Overall success of newly hired sworn officers during subsequent performance evaluations periods.
Recommendations for improving or modifying the program should be provided to and reviewed by the Chief of Police.
Exhibit 1
432: Body-Worn Cameras
432.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use of a body-worn camera (BWC) by members of this department and for the access, use, and retention of department BWC media.
The provisions of this policy, including notice, documentation, access, and retention, also apply to other portable audio/video recording devices used by members, where applicable.
This policy does not apply to undercover operations, wiretaps, or eavesdropping (concealed listening devices).
432.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.3.8, 41.3.10
432.1.2: DEFINITIONS
Definitions related to this policy include:
Activate - To place a BWC in active mode (also called event mode). In active mode, the BWC records both video and audio.
BWC media - The video, audio, and images captured by department BWCs and the associated metadata.
BWC media systems - Any software, including web-based programs and mobile applications, used by the Alameda Police Department to upload/download, store, view, transfer, and otherwise maintain BWC media.
Deactivate - To place a BWC in buffering mode (also called ready or pre-event mode). In buffering mode, the BWC records video (without audio) in short, predetermined intervals that are retained only temporarily. However, when a BWC is activated, the interval recorded immediately prior to activation is then stored as part of the BWC media.
Deactivate does not mean powering off the BWC.
Event - A general term referring to a set of circumstances that may, but does not necessarily, correlate directly to a single public safety incident.
432.2: POLICY
It is the policy of the Alameda Police Department to use BWCs and BWC media for evidence collection and to accurately document events in a way that promotes member safety and department accountability and transparency while also protecting the privacy of members of the public.
Exhibit 1
A violation of this policy subjects the member to discipline (Penal Code § 832.18) (see the Personnel Complaints Policy).
432.3: RESPONSIBILITIES
432.3.1: BWC COORDINATOR RESPONSIBILITIES
The Chief of Police or the authorized designee should delegate certain responsibilities to a BWC coordinator.
The responsibilities of the coordinator include (Penal Code § 832.18):
a. Serving as a liaison between the Alameda Police Department and the BWC manufacturer/distributor and any third-party media storage vendor. b. Developing inventory procedures for issuing and tracking BWC equipment, including properly marking BWCs as property of the Alameda Police Department and recording the date each BWC is placed into or taken out of service. c. Assisting with troubleshooting and maintenance of BWC equipment and media systems and, when necessary, coordinating the repair or replacement of BWCs.
1. All equipment and system malfunctions and their resolutions should be documented, and maintenance and repair records should be maintained for all BWCs.
d. Managing BWC media systems so that:
1. Access is limited to the minimum necessary authorized users and user privileges are restricted to those necessary for the member to conduct assigned department duties.
2. Security requirements, such as two-factor authentication and appropriate password parameters, are in place for user credentials. e. Configuring BWC media systems, or developing manual procedures, so that media is appropriately categorized and retained according to the event type tagged by members.
f. Retaining audit logs or records of all access, alteration, and deletion of BWC media and media systems, and conducting periodic audits to ensure compliance with applicable laws, regulations, and department policy.
g. Developing and updating BWC training for members who are assigned a BWC or given access to BWC media systems.
Exhibit 1
h. Coordinating with the community relations coordinator to (see the Community Relations Policy):
1. Provide the public with notice of the department's use of BWCs (e.g., posting on the department website or social media pages).
2. Gain insight into community expectations regarding BWC use. i. Coordinating with the Records Supervisor to (see the Records Division and Records Maintenance and Release policies):
1. Determine and apply proper retention periods to BWC media. Agency legal counsel should be consulted in determining retention periods.
2. Develop procedures for the appropriate release of BWC media. j. Coordinating with the Property and Evidence Unit to develop procedures for the transfer, storage, and backup of evidentiary BWC media (see the Property and Evidence Unit Policy).
k. Establishing a system to prevent tampering with, deleting, or copying recordings, and to ensure chain of custody integrity.
l. Designating the persons responsible for downloading the recorded data from the BWC.
m. Completing an annual administrative review of the BWC program and providing it to the Chief of Police for review. The review should determine whether the policy, training, and operational practices are consistent with APD's mission, vision, and values. The review should include feedback from Patrol, Training, and Records supervisors
432.3.2: MEMBER RESPONSIBILITIES
Every member issued a BWC is responsible for its proper use, safekeeping, and maintenance (Penal Code § 832.18).
At the beginning of each shift or period of BWC use, the member should inspect their assigned BWC to confirm it is charged and in good working order.
Members should wear their assigned BWC on their outermost garment positioned at or near chest level and as close to the center of their body as practicable. Members are responsible for ensuring there are no obstructions and that the BWC remains in a position suitable for recording.
Exhibit 1
When a BWC is not in the physical possession of the member to which it is assigned, it should be placed on the charging dock and stored in a secure location.
Members shall report any malfunction or damage to the BWC coordinator or on-duty supervisor as soon as practicable and, if possible, obtain a functioning BWC to use either temporarily while repairs are being made to the member's BWC or as a permanent replacement.
432.4: BWC USE
The following guidelines apply to the use of BWCs:
a. Only department-issued BWCs should be used. Members are prohibited from using any other BWC without the express consent of the Chief of Police or the authorized designee.
b. BWCs should only be used by the member or members to whom it was issued unless otherwise authorized by a supervisor.
c. The use of department-issued BWCs shall be strictly limited to department-related activities (Penal Code § 832.18).
d. Members shall not use BWCs or BWC media systems for which they have not received prior authorization and appropriate training.
e. Members shall immediately report unauthorized access or use of BWCs or BWC media systems by another member to their supervisor or the Chief of Police. 432.4.1: PROHIBITIONS
BWCs should not be used to record:
a. Routine administrative activities of the Alameda Police Department that do not involve interactions with the public. Care should be taken to avoid incidentally recording confidential documents that the Alameda Police Department has a duty to keep secure (i.e., criminal justice information).
b. Areas within the department facilities where members have a reasonable expectation of privacy (e.g., locker rooms or dressing areas, breakrooms) unless responding to a call for service or conducting an investigation. c. Conversations of other members without their knowledge. d. When a member is taking an authorized break or otherwise engaged in personal activities.
e. In a courtroom unless responding to a call for service or emergency situation.
Exhibit 1
f. Interactions with undercover officers or confidential informants. g. Strip searches.
BWCs shall not be used for the purpose of embarrassment, harassment, or ridicule of any individual or group.
432.5: ACTIVATION OF BWC
There are many situations where the use of the BWC is appropriate. This policy is not intended to describe every possible situation where use of the equipment may be appropriate.
Public contacts: Officers shall record public contacts, whether in person or through telephonic means, in situations where he/she is operating in an official law enforcement capacity.
Non-public contacts: Officer shall record non-public contacts where there is a likelihood enforcement action may be taken. These situations include, but are not limited to:
- Code 3 driving
- K-9 deployment
- Deployment of a firearm
- Probation/parole searches
- Protective sweeps
- Service of arrest or search warrants
Communication between Law Enforcement Personnel outside the presence of any member of the public need not be recorded; provided, however, the body camera shall be immediately reactivated upon any public contact.
For the purpose of this policy, any member contacting an individual suspected of violating any law or during the course of any official law enforcement-related activity shall be presumed to be engaged in an investigation. This presumption shall not apply to contacts with other members conducted solely for administrative purposes.
Members are not required to activate their BWC during casual or informal contacts with members of the public that are not part of or related to law enforcement functions.
However, members should activate their BWC any time a contact with an individual becomes hostile or adversarial.
Exhibit 1
Unless otherwise authorized by this policy or approved by a supervisor, BWCs should remain activated until the call for service or law enforcement-related function has concluded. A member may cease recording if they are simply waiting for a tow truck or a family member to arrive, or in other similar situations.
At no time is a member expected to jeopardize their safety to activate their BWC. However, the BWC should be activated as soon as reasonably practicable in required situations.
If a member attempts to activate their BWC but the BWC fails to record an event, the member should notify their supervisor as soon as practicable.
432.5.1: NOTICE OF RECORDING
Unless otherwise approved based on unique circumstances, a member should wear the BWC in a manner that is conspicuous and shall answer truthfully if asked whether they are equipped with a BWC or if their BWC is activated.
432.5.2: PRIVACY CONSIDERATIONS
Members should remain sensitive to the dignity of individuals being recorded and should exercise sound discretion with respect to privacy concerns.
When responding to a place where individuals have an expectation of privacy (e.g., private residences, medical or mental health facilities, restrooms) or to a sensitive situation (e.g., individuals partially or fully unclothed), members are permitted to mute or deactivate their BWC if it reasonably appears that the privacy concern outweighs any legitimate department interest in recording the event. Members may also mute or deactivate their BWC:
a. To protect the privacy of a victim or witness.
b. When an individual wishes to provide information anonymously. c. To avoid recording a confidential informant or undercover officer. d. When discussing case tactics or strategy.
e. During private conversations with other members or emergency responders.
Members should choose to mute rather than deactivate BWCs when practicable.
Deactivation should only be used when muting the BWC will not accomplish the level of privacy necessary for the situation.
Before muting or deactivating their BWC, the member should verbally narrate the reason on the recording. As soon as possible once the privacy concern is no longer an issue, or when circumstances change so that the privacy concern no longer outweighs the department's interest in recording the event (e.g., the individual becomes combative, Exhibit 1
the conversation ends), the member should unmute or reactivate their BWC and verbally note that recording has resumed.
432.5.3: LIVESTREAMING
Livestreaming enables authorized individuals to remotely view the audio and video captured by a member's BWC in real time. Only supervisors and dispatchers approved by the Chief of Police or the authorized designee shall have access to livestreaming capabilities.
Members shall be notified their BWC is being livestreamed when safe to do so.
Livestreaming should only be activated:
a. For purposes of member safety when the member is not responding to their radio or there is some other indication of distress.
b. To assist with situational awareness or tactical decisions during a significant incident.
c. When requested by the member.
If livestreaming was activated during an event, the member who authorized the livestreaming will outline in CAD the reason for livestreaming and the names of the members who communicated or participated in the event.
432.5.4: DOCUMENTATION
Members are encouraged to provide narration while using a BWC when it would be useful to provide context or clarification of the events being recorded. However, the use of a BWC is not a replacement for written reports and should not be referred to in a written report in place of detailing the event.
Every report prepared by a member who is issued a BWC should state "BWC available" or "BWC unavailable," as applicable, and should document:
a. An explanation of why BWC media is unavailable including any malfunction, damage, or battery issue that resulted in the failure of the BWC to capture all or part of the event.
b. Any exigency or other circumstances that prevented the member from immediately activating the recording at the beginning of the event. c. Any period of the event in which the member deactivated or muted their BWC and the reason for such action.
432.5.5: CESSATION OF RECORDING
Once activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for Exhibit 1
activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident.
Officers may cease recording when encountering or interviewing a victim who is in a vulnerable position or who asks not to be video recorded.
Officers may cease recording when interviewing a subject who does not want to be video- recorded and the officer feels obtaining the information or statements exceeds the importance of video evidence.
In all cases above, the officer shall verbally express the intent and reason to stop recording prior to turning off the equipment, and should verbally express it has resumed if later reactivated.Officers should consider whether activating another type of recording device, such as audio recording would be appropriate for memorializing the interaction.
Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person's attorney, religious advisor, or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636).
432.6: DOWNLOADING BWC MEDIA
Unless otherwise authorized by a supervisor, all media from a member's BWC should be properly downloaded and tagged before the end of their shift. BWC media related to a serious or high-profile event (e.g., search for a missing child, active shooter situation) should be downloaded and tagged as soon as practicable upon returning to the Alameda Police Department (Penal Code § 832.18).
Following an officer involved shooting or death or other event deemed necessary, a supervisor should take possession of the BWC for each member present and download and tag the BWC media if the storage system does not have automatic downloading capacity (Penal Code § 832.18).
432.6.1: TAGGING BWC MEDIA
Any time a member records any portion of a contact, the system will automatically retain the video for three years and will automatically categorize it as "General." If, at the time of the making the recording, the member reasonably understands they are conducting an investigation involving a homicide, felony sex crime, or a misconduct allegation, the member shall re-categorize the video into the appropriate category to ensure the recording is retained beyond the default three-year retention period. When applicable, the user shall also record the related case or incident number and transfer the file in accordance with the current procedures for storing digital files. The member shall also document the existence of the recording in the related case report. Transfers shall occur at the end of the member's shift, or as otherwise directed by a supervisor.
Members shall use the categorization and notation functions of Evidence.com to make notes, which minimally include case or incident number when applicable. Notes such as Exhibit 1
case numbers, incident numbers suspect names, and citation numbers will facilitate flagging videos for review and discovery.
Any time a member reasonably believes a recorded contact may be beneficial in a non- criminal matter (e.g., a hostile contact or complaint); the member shall promptly notify a supervisor of the existence of the recording.
Supervisors, managers, or system administrators may re-categorize recordings as they deem necessary.
BWC media depicting sensitive circumstances or events should be tagged as restricted.
BWC media should be flagged for supervisor review when it pertains to a significant event such as:
a. An incident that is the basis of a formal or informal complaint or is likely to result in a complaint.
b. When a member has sustained a serious injury or a line-of-duty death has occurred. c. When a firearm discharge or use of force incident has occurred. d. An event that has attracted or is likely to attract significant media attention.
Supervisors should conduct audits at regular intervals to confirm BWC media is being properly downloaded and tagged by their subordinates.
432.7: BWC MEDIA
All BWC media is the sole property of the Alameda Police Department (Penal Code § 832.18).
Members shall have no expectation of privacy or ownership interest in the content of BWC media.
All BWC media shall be stored and transferred in a manner that is physically and digitally secure with appropriate safeguards to prevent unauthorized modification, use, release, or transfer. Contracts with any third-party vendors for the storage of BWC media should include provisions specifying that all BWC media remains the property of the Alameda Police Department and shall not be used by the vendor for any purpose without explicit approval of the Chief of Police or the authorized designee (Penal Code § 832.18).
Members shall not alter, copy, delete, release, or permit access to BWC media other than as permitted in this policy without the express consent of the Chief of Police or the authorized designee (Penal Code § 832.18).
BWC media systems should not be accessed using personal devices unless authorized by the Chief of Police or the authorized designee.
Exhibit 1
432.7.1: ACCESS AND USE OF BWC MEDIA
BWC media systems shall only be accessed by authorized members using the member's own login credentials and in accordance with the Information Technology Use Policy.
BWC media shall only be accessed and viewed for legitimate department-related purposes in accordance with the following guidelines:
a. BWC media tagged as restricted should only be accessible by those designated by the Chief of Police or the authorized designee.
b. Members may review their own BWC media or any BWC where they appear in, either visually or audibly, for department-related purposes. Members should document in their report if they reviewed BWC media before completing the report. c. Investigators may review BWC media pertaining to their assigned cases. d. A member testifying regarding a department-related event may review the pertinent BWC media before testifying.
e. Supervisors are permitted to access and view BWC media of their subordinates.
1. Supervisors should review BWC media that is tagged as a significant event or that the supervisor is aware pertains to a significant event.
2. Supervisors should conduct documented reviews of their subordinate's BWC media at least annually to evaluate the member's performance, verify compliance with department procedures, and determine the need for additional training. The review should include one different incident from each subordinatea variety of event types when possible. Supervisors should review BWC media with the recording member when it would be beneficial to provide guidance or to conduct one-on-one informal training for the member.
3. Supervisors should conduct periodic reviews of a sample of each subordinate's BWC media to evaluate BWC use and ensure compliance with this policy.
f. The Training Sergeant is permitted to access and view BWC media for training purposes.
1. The Training Sergeant should conduct a quarterly review of a random sampling of BWC media to evaluate department performance and effectiveness and to identify specific areas where additional training or changes to protocols would be beneficial. Training Committee members may review BWC media as part of their review to identify training needs.
Exhibit 1
2. The Training Sergeant may use BWC media for training purposes with the approval of the Chief of Police or the authorized designee. The Training Sergeant should use caution to avoid embarrassing or singling out a member and, to the extent practicable, should seek consent from the members appearing in the BWC media before its use for training. When practicable, sensitive issues depicted in BWC media should be redacted before being used for training.
g. The Records Supervisor may access BWC media when necessary to conduct department-related duties.
h. The BWC coordinator may access BWC media and the BWC media system as needed to ensure the system is functioning properly, provide troubleshooting assistance, conduct audits, and fulfill other responsibilities related to their role. 432.7.2: PUBLIC ACCESS
Unless disclosure is required by law or a court order, BWC media should not be released to the public if it unreasonably violates a person's privacy or sense of dignity or depicts the interior of:
a. A private residence.
b. A facility that offers health care, mental health or substance abuse treatment, or social services.
c. A school building.
d. Any other building in which public access is restricted or which implicates heightened security concerns.
Requests for the release of BWC media shall be processed in accordance with the Records Maintenance and Release Policy. The Records Supervisor should review BWC media before public release.
432.7.3: REQUEST FOR DELETION OF ACCIDENTAL RECORDING
In the event of an accidental activation of the recorder where the recording is of no investigative or evidentiary value, the recording employee may request that the recorded file be deleted by submitting an email request with sufficient information to locate the recorded file to the Bureau of Professional Standards Commander who shall review the file, approve or deny the request, and forward to the System Administrator for action. All requests and final decisions shall be kept on file with the Bureau of Professional Standards Commander.
