.15).

318.16.1: CRITERIA FOR YELLOW ALERTS
All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15):
a. A person has been killed or has suffered serious bodily injury due to a hit-and-run. b. It is likely the suspect may be seen on a state highway. c. There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following:

1. The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number)

2. Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle)

3. The identity of the suspect
d. Public assistance can mitigate danger to the public or quicken the apprehension of the suspect.
318.16.2: PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15).

Exhibit 1

318.17: MUTUAL AID
The experiences of other law enforcement jurisdictions that have implemented similar plans indicate a public alert will generate a high volume of telephone calls to the handling agency.

The Sheriff's Department emergency communications facilities and staff can be made available in the event of a high call volume.

If the Watch Commander or Investigations Division Supervisor elects to use the services of the Sheriff's Department, the following will apply:
a. Notify the Sheriff's Department Watch Commander of the incident and the request for assistance. The Watch Commander will provide a telephone number for the public to call.
b. In the press release, direct the public to the telephone number provided by the Sheriff's Department Watch Commander.
c. The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff's Department will be referred back to this department.

The Alameda Police Department shall assign a minimum of two detectives/officers to respond to the Sheriff's Department emergency communications facility to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the emergency communications facility.

Exhibit 1

321: Standards of Conduct

321.1: PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the Alameda Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member's supervisors.

The purpose of this directive is to establish a fair and transparent disciplinary system that upholds the integrity of the Alameda Police Department, ensures consistent enforcement of rules, and promotes high standards of employee conduct. This system seeks to correct inappropriate behavior constructively while maintaining employee morale, motivation, and respect for due process.

321.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.1.2, 26.1.4

321.2: POLICY
The continued employment or appointment of every member of the Alameda Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action.

321.3: GUIDING PRINCIPLES
Fairness and Objectivity: Disciplinary measures shall be based on factual evidence, evaluated objectively, and applied consistently across all levels of the organization.

Due Process: Employees have the right to be informed of allegations, respond to accusations, and appeal disciplinary decisions through a defined grievance procedure.

Training First: Training is encouraged as a proactive and corrective tool to address knowledge or skill deficiencies.

Counseling Before Discipline: Counseling is a key tool in changing negative behavior through respectful dialogue, coaching, and clarity of expectations.

Progressive Discipline: The disciplinary system shall follow a progressive model whenever appropriate, with increasing levels of response based on the severity and/or frequency of the misconduct.

Exhibit 1

Consistency and Proportionality in Discipline: Disciplinary actions will reflect the nature and severity of the employee's conduct. Although a progressive approach is encouraged, disciplinary steps do not require a strict sequence when serious misconduct occurs.

Positive Reinforcement: The disciplinary system is designed not only to correct misconduct but also to reinforce positive behavior and strengthen employee commitment to agency values.

Respect for Due Process: Employees are entitled to notice of alleged misconduct, an opportunity to respond, and access to an appeals process in accordance with agency procedures.

The agency adopts a progressive approach to employee development, which may include:
a. Coaching and Mentorship: Informal guidance provided by supervisors or mentors to reinforce positive behavior and redirect performance challenges. b. Targeted Training and Development: Assignment to job-specific training programs, workshops, continuing education, or other learning resources to build skills and address deficiencies.
c. Performance Improvement Plan (PIP): A structured plan with clearly defined objectives, timelines, and training resources aimed at helping the employee meet established expectations.

Employee Training and Development
• Supervisors shall routinely identify and recommend training programs to assist employees in meeting job requirements and professional standards. • Employees are encouraged to take initiative in pursuing relevant training opportunities and to actively participate in development plans. • The agency shall provide access to internal or external training programs as part of its commitment to workforce development.

Roles and Responsibilities
• Supervisors/Managers shall identify performance issues early, encourage training as a first response, and ensure documentation of all efforts. • Human Resources shall support employee development, coordinate training opportunities, and ensure consistency and fairness in all actions. • Employees are responsible for engaging in training, cooperating with improvement efforts, and contributing to a positive workplace culture. 321.4: GENERAL STANDARDS
Exhibit 1

Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.

Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.

Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct.

321.5: DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification.

321.5.1: UNLAWFUL OR CONFLICTING ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order.

No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal.

Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued.

The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason.

321.5.2: SUPERVISOR RESPONSIBILITIES
Exhibit 1

Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for:
a. Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control.
b. Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy.
c. Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. d. The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose.
321.6: CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service.

321.6.1: LAWS, RULES AND ORDERS
a. Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals.
b. Disobedience of any legal directive or order issued by any department member of a higher rank.
c. Violation of federal, state, local or administrative laws, rules or regulations. 321.6.2: ETHICS
a. Using or disclosing one’s status as a member of the Alameda Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for nondepartment business or activity.
b. The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. c. The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted).
d. Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state.
e. Offer or acceptance of a bribe or gratuity.
f. Misappropriation or misuse of public funds, property, personnel or services. g. Any other failure to abide by the standards of ethical conduct.

Exhibit 1

321.6.3: INTOXICANTS
a. Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal.
b. Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on- duty performance.
c. Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. 321.6.4: SAFETY
a. Failure to observe or violating department safety standards or safe working practices.
b. Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid).
c. Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties.
d. Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty.
e. Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. f. Unsafe or improper driving habits or actions in the course of employment or appointment.
g. Any personal action contributing to a preventable traffic collision. h. Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.
321.6.5: CONDUCT
a. Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy.
b. Unreasonable and unwarranted force to a person encountered or a person under arrest.
c. Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct.
d. Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another.
e. Engaging in horseplay that reasonably could result in injury or property damage.