Exhibit 1
432.8: RETENTION OF BWC MEDIA
Non-evidentiary BWC media should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. Non-evidentiary media may be kept for more than 60 days for availability in case of a civilian complaint and to preserve transparency (Penal Code § 832.18).
It is the responsibility of the member making the recording to ensure recordings are appropriately categorized based upon the circumstances of the incident. Files should be securely stored in accordance with state records retention laws. All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule.
The following will be assigned the associated retention schedule:
- Homicide and felony sex crimes: permanent
- Inspectional Services: 9 years
- General: 3 years
Unless circumstances justify continued retention, BWC media should be permanently deleted upon the expiration of the retention period in a way that it cannot be retrieved.
BWC media shall not otherwise be deleted by any person without the authorization of the Chief of Police or the authorized designee.
Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18).
432.8.1: EVIDENTIARY BWC MEDIA
BWC media relevant to a criminal prosecution should be exported from the BWC media system and securely transferred to digital evidence storage according to established department procedures. Evidentiary BWC media is subject to the same laws, policies, and procedures as all other evidence, including chain of custody, accessibility, and retention periods (see the Property and Evidence Unit Policy).
Evidentiary BWC media should be retained for a minimum of two years under the following circumstances (Penal Code § 832.18):
a. The recording is of an incident involving the use of force by an officer or an officer- involved shooting.
b. The recording is of an incident that leads to the detention or arrest of an individual. c. The recording is relevant to a formal or informal complaint against an officer or the Alameda Police Department.
Exhibit 1
Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18).
432.9: TRAINING
The BWC coordinator should ensure that each member issued a BWC receives initial training before use, and periodic refresher training thereafter. Training should include:
a. Proper use of the BWC device and accessories.
b. When BWC activation is required, permitted, and prohibited. c. How to respond to an individual's request to stop recording. d. Proper use of the BWC media systems, including downloading and tagging procedures.
e. Security procedures for BWC media, including appropriate access and use.
Members who are not issued a BWC but who have access to BWC media systems shall receive training on the BWC media system, including appropriate access, use, and security procedures.
432.10: ADMINISTRATIVE REVIEW
Annually, the Bureau of Professional Standards is to conduct a review of this program and related collected data to ensure organizational integrity. This review should include a sufficient amount of data, collected across the organization and from relevant external sources, to assess the alignment of policy, training, and operational practices consistent with the organization’s mission, vision, and values. The review should be provided to the Chief of Police.
Exhibit 1
433: Mobile Audio/Video
433.1: PURPOSE AND SCOPE
The Alameda Police Department has equipped marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems.
433.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.3.8, 41.3.10
433.1.2: DEFINITIONS
Definitions related to this policy include:
Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode.
In-car camera system and Mobile Audio Video (MAV) system- Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor.
MAV technician - Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures.
Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media.
433.2: POLICY
It is the policy of the Alameda Police Department to use mobile audio and video technology to more effectively fulfill the department's mission and to ensure these systems are used securely and efficiently.
433.3: OFFICER RESPONSIBILITIES
Prior to going into service, each officer will properly equip him/herself to record audio and video in the field. At the end of the shift, each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. Each officer should have adequate recording media for the entire duty assignment. In the event an officer works at a remote location and reports in only periodically, additional recording media may be issued. Only Alameda Police Department identified and labeled media with tracking numbers is to be used.
Exhibit 1
At the start of each shift, officers should test the MAV system's operation in accordance with manufacturer specifications and department operating procedures and training.
System documentation is accomplished by the officer recording his/her name, serial number, badge or PIN number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service.
433.4: ACTIVATION OF THE MAV
The MAV system is designed to turn on whenever the unit's emergency lights are activated.
The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record.
433.4.1: REQUIRED ACTIVATION OF MAV
This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident.
In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations:
a. All field contacts involving actual or potential criminal conduct within video or audio range:
1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops)
2. Priority responses
3. Vehicle pursuits
4. Suspicious vehicles
5. Arrests
6. Vehicle searches
7. Physical or verbal confrontations or use of force
8. Pedestrian checks
9. DWI/DUI investigations including field sobriety tests
10. Consensual encounters
11. Crimes in progress
12. Responding to an in-progress call
b. All self-initiated activity in which an officer would normally notify the Communications Center
Exhibit 1
c. Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect:
1. Domestic violence calls
2. Disturbance of peace calls
3. Offenses involving violence or weapons
d. Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording
e. Any other circumstance where the officer believes that a recording of an incident would be appropriate
433.4.2: CESSATION OF RECORDING
Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations.
433.4.3: WHEN ACTIVATION IS NOT REQUIRED
Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol.
No member of this department may surreptitiously record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation.
433.4.4: SUPERVISOR RESPONSIBILITIES
Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification of the Communications Center.
Supervisors should conduct documented reviews of their subordinate's MAV media at least annually to evaluate the member's performance, verify compliance with department procedures, and determine the need for additional training. The review should include one different incident from each subordinate. Supervisors should review MAV media with the recording member when it would be beneficial to provide guidance or to conduct one-on- one informal training for the member.
When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media.
Exhibit 1
Supervisors may activate the MAV system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of monitoring the conversations or actions of an officer.
433.5: REVIEW OF MAV RECORDINGS
All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law.
To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the department MAV technician or forensic media staff. When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media.
Recordings may be reviewed in any of the following situations:
a. For use when preparing reports or statements
b. By a supervisor investigating a specific act of officer conduct c. By a supervisor to assess officer performance
d. To assess proper functioning of MAV systems
e. By department investigators who are participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation f. By department personnel who request to review recordings g. By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment h. By court personnel through proper process or with permission of the Chief of Police or the authorized designee
i. By the media through proper process or with permission of the Chief of Police or the authorized designee
j. To assess possible training value
k. Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection
Employees desiring to view any previously uploaded or archived MAV recording should submit a request in writing to the Watch Commander. Approved requests should be forwarded to the MAV technician for processing.
In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee.
Exhibit 1
433.6: DOCUMENTING MAV USE
If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation, indicating that the incident was recorded.
433.7: RECORDING MEDIA STORAGE AND INTEGRITY
Once submitted for storage, all recording media will be labeled and stored in a designated secure area. All recording media that is not booked as evidence will be retained for a minimum of one year after which time it will be erased, destroyed or recycled in accordance with the established records retention schedule (Government Code § 34090.6).
433.7.1: COPIES OF ORIGINAL RECORDING MEDIA
Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy.
Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned.
433.7.2: MAV RECORDINGS AS EVIDENCE
Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Alameda Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved.
433.8: TRAINING
All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use.
433.9: ADMINISTRATIVE REVIEW
Annually, the Bureau of Professional Standards is to conduct a review of this program and related collected data to ensure organizational integrity. This review should include a sufficient amount of data, collected across the organization and from relevant external sources, to assess the alignment of policy, training, and operational practices consistent with the organization's mission, vision, and values. The review should be provided to the Chief of Police.
Exhibit 1
500: Traffic Function and Responsibility
500.1: PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs.
It is the policy of the Department to take enforcement action when a threat to life and/or public safety is involved. The following are some examples of serious violations:
a. Incidents involving drug/alcohol impairment
b. Drivers with a suspended or revoked license
c. Moving violations
d. Serious speed violations resulting in added danger to the public e. Hazardous violations including, but not limited to, reckless driving and speed contests
f. Multiple violations
g. Violations resulting in traffic collisions.
Officers should use discretion in determining enforcement action for acts such as:
a. Off-road vehicle violations
b. Equipment violations and other non-moving violations c. Public carrier and commercial vehicle violations
d. Other non-hazardous violations
e. Newly enacted laws and/or regulations
f. Pedestrian and bicycle violations
Exhibit 1
500.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 61.1.2, 61.1.5, 82.3.4
500.1.2: TRAFFIC SECTION RESPONSIBILITIES
The Traffic Section shall have primary responsibility for planning, analysis, inspection, and coordination of the Department's traffic safety program. Its personnel provide specialized enforcement, investigation, education, and program supervision.
500.1.3: TRAFFIC SECTION COMMANDER
The Traffic Section Commander is a lieutenant who reports to the Bureau of Operations Commander. The Traffic Lieutenant's responsibilities include:
• Development and review of section goals and objectives annually • Management of the section and accomplishment of its goals and objectives • Planning for traffic-related events, incidents, and Department needs • Organizing, staffing, and inspecting the Traffic Section • Development of traffic policies and procedures
• Participation in the City Manager's Transportation Technical Team • Budget preparation
500.1.4: TRAFFIC SUPERVISOR
The Traffic Supervisor is a sergeant who reports to the Traffic Section Commander. The Traffic Sergeant's responsibilities include:
• Supervising, training, scheduling, and evaluating Traffic Section personnel • Motorcycle enforcement
• DUI enforcement
• Parking enforcement
• Operation, repair and maintenance of all traffic-related vehicles and equipment • Abandoned vehicle abatement
• Emergency back-up coverage for patrol
• Budget preparation for the Traffic Section
• Taxi permits issuance, enforcement and administration • Traffic safety education within the community
• Grant application and administration
• Issuing citation books to personnel
• Accounting for citation books
The Traffic Sergeant collects, maintains, and utilizes traffic accident, enforcement, and other related data. These records are used for:
• Analysis of traffic accident data such as reports, investigations, locations, hazards and volume
• Analysis of traffic enforcement activities such as citations, arrests, dispositions, and locations
Exhibit 1
• Implementation of selective enforcement techniques and procedures based on analyzed data considering type of vehicles, volume, environmental factors, and violations
• Preparation and dissemination of statistical reports and analysis at regular intervals to department personnel
• Deployment of traffic enforcement personnel as indicated through traffic accident analysis and other related factors
The Traffic Sergeant shall be responsible for the review of all collision and hit and run reports.
The Traffic Sergeant causes all necessary and appropriate follow-up investigations and when necessary, authorizes the issuance of a citation.
The Traffic Sergeant shall keep abreast of and advise all uniformed personnel of any specific changes in traffic legislation and/or court decisions.
The Traffic Sergeant, through the Traffic Lieutenant, assists the Patrol Division in planning, coordinating and controlling special traffic situations, such as parades, demonstrations, special events, etc.
The Traffic Sergeant, through the Traffic Lieutenant, develops uniform traffic enforcement policies.
The Traffic Sergeant is responsible for the Adult School Crossing Guard Program which includes:
• Interviewing and hiring prospective crossing guards
• Training and supervising crossing guards at traffic posts • Maintaining adequate crossing guard clothing and equipment; Maintaining records on the judicious selection of crossing guard posts; Preparing an annual budget for program expenditures
The Traffic Sergeant's responsibilities and duties to other City agencies are:
• Assist and confer with the Engineering Department to create the best possible City- wide traffic movement by way of construction, reconstruction and placement of roads, road signs, signals, and markings
• Assist and confer with the City Attorney regarding any traffic related matters • Participate as a member of the City Manager's Transportation Technical Team and perform related duties
The Traffic Sergeant will provide the following assistance to agencies not within the City government:
Exhibit 1
• Act as a liaison with courts on traffic matters
• When requested by Community Oriented Policing Preventative Services (COPPS), provide speakers on topics related to traffic safety and driver improvement • Confer with other law enforcement agencies on mutual traffic problems
500.1.5: TRAFFIC OFFICER
The duties of the Traffic Officer include, but are not limited to, the following:
• Technical accident investigation, including diagramming, skid-speed analysis, reconstruction, and follow-up as a part of the Major Accident Investigation Team (MAIT)
• Analysis of accident reports and records, when assigned • Selective traffic enforcement, including D.U.I. enforcement • Operation of speed measuring devices
• Traffic safety education and public information
• Supervision of adult school crossing guards
• Taxi permits and inspections
• Traffic direction and control
• Special events planning, coordination, and control
• Commercial vehicle enforcement and oversize load permits • Hazardous materials enforcement and investigation
• Other duties as assigned
• Child seat inspections and installations
• Administration of the Neighborhood Speed Watch Program • M.T.Z. deployment for speed complaints
500.1.6: TRAFFIC TECHNICIAN
Traffic Technicians are assigned to the Traffic Section, and perform duties which include the following:
• Parking enforcement
• Abandoned vehicle abatement
• Traffic direction and control
• Other duties as assigned
500.2: TRAFFIC [Officer_Deputy] DEPLOYMENT
Several factors are considered in the development of deployment schedules for officers of the Alameda Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include:
• Location
• Time
• Day
Exhibit 1
• Violation factors
All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence.
All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations.
Other factors to be considered for deployment are requests from the public, construction zones or special events.
500.3: ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions:
500.3.1: WARNINGS
Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations.
500.3.2: CITATIONS
Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum:
a. Explanation of the violation or charge
b. Court appearance procedure including the optional or mandatory appearance by the motorist
c. Notice of whether the motorist can enter a plea and pay the fine by mail or at the court
500.3.3: PHYSICAL ARREST
Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to:
a. Vehicular manslaughter
b. Felony and misdemeanor driving under the influence of alcohol/drugs Exhibit 1
c. Felony or misdemeanor hit-and-run
d. Refusal to sign notice to appear
e. Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances
500.4: SUSPENDED OR REVOKED DRIVERS LICENSES
If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601.
If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles.
500.4.1: TRAFFIC SECTION MANUAL
The Traffic Section Manual describes the Department's Traffic Services Program administration and operational policies and procedures. It will be maintained by the Traffic Sergeant, available as a resource for all personnel, and will be reviewed and updated annually.
500.5: HIGH-VISIBILITY VESTS
The Department has provided American National Standards Institute (ANSI) Class II high- visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598).
Although intended primarily for use while performing traffic related assignments, high- visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member.
500.5.1: REQUIRED USE
Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor.
Exhibit 1
Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement.
500.5.2: CARE AND STORAGE OF HIGH-VISIBILITY VESTS
High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored.
A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Training Sergeant should be promptly notified whenever the supply of vests in the equipment room needs replenishing.
Exhibit 1
502: Vehicle Towing and Release
502.1: PURPOSE AND SCOPE
This policy provides the procedures for towing a vehicle by or at the direction of the Alameda Police Department. Nothing in this policy shall require the Alameda Police Department to tow a vehicle.
502.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 61.4.3
502.2: STORAGE AND IMPOUNDS
When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately.
The responsibilities of those employees towing, storing or impounding a vehicle are listed below.
502.2.1: VEHICLE STORAGE REPORT
Alameda Police Department members requesting towing, storage, or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator, and the original shall be submitted to the Records Division as soon as practicable after the vehicle is stored.
502.2.2: REMOVAL FROM TRAFFIC COLLISION SCENES
When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center.
If the owner is incapacitated, or for any reason it is necessary for the Alameda Police Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the official towing garage for the City of Alameda.
The officer will then store the vehicle using a CHP Form 180.
502.2.3: STORAGE AT ARREST SCENES
Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the Exhibit 1
community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area).
The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition:
• Traffic-related warrant arrest.
• Situations where the vehicle was not used to further the offense for which the driver was arrested.
• Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. • Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the Alameda Police Department will not be responsible for theft or damages. 502.2.4: IMPOUNDMENT AT SOBRIETY CHECKPOINTS
Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2).
The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation.
If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released.
When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration.
502.2.5: DRIVING A NON-CITY VEHICLE
Vehicles which have been towed by or at the direction of the Alameda Police Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs.
502.2.6: DISPATCHER’S RESPONSIBILITIES
Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched.
Exhibit 1
When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request.
502.2.7: [recordsBureau] RESPONSIBILITY
RecordsCommunications Center personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Watch Commander for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5).
Approved storage forms shall be promptly placed into the auto-file so that they are immediately available for release or review should inquiries be made.
Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Division Communications Center to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by mail as applicable and as provided in Vehicle Code § 22851.3(d), Vehicle Code § 22852(a), and Vehicle Code § 14602.6(a)(2). The notice shall include the following (Vehicle Code § 22852(b)):
a. The name, address, and telephone number of this Alameda Police Department b. The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage
c. The authority and purpose for the removal of the vehicle d. A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice
502.3: TOWING SERVICES
The City of Alameda periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations:
a. When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action.
b. When a vehicle is being held as evidence in connection with an investigation. c. When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal of vehicles obstructing traffic in violation of state or local regulations.
Exhibit 1
502.4: VEHICLE INVENTORY
All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Alameda Police Department against fraudulent claims of lost, stolen, or damaged property.
502.5: SECURITY OF VEHICLES AND PROPERTY
Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband.
If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards.
502.6: RELEASE OF VEHICLE
The Alameda Police Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). a. Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5).
b. Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit, and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5).
c. A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license, and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances:
1. The vehicle was stolen.
Exhibit 1
2. If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance.
3. Any other circumstance as set forth in Vehicle Code § 14602.6.
4. When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment.
d. An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D) shall be released to the registered owner or person in control of the autonomous vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met.
Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release.
Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy.
502.7: TOWING FOR EXPIRED REGISTRATION
Prior to a member removing a vehicle that is found to have expired registration for more than six months, the member shall verify that no current registration exists with the Department of Motor Vehicles (DMV). If current registration exists with the DMV, the vehicle shall not be removed (Vehicle Code § 22651(o)(1)(A)).
Exhibit 1
506: Disabled Vehicles
506.1: PURPOSE AND SCOPE
Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction.
506.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 61.4.1
506.2: [Officer_Deputy] RESPONSIBILITY
When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical.
506.3: EXTENT OF ASSISTANCE
In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist.
506.3.1: MECHANICAL REPAIRS
Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.