Exhibit 1

f. Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City.
g. Use of obscene, indecent, profane or derogatory language while onduty or in uniform.
h. Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. i. Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. j. Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person.
k. Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. l. Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action.
m. Any other on or offduty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members.
321.6.6: PERFORMANCE
a. Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any workrelated investigation. b. The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document.
c. Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department related business.
d. Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members.
e. Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members.

Exhibit 1

f. Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:

1. While on department premises.

2. At any work site, while onduty or while in uniform, or while using any department equipment or system.

3. Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition.
g. Improper political activity including:

1. Unauthorized attendance while onduty at official legislative or political sessions.

2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while onduty or,
on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police.
h. Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. i. Any act on or offduty that brings discredit to this department. 321.6.7: EFFICIENCY
a. Neglect of duty.
b. Unsatisfactory work performance including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
c. Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
d. Unauthorized sleeping during on-duty time or assignments. e. Failure to notify the Alameda Police Department within 24 hours of any change in residence address or contact numbers.
f. Failure to notify the Department of Human Resources of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion.
321.6.8: UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
a. Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member’s position with this department.
a. Members of this department shall not disclose the name, address, or image of any victim of human trafficking except as authorized by law (Penal Code § 293).
b. Disclosing to any unauthorized person any active investigation information.

Exhibit 1

c. The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee.
d. Loaning, selling, allowing unauthorized use, giving away, or appropriating any department property for personal use, personal gain, or any other improper or unauthorized use or purpose.
e. Using department resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and nonsubpoenaed records.
321.6.9: ATTENDANCE
a. Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval.
b. Unexcused or unauthorized absence or tardiness.
c. Excessive absenteeism or abuse of leave privileges.
d. Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse.
321.6.10: RELATIONSHIPS
a. Unwelcome solicitation of a personal or sexual relationship while onduty or through the use of one’s official capacity.
b. Engaging in on-duty sexual activity, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. c. Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. d. Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department.
e. Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department. f. Participation in a law enforcement gang as defined by Penal Code § 13670.

Participation is grounds for termination (Penal Code § 13670). 321.6.11: DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, Exhibit 1

age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful.

321.7: FINDINGS
One of the findings listed below will be included in the report of investigation of an alleged act of misconduct.

Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel.

Exonerated: Acts did occur but were justified, lawful and proper.

Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint.

Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint.

Not Involved: Investigation established that the individual indicated in the allegation was not involved in the alleged incident.

321.8: PENALTIES
Subject to the provisions of the Charter of the City of Alameda, the rules of the Civil Service Board, and when necessary, the approval of the City Manager, the following penalties may be assessed against any member or employee of the Department as disciplinary action:
• Counseling & Training
• Training
• Oral reprimand
• Written reprimand
• Suspension
• Fine
• Demotion
• Dismissal
The following factors shall be considered when determining disciplinary action:
a. Severity of the offense,
b. Frequency and pattern of prior behavior,
c. Employee's length of service and performance history, d. Impact on agency operations, safety, or reputation,
Exhibit 1

e. Intent and circumstances surrounding the misconduct, and f. Mitigating or aggravating factors.

321.8.1: COUNSELING & TRAINING
In some cases, counseling and training may be an appropriate level of discipline or included with other levels of discipline. In determining whether counseling and training is appropriate, the employee's Division Commander should consider the seriousness of the violation and whether counseling and training will assist in correcting deficiencies in employee performance. This can be accomplished by:
a. Documenting the need for training to correct deficiencies in employee performance. b. Provide the employee with appropriate training to correct deficiencies in employee performance and determine that the employee has acknowledged and benefited from the training to where it has assisted in correcting his/her performance. c. Document that the training has been provided to the employee. 321.8.2: WRITTEN REPRIMANDS
Written reprimands shall be administered by management level employees. They may include:
a. A summary of the circumstances.
b. A narrative identifying the policy violations.
c. Admonishment that future violations may result in progressive discipline.

Any employee wishing to formally appeal a written reprimand or punitive transfer must submit a written request to the Chief of Police within thirty (30) days of receipt of the written reprimand or the notice of punitive transfer (Government Code § 3306).

Absent a written stipulation to the contrary, the employee will be provided with an administrative hearing before the Chief of Police, or their designee, within ten (10) days.

The decision to sustain, modify or dismiss the written reprimand or punitive transfer shall be final and binding.

321.8.3: SUSPENSIONS
The Chief of Police, or their designee, can recommend disciplinary suspensions for employees. The procedures for a disciplinary suspension are as follows:
a. A disciplinary suspension will be scheduled as soon as practical and the date(s) of the suspension shall be scheduled according to Department staffing needs and/or limitations.
b. The date(s) shall be decided by the Chief of Police or their designee.

Exhibit 1

c. At no time will the disciplined employee be allowed to work overtime during any pay period that includes suspension from duty.
321.9: APPEALS
Appeals from penalties imposed as disciplinary action measures may be taken as provided in the Charter of the City of Alameda, Rules and Regulations of the Civil Service Board, Section 3300 of the Government Code, and/or applicable Memoranda of Understanding

321.10: EMERGENCY SUSPENSION
The following personnel have the authority to impose an emergency suspension, until the next business day, against any member or employee when it appears that such action is in the best interest of the Department:
• Any Command Officer
• Any Police Sergeant
Follow-up Action on Emergency Suspension - A member or employee receiving an emergency suspension shall be required to report to the Chief of Police on the next business day at 0900 unless otherwise directed by a Commanding Officer. The command or supervisory officer imposing or recommending the suspension shall notify the Bureau Commander and complete a written report for the Chief of Police. The written report shall be completed prior to the employee meeting, and the command or supervisory officer shall report to the Chief of Police.

Exhibit 1

323: Report Preparation

323.1: PURPOSE AND SCOPE
Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer’s memory and to provide sufficient information for follow-up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training.

323.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 82.2.1, 82.2.2

323.1.2: REPORT PREPARATION
Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held.

Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers are subject to all requirements of this policy.

All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken.

Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such.

323.2: REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor.

323.2.1: CRIMINAL ACTIVITY
When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes:
a. All arrests
Exhibit 1

b. All felony crimes
c. Non-Felony incidents involving threats or stalking behavior d. Situations covered by separate policy. These include:

1. Use of Force Policy

2. Domestic Violence Policy

3. Child Abuse Policy

4. Senior and Disability Victimization Policy

5. Hate Crimes Policy

6. Suspicious Activity Reporting Policy
e. All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (e.g., dispatch log).

323.2.2: NON-CRIMINAL ACTIVITY
The following incidents shall be documented using the appropriate approved report:
a. Anytime an officer points a firearm at any person
b. Any use of force against any person by a member of this department (see the Use of Force Policy)
c. Any firearm discharge (see the Firearms Policy)
d. Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy)
e. Any found property or found evidence
f. Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy)
g. Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy
h. All protective custody detentions
i. Suspicious incidents that may place the public or others at risk j. Whenever the employee believes the circumstances should be documented or at the direction of a supervisor

323.2.3: DEATH CASES
Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling officer should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following cases shall be appropriately investigated and documented using the approved report:
a. Sudden or accidental deaths.
b. Suicides.
c. Homicide or suspected homicide.

Exhibit 1

d. Unattended deaths (No physician or qualified hospice care in the 20 days preceding death).
e. Found dead bodies or body parts.

323.2.4: INJURY OR DAMAGE BY [CityCounty] PERSONNEL
Miscellaneous Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally, reports shall be taken involving damage to City property or City equipment.

323.2.5: MISCELLANEOUS INJURIES
Any injury that is reported to this department shall require a report when:
a. The injury is a result of drug overdose
b. Attempted suicide
c. The injury is major/serious, whereas death could result d. The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 323.2.6: MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Division shall notify the California Department of Public Health (CDPH) of the incident as required by CDPH (Penal Code § 23685).

323.2.7: ALTERNATE REPORTING FOR VICTIMS
Reports that may be submitted by the public via online or other self-completed reporting processes include:
a. Lost property.
b. Misdemeanor thefts of property, other than firearms or materials that threaten public safety, when there is no suspect information, serial number or ability to trace the item.

1. Misdemeanor thefts of cellular telephones may be reported even though they have a serial number.
c. Misdemeanor vandalism with no suspect information and no hate crime implications.
d. Vehicle burglaries with no suspect information or evidence. e. Stolen vehicle attempts with no suspect information or evidence. f. Annoying telephone calls with no suspect information. g. Identity theft without an identifiable suspect.

Exhibit 1

h. Online or email fraud solicitations without an identifiable suspect and if the financial loss classifies the crime as a misdemeanor.
i. Hit-and-run vehicle collisions with no suspect or suspect vehicle. j. Supplemental property lists.

Members at the scene of one of the above incidents should not refer the reporting party to an alternate means of reporting without authorization from a supervisor. Members may refer victims to online victim assistance programs (e.g., Federal Communications Commission (FCC) website for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes).

323.2.8: ADDITIONAL REPORTING REQUIREMENTS
Agency personnel shall prepare a record or report anytime a member is dispatched to or otherwise assigned to an incident. Documenting an incident in the current Records Management System (RMS) is always acceptable; however, some incidents may be recorded as follows:
a. Computer Aided Dispatch (CAD) Event Number Reports:

1. A CAD Event Number is assigned to all calls-for-service.

2. Information is retrievable in CAD with the Event Number, address and/or date.

3. CAD Event Number Reports are limited to non-criminal calls requiring no further action.

4. CAD Event Number Reports shall include the incident location, nature of the incident, names of the involved persons, the final disposition, and may include additional notes entered by the responding Agency members.

5. When only documenting incidents with a CAD Event Number Report, serious consideration should be given to the nature of the incident, as well as what is being requested by the community member. CAD Event Number Reports are not a replacement for RMS Reports when an RMS Report is applicable. b. Citations/Summonses:

1. May be issued to document offenses such as traffic infractions and citable misdemeanor warrants with positive identification.

2. Citations/summonses issued for offenses other than infractions also require an associated RMS Report. The citation number will be referenced in the report and a copy of the citation/summons will be attached to the report. The report number will be referenced on the citation/summons. 323.3: GENERAL POLICY OF EXPEDITIOUS REPORTING
In general, all officers and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances.

Exhibit 1

323.3.1: GENERAL USE OF OTHER HANDWRITTEN FORMS
County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent.

323.3.2: TELEPHONE REPORTS
a. PURPOSE AND SCOPE - It is the policy of the department that authorized personnel may obtain information by telephone for the purpose of completing a written report. This method of obtaining information is only acceptable when the incident being reported meets the below criteria:

1. Crimes in progress or having just occurred require a police response.

2. Phone reports will only be taken if the incident being reported is "cold" in nature and rapid response by a police unit would not aid in the apprehension of the suspect or in securing evidence at the scene.

3. Incidents with suspects or additional follow-up investigation will not be taken by telephone.
b. PROCEDURE - The following circumstances require dispatching of a field unit, even if the incident would otherwise qualify as a phone report:

1. When a crime is in progress or has just occurred, and police presence may result in the apprehension of the suspect.

2. When police presence is likely to prevent property damage or personal injury.

3. When there is need to process or collect physical evidence.

4. When the incident requires on-the-scene preliminary investigation, i.e., for serious injury, loss items of significant value or sensitivity, and when there are investigative leads requiring immediate attention.