506.3.2: PUSH BUMPERS
A. Officers may utilize their unit push-bars to move a vehicle off the roadway when the following conditions are met:
a. The vehicle is movable and not severely damaged.
b. The vehicle is causing a traffic backup or a public safety hazard exists and Caltrans or the Department's contracted tow company is delayed.
B. Duties:
a. Attempts should be made to get the permission of the person in control of the vehicle to use a police vehicle to move the car off the road or to a position of safety.
Exhibit 1
b. If permission is not granted, the officer should weigh whether the benefit of clearing the roadway is greater than obtaining the owner/driver's permission. *Example - If the vehicle is blocking either the Webster Street or Posey Tubes, blocking rush hour traffic or presenting some other safety hazard, the need to get it moved is greater than getting permission from the owner/driver.
c. Any time push bumpers are used to move a non-city owned vehicle, the action should be documented with an Incident Card at minimum, or other appropriate documentation.
C. Considerations:
a. The type of vehicle needing assistance.
b. The ground level or height of the push bars might be different than the bumper of the vehicle needing assistance.
c. Care should be taken to minimize the risk of damage to either the disabled vehicle or the police car.
506.3.3: JUMPER CABLES
A. Due to the complex system of on-board electronics and computer systems in the police vehicle; at no time should jumper cables be used to directly connect the battery from a police vehicle to the battery of another vehicle, regardless of which vehicle is disabled.
B. Only a portable battery charger should be used to jump start either a civilian vehicle or a city vehicle.
506.3.4: VEHICLE LOCK-OUT PROCEDURES
A. Due to the advent of side impact air bags and other vehicle developments, APD personnel should not use any device such as wire coat hangers, spring steel "Slim Jim" type devices, or other similar tools to attempt entry into a locked vehicle by manipulating the locking mechanism inside a vehicle's door panels.
B. Use of these tools should be limited to retrieving keys through a partially open window, manipulation of visible door lock knobs and automatic lock switches, etc.
C. Exigent circumstances such as a child locked in a vehicle or other safety concern necessitates that entry be made as quickly and safely as possible, using any tool or means available to the officer.
Exhibit 1
506.3.5: RELOCATION OF DISABLED VEHICLES
The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle.
506.3.6: RELOCATION OF DISABLED MOTORIST
The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/her to a safe area to await pickup.
506.4: PUBLIC ACCESS TO THIS POLICY
This written policy is available upon request.
Exhibit 1
508: 72-Hour Parking Violations
508.1: PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the AlamedaCity Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669.
508.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 61.4.3
508.1.2: APPLICABLE ALAMEDA MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE
SECTIONS
The following sections deal exclusively with the removal of abandoned vehicles from private or public property, and from a highway or public street:
• Alameda Municipal Code; Section 8-7.8
• California Vehicle Code; Sections 22523 (a&b), 22669 (a) and 22670 • Alameda Municipal Code; sections 8-22.1 through 8.22.17 • California Vehicle Code; sections 22660 and 22661
• California Vehicle Code: Section 22651 (k)
508.2: MARKING VEHICLES
Vehicles suspected of being in violation of the City of Alameda 72-Hour Parking Ordinance shall be marked and noted on the Alameda Police Department Marked Vehicle Card. No case number is required at this time.
A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on the Marked Vehicle Card. The investigating employee should make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This may be accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least 24 hours prior to removal.
All Marked Vehicle Cards shall be submitted to the Traffic Bureau for computer data entry.
If a marked vehicle has been moved or the markings have been removed during a 72-hour investigation period, the vehicle shall be marked again for the 72-hour parking violation and a Marked Vehicle Card completed and forwarded to the Traffic Bureau.
Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored for the 72-hour parking violation.
508.2.1: MARKED VEHICLE FILE
The Traffic Section shall be responsible for maintaining a file for all Abandoned Vehicle (AV) Forms.
Exhibit 1
Parking control officers (Abandoned Vehicle Technicians) assigned to the Traffic Section shall be responsible for the follow up investigation of all 72-hour parking violations noted on the Abandoned Vehicle Forms.
508.2.2: VEHICLE STORAGE
Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report shall be completed by the officer authorizing the storage of the vehicle.
The storage report form shall be submitted to the Records Division immediately following the storage of the vehicle. It shall be the responsibility of the Records Division Communications Center to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5).
Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Division Communications Center to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d).
Exhibit 1
509: Traffic Procedures
509.1: PURPOSE AND SCOPE
The purpose of this procedure is to provide members guidance in the use of department- approved traffic management methods.
509.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA standards: 61.1.7, 61.3.2, 61.3.3, 61.4.2
509.2: TRAFFIC STOP GUIDELINES
Officers make vehicle stops for a variety of reasons to include issuing warnings or citations, identify occupants, and/or detain criminal suspects. Officers should pre-plan every vehicle stop. Although it is impossible to predict the actions of the vehicle's driver or passenger(s), officers should consider the potential risks and develop a tactical plan for every stop.
509.2.1: UNKNOWN RISK GUIDELINES
An officer should consider the following guidelines when conducting traffic stops:
Choose a stop location with tactical advantages. Consider traffic flow, lighting, and terrain.
Prior to all stops, notify the dispatcher of your intended stop location, the vehicle's license number, and the vehicle's color and make.
Utilize the appropriate overhead emergency and cautionary traffic-directing equipment. At night, utilize the appropriate vehicle-illuminating equipment. Consider parking the patrol vehicle offset from the violator vehicle and within an appropriate distance based the information known about the occupant(s). Determine the safest approach procedure taking into consideration traffic, visibility into the vehicle compartment, the number of occupants, the availability of other officers, and terrain. Officers should not pass between vehicles. If the violator exits the vehicle or makes any unusual movements, immediately give verbal commands. If the violator fails to heed the commands, request an additional officer.
Maintain a position of advantage when making contact with the occupant(s). While determining the appropriate course of action, officers should be aware of the violator's location and the surroundings. Consider conducting all actions from the rear of the patrol vehicle. Always remain in a position that allows you to monitor the actions of the occupants and your surroundings.
Notify dispatch of the disposition of the stop.
509.2.2: HIGH RISK GUIDELINES
There are situations that warrant a higher level response to traffic stops. Officers should consider the following:
Seriousness of the crime(s)
Availability of officers
Exhibit 1
Location and terrain
Number of occupants
When conducting a high risk stop, officers should follow POST approved standards.
509.3: TRAFFIC DIRECTION AND CONTROL
When required, members will direct and control traffic to maintain public safety and facilitate efficient traffic flow. Members directing and controlling traffic for any purpose (e.g., traffic collisions, emergencies, special events) shall do so in accordance with the following guidelines:
a. Wear high-visibility vests in accordance with the Traffic Function and Responsibility Policy
b. Employ uniform hand signals to stop, start, or direct turning movements of vehicles c. Use temporary traffic control devices (e.g., barriers, cones, barricades) to stop, reroute, or restrict traffic as necessary to safeguard members, emergency personnel, and the public, and to preserve evidence, if necessary
d. Use flashlights to supplement hand signals at night or in low-light conditions e. Coordinate efforts with other emergency services agencies (e.g., emergency medical services, fire department, utility companies, other law enforcement) f. Ensure required notifications are made (see Major Incident Notification Policy) g. Notify a supervisor if additional assistance is needed 509.4: HAZARDOUS ROADWAY CONDITIONS
Hazardous roadway conditions due to weather, roadway damage, or other circumstances should be addressed as soon as practicable. When encountering hazardous roadway conditions, members should:
a. Assess the condition and request the Communications Center to make any appropriate notifications (see the Emergency Utility Service Policy). b. Isolate the hazard, if appropriate, by using temporary traffic-control devices (e.g., barriers, cones, flares, traffic signals) and/or a patrol vehicle with its emergency lights activated.
c. Only clear the scene when the hazardous condition has been mitigated, another member or appropriate agency has assumed control, or a supervisor has authorized departure.
Exhibit 1
d. When hazardous materials are in the roadway, officers should secure the scene and refer to the Hazardous Materials Response Policy for guidance. 509.5: ESCORTS
Vehicle escort services are generally not performed. All requests for law enforcement escort services should be approved by the Chief of Police.
If a request is granted, the Traffic Lieutenant should be responsible for:
a. Identifying the required department resources.
b. Coordinating with outside agencies.
c. Identifying safety and security risks.
d. Taking reasonable precautions to ensure public safety.
Only vehicles equipped with emergency lights and sirens should be used to provide escort services.
Requests for escort for medical transport or civilian vehicles should be in accordance with specifications in the Medical Aid and Response Policy.
509.5.1: NON-EMERGENCY LAW ENFORCEMENT ESCORT SERVICES
Non-emergency escorts for special events may be provided with the approval of the Chief of Police. These include escorts of:
Public officials
Dignitaries
Emergency vehicles
Funerals
Oversized vehicles
Hazardous or unusual cargo
Persons of organizations requesting an escort must possess the appropriate permits and authorizations required by the City of Alameda before this Department will review the request.
The controlling employee sets the pace of the escort and should never allow the escort to continue in a way that would create a risk to public safety.
The Bureau of Support Services Commander or designee shall review all requests for pre- planned traffic escorts. All requests for pre-planned escorts shall include:
Route and maximum speeds to be reached for each segment of the route; Exhibit 1
Appropriate traffic control at locations along the route that are sufficient to ensure safe passage; and
Appropriate monitoring and tactical control of the escort.
The Bureau of Field Services Commander or designee shall review all requests for non- planned traffic escorts. When reviewing requests, the Bureau of Field Services shall consider:
Vehicle and cargo types;
Necessity to hasten travel;
Availability of personnel; and
Ability to assure basic law enforcement standards.
The safety of the public and employees during escorts shall always be paramount in consideration of approval.
509.5.2: EMERGENCY LAW ENFORCEMENT ESCORT SERVICES
Emergency law enforcement escorts may include medical transports. However, during medical emergencies, patients should be transported by ambulance unless no alternative exists.
Escorting privately-owned vehicles under emergency situations is extremely dangerous and should be avoided.
When feasible, officers should obtain supervisory approval when conducting emergency law enforcement escorts.
Exhibit 1
600: Investigation and Prosecution
600.1: POLICY
It is the policy of the Alameda Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor.
600.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 42.1.3, 42.2.1, 42.2.8, 71.1.1, 71.4.3,
72.5.3 600.2: PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations.
600.3: INVESTIGATIONS DIVISION ORGANIZATION
The Investigations Division is within the Bureau of Support Services. The division is managed by a Lieutenant who reports to the Bureau Captain.
600.4: SCHEDULING
Scheduling of duty hours for the Investigations Division's personnel shall be the responsibility of the Division Commander and may be subject to adjustment to accomplish a specific police purpose.
Investigations Division personnel shall normally work the hours as assigned by the Bureau Commander. When necessary, personnel may be scheduled for night and/or weekend duty.
It shall be the responsibility of the Division Commander to have at least one investigator available in the Division's office during normal working hours.
600.5: INVESTIGATIONS DIVISION GENERAL DUTIES AND RESPONSIBILITIES a. Cases other than those previously mentioned may be assigned to particular personnel or sections as deemed necessary by the Division Commander. b. Should any of the following offenses occur, the Bureau Commander, the Investigations Division Commander, and the Unit supervisor shall be notified immediately, whether on or off duty:
1. Kidnapping
2. Murder or suspicious death
3. Bombing
Exhibit 1
4. Police Officer involved shooting
5. All in custody deaths
6. Arson involving serious injury or death
1. If an arson involving major property damage occurs, the Investigations Division Commander and the Unit supervisor shall be notified immediately, whether on or off duty.
c. For offenses other than those listed above, the Watch Commander or Duty Lieutenant shall be responsible for deciding whether or not off duty Investigations Division personnel should be contacted.
d. Whenever available, on duty Investigations Division personnel shall respond to reported felonies in progress, in order to assist with the investigation and /or apprehension of suspects.
e. During normal business hours, requests from outside agencies for felony investigations assistance involving local residents will be referred to the Unit supervisor. Otherwise, patrol officers shall be directed to render the necessary assistance.
f. It is the responsibility of the Division Commander to review and assign each case received in the Division to the appropriate Investigative Unit. g. Unit Supervisors shall re-assign cases to their respective personnel for investigative follow-up and update the Case Management File appropriately. h. Although assigned to a specific unit, officers may be assigned to other units if deemed necessary by the Division Commander.
i. Unit supervisors shall ensure their personnel submit initial follow-up reports on all assigned cases in a timely manner.
j. Unit supervisors will ensure their personnel maintain an accurate monthly case assignment/status record using the Department's Case Management System. k. Unit supervisors shall submit to the Division Commander a monthly summary of their unit's activities.
l. The Division Commander shall ensure that personnel within the Division meet regularly for case briefings and information sharing.
m. All Investigations Division personnel will, as often as possible, attend association meetings pertaining to their specific assignments.
Exhibit 1
n. At the conclusion of their work day, personnel assigned to the Investigations Division shall clear their desks of assigned cases and other paraphernalia. o. No victim or citizen should be required to return at a later time, or fail to receive service, because a specific detective is not present to assist them. Despite specialization of assignments, assistance shall be provided to citizens whenever possible, even though it may involve temporarily working out of assignment. 600.5.1: TERRORISM LIAISON OFFICER
A. Terrorism Liaison Officer
a. The Terrorism Liaison Officer has the responsibility for specified intelligence gathering, dissemination, sharing, and maintaining as it relates to the analysis of criminal activity and Homeland Security intelligence. The Terrorism Liaison Officer also has the responsibility for training Department employees for emergency response to, and recovery from, natural disasters as related to National Recovery Plans.
b. The Investigations Division Lieutenant is the Department's designated Terrorism Liaison Officer.
c. It is the policy of the Department that all intelligence information be gathered and stored in accordance with the Code of Federal Regulations, Title 28, and Part 23, which is established to protect individual rights of speech, association, or privacy. Information may only be maintained when it is based on reasonable suspicion of involvement in criminal activity or conduct, and the information is relevant to that criminal activity or conduct.
B. Criminal/Homeland Security Intelligence
a. The gathering, evaluation, and dissemination of criminal intelligence and Homeland Security intelligence is the responsibility of the Terrorism Liaison Officer, under the direct command of the Bureau of Operations Captain. b. The Chief of Police shall be informed of intelligence information that is relative and pertinent to the Alameda Police Department in a timely manner. c. Intelligence information of a routine nature that is relative and pertinent to the Alameda Police Department shall be disseminated to staff and line officers for informational and training purposes.
Exhibit 1
C. Terrorism Liaison Officer Responsibilities
a. Ensure the Department is compliant with Homeland Security Presidential Directive 5, which is the Management of Domestic Incidents, through a National Incident Management System.
b. Ensure the Department is compliant with Homeland Security Presidential Directive 8, which is the national response plan for Federal assistance to State and local government, in the event of threatened or actual domestic terrorist attacks, major disasters, and other emergencies. c. Maintain correspondence with federal and state terrorism task force groups for the purpose of gathering, sharing, dissemination, and maintaining of intelligence information related to possible criminal activity. 600.6: INITIAL INVESTIGATION
600.6.1: [Officer_Deputy] RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
A. Upon arrival, be observant of all conditions, events, and statements, and evaluate their significance to the crime.
B. Make a preliminary determination of whether a crime has been committed by completing, at a minimum:
a. An initial statement from any witnesses or complainants. b. A cursory examination for evidence.
C. If information indicates a crime has occurred, the officer shall:
a. Preserve the scene and any evidence as required to complete the initial and follow-up investigation.
b. Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. c. If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander.
d. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects.
e. Collect any evidence.
Exhibit 1
f. Take any appropriate law enforcement action.
g. Complete and submit the appropriate reports and documentation.
D. If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information.
600.6.2: [CivilianNonSworn] MEMBER RESPONSIBILITIES
A professional staff member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested.
600.7: FOLLOW-UP INVESTIGATION
600.7.1: CASE STATUS CONTROL SYSTEM
Upon screening a potential case, the Investigations Division Sergeant will decide which investigator will be assigned the case and enter the case information in the automated case management system. The case management information should include:
- Investigator's name
- Date assigned
- Case number
- Due date
600.7.2: ADMINISTRATIVE DESIGNATORS
All crimes investigated by the Alameda Police Department shall have administrative clearance designators to include open, closed, suspended.
600.7.3: INVESTIGATIONS CASE FILES
When a case is assigned to the Investigations Division, a temporary case file may be created and stored within the Investigations Division while the investigation is ongoing. This file should contain copies of preliminary investigative reports, records of statements, results of examination of evidence, case status reports, and other records needed for the investigation.
Upon completion of the case, all relevant and discoverable records should be transferred to the permanent record.
When the Investigator no longer needs the case file and all pertinent information has been transferred to the permanent record, case notes and work product material may be purged.
Exhibit 1
600.7.4: REPORT ACCESSIBILITY
The Records Management System (RMS) allows department-wide viewing of case files.
However, with the approval of a supervisor, general access to reports may be restricted.
600.8: CUSTODIAL INTERROGATION REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy.
600.8.1: AUDIO/VIDEO RECORDINGS
Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.
Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Investigations Division commandersupervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews.
Written statements from suspects should continue to be obtained when applicable.
600.8.2: MANDATORY RECORDING OF ADULTS
Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5).
This recording is not mandatory when (Penal Code § 859.5):
a. Recording is not feasible because of exigent circumstances that are later documented in a report.
b. The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.
Exhibit 1
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.
The Alameda Police Department shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5).
600.9: USE OF CERTAIN DNA SAMPLES
Known samples of DNA collected from a victim of a crime or alleged crime, and known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion are to be used only for the purpose directly related to the incident being investigated and in compliance with the procedures identified in Penal Code § 679.12.
600.10: COMPUTERS AND DIGITAL EVIDENCE
The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available.
600.11: INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other internet source to access information for the purpose of Exhibit 1
criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. Information gathered via the internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using the member's own equipment, the member should note the dates, times, and locations of the information and report the discovery to the member's supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment.
Information obtained via the internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies).
600.11.1: ACCESS RESTRICTIONS
Information that can be accessed from any department computer, without the need of an account, password, email address, alias, or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval.
Accessing information from any internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report.
Accessing information that requires the use of a third party's account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report.
Information gathered from any internet source should be evaluated for its validity, authenticity, accuracy, and reliability. Corroborative evidence should be sought and documented in the related investigative report.
Any information collected in furtherance of an investigation through an internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered.
600.11.2: INTERCEPTING ELECTRONIC COMMUNICATION
Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception.
600.12: CUSTODIAL INTERROGATION REQUIREMENTS
Any custodial interrogation of a person who is suspected of having committed any violent felony offense should be electronically recorded (audio/video or both as available) in its Exhibit 1
entirety as otherwise allowed by law. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings.
Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate and beneficial to the investigation and is otherwise allowed by law.
No recording of an interrogation should be destroyed or altered without written authorization from the District Attorney and the Investigations Division supervisor. Copies of recorded interrogations or interviews may be made in the same or different format provided they are true, accurate and complete copies and are made only for authorized and legitimate law enforcement purposes.
Officers should not allow the recording to take the place of a thorough report and investigative interviews and should continue to obtain written statements from suspects when applicable.
600.12.1: MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility or other official setting. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).
This recording is not mandatory when (Penal Code § 859.5):
A. Recording is not feasible because of exigent circumstances that are later documented in a report.
B. The individual refuses to have the interrogation recorded, including refusal anytime during interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded.
C. The custodial interrogation took place in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5.
D. The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed a murder.
Exhibit 1
E. The interrogation would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report.
F. A recording device fails despite reasonable maintenance and the timely repair or replacement was not feasible.
G. Questions are part of a routine processing or booking, and not an interrogation.
These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction of the individual or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institution Code § 626.8).
600.13: DISCONTINUATION OF INVESTIGATIONS
The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies:
1. All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately.
2. The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition.
1. In these cases, the investigator shall document that the person was warned and why prosecution was not sought.
2. Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor.
3. The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation.
4. The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted, or requested, and there is no need to take the suspect into custody.
5. Suspects have been arrested, there are no other suspects, and further investigation is either not warranted, or requested.
6. Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases).
Exhibit 1
The Domestic Violence, Child Abuse, Sexual Assault Investigations, and Senior and Disability Victimization policies may also require an arrest or submittal of a case to a prosecutor.
600.14: UNSOLVED MURDER CASE REVIEWS
The Criminal Investigations Bureau Commander or the authorized designee is responsible for developing procedures related to the periodic review and reinvestigation of open unsolved murder cases. The procedures should include the following:
a. Eligibility criteria
b. Review process
c. Reinvestigation criteria
d. Active case management
e. Documentation and oversight
f. Interagency coordination
g. Review frequency
600.15: MODIFICATION OF CHARGES FILED
Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of a Bureau Commander supervisoror the Chief of Police. Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor.
600.16: CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY The Criminal Investigations Bureau Commander is responsible for ensuring the following for cellular communications interception technology operations (Government Code § 53166):
1. Security procedures are developed to protect information gathered through the use of the technology.
2. A usage and privacy policy is developed that includes:
1. The purposes for which using cellular communications interception technology and collecting information is authorized.
2. Identification by job title or other designation of employees who are authorized to use or access information collected through the use of cellular communications interception technology.
3. Training requirements necessary for those authorized employees.
4. A description of how the Alameda Police Department will monitor the use of its cellular communications interception technology to ensure the accuracy of the information collected and compliance with all applicable laws.
Exhibit 1
5. Process and time period system audits.
6. Identification of the existence of any memorandum of understanding or other agreement with any other local agency or other party for the shared use of cellular communications interception technology or the sharing of information collected through its use, including the identity of signatory parties.
7. The purpose of, process for and restrictions on the sharing of information gathered through the use of cellular communications interception technology with other local agencies and persons.
8. The length of time information gathered through the use of cellular communications interception technology will be retained, and the process the local agency will utilize to determine if and when to destroy retained information.
Members shall only use approved devices and usage shall be in compliance with department security procedures, the department’s usage and privacy procedures and all applicable laws.
600.17: ANTI-REPRODUCTIVE RIGHTS CRIMES
A member should take a report any time a person living within the jurisdiction of the Alameda Police Department reports that the person has been a victim of an anti- reproductive rights crime as defined by Penal Code § 13776 and Penal Code § 423.3. This includes:
a. Taking a report, even if the location of the crime is outside the jurisdiction of this department or has not been determined (e.g., online harassment). b. Providing the victim with the appropriate information, as set forth in the Victim and Witness Assistance Policy. Members should encourage the person to review the material and should assist with any questions.
A report should also be taken if a person living outside department jurisdiction reports an anti-reproductive rights crime that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box in the city to facilitate the crime).
A member investigating an anti-reproductive rights crime should ensure that the case is referred to the appropriate agency if it is determined that this department should not be the investigating agency. The victim should be advised that the case is being transferred to the agency of jurisdiction. The appropriate entries should be made into any databases that have been authorized for department use and are specific to this type of investigation.
Exhibit 1
The Investigations Division supervisor should provide the Records Supervisor with enough information regarding the number of calls for assistance and number of arrests to meet the reporting requirements to the California Department of Justice as required by Penal Code § 13777. See the Records Division Policy for additional guidance.
600.18: STATE REQUIREMENTS FOR FIREARM INVESTIGATIONS
600.18.1: CALIFORNIA DOJ NOTICE OF LOCATION OF REPORTED LOST OR STOLEN
FIREARM
When notification is received from the California Department of Justice (DOJ) that a firearm purchase matches an entry made into the Automated Firearms System by the Alameda Police Department as lost or stolen, the Investigations Division supervisor shall assign an officer to retrieve the firearm and book the firearm into evidence in accordance with the Property and Evidence Policy. Recovery of the firearm shall be reported pursuant to Penal Code § 11108.2, Penal Code §11108.3, and Penal Code § 11108.5. If appropriate, arrangements may be made to have another state or local law enforcement agency retrieve the firearm on behalf of the Alameda Police Department (Penal Code § 28220).
600.18.2: RELINQUISHMENT OF FIREARMS VERIFICATION
The Investigations Division supervisor shall designate a member to have access to the Armed Prohibited Persons System (APPS) to receive information regarding individuals in the jurisdiction of the Alameda Police Department who have become a prohibited possessor of a firearm registered in their name and have not provided proof of relinquishment. The member shall document steps taken to verify that the individual is no longer in possession of firearms and provide the information to the Records Division for preparation of a quarterly report to the California DOJ (Penal Code § 29813) (see the Records Division Policy for additional guidance).
600.19: USE OF DESIGNATED ROOMS FOR INTERVIEWS AND INTERROGATIONS Designated rooms include polygraphany rooms, voice stress analyzer rooms, and other rooms where it is likely that an interview could turn into an interrogation and arrest of a person. This includes the secure interview rooms at the Alameda Police Department.
600.19.1: WEAPONS CONTROL
Appropriate safety precautions will be taken before conducting interviews in designated rooms. Officers shall secure all weapons in lock boxes or in a secure area.
600.19.2: SECURITY CONCERNS
Officers shall conduct a thorough search of the designated room before and after its use.
Subjects placed in the room will be searched in accordance with constitutional requirements and officer discretion.
Persons who have been arrested should be restrained to the detention bar unless there are at least two sworn members in the room.
Exhibit 1
600.19.3: NUMBER OF PERSONNEL ALLOWED IN THE INTERVIEW ROOM Members should take necessary steps to limit the access and number of personnel to the designated room while in use. Unless there is a need for additional personnel, interviews should be limited to two sworn members.
600.19.4: MEANS AND METHODS FOR SUMMONING ASSISTANCE
Should the need arise to provide assistance to members in the room, other personnel who are monitoring via livestream devices should render assistance.
600.19.5: EQUIPMENT TO BE KEPT IN THE ROOM
Rooms should be equipped with chairs and a table.
600.19.6: ACCESS TO RESTROOMS, WATER, OR COMFORT BREAKS Subjects should be provided access to restrooms, water, and other basic needs while being interviewed. Subjects needing to be escorted out of the room should be guided by a sworn member.
Officers shall not leave any person unattended if they appear to be under a significant amount of duress or a potential threat to themselves.
Exhibit 1
610: Vice, Drugs, and Organized Crime
610.1: PURPOSE AND SCOPE
The investigation of vice, drugs, and organized crime activities can involve large expenditures of time, money, and effort. This policy will help to evaluate the accuracy and credibility of initial information and determine the scope and relative importance of the problem.
610.1.1: Accreditation Standards
This policy pertains to the following CALEA Standards: 43.1.1, 43.1.5
610.2: COMPLAINT HANDLING
When alleged vice, drugs, or organized crime activity information is received, the following details shall be documented:
1. Source
2. Activity
3. Pertinent dates and times
4. Name of the member receiving the information
5. Any other pertinent information
Documentation may be by official police report, memorandum, or CAD incident entry.
Reports regarding vice, drugs, or organized crime activity shall be routed to the Bureau of Support Services. The case may be assigned for follow-up or routed to the appropriate jurisdiction. If the case if routed to another agency, such routing shall be documented in a report or CAD. The Bureau of Support Services shall notify the Chief of Police of any high- profile vice, drugs, or organized crime cases or arrests.
610.3: OPERATIONS
When any surveillance, undercover, or decoy operation is planned, the member in charge of the operation shall prepare an operations plan in accordance with existing procedures prior to engaging in the operation. The member shall also ensure that personnel engaged in the operation are briefed. Members shall not participate in any surveillance, undercover, or decoy operation with outside agencies that do not meet the requirements of this policy. Operations plans are to be approved by the Commander overseeing the incident
Exhibit 1
610.3.1: Operations Plans
The written operations plan will address the needs of each specific situation and will include:
Analysis of a particular crime, victim, and suspects
A determination of the legal ramifications of the operation Familiarization of the involved officers with the objectives and details of the operation and the geographical area of the operation
Pre-determined operational procedures for observation, arrests, surveillance, and high-risk entries
Established means of routine and emergency communication Selection of all necessary equipment and vehicles
Procedures for supplying officers with false identity, disguises, and necessary credentials
Maintenance of overall confidentiality and cover
Designation of a single person as supervisor and coordinator Plans for making contact with suspects
Provisions covering the search and seizure of evidence and contraband Provisions for providing relief, backup security, and perimeter protection personnel for officers
Provisions for obtaining coordination and assistance from others Upon conclusion of an operation, the Commander overseeing the incident shall complete an After Action Report.
Exhibit 1
805: Records Maintenance and Release
805.1: PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of department records.
Protected information is separately covered in the Protected Information Policy.
805.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 82.1.1, 82.1.2
805.2: POLICY
The Alameda Police Department is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 7920.000 et seq.).
805.3: CUSTODIAN OF RECORDS RESPONSIBILITIES
The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include but are not limited to:
a. Managing the records management system for the Alameda Police Department, including the retention, archiving, release, and destruction of department public records.
b. Maintaining and updating the department records retention schedule including:
1. Identifying the minimum length of time the Alameda Police Department must keep records.
2. Identifying the department bureau responsible for the original record. c. Establishing rules regarding the inspection and copying of department public records as reasonably necessary for the protection of such records (Government Code § 7922.525; Government Code § 7922.530).
d. Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying.
e. Establishing rules regarding the processing of subpoenas for the production of records.
f. Ensuring a current schedule of fees for public records as allowed by law is available (Government Code § 7922.530).
g. Determining how the department's website may be used to post public records in accordance with Government Code § 7922.545.
Exhibit 1
h. Ensuring that all department current standards, policies, practices, operating procedures, and education and training materials are posted on the department website in accordance with Penal Code § 13650. i. Ensuring that public records posted on the Alameda Police Department website meet the requirements of Government Code § 7922.680 including but not limited to posting in an open format where a record may be retrieved, downloaded, indexed, and searched by a commonly used internet search application. j. Ensuring that a list and description, when applicable, of enterprise systems (as defined by Government Code § 7922.700) is publicly available upon request and posted in a prominent location on the Alameda Police Department's website (Government Code § 7922.710; Government Code § 7922.720). 805.4: PROCESSING REQUESTS FOR PUBLIC RECORDS
Any department member who receives a request for any record shall route the request to the Custodian of Records or the authorized designee.
805.4.1: REQUESTS FOR RECORDS
Any member of the public, including the media and elected officials, may access unrestricted records of this department, during regular business hours by submitting a written and signed request that reasonably describes each record sought and paying any associated fees (Government Code § 7922.530).
The processing of requests for any record is subject to the following (Government Code § 7922.530; Government Code § 7922.535):
1. The Alameda Police Department is not required to create records that do not exist.
2. Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain department records or information. If identification is required, a current driver's license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 7923.655).
3. Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the Alameda Police Department shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response.
Exhibit 1
1. When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 7922.600).
2. If the record requested is available on the department website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided.
4. Upon request, a record shall be provided in an electronic format utilized by the Alameda Police Department. Records shall not be provided only in electronic format unless specifically requested (Government Code § 7922.570; Government Code § 7922.580).
5. When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released.
1. A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions.
6. If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure. The written response shall also include the names, titles, or positions of each person responsible for the denial (Government Code § 7922.000; Government Code § 7922.540).
805.5: RELEASE RESTRICTIONS
Examples of release restrictions include:
a. Personal identifying information, including an individual's photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any driver license record, motor vehicle record, or any department record, including traffic collision reports, are restricted except as authorized by the Alameda Police Department, and only when Exhibit 1
such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722).
b. Social Security numbers (Government Code § 7922.200). c. Personnel records, medical records, and similar records that would involve an unwarranted invasion of personal privacy except as allowed by law (Government Code § 7927.700; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.).
1. Peace officer personnel records that are deemed confidential shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order.
2. The identity of any officer subject to any criminal or administrative investigation shall not be released without the consent of the involved officer, prior approval of the Chief of Police, or as required by law. d. Victim information that may be protected by statutes, including victims of certain crimes who have requested that their identifying information be kept confidential, victims who are minors, and victims of certain offenses (e.g., sex crimes or human trafficking (Penal Code § 293)). Addresses and telephone numbers of a victim or a witness shall not be disclosed to any arrested person or to any person who may be a defendant in a criminal action unless it is required by law (Government Code § 7923.615; Penal Code § 841.5).
1. Victims of certain offenses (e.g., domestic violence, sexual assault, stalking, human trafficking, elder and dependent adult abuse) or their representatives shall be provided, upon request and without charge, one copy of all incident report face sheets, one copy of all incident reports, a copy of any accompanying or related photographs of the victim's injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 9-1-1 recordings, if any, pursuant to the requirements and time frames of Family Code § 6228.
2. Victims of sexual assault, upon written request, shall be provided a free copy of the initial crime report regardless of whether the report has been closed.
Personal identifying information may be redacted (Penal Code § 680.2(b)). e. Video or audio recordings created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident except as provided by Government Code § 7923.750.
Exhibit 1
f. Information involving confidential informants, intelligence information, information that would endanger the safety of any person involved, or information that would endanger the successful completion of the investigation or a related investigation.
This includes analysis and conclusions of investigating officers (Evidence Code § 1041; Government Code § 7923.605).
1. Absent a statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Government Code § 7923.605. g. Local criminal history information including but not limited to arrest history and disposition, and fingerprints shall only be subject to release to those agencies and individuals set forth in Penal Code § 13300.
1. All requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, the City Attorney, or the courts pursuant to Penal Code § 1054.5. h. Certain types of reports involving but not limited to child abuse and molestation (Penal Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633), and juveniles (Welfare and Institutions Code § 827). i. Sealed autopsy and private medical information concerning a murdered child with the exceptions that allow dissemination of those reports to law enforcement agents, prosecutors, defendants, or civil litigants under state and federal discovery laws (Code of Civil Procedure § 130).
j. Information contained in applications for licenses to carry firearms or other files that indicates when or where the applicant is vulnerable or which contains medical or psychological information (Government Code § 7923.800). k. Traffic collision reports (and related supplemental reports) shall be considered confidential and subject to release only to the California Highway Patrol, Department of Motor Vehicles (DMV), other law enforcement agencies, and those individuals and their authorized representatives set forth in Vehicle Code § 20012. l. Any record created exclusively in anticipation of potential litigation involving this department (Government Code § 7927.200).
m. Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 7927.205). n. Records relating to the security of the department's electronic technology systems (Government Code § 7929.210).
Exhibit 1
o. A record of a complaint, or the investigations, findings, or dispositions of that complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5, or if the complaint is unfounded (Penal Code § 832.7 (b)(9)). p. Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including but not limited to provisions of the Evidence Code relating to privilege (Government Code § 7927.705).
q. Information connected with juvenile court proceedings or the detention or custody of a juvenile. Federal officials may be required to obtain a court order to obtain certain juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions Code § 827.95; Welfare and Institutions Code § 831). r. To distinguish juvenile records, juvenile entries will be written in white font against a black background in the Records Management System.