5. When the citizen insists on the presence of an officer. c. QUALIFYING REPORTS - If the police purpose would be better served by sending an officer to the scene to investigate, one will be sent. This decision will be made by the Patrol Sergeant. The following types of incidents may qualify as phone reports, if an authorized person is available to handle:

1. Misdemeanor crimes against property.

2. Simple assaults with no or minor injuries and the suspect is not known.

3. Runaway reports with the runaway being over 15 years old and with a prior runaway report on file.

4. Harassing or annoying telephone calls, unless an officer is needed for the complainant's immediate protection.

5. Lost property.

6. Supplemental reports to existing reports on file.

7. Miscellaneous reports.
d. If in the course of the report taking an investigative lead is developed, the report taker will advise the Patrol Sergeant and the follow-up investigation will be assigned to a patrol officer to handle.

Exhibit 1

e. If after a report has been taken by telephone and an investigative lead is developed, the report will be assigned to a patrol officer for follow-up investigation until the investigation is suspended, cleared, or unfounded.
323.4: REPORT CORRECTIONS
Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should complete the Report Correction form stating the reasons for rejection. The original report and the correction form should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner.

323.5: REPORT CHANGES OR ALTERATIONS
Reports that have been approved by a supervisor and submitted to the Records Division for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Division may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor.

Exhibit 1

329: Major Incident Notification

329.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made.

329.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 11.3.3, 41.2.4

329.2: POLICY
The Alameda Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed.

329.3: MINIMUM CRITERIA FOR NOTIFICATION
Most situations where the media show a strong interest are also of interest to the Chief of Police and the affected Bureau Commander. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive:
• Homicides
• Traffic fatalities
• Unusual deaths
• Rapes
• Armed robberies
• Felony assaults with serious injury
• Vandalism to a place of worship as described per Penal Code 594.3(a) • Kidnappings
• Hate Incident or Hate Crime
• Major drug cases
• Officer-involved shooting - on or off duty (See Policy Manual § 310.53 for special notifications)
• Significant injury or death to employee - on or off duty • Death of a prominent Alameda official
• Arrest of Department employee or prominent Alameda official • Aircraft crash with major damage and/or injury or death • Bombings or explosive devices
• In-custody deaths
• Arrest of a City employee
• Use of the Emergency Response Vehicle
• Traffic collisions involving bicyclists or pedestrians • Other significant events as deemed appropriate by the Watch Commander Exhibit 1

329.4: WATCH COMMANDER RESPONSIBILITY
The Watch Commander is responsible for making the appropriate notifications. The Watch Commander shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Watch Commander shall attempt to make the notifications as soon as practicable. Notification should be made by calling the cellular telephone number first and then by any other available contact numbers, including their home telephone.

329.4.1: STAFF NOTIFICATION
In the event an incident occurs described in the Major Incident Notification Policy, the Chief of Police shall be notified along with the affected Bureau Commander and the Detective Lieutenant if that bureau is affected.

329.4.2: DETECTIVE NOTIFICATION
If the incident requires that a detective respond from home, the immediate supervisor of the appropriate detail shall be contacted who will then contact the appropriate detective.

329.4.3: TRAFFIC BUREAU NOTIFICATION
In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified who will then contact the appropriate accident investigator. The Traffic Sergeant will notify the Traffic Lieutenant.

329.4.4: PRESS INFORMATION OFFICER (PIO)
The Press Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident.

329.5: SIGNIFICANT POLICE INCIDENT REPORTING TO CITY MANAGER AND

CITY COUNCIL
The purpose of this order is to establish a procedure for disseminating information on significant police incidents to the City Manager, and City Council.

It is the policy of this Department as part of its command/control responsibility to ensure that police Executive Command Officers, the City Manager, and City Council are notified of significant police incidents in a timely fashion.

The On-Duty Watch Commander shall assume responsibility for preparing and forwarding the information at all other times.

During non-business hours, the Bureau of Field Services Commander or other Bureau Commander should be notified of the significant police incident if, in the Exhibit 1

judgment of the Watch Commander, the incident is of sufficient gravity that notification is necessary before the regular business day.

During non-business hours, the Chief of Police should be notified of the significant police incident if, in the judgment of the Bureau of Field Services Commander or other Bureau Commander, the incident is of sufficient gravity that notification is necessary before the regular business day.

When notifying the City Manager or City Council of a significant police incident, the below procedure shall be followed:

Obtain the necessary information for completion of the Significant Police Incident form.

Complete the form and e-mail it to the City Manager, each City Council Member, City Department Heads, the Chief of Police, both Captains and all Lieutenants via the SIGINFO address in the City of Alameda e-mail system.

Exhibit 1

341: Volunteer Program

341.1: POLICY
The Alameda Police Department shall ensure that volunteers are properly appointed, trained, and supervised to carry out specified tasks and duties in order to create an efficient department and improve services to the community.

341.2: PURPOSE AND SCOPE
It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Alameda Police Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers can be an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase department responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Alameda Police Department and prompt new enthusiasm.

341.2.1: DEFINITION OF VOLUNTEER
An individual who performs a service for the Alameda Police Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others.

341.3: VOLUNTEER MANAGEMENT

341.3.1: VOLUNTEER COORDINATOR
The Volunteer Coordinator shall be appointed by the AdministrationBureau Commander.

The function of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer management within the Alameda Police Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Volunteer Coordinator should work with other Alameda Police Department staff on an ongoing basis to assist in the development and implementation of volunteer-staffed positions.

The Volunteer Coordinator, or his/her designee, shall be responsible for the following:
a. Recruiting, selecting and training qualified volunteers for various positions. b. Facilitating the implementation of new volunteer activities and assignments. c. Maintaining records for each volunteer.
d. Tracking and evaluating the contribution of volunteers. e. Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers.
f. Maintaining a record of volunteer schedules and work hours.

Exhibit 1

g. Completion and dissemination as appropriate of all necessary paperwork and information.
h. Planning periodic recognition events.
i. Administering discipline when warranted.
j. Maintaining liaison with other volunteer-utilizing programs in the community and assisting in community-wide efforts to recognize and promote volunteering.

341.3.2: RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist the Alameda Police Department in serving the public.

Requests for volunteers should be submitted in writing by interested staff to the Volunteer Coordinator through the requester’s immediate supervisor. A complete position description and a requested time-frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources.

341.3.3: SCREENING
All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration.

A documented background investigation shall be completed on each volunteer applicant and shall include but not limited to the following:
a. Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed trough the California Criminal Information Index.Local, state, and national criminal history background check. Fingerprints shall be obtained from all applicants and submitted to the California Department of Justice (Penal Code § 11105.05; Penal Code § 11105.002).
b. Traffic history check
c. Employment
d. References
e. Credit check
A polygraph exam may be required of each applicant depending on the type of assignment.

341.3.4: SELECTION AND PLACEMENT
Exhibit 1

Service as a volunteer with the Alameda Police Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Alameda Police DepartmentDepartment, who will normally be the Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Alameda Police Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement.

Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Alameda Police Department.

341.3.5: TRAINING
Volunteers will be provided with an orientation program to acquaint them with the Alameda Police Department, personnel, policies and procedures that have a direct impact on their work assignment.

Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator.

Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Alameda Police Department. They shall always represent themselves as volunteers.

All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Alameda Police Department.

341.3.6: FITNESS FOR DUTY
No volunteer shall report to work or be on-duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury.

Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following:
a. Driver license
b. Medical condition
c. Arrests
d. Criminal investigations
Exhibit 1

All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use.

341.3.7: DRESS CODE
As representatives of the Alameda Police Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties.

Volunteers shall conform to department-approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty.

Volunteers shall be required to return any issued uniform or department property at the termination of service.

341.4: SUPERVISION OF VOLUNTEERS
Each volunteer who is accepted to a position with the Alameda Police Department must have a clearly identified supervisor who is responsible for direct management of that volunteer.

This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance.

A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member.

Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers:
a. Take the time to introduce volunteers to employees on all levels. b. Ensure volunteers have work space and necessary office supplies. c. Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources.

341.5: CONFIDENTIALITY
With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or department policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released.

Exhibit 1

Confidential information shall be given only to persons who have a need and a right to know as determined by department policy and supervisory personnel.

Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Alameda Police Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution.

Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Alameda Police Department, or maintain that they represent the Alameda Police Department in such matters without permission from the proper department personnel.

341.6: PROPERTY AND EQUIPMENT
Volunteers will be issued an identification card that must be worn at all times while on- duty. Any fixed and portable equipment issued by the Alameda Police Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Alameda Police Department and shall be returned at the termination of service.

341.6.1: VEHICLE USE
Volunteers assigned to duties such as vacation house checks or other assignments that require the use of a vehicle must first complete the following:
a. A driving safety briefing and department approved driver safety course. b. Verification that the volunteer possesses a valid California Driver License. c. Verification that the volunteer carries current vehicle insurance.

The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and license and insurance verification at least once a year.

When operating a Alameda Police Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Smoking is prohibited in all Alameda Police Department vehicles.

Volunteers should not operate a marked patrol car unless there is a prominently placed sign indicating that it is out of service and are not authorized to operate a Alameda Police Department vehicle Code-3.

341.6.2: RADIO AND [MDT] USAGE
Volunteers shall successfully complete CLETS and radio procedures training prior to using the police radio or MDT and comply with all related provisions. The Volunteer Coordinator Exhibit 1

should ensure that radio and CLETS training is provided for volunteers whenever necessary.

341.7: DISCIPLINARY PROCEDURES/TERMINATION
A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or the Volunteer Coordinator. Volunteers shall have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall be limited to a single appearance before the Chief of Police or authorized designee.

Volunteers may resign from volunteer service with the Alameda Police Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision.

341.7.1: EXIT INTERVIEWS
Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer’s suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Alameda Police Department.

341.8: EVALUATION
An evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the best use of human resources available, to ensure personnel problems can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers.

Exhibit 1

343: Conducted Energy Device

343.1: PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device (CED).

343.1.1: ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 4.1.4, 4.1.5, 4.2.1, 4.3.2, 4.3.3, 4.3.4

343.2: POLICY
The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects.

343.3: ISSUANCE AND CARRYING CEDS
Only members who have successfully completed department-approved training may be issued and may carry the CED.

The Bureau of Support Services should keep a log of issued CED devices and the serial numbers of cartridges/magazines issued to members.

CEDs are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the department inventory.

Officers shall only use the CED and cartridges/magazines that have been issued by the Alameda Police Department. Cartridges/magazines should not be used after the manufacturer's expiration date.

Uniformed officers who have been issued the CED shall wear the device in an approved holster.

Officers who carry the CED while in uniform shall carry it in a holster on the side opposite the duty weapon (Penal Code § 13660).
a. All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device.
b. For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CED.
c. Officers should not hold a firearm and the CED at the same time.

Non-uniformed officers shall secure a CED on their person and under their control at all times. Any deviation from this shall be approved at a captain's level.

Exhibit 1

343.3.1: USER RESPONSIBILITIES
Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer's shift.

CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged shall be returned to the Bureau of Support Services for disposition. Officers shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known. r cartridge/magazine was damaged or became inoperative, if known.

343.4: VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to:
a. Provide the individual with a reasonable opportunity to voluntarily comply. b. Provide other officers and individuals with a warning that the CED may be deployed.

If, after a verbal warning, an individual fails to voluntarily comply with an officer's lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CED. The laser should not be intentionally directed into anyone's eyes.