805.6: SUBPOENAS AND DISCOVERY REQUESTS
Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.
Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the District Attorney, City Attorney or the courts.
All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Alameda Police Department so that a timely response can be prepared.
805.6.1: RECORDS PURGING
It is the responsibility of the Records Manager to oversee the records destruction process, ensure compliance with applicable law, set up a schedule for the timely destruction of obsolete records, and maintain a procedural manual outlining the process.
In addition, it will be the responsibility of the Records Manager to ensure all records section personnel are trained in appropriate records purging protocols, and that they follow the procedures outlined in the manual.
Unless ordered by a court or statute to seal or expunge juvenile information, records pertaining to juveniles will not automatically be sealed or expunged upon the juvenile reaching adult age. If ordered by the court to seal or expunge records, the Custodian of Exhibit 1
Records will comply with the specific directions of that order and seal the record in RMS by removing access.
805.7: RELEASED RECORDS TO BE MARKED
Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the department name and to whom the record was released.
Each audio/video recording released should include the department name and to whom the record was released.
805.8: SEALED RECORD ORDERS
Sealed record orders received by the Alameda Police Department shall be reviewed for appropriate action by the Custodian of Records. The Custodian of Records shall seal such records as ordered by the court. Records may include but are not limited to a record of arrest, investigation, detention, or conviction. Once the record is sealed, members shall respond to any inquiry as though the record did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781).
When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal Code § 851.91, Penal Code § 1000.4, or Penal Code § 1001.9, the Records Supervisor shall ensure that the required notations on local summary criminal history information and police investigative reports are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92.
805.8.1: SEALING JUVENILE RECORDS
Upon receiving notice from a probation department to seal a citation, juvenile arrest records, or other related records pursuant to Welfare and Institutions Code § 786.5, the Records Supervisor should ensure that the records are sealed within 60 days of that notice and that the probation department is notified once the records have been sealed (Welfare and Institutions Code § 786.5).
Upon receiving a list of juvenile arrest records that are eligible to be sealed from the California Department of Justice (DOJ), the Records Supervisor or the authorized designee shall review the records identified in the list and determine if the records are eligible to be sealed in accordance with Welfare and Institutions Code § 781.2. Within six months of receiving the list, the Records Supervisor or the authorized designee shall electronically report to the DOJ which records were sealed (Welfare and Institutions Code § 781.2).
805.9: SECURITY BREACHES
The Records Supervisor shall ensure notice is given anytime there is a reasonable belief an unauthorized person has acquired either unencrypted personal identifying information or encrypted personal information along with the encryption key or security credential stored in any Alameda Police Department information system (Civil Code § 1798.29).
Exhibit 1
Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the Alameda Police Department determines that notification will impede a criminal investigation or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
For the purposes of this requirement, personal identifying information includes an individual's first name or first initial and last name in combination with any one or more of the following (Civil Code § 1798.29):
a. Social Security number
1. Driver license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual
2. Account number or credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual's financial account
3. Medical information
4. Health insurance information
5. Information or data collected by Automated License Plate Reader (ALPR) technology
6. Unique biometric data
7. Genetic data
b. A username or email address, in combination with a password or security question and answer that permits access to an online account
805.9.1: FORM OF NOTICE
1. The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following:
1. The date of the notice.
2. Name and contact information for the Alameda Police Department.
Exhibit 1
3. A list of the types of personal information that were or are reasonably believed to have been acquired.
4. The estimated date or date range within which the security breach occurred.
5. Whether the notification was delayed as a result of a law enforcement investigation.
6. A general description of the security breach.
7. The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number.
2. The notice may also include information about what the Alameda Police Department has done to protect individuals whose information has been breached and may include information on steps that the person whose information has been breached may take to protect him/herself (Civil Code § 1798.29).
3. When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit access to an online account, and no other personal information has been breached (Civil Code § 1798.29):
1. Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the Alameda Police Department in addition to any other online accounts for which the person uses the same username or email address and password or security question and answer.
2. When the breach involves an email address that was furnished by the Alameda Police Department, notification of the breach should not be sent to that email address but should instead be made by another appropriate medium as prescribed by Civil Code § 1798.29.
805.9.2: MANNER OF NOTICE
1. Notice may be provided by one of the following methods (Civil Code § 1798.29):
1. Written notice.
2. Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001.
Exhibit 1
3. Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the Alameda Police Department does not have sufficient contact information. Substitute notice shall consist of all of the following:
1. Email notice when the Alameda Police Department has an email address for the subject person.
2. Conspicuous posting of the notice on the department’s webpage for a minimum of 30 days.
4. Notification to major statewide media and the California Information Security Office within the California Department of Technology.
2. If a single breach requires the Alameda Police Department to notify more than 500 California residents, the Alameda Police Department shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General.
805.10: RELEASE OF AUDIO OR VIDEO RECORDINGS RELATED TO CRITICAL
INCIDENTS
Video and audio recordings related to critical incidents shall be released upon a proper public record request and subject to delayed release, redaction, and other release restrictions as provided by law (Government Code § 7923.625).
For purposes of this section, a video or audio recording relates to a critical incident if it depicts an incident involving the discharge of a firearm at a person by an officer, or depicts an incident in which the use of force by an officer against a person resulted in death or in great bodily injury (as defined by Penal Code § 243(f)(4)) (Government Code § 7923.625).
The Custodian of Records should work as appropriate with the Chief of Police or the Professional Standards Unit supervisor in determining what recordings may qualify for disclosure when a request for a recording is received and if the requested recording is subject to delay from disclosure, redaction, or other release restrictions.
805.10.1: DELAY OF RELEASE
Disclosure of critical incident recordings during active criminal or administrative investigations may be delayed as follows if disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source:
1. Disclosure may be delayed up to 45 days from the date the Alameda Police Department knew or reasonably should have known about the incident.
Exhibit 1
2. Delay of disclosure may continue after the initial 45 days and up to one year if the Alameda Police Department demonstrates that disclosure would substantially interfere with the investigation.
3. Any delay of disclosure longer than one year must be supported by clear and convincing evidence that disclosure would substantially interfere with the investigation (Government Code § 7923.625).
805.10.2: NOTICE OF DELAY OF RELEASE
When there is justification to delay disclosure of a recording, the Custodian of Records shall provide written notice to the requester as follows (Government Code § 7923.625):
a. During the initial 45 days, the Custodian of Records shall provide the requester with written notice of the specific basis for the determination that disclosure would substantially interfere with the investigation. The notice shall also include the estimated date for the disclosure.
b. When delay is continued after the initial 45 days, the Custodian of Records shall promptly provide the requester with written notice of the specific basis for the determination that the interest in preventing interference with an active investigation outweighs the public interest in the disclosure, and the estimated date for the disclosure. The Custodian of Records should work with the Chief of Police in reassessing the decision to continue withholding a recording and notify the requester every 30 days.
Recordings withheld shall be disclosed promptly when the specific basis for withholding the recording is resolved.
805.10.3: REDACTION
If the Custodian of Records, in consultation with the Chief of Police or the authorized designee, determines that specific portions of the recording may violate the reasonable expectation of privacy of a person depicted in the recording, the Alameda Police Department should use redaction technology to redact portions of recordings made available for release. The redaction should not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording, and the recording should not otherwise be edited or altered (Government Code § 7923.625).
If any portions of a recording are withheld to protect the reasonable expectation of privacy of a person depicted in the recording, the Custodian of Records shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served (Government Code § 7923.625).
805.10.4: RECORDINGS WITHHELD FROM PUBLIC DISCLOSURE
If the reasonable expectation of privacy of a person depicted in the recording cannot adequately be protected through redaction, and that interest outweighs the public interest in disclosure, the Alameda Police Department may withhold the recording from the public, Exhibit 1
except that the recording, either redacted or unredacted, shall be disclosed promptly, upon request, to any of the following (Government Code § 7923.625):
a. The person in the recording whose privacy is to be protected, or the person's authorized representative.
b. If the person is a minor, the parent or legal guardian of the person whose privacy is to be protected.
c. If the person whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased person whose privacy is to be protected.
If the Alameda Police Department determines that this disclosure would substantially interfere with an active criminal or administrative investigation, the Custodian of Records shall provide the requester with written notice of the specific basis for the determination and the estimated date of disclosure (Government Code § 7923.625).
The Alameda Police Department may continue to delay release of the recording from the public for 45 days with extensions as provided in this policy (Government Code § 7923.625).
Exhibit 1
900: Temporary Custody of Adults
900.1: PURPOSE AND SCOPE
This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Alameda Police Department for processing or testing prior to being released or transferred to a housing or other type of facility, as well as the health and safety of Alameda Police Department members and the community.
Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.
Juveniles will not be permitted where adults in custody are being held.
Custodial searches are addressed in the Custodial Searches Policy.
Additional guidance for transferring persons in custody to another facility or court is provided in the Transporting Persons in Custody Policy.
900.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 71.1.1, 71.1.2, 71.2.2, 71.3.1, 71.3.2,
71.4.1 900.1.2: DEFINITIONS
Definitions related to this policy include:
Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure that prevents the occupants from being directly visually monitored at all times by a member of the Alameda Police Department.
Safety checks - Direct, visual observation 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 adults in temporary custody as well as escape prevention.
Temporary custody - The time period an adult is in custody at the Alameda Police Department prior to being released or transported to a housing or other type of facility.
900.2: POLICY
The Alameda Police Department is committed to releasing adults from temporary custody as soon as reasonably practicable, and to keeping adults safe while in temporary custody at the Alameda Police Department. Adults should be in temporary custody only for as long as reasonably necessary for investigation, processing, transfer or release.
900.3: GENERAL CRITERIA AND SUPERVISION
No adult should be in temporary custody for longer than six hours.
Exhibit 1
900.3.1: INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Alameda Police Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate. These include:
1. Any individual who is unconscious or has been unconscious while being taken into custody or while being transported.
2. Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision, or medication while in temporary custody.
3. Any individual who is seriously injured.
4. Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy).
1. If the officer taking custody of an individual believes that the individual may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030).
5. Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy.
6. Individuals who are under the influence of alcohol, a controlled substance, or any substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated.
7. Any individual who has exhibited extremely violent or continuously violent behavior including behavior that results in the destruction of property or demonstrates an intent to cause physical harm to themselves or others (15 CCR 1053; 15 CCR 1055).
8. Any individual who claims to have, is known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051).
9. Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to the individual's health or safety.
10. Any individual with an obvious developmental disability (15 CCR 1057).
11. Any individual who appears to be a danger to themselves or others due to a behavioral crisis, or who appears gravely disabled (15 CCR 1052).
Exhibit 1
12. Any individual who needs restraint beyond the use of handcuffs or shackles for security reasons (15 CCR 1058).
13. Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213).
Officers taking custody of a person who exhibits any of the above conditions should notify a supervisor of the situation. These individuals should not be in temporary custody at the Alameda Police Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances.
900.3.2: SUPERVISION IN TEMPORARY CUSTODY
An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. The member responsible for supervising should not have other duties that could unreasonably conflict with the member's supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody has a hearing or speech impairment, accommodations shall be made to provide this ability.
At least one female department member should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process (15 CCR 1027).
Absent exigent circumstances, such as a medical emergency or a violent subject, members should not enter the cell of a person of the opposite sex unless a member of the same sex as the person in custody is present (Penal Code § 4021).
No individual in custody shall be permitted to supervise, control, or exert any authority over other individuals in custody.
900.3.3: STAFFING PLAN
The Chief of Police or the authorized designee shall ensure a staffing plan is prepared and maintained, indicating assigned personnel and their duties. The plan should ensure that at least one member who meets the training standards established by the Board of State and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times (15 CCR 1028).
The staffing plan shall be available for biennial review by BSCC staff. The review and recommendations of the BSCC biennial review shall be forwarded to the City, as required by 15 CCR 1027.
900.3.4: ENTRY RESTRICTIONS
Entry into any location where a person is held in custody should be restricted to:
Exhibit 1
a. Authorized members entering for official business purposes. b. Emergency medical personnel when necessary.
c. Any other person authorized by the Watch Commander.
When practicable, more than one authorized member should be present for entry into a location where a person is held in custody for security purposes and to witness interactions.
900.4: INITIATING TEMPORARY CUSTODY
The officer responsible for an individual in temporary custody should evaluate the person for any apparent chronic illness, disability, vermin infestation, possible communicable disease, or any other potential risk to the health or safety of the individual or others.
The officer should specifically ask if the individual is contemplating suicide and evaluate the individual for obvious signs or indications of suicidal intent.
The receiving officer should ask the arresting officer if there is any statement, indication, or evidence surrounding the individual's arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. If there is any suspicion that the individual may be suicidal, the individual shall be transported to the City jail or the appropriate mental health facility.
The officer should promptly notify the Watch Commander of any conditions that may warrant immediate medical attention or other appropriate action. The Watch Commander shall determine whether the individual will be placed in a cell, immediately released, or transported to jail or other facility.
900.4.1: SCREENING AND PLACEMENT
The officer responsible for an individual in custody shall (15 CCR 1050):
1. Advise the Watch Commander of any significant risks presented by the individual (e.g., suicide risk, health risk, violence).
2. Evaluate the following issues against the stated risks in (a) to determine the need for placing the individual in a single cell:
1. Consider whether the individual may be at a high risk of being sexually abused based on all available known information (28 CFR 115.141), or whether the person is facing any other identified risk.
2. Provide any individual identified as being at a high risk for sexual or other victimization with heightened protection. This may include (28 CFR 115.113; 28 CFR 115.141):
Exhibit 1
1. Continuous, direct sight and sound supervision.
2. Single-cell placement in a cell that is actively monitored on video by a member who is available to immediately intervene.
3. Ensure individuals are separated according to severity of the crime (e.g., felony or misdemeanor).
4. Ensure males and females are separated by sight and sound when in cells.
5. Ensure restrained individuals are not placed in cells with unrestrained individuals.
3. Ensure that those confined under civil process or for civil causes are kept separate from those who are in temporary custody pending criminal charges.
4. Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual orientation.
900.4.2: CONSULAR NOTIFICATION
Consular notification may be mandatory when certain foreign nationals are arrested.
The Field ServicesBureau Commander will ensure that the U.S. Department of State's list of countries and jurisdictions that require mandatory notification is readily available to department members. There should also be a published list of foreign embassy and consulate telephone and fax numbers, as well as standardized notification forms that can be transmitted and then retained for documentation. Prominently displayed signs informing foreign nationals of their rights related to consular notification should also be posted in areas used for the temporary custody of adults.
Alameda Police Department members assigned to process a foreign national shall:
1. Inform the individual, without delay, that the individual may have the individual's consular officers notified of the arrest or detention and may communicate with them.
1. This notification should be documented.
2. Determine whether the foreign national's country is on the U.S. Department of State's mandatory notification list.
1. If the country is on the mandatory notification list, then:
1. Notify the country's nearest embassy or consulate of the arrest or detention by fax or telephone.
Exhibit 1
2. Tell the individual that this notification has been made and inform the individual without delay that the individual may communicate with consular officers.
3. Forward any communication from the individual to the individual's consular officers without delay.
4. Document all notifications to the embassy or consulate and retain the faxed notification and any fax confirmation for the individual's file.
2. If the country is not on the mandatory notification list and the individual requests that the individual's consular officers be notified, then:
1. Notify the country's nearest embassy or consulate of the arrest or detention by fax or telephone.
2. Forward any communication from the individual to the individual's consular officers without delay.
900.5: SAFETY, HEALTH AND OTHER PROVISIONS
900.5.1: TEMPORARY CUSTODY LOGS
Any time an individual is in temporary custody at the Alameda Police Department, the custody shall be promptly and properly documented in a custody log, including:
a. Identifying information about the individual, including the individual's name. b. Date and time of arrival at the Alameda Police Department. c. Any charges for which the individual is in temporary custody and any case number. d. Time of all safety checks (15 CCR 1027; 15 CCR 1027.5). e. Any medical and other screening requested and completed. f. Any emergency situations or unusual incidents.
g. Any other information that may be required by other authorities, such as compliance inspectors.
h. Date and time of release from the Alameda Police Department.
The Watch Commander should initial the log to approve the temporary custody and should also initial the log when the individual is released from custody or transferred to another facility.
Exhibit 1
The Watch Commander should make periodic checks to ensure all log entries and safety and security checks are made on time.
900.5.2: TEMPORARY CUSTODY REQUIREMENTS
Members monitoring or processing anyone in temporary custody shall ensure:
1. Safety checks and significant incidents/activities are noted on the log.
2. Individuals 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 individual is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
3. There is reasonable access to toilets and wash basins.
4. There is reasonable access to food, a drinking fountain, or water.
5. There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained.
6. There is privacy during attorney visits.
7. Those in temporary custody are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody.
8. Clean blankets are provided as reasonably necessary to ensure the comfort of an individual.
1. The supervisor should ensure that there is an adequate supply of clean blankets.
9. Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape.
10. Adequate furnishings are available, including suitable chairs or benches.
900.5.3: MEDICAL CARE
First-aid equipment and basic medical supplies should be available to department members Exhibit 1
(15 CCR 1220). At least one member who has current certification in basic first aid and CPR should be on-duty at all times.
Should a person in custody be injured or become ill, appropriate medical assistance should be sought. A supervisor should meet with those providing medical aid at the facility to allow access to the person. Members shall comply with the opinion of medical personnel as to whether an individual in temporary custody should be transported to the hospital. If the person is transported while still in custody, the person will be accompanied by an officer.
Those who require medication while in temporary custody should not be at the Alameda Police Department. They should be released or transferred to another facility as appropriate.
900.5.4: ORTHOPEDIC OR PROSTHETIC APPLIANCE
Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or prosthetic appliance. However, if the member supervising the individual has probable cause to believe the possession of the appliance presents a risk of bodily harm to any person or is a risk to the security of the facility, the appliance may be removed from the individual unless its removal would be injurious to the individual's health or safety.
Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be promptly apprised of the reason. It shall be promptly returned when it reasonably appears that any risk no longer exists (Penal Code § 2656; 15 CCR 1207). 900.5.5: RELIGIOUS ACCOMMODATION
Subject to available resources, safety and security, the religious beliefs and needs of all individuals in custody should be reasonably accommodated (15 CCR 1072). Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the request is the least restrictive means available to ensure security or safety. The responsible supervisor should be advised any time a request for religious accommodation is denied.
Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances. Head coverings shall be searched before being worn.
Individuals wearing headscarves or other approved coverings shall not be required to remove them while in the presence of or while visible to the opposite sex if they so desire.
Religious garments that substantially cover the individual’s head and face may be temporarily removed during the taking of any photographs.
900.5.6: TELEPHONE CALLS
Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). Additional calls may be made as reasonable and necessary (15 CCR 1067). In Exhibit 1
providing further access to a telephone beyond that required by Penal Code § 851.5, legitimate law enforcement interests such as officer safety, effect on ongoing criminal investigations, and logistics should be balanced against the individual's desire for further telephone access.
1. Telephone calls may be limited to local calls, except that long-distance calls may be made by the individual at the individual's own expense.
1. The Alameda Police Department should pay the cost of any long-distance calls related to arranging for the care of a child or dependent adult (see the Child and Dependent Adult Safety Policy).
2. The provisions of Penal Code § 851.5 concerning this issue shall be posted in bold, block type in a conspicuous place within the facility.
2. The individual should be given sufficient time to contact whomever the individual desires and to make any necessary arrangements, including child or dependent adult care, or transportation upon release.
1. Telephone calls are not intended to be lengthy conversations. The member assigned to monitor or process the individual may use the member's judgment in determining the duration of the calls.
2. Within three hours of the arrest, the member supervising the individual should inquire whether the individual is a custodial parent with responsibility for a minor child, and notify the individual that the individual may make two additional telephone calls to a relative or other person for the purpose of arranging for the care of minor children (Penal Code § 851.5).
3. Calls between an individual in temporary custody and the individual's attorney shall be deemed confidential and shall not be monitored, eavesdropped upon, or recorded (Penal Code § 851.5(b)(1); 15 CCR 1068).
4. Individuals who are known to have, or are perceived by others as having, hearing or speech impairments shall be provided access to a telecommunication device which will facilitate communication (15 CCR 1067).
900.5.7: FIREARMS AND OTHER SECURITY MEASURES
Firearms and other weapons and control devices shall not be permitted in secure areas where individuals are in custody or are processed. They should be properly secured outside of the secure area. An exception may occur only during emergencies, upon approval of a supervisor.
Exhibit 1
All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning, when no individuals in custody are present or in the event of an emergency, such as an evacuation.
900.5.8: ATTORNEYS AND BAIL BONDSMEN
a. An attorney may visit at the request of the individual in custody or a relative (Penal Code § 825).
b. Attorneys and bail bondsmen who need to interview an individual in custody should do so inside a secure interview room.
c. The individual in custody as well as the attorney or bail bondsman should be searched for weapons prior to being admitted to the interview room and at the conclusion of the interview.
d. Attorneys must produce a current California Bar card as well as other matching appropriate identification.
e. Interviews between attorneys and their clients shall not be monitored or recorded (15 CCR 1068).
900.5.9: DISCIPLINE
Discipline will not be administered to any individual in custody at this facility. Any individual in custody who repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable.
Such conduct should be documented and reported to the receiving facility (15 CCR 1081).
900.5.10: REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM In addition to a custody log entry, any incident that results in physical harm or serious threat of physical harm to a member, person in custody, or any other person shall be documented as stated in the Use of Force or Occupational Disease and Work-Related Injury Reporting policies, or other applicable reporting process. A copy of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable.
The Watch Commander will retain a record of these reports for inspection purposes (15 CCR 1044).
900.5.11: EMERGENCY ALARMS
Members should have reasonable access to emergency alarms (i.e., duress/panic alarms), either as part of an installed system or as a function on members' portable radios. Members entering a secured area not equipped with an installed emergency alarm system shall carry portable radios when a person in temporary custody is present.
900.6: USE OF RESTRAINT DEVICES
Individuals in custody may be handcuffed in accordance with the Handcuffing and Exhibit 1
Restraints Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed when the person is in a cell.
The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals in temporary custody at the Alameda Police Department unless the person presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy.
Individuals in temporary custody should only be secured to a fixed object if the object is designed and intended for such use.
Individuals in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse.
900.6.1: PREGNANT ADULTS
Adults who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy.
900.7: PERSONAL PROPERTY
The personal property of an individual in temporary custody should be removed, inventoried, and processed as provided in the Custodial Searches Policy, unless the individual requests a different disposition. For example, an individual may request property (i.e., cash, car or house keys, medications) be released to another person. A request for the release of property to another person must be made in writing. Release of the property requires the recipient's signature on the appropriate form.
Upon release of an individual from temporary custody, the individual's items of personal property shall be compared with the inventory, and the individual shall sign a receipt for the property's return. If the individual is transferred to another facility or court, the member transporting the individual is required to obtain the receiving person's signature as notice of receipt. The Alameda Police Department shall maintain a copy of the property receipt.
The Watch Commander shall be notified whenever an individual alleges that there is a shortage or discrepancy regarding the individual's property. The Watch Commander shall attempt to prove or disprove the claim.
900.8: HOLDING CELLS
A thorough inspection of a cell shall be conducted before placing an individual into the cell to ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection also should be conducted when the individual is released. Any damage noted to the cell should be photographed and documented.
The following requirements shall apply:
Exhibit 1
1. The individual shall be searched (see the Custodial Searches Policy), and anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces, and jackets, shall be removed.
2. The individual shall constantly be monitored by an audio/video system during the entire custody.
3. The individual shall have constant auditory access to department members.
4. The individual's initial placement into and removal from a locked enclosure shall be logged.
5. Safety checks by department members shall occur no less than every 15 minutes (15 CCR 1027.5).
1. Safety checks should be at varying times.
2. All safety checks shall be logged.
3. The safety check should involve questioning the individual as to the individual's well-being.
4. Individuals who are sleeping or apparently sleeping should be awakened.
5. Requests or concerns of the individual should be logged. 900.8.1: USE OF SOBERING CELL
Individuals who are to be held in the temporary holding facility and who present a threat to their own safety or the safety of others due to their state of intoxication should be placed in a sobering cell until their condition allows for continued processing.
The following guidelines apply when placing any individual in a sobering cell (15 CCR 1056):
a. Placement of an individual into the cell requires approval of the Watch Commander. b. A cell log shall be initiated every time an individual is placed in the cell. The log shall be maintained for the entire time the individual is housed in the cell. c. A safety check consisting of direct visual observation sufficient to assess the individual's well-being and behavior shall occur at least once every 30 minutes with no more than a 15-minute lapse between safety checks. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.
Exhibit 1
d. Under no circumstances shall an individual be held in a sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that the individual does not have an urgent medical issue.
e. Individuals will be removed from the cell when they no longer pose a threat to their own safety and the safety of others, and are able to continue processing. 900.9: SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY
The Field Services Bureau Commanderwill ensure procedures are in place to address any suicide attempt, death, or serious injury of any individual in temporary custody at the Alameda Police Department. The procedures should include the following:
a. Immediate request for emergency medical assistance if appropriate b. Immediate notification of the Watch Commander, Chief of Police, and Criminal Investigations Bureau Commander
c. Notification of the spouse, next of kin, or other appropriate person
1. In-custody death notification shall be made within 24 hours as provided by Penal Code § 4032.5.
d. Notification of the appropriate prosecutor
e. Notification of the City Attorney
f. Notification of the Coroner
g. Evidence preservation
h. In-custody death review reports in compliance with 15 CCR 1046
1. A copy of the initial review report of an in-custody death shall be provided to the BSCC within 60 days of the death.
i. Preparation of a written report to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525)
1. A copy of the report submitted to the Attorney General shall also be submitted to the BSCC within 10 days of the death (15 CCR 1046).
2. Any change or new information that becomes available after the initial reporting to the Attorney General shall be updated in the report and Exhibit 1
provided to the Attorney General within 10 days of the date of the change or the date the new information becomes available.
900.9.1: IN-CUSTODY DEATH PUBLICATION
The Chief of Police or the authorized designee should ensure that all specified information relating to an in-custody death is posted on the department website as prescribed and within the time frames provided in Penal Code § 10008.
900.10: RELEASE AND/OR TRANSFER
When an individual is released or transferred from custody, the member releasing the individual should ensure the following:
1. All proper reports, forms, and logs have been completed prior to release.
2. A check has been made to ensure that the individual is not reported as missing and does not have outstanding warrants.
3. It has been confirmed that the correct individual is being released or transported.
4. All property, except evidence, contraband, or dangerous weapons, has been returned to, or sent with, the individual.
5. All pertinent documentation accompanies the individual being transported to another facility (e.g., copies of booking forms, medical records, an itemized list of the individual's property, warrant copies).
6. The individual is not permitted in any nonpublic areas of the Alameda Police Department unless escorted by a member of the Alameda Police Department.
7. Any known threat or danger the individual may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation transported with the individual if the individual is being sent to another facility.
8. Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the person being transferred to assist with the person's personal needs as reasonable. 900.10.1: FORM REQUEST FOR PETITION TO SEAL RECORDS
Upon request, a detained arrestee released from custody shall be provided with the appropriate Judicial Council forms to petition the court to have the arrest and related records sealed (Penal Code § 851.91).
The Alameda Police Department shall display the required signage that complies with Penal Code § 851.91 advising an arrestee of the right to obtain the Judicial Council forms.
Exhibit 1
900.11: ASSIGNED ADMINISTRATOR
The Field Services Bureau Commander will ensure any reasonably necessary supplemental procedures are in place to address the following issues (15 CCR 1029):
a. General security
b. Key control
c. Sanitation and maintenance
d. Emergency medical treatment (15 CCR 1200)
e. Escapes
f. Evacuation plans
g. Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032
h. Disaster plans (e.g., natural disasters)
i. Building and safety code compliance
j. Civil and other disturbances including hostage situations k. Periodic testing of emergency equipment
l. Emergency suspension of Title 15 regulations and notice to the BSCC as required in 15 CCR 1012
m. Inspections and operations reviews
n. Any other applicable requirements under 15 CCR 1029
Annual review and evaluation of security measures including internal and external security measures, sanitation, safety, and maintenance (15 CCR 1280).
These supplemental procedures shall be reviewed and updated no less than every two years and shall be available to all members (15 CCR 1029).
900.12: INSPECTIONS
All rooms used for temporary custody are to be inspected for cleanliness and safety before and after use.
Exhibit 1
900.13: ADMINISTRATIVE REVIEW
An administrative review of the temporary detention facilities shall be conducted by the Bureau of Services annually and provide recommendations for policy or training modifications. The review should identify whether the policies and procedures governing temporary detention are being followed, and whether the facilities meet the department's needs. This should include a review of secure, non-secure, and testing rooms.
900.14: Training
All department personnel who detain or process adults shall:
Receive initial training on policy and procedures for the use of designated detention rooms or areas,
Review this policy annually, and
Receive in-service training on the procedures for the use of temporary detention rooms and areas every four years or when modifications have been made to the facility equipment or procedures.
902: Transporting Persons in Custody
902.1: PURPOSE AND SCOPE
This policy provides guidelines for transporting persons who are in the custody of the Alameda Police Department.
See the Handcuffing and Restraints Policy for additional guidance.
902.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 70.1.1, 70.1.2, 70.1.6, 70.1.7, 70.1.8,
70.2.1, 71.1.2
Exhibit 1
902.2: POLICY
It is the policy of the Alameda Police Department to provide safe, secure, and humane transportation for all persons in custody.
902.3: [DivisionOperations] [DivisionCommander] RESPONSIBILITIES The Field ServicesBureau Commander should establish related procedures for:
• Safely transporting persons who have their legs restrained. • Seating placement of persons being transported in vehicles with and without safety barriers.
902.4: [Officer_Deputy] RESPONSIBILITIES
Persons in custody should be transported in a vehicle properly equipped to transport passengers. They should be appropriately restrained and positioned during transport.
Officers transporting a person in custody should:
a. Search all areas of the vehicle accessible to a person in custody before and after each transport.
b. Immediately search persons in custody after arrest, when receiving the person from the custody of another officer, and before transferring the person. Refer to the Custodial Searches Policy before conducting any search other than a field search.
1. Whenever practicable, a search should be conducted by an officer of the same gender as the person being searched. If an officer of the same gender is not reasonably available, a witnessing officer should be present during the search.
c. Provide Dispatch with any required notifications (e.g., start time, mileage, end time). d. Properly secure all property.
e. Use audio/video equipment (when properly equipped) to observe and record any person in custody during transport (see the Mobile Audio/Video and Body-Worn Camera policies for additional guidance).
f. Make a reasonable effort to prevent inappropriate conversations between persons being transported (e.g., demeaning or insulting language) or conversations between a person being transported and someone outside the vehicle. g. Plan travel times and routes to avoid situations that might impede transportation (e.g., heavy traffic, unfavorable road conditions, extreme weather) when reasonably practicable.
Exhibit 1
h. Make a verbal welfare check with a person in custody at least every 10 minutes.
Provide sufficient visual observation and audio communication during the transport of:
1. Individuals in auxiliary restraints.
2. Individuals in leg restraints.
3. Individuals wearing a spit hood.
4. Individuals who are a suspected suicide risk.
i. Verify that the vehicle's security devices (e.g., window and rear-door child-safety locks) are activated.
j. Assess uncooperative persons who cannot or will not sit upright for a medical condition (see the Medical Aid and Response Policy for additional guidance):
1. If no medical condition exists, alternative transportation should be arranged (e.g., a special transport van).
902.4.1: JAIL PROCEDURES
Ensure all firearms and all other weapons not allowed within the custodial facility are appropriately secured before the detainee is removed from the vehicle. Ensure all detainees transported to the custodial facility are appropriately restrained until otherwise instructed by the receiving custody official. Ensure all pertinent documentation accompanies the detainee such as copies of booking forms, warrant abstracts, medical records, itemized list of the detainee's property, etc. The documentation shall be handed to the receiving custody official. Ensure that any known threat or danger the detainee may pose is shared with the receiving custody official. This includes information such as the detainee being an escape risk, having suicidal ideation, or having a serious medical condition. Obtain documentation confirming the transfer of custody. This is reflected in the booking form.
902.5: TRANSPORT RESTRICTIONS
When transporting multiple persons, officers:
a. Should not transport persons in custody together. Persons in custody should be transported individually when practicable, or within their own compartment of a multiple-compartment vehicle, unless supervisor approval is received based on unusual circumstances.
1. Juveniles and adults shall not be transported together.
Exhibit 1
2. Persons with known hostilities toward each other, such as mutual combatants or rival gang members, shall not be transported together.
3. Persons of different genders should not be transported together. b. If segregating individuals is not possible, transporting officers should be alert to inappropriate physical or verbal contact and take appropriate action. 902.6: TRANSPORT VANS
An officer trained on the safety and restraint systems of a transport van should be present during the transport van's use for transporting a person in custody.
An officer should assist persons getting into and out of the transport van to avoid falls.
902.7: TRANSPORTING PERSONS IN CUSTODY WHO HAVE A DISABILITY When transporting a person in custody who has a disability, a transporting officer should request assistance as necessary to transport the person in a reasonable and safe manner.
The transporting officer should ensure that any special equipment (e.g., canes, wheelchairs, prosthetics) is transported to the person's destination in a way that does not threaten the safety or security of the person in custody or the officer.
Officers transporting a person who has a disability should consult with the person in custody and use good judgment in determining what, if any, restraining devices may be appropriate based on the person's disability to ensure the security, safety, and dignity of all persons.
902.8: TRANSPORTING ILL OR INJURED PERSONS IN CUSTODY
Except in exceptional cases where alternatives are not reasonably available, officers should not transport persons in custody who are unconscious, have serious injuries, or who may be seriously ill. EMS personnel should be called to handle such transportation.
Officers shall notify a supervisor as soon as practicable when transporting a person in custody to a hospital.
An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes, or when so directed by a Watch Commander.
Any person in custody suspected of having a communicable disease should be transported in compliance with the exposure control plan in the Communicable Diseases Policy.
See the Medical Aid and Response Policy for additional guidance on ill or injured persons in custody.
Exhibit 1
902.9: TRANSPORTING PREGNANT PERSONS IN CUSTODY
Persons in custody who are known to be pregnant should be restrained during transport in the least restrictive manner that is effective for officer safety. Leg restraints, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure themself or others, or damage property.
Absent exceptional circumstances, persons in labor or delivery should not be transported by officers. EMS personnel should be called to handle transportation.
902.10: MENTAL ILLNESS COMMITMENT TRANSPORTS
When transporting any individual for a mental illness commitment, the transporting officer should request that the Communications Center notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual, and whether any special medical care is needed.
Should the person require transport in a medical transport vehicle, and the safety of any person, including the person in custody, requires the presence of an officer during the transport, Watch Commander approval is required before transport commences.