The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the CED in the related report.

343.5: USE OF THE CED
The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options.

If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety.

343.5.1: APPLICATION OF THE CED
Exhibit 1

The CED may be used, when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who:
a. Is violent or is physically resisting.
b. Has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, themself, or others.

Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause for the use of the CED to apprehend an individual.

The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual.

343.5.2: SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the CED on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the potential risk of using the device. This includes:
a. Individuals who are known to be pregnant.
b. Elderly individuals or obvious juveniles.
c. Individuals with obviously low body mass.
d. Individuals who are handcuffed or otherwise restrained. e. Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray.
f. Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles).

Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.

343.5.3: TARGETING CONSIDERATIONS
Recognizing that the dynamics of a situation and movement of the subject may affect target placement of probes, when practicable, officers should attempt to target the back, lower center mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, area of the heart, or genitals. If circumstances result in one or more probes inadvertently Exhibit 1

striking an area outside of the preferred target zones, the individual should be closely monitored until examined by paramedics or other medical personnel.

343.5.4: MULTIPLE APPLICATIONS OF THE CED
Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to:
a. Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. b. Whether the probes are making proper contact.
c. Whether the individual has the ability and has been given a reasonable opportunity to comply.
d. Whether verbal commands or other options or tactics may be more effective.

343.5.5: ACTIONS FOLLOWING DEPLOYMENTS
Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED.

As soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin.

343.5.6: DANGEROUS ANIMALS
The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety.

343.5.7: OFF-DUTY CONSIDERATIONS
Officers are not authorized to carry department CEDs while off-duty.

Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others.

343.6: DOCUMENTATION
Officers shall document all CED discharges in the related arrest/crime report. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be Exhibit 1

documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a department-approved process to preserve the data.

343.6.1: Risk Management Reports
As applicable based on the device type, items that shall be included in the Risk Management Report are::
a. The brand, model, and serial number of the CED and any cartridge/magazine. b. Date, time, and location of the incident.
c. Whether any warning, display, laser, or arc deterred a subject and gained compliance.
d. The number of probes deployed, CED activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
e. The range at which the CED was used.
f. The type of mode used (e.g., probe deployment, drive-stun). g. Location of any probe impact.
h. Location of contact in drive-stun mode.
i. Description of where missed probes went.
j. Whether medical care was provided to the subject.
k. Whether the subject sustained any injuries.
l. Whether any officers sustained any injuries.

The Training Sergeant should periodically analyze the Risk Management Reports to identify trends, including deterrence and effectiveness. The Training Sergeant should also conduct audits of CED device data downloaded to an approved location and reconcile Risk Management Reports with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public.

343.6.2: REPORTS
The officer should include the following in the arrest/crime report:
a. Identification of all personnel firing CEDs
b. Identification of all witnesses
c. Medical care provided to the subject
d. Observations of the subject's physical and physiological actions e. Any known or suspected drug use, intoxication, or other medical problems 343.7: MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling Exhibit 1

should remove CED probes from a person's body. Used CED probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately.

Universal precautions should be taken.

All persons who have been struck by CED probes or who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel:
a. The person is suspected of being under the influence of controlled substances and/or alcohol.
b. The person may be pregnant.
c. The person reasonably appears to be in need of medical attention. d. The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck).
e. The person requests medical treatment.

Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio/video recording is made of the contact or an interview with the individual, any refusal should be included, if possible.

The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CED (see the Medical Aid and Response Policy).

343.8: SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated.

A supervisor should review each incident where a person has been exposed to a CED. The device's internal logs should be downloaded by a supervisor and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed.

343.9: TRAINING
Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the CED as a part of their assignment for a period of six months or more shall be Exhibit 1

recertified by a department-approved CED instructor prior to again carrying or using the device.

Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Defensive Tactics Coordinator or Training Division. All training and proficiency for CEDs will be documented in the officer's training file. Training files will be retained in the department's database.

Command staff, supervisors and investigators should receive CED training as appropriate for the investigations they conduct and review.

Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device.

The Training Sergeant is responsible for ensuring that all members who carry CEDs have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of CEDs during training could result in injury to personnel and should not be mandatory for certification.

The Training Sergeant should ensure that all training includes:
a. A review of this policy.
b. A review of the Use of Force Policy.
c. Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm.
d. Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin. e. Handcuffing a subject during the application of the CED and transitioning to other force options.
f. De-escalation techniques.
g. Restraint techniques that do not impair respiration following the application of the CED.

Exhibit 1

401: Bias-Based Policing

401.1: PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Alameda Police Department's commitment to policing that is fair and objective.

Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships).

401.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.9

401.1.2: DEFINITIONS
Definitions related to this policy include:

Bias-based policing or improper profiling - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4). This includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups).

This includes biased conduct, including but not limited to conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of criminal justice agencies, that is motivated by bias toward any person's protected class or characteristic, whether actual or perceived as identified in Penal Code § 13510.6(a)(1). Biased conduct may result from implicit and explicit biases. Conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts, that a peace officer's conduct resulted from bias towards that person's membership in a protected class. A peace officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct (Penal Code § 13510.6).

401.2: POLICY
The Alameda Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group.

401.3: BIAS-BASED POLICING PROHIBITED
Exhibit 1

Bias-based policing is strictly prohibited.

However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.

401.3.1: CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).

Members shall not assist federal government authorities (Government Code § 8310.3):
a. In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
b. By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity. 401.4: MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.

401.4.1: REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.

To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting.

401.4.2: REPORTING OF STOPS
Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by Government Code § 12525.5 and 11 CCR 999.226 for every person stopped and prepare a stop data report. When Exhibit 1

multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227).