See the Mental Illness Commitments Policy for additional guidance.
902.11: INTERRUPTION OF TRANSPORT
Absent extraordinary circumstances, officers should not interrupt a transport to provide emergency assistance without supervisory approval. Officers encountering an emergency should notify Dispatch and request an appropriate response.
902.12: EXTENDED TRANSPORTS
During transports for extended durations, transporting officers may be required to make necessary stops. With supervisory approval and due consideration for security risks and the in-custody person's health and well-being, these stops should be limited to fuel, meals, bathroom breaks, and other purposes reasonably necessary for the continuation of the transport.
902.13: PROHIBITIONS
When transporting a person in custody, officers should not:
a. Use transport as a form of punishment or retaliation (e.g., intentionally rough rides, excessive heat or cold, obnoxiously loud music).
b. Handcuff a person to any part of a vehicle.
c. Leave the vehicle unattended with the person in custody in the vehicle.
Exhibit 1
d. Allow any person who is not in custody (e.g., friend, family member) to have contact with or be in close proximity to the person in custody. e. Allow any food, drink, or other consumables to be given to the person in custody by anyone other than department personnel or receiving agency personnel. f. Stop to conduct any personal activities.
g. Engage in a pursuit.
902.14: ESCAPES
In the event that a person in custody escapes while being transported, the transporting officer should immediately advise the Communications Center and other units of the escape, provide a description of the escapee, notify the Watch Commander, and submit a written report as soon as practicable describing the circumstances of the escape and any recapture.
The Watch Commander should notify the Chief of Police or the authorized designee upon learning of an escape.
If the escape occurs outside the jurisdiction of the Alameda Police Department, the Watch Commander should notify the appropriate agency or agencies within the jurisdiction where the escape occurred.
902.15: DOCUMENTATION
If a person is injured during transportation, officers should document the injury in the appropriate report. Documentation should include the condition of the person prior to transportation and the known or suspected causes of the injury during transportation (e.g., hitting head, struggling with restraints, fighting with other persons in custody). Any visible or reported injuries should be photographed and included with the report.
902.16: NOTIFICATIONS
Officers should notify a supervisor and any receiving facility of information regarding any circumstances the officer reasonably believes would be potential safety concerns or medical risks to the person (e.g., uncooperative or violent, prolonged struggle, extreme agitation, medical conditions) that may have occurred prior to, or during, transportation.
902.17: TRAINING
The Training Sergeant should provide periodic training on this policy and procedures related to transporting persons in custody, restraint systems, and restraint devices.
Exhibit 1
1000: Recruitment and Selection
1000.1: PURPOSE AND SCOPE
The employment policy of the City of Alameda shall provide equal opportunities for applicants and its employees regardless of race, sexual orientation, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, marital status, military or veteran status, or sex, and shall not show partiality or grant any special favors to any applicant, employee or group of employees. The rules governing employment practices for this department are maintained by the AlamedaDepartment of Human Resources.
1000.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 21.2.2, 31.4.1
Exhibit 1
1000.2: APPLICANT QUALIFICATIONS
Candidates for job openings will be selected based on merit, ability, competence and experience.
All peace officer candidates must meet the minimum standards described in California Government Code § 1031 in addition to the employment standards established by this department.
1000.2.1: VETERAN’S PREFERENCE
Qualifying veterans of the United States armed forces shall receive a veteran’s preference after receiving a passing score on an entrance exam (Government Code § 18973.1). This provision includes widows and widowers of veterans, and spouses of veterans who are 100 percent disabled.
1000.3: POLICY
In accordance with applicable federal, state, and local law, the Alameda Police Department provides equal opportunities for applicants and employees regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. The Alameda Police Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.
The Alameda Police Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards.
1000.4: STANDARDS
Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The AlamedaDepartment of Human Resources maintains standards for all positions. Division Commanders shall conduct a documented review of all job descriptions within their division at least once every four years.
The dilemma facing the Department is one of developing a job-valid and non- discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the Alameda or State of California hiring standards. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which are used as a professional standard in background investigations.
The following standards have been adopted for public safety applicants:
1000.4.1: OPERATION OF A MOTOR VEHICLE
Exhibit 1
A. The ability to possess a valid California driver's license B. The ability to drive safely
C. The ability to control a motor vehicle at high speeds D. The ability to operate a motor vehicle in all types of weather conditions E. The following shall be disqualifying:
a. Receipt of three or more moving violations (or any single violation of a potential life threatening violation, such as reckless driving, speed contest, suspect of a pursuit, etc.) within three years prior to application. Moving violations for which there is a factual finding of innocence shall not be included.
b. Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to date of application.
c. A conviction for driving under the influence of alcohol and/or drugs within three years prior to application or any two convictions for driving under the influence of alcohol and/or drugs.
1000.4.2: INTEGRITY
A. Refusing to yield to the temptation of bribes, gratuities, payoffs, etc.
B. Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel
C. Showing strong moral character and integrity in dealing with the public D. Being honest in dealing with the public
E. The following shall be disqualifying:
a. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies. b. Any forgery, alteration, or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating.
Exhibit 1
1000.4.3: CREDIBILITY AS A WITNESS IN A COURT OF LAW
A. The ability to give testimony in a court of law without being subject to impeachment due to his/her honesty or veracity (or their opposites) or due to prior felony conviction.
B. The following shall be disqualifying:
a. Conviction of any criminal offense classified as a misdemeanor under California law within three years prior to application
b. Conviction for two or more misdemeanor offenses under California law as an adult
c. Conviction of any offense classified as a misdemeanor under California law while employed as a peace officer (including military police officers) d. Admission(s) of having committed any act amounting to a felony (including felony-misdemeanor offenses) under California law, as an adult, within five years prior to application or while employed as a peace officer (including military police officers)
e. Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft
f. Admission(s) of any act of domestic violence as defined by law, committed as an adult
g. Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting or annoying children, child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure. Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts h. Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying
1000.4.4: DEPENDABILITY
A. Having a record of submitting reports on time and not malingering on calls, etc.
B. A record of being motivated to perform well
C. A record of dependability and follow through on assignments Exhibit 1
D. A history of taking the extra effort required for complete accuracy in all details of work
E. A willingness to work the hours needed to complete a job F. The following shall be disqualifying:
a. Missing any scheduled appointment during the process without prior permission
b. Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations
c. Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult
d. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement e. Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability f. Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged. g. Having any outstanding warrant of arrest at time of application. 1000.4.5: LEARNING ABILITY
A. The ability to comprehend and retain information
B. The ability to recall information pertaining to laws, statutes, codes, etc.
C. The ability to learn and to apply what is learned
D. The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer
E. The following shall be disqualifying:
Exhibit 1
a. Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application
b. Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement 1000.4.6: PERSONAL SENSITIVITY
A. The ability to resolve problems in a way that shows sensitivity for the feelings of others.
B. Empathy
C. Discretion, not enforcing the law blindly
D. Effectiveness in dealing with people without arousing antagonism E. The ability to understand the motives of people and how they will react and interact F. The following shall be disqualifying:
a. Having been disciplined by any employer (including the military and/or any law enforcement training facility) for acts constituting racial, ethnic or sexual harassment or discrimination
b. Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation
c. Having been disciplined by any employer as an adult for fighting in the workplace
1000.4.7: JUDGMENT UNDER PRESSURE
A. The ability to apply common sense during pressure situations B. The ability to make sound decisions on the spot
C. The ability to use good judgment in dealing with potentially explosive situations D. The ability to make effective, logical decisions under pressure E. The following shall be disqualifying:
Exhibit 1
a. Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws
b. Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer
1000.4.8: ILLEGAL USE OR POSSESSION OF DRUGS
A. The following examples of illegal drug use or possession will be considered automatic disqualifiers for public safety applicants, with no exceptions:
a. Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment
b. Any adult use or possession of marijuana within one year prior to application for employment
c. Any other illegal adult use or possession of a drug not mentioned above (including cocaine) within three years prior to application for employment d. Any illegal adult use or possession of a drug while employed in any law enforcement capacity, military police, or as a student enrolled in college- accredited courses related to the criminal justice field e. Any adult manufacture or cultivation of a drug or illegal substance f. Failure to divulge to the Department any information about personal illegal use or possession of drugs
g. Any drug test of the applicant, during the course of the hiring process, where illegal drugs are detected
B. The following examples of illegal drug use or possession will be considered in relationship to the overall background of that individual and may result in disqualification:
a. Any illegal use or possession of a drug as a juvenile b. Any illegal adult use or possession of a drug that does not meet the criteria of the automatic disqualifiers specified above (e.g., marijuana use longer than one year ago or cocaine use longer than three years ago.) c. Any illegal or unauthorized use of prescription medications Exhibit 1
1000.5: RECRUITMENT
The Administration Bureau Commander shall employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy shall include:
a. Establishment of a written recruitment plan.
1. The plan shall include an outline of steps for recruiting candidates who are representative of the community. This should include candidates who live in or are from the community, if appropriate and consistent with applicable laws and memorandums of understanding or collective bargaining agreements.
b. Identification of racially and culturally diverse target markets. c. Use of marketing strategies to target diverse applicant pools. d. Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit.
e. Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military. f. Employee referral and recruitment incentive programs. g. Consideration of shared or collaborative regional testing processes.
The Administration Bureau Commander shall avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.
The Alameda Police Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of their status in the recruiting process.
1000.6: SELECTION PROCESS
The Alameda Police Department shall actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects.
Minimally, the Alameda Police Department shall employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following:
Exhibit 1
a. A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record)
1. The personnel records of any applicant with prior peace officer experience in this state shall be requested from the appropriate law enforcement agency and reviewed prior to extending an offer of employment (Penal Code § 832.12).
2. This includes review of prior law enforcement employment information maintained by POST (Penal Code § 13510.9).
b. Driving record
c. Personal and professional reference checks
d. Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents consistent with Labor Code § 1019.1. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. e. Information obtained from public internet sites
1. This review should include the identification of any activity that promotes or supports unlawful violence or unlawful bias against persons based on protected characteristics (e.g., race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability). f. Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.)
g. Local, state, and federal criminal history record checks (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
h. Lie detector test (when legally permissible) (Labor Code § 432.2) i. Medical and psychological examination (may only be given after a conditional offer of employment)
1. The Medical Suitability Declaration (POST form 2-363) provided by the evaluating physician shall be maintained in the candidate's background investigation file (11 CCR 1954).
2. The Psychological Suitability Declaration (POST form 2-364) provided by the evaluator shall be maintained in the candidate's background investigation file (11 CCR 1955).
Exhibit 1
j. Review board or selection committee assessment
k. Relevant national and state decertification records, if available, including the National Decertification Index
1000.6.1: VETERAN’S PREFERENCE
Qualifying veterans of the United States Armed Forces who receive a passing score on an entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent disabled veteran (Government Code § 18973.1).
1000.7: BACKGROUND INVESTIGATION
Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the Alameda Police Department (11 CCR 1953).
The narrative report and any other relevant background information shall be shared with the psychological evaluator. Information shall also be shared with others involved in the hiring process if it is relevant to their respective evaluations (11 CCR 1953).
1000.7.1: NOTICES
Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and the California Investigative Consumer Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16).
1000.7.2: STATE NOTICES
If information disclosed in a candidate’s criminal offender record information (CORI) is the basis for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal Code § 11105).
1000.7.3: REVIEW OF SOCIAL MEDIA SITES
All peace officer candidates shall be subject to a social media search for statements, postings, and/or endorsements made by the candidate that are relevant to suitability for peace officer employment, including bias-relevant information consistent with the requirements of 11 CCR 1955(d)(3) and any public expression of hate made in an online forum, as defined in Penal Code § 13680(g) (11 CCR 1953(e)(12)).
Due to the potential for accessing unsubstantiated, private, or protected information, the Administration Bureau Commander should not require candidates to provide passwords, account information, or access to password-protected social media accounts.
The Administration Bureau Commander should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches, and/or review information from social media sites to ensure that:
a. The legal rights of candidates are protected.
Exhibit 1
b. Material and information to be considered are verified, accurate, and validated. c. The Alameda Police Department fully complies with applicable privacy protections and local, state, and federal law.
Regardless of whether a third party is used, the Administration Bureau Commander should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
1000.7.4: DOCUMENTING AND REPORTING
The background investigator shall summarize the results of the background investigation in a narrative report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall include sections that summarize relevant Background Investigation Dimensions and include any findings of behaviors, traits, and/or attributes relevant to bias per the Bias Assessment Framework as described in the POST Background Investigation Manual. The report shall identify the data sources reviewed for the findings, regardless of weight given. The report shall include narrative information in the format described in 11 CCR 1953(g)(1). The report shall also include whether the candidate has engaged or is engaging in membership in a hate group, participation in hate group activity, or advocacy or public expressions of hate, pursuant to Penal Code § 13680 et seq. (11 CCR 1953).
The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation including relevant documentation of bias-related findings and documentation obtained through the social media search shall be included in the candidate's background investigation file (11 CCR 1953).
The background investigator shall document proof of verification of qualification for peace officer appointment on the Verification of Qualification for Peace Officer Appointment form and forward to the AdministrationBureau Commander for final review and submission to POST (11 CCR 1953).
The background investigation file shall be made available during POST compliance inspections (11 CCR 1953).
1000.7.5: RECORDS RETENTION
The background report and all supporting documentation shall be maintained according to the established records retention schedule and at a minimum as follows (Government Code § 12946; 11 CCR 1953):
a. Reports and documentation for candidates hired by the Alameda Police Department shall be retained for the entire term of employment and a for a minimum of four years after separation from the Alameda Police Department.
Exhibit 1
b. Reports and documentation for candidates not hired by the Alameda Police Department for a minimum of four years.
1000.7.6: BACKGROUND INVESTIGATION UPDATE
A background investigation update may, at the discretion of the Chief of Police, be conducted in lieu of a complete new background investigation on a peace officer candidate who is reappointed within 180 days of voluntary separation from the Alameda Police Department, or who is an interim police chief meeting the requirements contained in 11 CCR 1953(f).
1000.7.7: INVESTIGATOR TRAINING
Background investigators shall complete POST-certified background investigation training prior to conducting investigations (11 CCR 1953; 11 CCR 1959).
1000.7.8: CONFIDENTIAL POST RECORDS
Records released to the Alameda Police Department from POST that were previously withheld from the candidate by POST shall be kept confidential as provided in Penal Code § 13510.9.
1000.8: DISQUALIFICATION GUIDELINES
As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public • Likelihood of recurrence
• Relevance of past behavior to public safety employment • Aggravating and mitigating factors
• Other relevant considerations
A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework.
1000.9: EMPLOYMENT STANDARDS
All candidates shall meet the minimum standards required by state law (Government Code § 1029; Government Code § 1031; Penal Code § 13510.1; 11 CCR 1950 et seq.). Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the Alameda Police Department and the community. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which is used as a professional standard in background investigations.
Exhibit 1
Validated, job-related, and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Department of Human Resources should maintain and periodically review validated standards for all positions.
1000.9.1: STANDARDS FOR [dispatcher]
Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):
a. A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957) b. An oral communication assessment (11 CCR 1958)
c. A medical evaluation (11 CCR 1960)
1000.9.2: STANDARDS FOR [Officers_Deputies]
Candidates shall meet the minimum standards established by POST or required by state law (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.):
1. Free of any felony convictions
2. Be legally authorized to work in the United States under federal law
3. At least 21 years of age except as provided by Government Code § 1031.4
4. Fingerprinted for local, state, and national fingerprint check (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
5. Good moral character as determined by a thorough background investigation (11 CCR 1953)
6. High school graduate, passed the GED or other high school equivalency test, or obtained a two-year, four-year, or advanced degree from an accredited or approved institution
7. Free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation which might adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955)
8. Free of hate group memberships, participation in hate group activities, or advocacy of public expressions of hate within the previous seven years, and since 18 years of age, as determined by a background investigation (Penal Code § 13681) Exhibit 1
9. Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.):
1. Reading and writing ability assessment (11 CCR 1951)
2. Oral interview to determine suitability for law enforcement service (11 CCR 1952)
10. POST certification that has not been revoked, denied, or voluntarily surrendered pursuant to Penal Code § 13510.8(f)
11. Not identified in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or similar federal government database that reflects revoked certification for misconduct or reflects misconduct that would result in a revoked certification in California.
In addition to the above minimum POST required standards, candidates may be subjected to additional standards established by the Alameda Police Department (Penal Code § 13510(d)).
Exhibit 1
1002: Special Assignments and Promotions
1002.1: PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for promotions and for making special assignments within the Alameda Police Department.
1002.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 33.8.2, 34.1.1, 41.1.5
1002.1.2: SELECTION CRITERIA
The selection of personnel to fill vacancies in special assignments shall be based upon candidate's qualifications and job performance.
1002.2: POLICY
The Alameda Police Department determines assignments and promotions in a non- discriminatory manner based upon job-related factors and candidate skills and qualifications. Assignments and promotions are made by the Chief of Police. Promotions are also based upon civil service rules and/or the applicable MOU.
1002.3: SPECIAL ASSIGNMENT DURATION
The following assignments are subject to this policy:
- Canine
- Community Resource Unit
- Investigations
- Personnel & Recruiting
- Traffic/Motors
- Training
Barring an operational need, assignments will typically be assigned at every watch change.
The basic assignment is two years, with the Captain having the discretion to recommend extending the assignment by one year, and the Chief has the discretion to extend the assignment based on the needs of the department, not to exceed a total of six years. In the event an assignment is filled after the start of a watch period, the partial year will not count against the basic assignment of two years.