If multiple agencies are involved in a stop and the Alameda Police Department is the primary agency, the Alameda Police Department officer shall collect the data elements and prepare the stop data report (11 CCR 999.227).

The stop data report should be completed by the end of the officer's shift or as soon as practicable (11 CCR 999.227).

401.4.3: DISCLOSURE AND DOCUMENTATION OF TRAFFIC OR PEDESTRIAN STOP
An officer conducting a traffic or pedestrian stop shall state the reason for the stop prior to questioning the individual related to a criminal investigation or traffic violation unless the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat, including but not limited to cases of terrorism or kidnapping (Vehicle Code § 2806.5).

Officers shall document the reason for the stop on any citation or report (Vehicle Code § 2806.5).

REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall report any information required in the Traffic Function and Responsibility Policy.

REPORTING TRAFFIC STOPS
Each time an officer makes a traffic stop, the officer shall report any information required in the Traffic Function and Responsibility Policy.

401.5: SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
a. Supervisors should discuss any issues with the involved officer and their supervisor in a timely manner.

1. Supervisors should document these discussions in the prescribed manner. b. Supervisors should periodically review Mobile Audio/Video (MAV) recordings, body-worn camera (BWC) media, Mobile Data Terminal (MDT) data, and any other available resource used to document contact between officers and the public to ensure compliance with the policy.

1. Supervisors should document these periodic reviews.

Exhibit 1

2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. c. Supervisors shall initiate investigations of any actual or alleged violations of this policy.

1. When investigating any bias-related complaint or law enforcement activity incident that involves possible indications of officer biased conduct or improper profiling, a supervisor shall determine whether the officer engaged in conduct that constitutes biased conduct as defined in 11 CCR 1022 or improper profiling during a law enforcement activity as described in Penal Code § 13519.4(e) (Penal Code § 13510.6).
d. Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
401.6: ADMINISTRATION
The Bureau of Professional Standards should review the efforts of the Alameda Police Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The report should also include a documented review of department activities with potential for bias. This may include traffic and field contacts, asset forfeiture efforts, citizen complaints, and any corrective measures taken. The annual report should not contain any identifying information about any specific complaint, member of the public, or officer. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.

Supervisors should review the annual report and discuss the results with those they are assigned to supervise.

401.7: TRAINING
Training on fair and objective policing and review of this policy shall be conducted annually, and as needed for remedial purposes, and will include:
a. Explicit and implicit biases,
b. Avoiding improper profiling, and
c. Legal aspects.
401.7.1: ADDITIONAL STATE REQUIREMENTS
Training should be conducted as directed by the Professional Standards Unit._ a. All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.

Exhibit 1

b. Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. c. Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved POST refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity, and cultural trends (Penal Code § 13519.4(i)). 401.8: REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Professional Standards Unit Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Records Supervisor for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Division Policy.

Supervisors should ensure that data stop reports are provided to the Records Supervisor for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy).

401.8.1: DEPARTMENT REVIEW
The Bureau of Professional Standards shall prepare a documented annual administrative review of activities with potential for bias to include, but not limited to:
a. Traffic and field contacts,
b. Asset forfeiture efforts,
c. Citizen complaints, and
d. Any corrective measures taken.

Exhibit 1

437: Automated License Plate Readers (ALPR)

437.1: STATEMENT OF INTENDED USE
The use of Automated License Plate Readers (ALPR) technology seeks to improve the safety and protection of the City of Alameda, its residents, visitors, and business owners. The primary intended use of the technology is to collect license plate numbers to assist in the identification, apprehension, and prosecution of criminal offenders. Other uses include locating missing persons, intelligence gathering to prevent crimes or investigate acts of domestic terrorism, deter criminal actions, and/or reduce the perception of crime.

437.2: POLICY
The policy of the Alameda Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use in support of criminal investigations. Such data may contain confidential information not open to the public for review.

437.3: PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage, and use of digital data obtained through the use of ALPR technology.

437.4: DEFINITIONS
(a) Fixed ALPR: A fixed device that uses cameras and computer technology to compare digital images to lists of available information of interest. (b) Mobile ALPR: A mobile device, typically mounted in a patrol vehicle, that uses cameras and computer technology to compare digital images to lists of available information of interest.
(c) ALPR Operator: Trained Department members who may utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts.
(d) ALPR Administrator: The Bureau of Support Services Captain or the Chief's designee serves as the ALPR Administrator for the Department.
(e) Hotlist: A list of license plates associated with vehicles of interest compiled from one or more databases including, but not limited to, NCIC, CA DMV, Local BOLOs. (f) Vehicles of Interest: Including, but not limited to, vehicles that are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/ or wanted persons and Exhibit 1

vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies.
(g) Detection: Data obtained by a ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read.
(h) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity. (i) Public Agency: A public agency (also referred to as "law enforcement agency" in this policy) means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.
(j) Authorized Agency: Another law enforcement agency whose own policy matches the intent of the Alameda Police Department's ALPR policy as determined by the Office of the Chief of Police.

437.5: ADMINISTRATION
The ALPR technology, allows for the automated detection of license plates along with the vehicle make, model, color, and unique identifiers through the Alameda Police Department's ALPR system and the vendor's vehicle identification technology. The Alameda Police Department uses the technology to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates, and missing persons. It may also be used to gather information related to active warrants, criminal investigations, suspect interdiction, and stolen property recovery.

All installation and maintenance of ALPR equipment and ALPR data retention and access shall be managed by the ALPR Administrator. The ALPR Administrator will assign members under their command to administer the day-to-day operation of the ALPR equipment and data.

437.6: ALPR ADMINISTRATOR
The Bureau of Support Services Captain shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Training requirements for authorized users.

Exhibit 1

(b) A description of how the ALPR systems will be monitored to ensure the security of the information and compliance with applicable privacy laws. (c) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(d) The title and name of the current designee in overseeing ALPR operations. (e) Ensuring the appropriate and timely retention and destruction of ALPR data. (f) Ensuring this policy and related procedures are conspicuously posted on the Department's website.

437.7: OPERATIONS
The use of an ALPR is restricted to the purposes outlined below. Department members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official law enforcement business. (b) No member of this Department shall operate ALPR equipment or access ALPR data without first completing Department-approved training.
(c) Absent exigent circumstances, officers shall verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) via Dispatch or MDT before taking any enforcement action. Once an alert is received, the operator must confirm that the observed license plate from the system matches the license plate, state of issue, and description of the observed vehicle. Officers are reminded ALPR provides hits on vehicles and may or may not provide information on occupants. Accordingly, officers must establish reasonable suspicion and/or probable cause to detain vehicle occupants. (d) Access and searches of the database require supervisory approval prior to the search.

Additionally, the search documentationDocumentation of access and searches of the database shall include the name of the person accessing the database, the associated case number/details, and intended purpose of the access by crime code or additional description. The name of the supervisor approving access will be captured and retained through dispatch.
(e) Partial license plates and unique vehicle descriptions reported during criminal investigations should be entered into the ALPR system in an attempt to identify suspect vehicles.
(f) Department members will clear all stops that were generated from an ALPR alerts with a CAD disposition code that clearly documents the stop outcome.

Exhibit 1

(g) General Hot Lists (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system a minimum of once a day, with the most current data overwriting the old data. (h) To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which can be fully audited.

437.8: PROHIBITED USES
The ALPR system and all data collected are the property of the Alameda Police Department.

Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this policy. The following uses of the ALPR system are expressly prohibited:
(a) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this policy to utilize the ALPR to record license plates not exposed to public view.
(b) Harassment or Intimidation: It is a violation of this policy to use the ALPR system to harass, monitor, and/or intimidate any individual or group. (c) Use Based on a Protected Class/Characteristics. It is a violation of this policy to use the ALPR system solely based on a person's or group's perceived race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.
(d) Immigration Enforcement/Investigations: It is a violation of this policy to use the ALPR system for immigration enforcement and/or investigations. (e)Personal Use: It is a violation of this policy to use the ALPR system for any personal purpose.
(f) First Amendment Rights. It is a violation of this policy to use the A LPR system for the purpose or known effect of infringing upon First Amendment rights and/or any Constitutional rights.
(g) The City Manager will be notified of any sustained policy violations within 1 week of the sustained violation. Anyone who engages in an impermissible use of the ALPR system may be subject to:
• Criminal prosecution,
• Civil liability, and/or
Exhibit 1

• Administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.

437.9: DATA COLLECTION AND RETENTION
The ALPR Administrator is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data.

ALPR data stored or retained by the Alameda Police Department or any vendor may be retained up to 60 days.Thereafter, ALPR data shall be purged unless it has become, or is reasonable to believe will become evidence in a criminal, civil, and/or administrative action or is subject to a discovery request or other lawful action to produce records. In those circumstances, the applicable data shall be downloaded from the server into evidence.com. Additionally, no ALPR data will be warehoused or co-mingled with any private company data. Information gathered or collected will not be shared, sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes, and only in compliance with this policy or in response to a lawful action to produce the data.

437.10: ACCOUNTABILITY AND SAFEGUARDS
All data will be closely safeguarded and protected by procedural and technological means.

The Alameda Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time (Civil Code § 1798.90.52). Passwords are required to be changed periodically according to CJIS standards. Employees that leave the City will have all access immediately revoked.
(b) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law and this policy.
(c) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. Absent a court order, the Department may only share access to ALPR data with agencies whose ALPR policies align with this policy's intent and in compliance with Civil Code § 1798.90.5 et seq. (d) ALPR system audits shall be conducted regularly.

437.11: ALPR DATA AUDITS AND ANNUAL REPORTING
It is the responsibility of the ALPR Administrator to ensure that an audit is conducted of ALPR detection browsing inquiries at least once during each calendar year. The Exhibit 1

Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above-authorized uses. The audit shall randomly select at least ten detection browsing inquiries conducted by Department employees during the preceding 12-month period and determine if each inquiry meets the requirements established in this policy.

The audit shall be documented in the form of an internal Department memorandum to the Office of the Chief of Police. The memorandum shall include any data errors or policy violations found so that such errors can be corrected and violations addressed.

Additionally, the memorandum shall include an evaluation of the system's efficacy, including relevant crime statistics and/or data to help the community assess whether use of the technology is beneficial. After the review by the Office of the Chief of Police, the memorandum and any associated documentation shall be filed and retained according to the City of Alameda's retention policies.

Beginning on January 1, 2024, or the next closest regular scheduled City Council meeting, and annually on or about the same date thereafter. The Office of the Chief of Police will prepare an annual report for submission to City Council. The annual report will include, at a minimum:
1) A summary of the audit memorandum including any corrective action taken, not to include any confidential disciplinary information prohibited by law from disclosure. 2) The number of fixed ALPR cameras.
3) The number of mobile ALPR cameras.
4) (ALPRs) The number of scanned license plates.
5) The number of hotlist hits or alerts.
6) The number of search queries and the justification for such queries. 7) The number of investigative leads generated by use of ALPR data. 8) The number of witnesses located by use of ALPR data. 9) The number of stolen vehicles recovered by use of ALPR data. 10) The number of suspects apprehended by use of ALPR data. 11) A list of Authorized Agencies that accessed or received ALPR data. 12) The approved and unapproved ALPR data requests from third parties referenced in the section below.

Exhibit 1