Officers who rotate out of a special assignment may reapply for an assignment after returning to Patrol for 12 months.
Exhibit 1
Sergeants who rotate out of a special assignment may reapply for an assignment after returning to Patrol for six months.
If no Officer or Sergeant applies for a special assignment, the Chief has the discretion to appoint any member deemed qualified, including any member already in an assignment or otherwise not eligible due to recently rotating out of an assignment.
1002.3.1: EXTENSION REQUEST PROCESS
In order to be considered for an extension, any Officer or Sergeant in a special assignment must apply for the extension by submitting a memorandum of interest to their Division Commander or Bureau Commander if the employee reports to a Captain. The memo should be submitted six months prior to the normal rotation date.
Once the memo requesting an extension is received the Chief of Police will make the final determination.
1002.3.2: RIGHT OF REMOVAL OR EXTENSION
The Chief retains authority to remove personnel who are not working at acceptable levels of performance. The Chief also retains the right to extend an individual over and above the maximum time allowed due to operational needs, only if it is deemed in the best interest of the Department to do so.
1002.3.3: TEMPORARY RELIEF FOR STAFFING SHORTAGES
In the event staffing shortages require an Officer or Sergeant in their first two years of a special assignment to return to the patrol division on a temporary basis, the time served in the patrol division shall be added to the duration of service in the special position up to the next watch change.
1002.4: APPLICATION PROCESS
Whenever practical, announcements of vacancies in specialized assignments will be posted six months prior to the anticipated opening and will include deadline filing dates. Personnel shall submit a memorandum of interest indicating their qualifications and skills relative to the position. The memorandum will be considered in much the same way as a resume for a job opening or promotion. Memorandum should also include the candidate's previous special assignments (regardless of rank) and collateral duties they have actively participated in the last three rating periods.
The Chief, or their designee, may interview the candidates and retains the latitude of selection. The policy and procedures for all positions, including completion of probation, may be waived for temporary assignments, emergency situations, or for training, at the discretion of the Chief.
If the special assignment cannot be filled upon its vacancy, the eligibility list will remain in effect for the watch period in which the vacancy was to be filled.
Exhibit 1
1002.5: PROMOTIONAL REQUIREMENTS
Requirements and information regarding any promotional process are available at the Alameda Department of Human Resources.
1002.5.1: PROMOTIONAL PROCESS ADMINISTRATION
The Chief of Police or the authorized designee is responsible for administering the promotional process. The Department will coordinate this process with the City of Alameda Human Resources Department. The City of Alameda maintains the right of procedure and selection.
1002.5.2: PROMOTIONAL PROCESS ANNOUNCEMENT
The Alameda Police Department will publish written promotional announcements that include the following:
a. Promotional opportunity classification and description b. Requirements for participation
c. Description of the evaluation and selection process
d. Schedule and location of testing
1002.5.3: PROMOTIONAL PROBATIONARY PERIOD
All newly promoted members shall serve a performance-based probationary period as outlined in their bargaining unit’s MOU.
1002.5.4: PROMOTIONAL TRAINING
All newly promoted supervisors shall receive job-related training prior to or within their first year of assuming new responsibilities.
Exhibit 1
1011: Seat Belts
1011.1: PURPOSE AND SCOPE
This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5).
Guidance for transporting persons in custody may be found in the Transporting Persons in Custody and Handcuffing and Restraints policies.
1011.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 70.2.1
1011.1.2: DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213.
1011.2: WEARING OF SAFETY RESTRAINTS
All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non- members, are also properly restrained.
Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement.
1011.3: INOPERABLE SEAT BELTS
Alameda Police Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable.
Alameda Police Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police.
Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system.
Exhibit 1
1011.4: POLICY
It is the policy of the Alameda Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision.
1011.5: TRANSPORTING CHILDREN
Children under the age of 8 shall be transported in compliance with California’s child restraint system requirements (Vehicle Code § 27360; Vehicle Code § 27363).
Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger-side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. A child shall not be transported in a rear-facing child restraint system in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code § 27363).
1011.6: VEHICLES MANUFACTURED WITHOUT SEAT BELTS
Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use.
1011.7: VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy.
All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device.
Exhibit 1
1016: Peer Support Program
1016.1: PURPOSE AND SCOPE
The Alameda Police Department recognizes that employees will be exposed to stress and trauma over the course of their careers. It will be the policy of the Alameda Police Department to continually strive to aid employees during overwhelming times, enhance their overall well-being, and minimize the negative effects that may result from stress and trauma. To this end, the Alameda Police Department has developed a Peer Support Program in addition to the Department's Employee Assistance Program. The program offers assistance, including structured interventions following critical incidents, and appropriate support resources to employees when personal or professional problems negatively affect their work performance, family, or self. The purpose of the Peer Support Program is to provide all employees with the opportunity for confidential peer assistance during times of professional and personal crisis. Peer support is a necessary bridge to professional mental health guidance in trauma support services. The program does not act as a replacement for professional mental health services.
1016.2: PROGRAM STRUCTURE
The AlamedaPolice Peer Support Program is comprised of a team of sworn and professional staff personnel, representing a variety of employee groups in the organization, who have specialized training in assisting peers and their families with the immediate adverse psychological effects following stress and trauma. Team members are trained to provide psychological first aid, support, and referrals. Team members will be led by a team liaison and team coordinator and will work in conjunction with a designated mental health professional and/or Police Chaplain.
(a) The team liaison is a Lieutenant, appointed by the Chief of Police, as the primary liaison between the team, the mental health professional, and management staff. The liaison will be responsible for the team budget, authorizing overtime when necessary, and approving team deployment in extraordinary circumstances. The team liaison will be the only management representative on the Peer Support Team. They will not only serve as the team administrator, but will also be available for services for other department managers.
They will not directly participate in services of non-management employees. (b) The team coordinator is a Sergeant, appointed by the team liaison and approved by the Chief of Police, who coordinates team training, deploys critical incident response, communicates with the mental health professional, tracks follow-up services, and other administrative duties related to the team.
(c) The mental health professional will have specific expertise, experience, education, and training in the field of trauma services with special emphasis on police personnel.
Exhibit 1
(d) The Police Chaplain is appointed by the Chief of Police for the purpose of providing spiritual and emotional support to all members of the Department, their families, and members of the public (see policy 376 - Chaplain Program - for additional information).
1016.3: TEAM MEMBER SELECTION
(a) Team members understand that being a member is voluntary and must be prepared to answer calls for help on a 24-hour basis. Overtime may be authorized by the team liaison for critical incident callouts and subsequent interventions. (b) Team members must be off probation and not be the subject of any on-going disciplinary investigation/action. Team members should not be suffering from any known serious personal problems or psychological stress.
(c) Due to the sensitivity involved, team members will be removed from the team if they violate confidentiality or engage in conduct deemed harmful to the program. A team member may also permanently or temporarily remove himself/herself from the program by submitting a resignation memorandum to the team liaison. (d) Police personnel interested in becoming a team member may submit a memorandum of interest to the team liaison.
1016.4: CONFIDENTIALITY
(a) The Peer Support Program is a confidential program. One of the most important responsibilities of a team member is the promotion of trust, anonymity, and confidentiality.
Therefore, communications between a team member and an employee being assisted is considered privileged by the department unless criminal acts are involved; or where the employee, through words or actions, manifests that there is a clear and present danger to himself/herself, citizen(s), or fellow employees.
(b) A team member cannot be found insubordinate for failure to divulge information obtained in confidence other than for illegal activities. (c) Team members have no legally protected privilege of patient confidentiality as far as court testimony, so team members shall not make or maintain any notes regarding their communications.
(d) A violation of confidentiality, except as mandated, will be grounds for immediate dismissal from the team.
1016.5: PROGRAM FUNCTIONS
(a) Team members volunteer their time by making themselves available for informal peer assistance as needed. Additionally, team members will receive specialized training to perform critical incident call-outs and structured interventions following critical incidents.
Exhibit 1
Team members will be compensated for these later functions as authorized by the team liaison.
(b) A team member's role in administrative investigations is one of support and assisting individuals through the stress they may face during the disciplinary process. Team members will have regard for other policies and procedures and will take care not to hinder the investigation.
(c) The Alameda Police Department will follow the Critical Incident Stress Management (CISM) model developed by the International Critical Incident Stress Foundation (ICISF) which defines the Standard of Care to include: pre-incident and continued traumatic stress education, Critical Incident Stress Management, peer assistance, referral to professional counseling, Critical Incident Stress Debriefings and other group interventions following a critical incident, significant other and family support services, on-scene support services, follow-up services after critical incident interventions, and other support services as required.
(d) The Alameda Police Department will establish collaborative partnerships with other departments with peer support programs for assistance with critical incidents that affect the entire department including peers, wherein outside peers are needed.
1016.6: DEFINITIONS
(a) International Critical Incident Stress Foundation (ICISF): ICISF is a worldwide organization dedicated to the prevention and mitigation of disabling stress through education, training, and support services for all emergency services professions. (b) Critical Incident Stress Management (CISM): A partnership between mental health professionals and emergency service employees who are interested in preventing and mitigating the negative impact of acute stress on them and their peers. (c) Critical Incident: An event which is outside the normal human experience that may temporarily overwhelm an individual's usual methods of coping or produce unusual strong reactions. Examples include shootings, severe injury, child deaths and staff or family suicides.
(d) Individual Reactions to a Critical Incident: It's important to note an individual's reaction to a critical incident is individual-specific based on the totality of circumstances in that individual's life (i.e., the degree of involvement, cumulative events, personal likeness, etc.). (e) Post traumatic stress: A normal reaction to an abnormal situation (one of the most common by-products of a critical incident).
(f) Peer assistance: A process by which trained personnel provide emotional support and referrals for a colleague during a crisis or when they are under stress. Generally, peer assistance is sought by the employee in need, or suggested by the employee's peer(s) or Exhibit 1
supervisor. Peer assistance does not replace the need for structured intervention following trauma.
(g) CISD: Critical Incident Stress Debriefings, Defusings and/or Demobilizations: Different types of structured interventions designed to mitigate the psychological impact of a critical incident, prevent the subsequent development of a post-traumatic stress disorder, and serve as an early identification mechanism for individuals who may require professional mental health follow-up. Debriefings, Defusings, and Demobilizations are structured group meetings or discussions during which personnel are given an opportunity to discuss their thoughts and reactions concerning a critical incident in a controlled environment under the direction of a mental health professional and peer support personnel. (h) Debriefing: The debriefing is a seven-phase process that should be conducted within 72 hours of the critical incident. The debriefing usually lasts two to three hours depending on the number of participants.
(i) Defusing: A shortened version of debriefing, generally lasting less than one hour. A defusing is a three-phase process that should take place as soon as possible after the critical incident (usually within eight hours). The defusing may be used to determine the need for debriefing and/or other services.
(j) Demobilization: A brief informational session applied when operational units have been released from service at a major incident/disaster that requires unusually large numbers of personnel or lengthy periods of deployment. It serves a secondary function as a screening opportunity to assure that individuals who may need assistance are identified early after a critical incident.
1016.7: CRITICAL INCIDENT CALL-OUTS
(a) Trauma takes a variety of forms and cannot be accurately or exhaustively quantified in description. However, certain events are of such magnitude that they should be considered disruptive to nearly anyone involved. For purposes of the Alameda Police Department response criteria, those incidents are defined as follows:
Line of Duty Death
Serious Line of Duty Injury
Suicide of an APD Employee
Traumatic Off-duty Employee Death
Disaster
Multi-casualty Incidents
Exhibit 1
Police Shootings
Incidents resulting in death or serious injury to a citizen that is proximately caused by a police employee.
Significant events involving children.
When the victim of a serious crime or accident is a known relative of the employee.
When there is excessive, negative media interest displaying the employee(s) in a disruptive way.
(b) Any significant event other than those listed above, where the team liaison feels the employee(s) will benefit from a call-out or intervention. (c) When such incidents occur the Supervisor/Watch Commander will notify the team liaison who will assess and mobilize immediate peer support and contact the designated mental health professional.
1016.8: GUIDELINES FOR CRITICAL INCIDENT INTERVENTIONS
The CISM debriefing or defusing should include any sworn and/or non-sworn police personnel directly involved in the incident. In most cases, attendance will be mandatory for those involved. Active participation in the discussion is not a requirement. Anyone not directly involved in the incident, including the supervisor and/or managers of the employee(s) may not attend the CISM debriefing/defusing process.
Research has shown there is a "1/3 guideline" to be considered when assessing how personnel may be affected by a traumatic event. Essentially, 1/3 of personnel will not be affected, 1/3 will be moderately affected, and 1/3 will be significantly affected. Although a non-affected employee may be required to attend a mandatory CISD, the purpose is to make certain someone's needs are not overlooked or missed. More importantly, employees are reminded the non- or moderately-affected employee(s) may have vital information/ perspective that could help a fellow employee better understand an incident and thus be able to help his/her peers.
1016.9: PROGRAM TRAINING
The success of the team serving our employees, and the well-being of the individual team members in general, is dependent on training. The team coordinator, with the assistance of the mental health professional, will be responsible for determining the training needs of the team and scheduling initial and continued training.
The initial training shall include the ICISF approved Basic CISM course and Individual Crisis Intervention.
Exhibit 1
Continuing education should take place on an on-going basis and include intermediate and advanced CISM courses and workshops, as well as in-house training by the mental health professional and/or appropriate guest speakers/trainers.
1016.10: PROGRAM EVOLUTION
As the Peer Support Program matures, policy and procedure changes are inevitable. The team members shall be required to keep open lines of communication to facilitate this maturation process
Exhibit 1
1035: Military Leave
1035.1: PURPOSE AND SCOPE
This policy establishes guidelines consistent with Federal, State, and local laws concerning short- and long-term military leaves of absence, salary, benefits, and re-employment privileges for eligible employees who are inducted, enlisted, ordered, or called to active military service.
1035.1.1: ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 22.2.1, 22.2.8
1035.2: DEFINITIONS
30 Day Period: First 30 calendar days of military leave excluding inactive duty training. Military leave beings on the first day of ordered duty and ends on the last day of ordered duty, and includes workdays, non-workdays, holidays, and reasonable travel time.
Annual Training: Military duty ordered for training where the period is less than or equal to 17 days per year including travel.
Eligible Employee: Employee with at least one year of service with the City of Alameda immediately preceding the military leave. In determining the one year of public agency service, all service in the recognized military service shall be counted (CA Military and Veterans Code § 395.01).
Fiscal Year: July 1 to June 30
Inactive Duty Training: Recurring duty, usually two days per month. Periods of temporary military leave of absence to perform inactive duty training are not eligible for paid military leave (CA Military and Veterans Code § 395.01(b)). Long-Term Military Leave: Military duty exceeding 180 days, including travel. Official Orders: Valid written or verbal orders from a competent military authority. Salary: Regular hourly pay for scheduled workdays. The hours normally shall not exceed 80 hours per pay period.
Short-Term Military Leave: Military duty that does not exceed 180 days, including travel.
1035.3: ELIGIBILITY
Employees must be members of the U.S. Air Force, Army, Coast Guard, Marines, National Guard, Navy, Public Health Service, Reserves, Space Force, or other categories designated by the President of the United States in time of war or emergency (Title 38 USC § 4303).
1035.3.1: QUALIFYING MILITARY LEAVE
Temporary Military Leave: Active/inactive duty, encampments, naval cruises, special exercises (CA Military and Veterans Code § 395.01(a), CA Military and Veterans Code § 395.01(b)).
Non-Temporary Military Leave:
Exhibit 1
o Ordered to active duty as a reservist;
o Ordered to active federal duty as National Guard or Naval Militia; or o Inducted, enlisted, or otherwise ordered to active duty (CA Military and Veterans Code § 395.02).
1035.3.2: AMOUNT OF LEAVE
Temporary Military Leave: Up to 180 calendar days, including travel (CA Military and Veterans Code § 395(a)).
Maximum Limit: Cumulative five-year total for voluntary active-duty military service, excluding certain national emergencies (Title 38 USC § 4312(c)). 1035.4: REQUESTING AND SCHEDULING LEAVE
Employees are expected to be sensitive to Department scheduling requirements when submitting their application for orders and shall endeavor to provide advance notice of anticipated temporary military leave as soon as reasonably possible. Advance Notice: Employees should provide advance notice whenever possible (Title 38 USC § 4312(a)(1)).
Official Orders: Employees are encouraged to submit official orders, drill schedules, or documentation prior to leave. If unavailable, supervisors may contact the military unit for verification.
1035.5: COMPENSATION
Temporary Military Leave of Absence for 30 days or less: City pays salary and benefits for the first 30 calendar days per fiscal year (CA Military and Veterans Code § 395.01(a), Alameda Municipal Code § 3.12.030).
Temporary Military Leave of Absence exceeding 30 days: Unpaid unless authorized by a Memorandum of Understanding or City Council Resolution. Employees may use accrued vacation and compensatory time.
Inactive Duty Training: Not compensated by the City of Alameda. Employees may use vacation, compensatory time, or leave without pay (CA Military and Veterans Code § 395.01(b)).
1035.5.1: ADDITIONAL TEMPORARY PAID LEAVE
City of Alameda Resolution 13410 (2001) allows for additional temporary paid leave. Eligibility: Full-time employees with one or more years of service to the City of Alameda who are called upon or volunteer for active military service in support of anti-terrorism operations.
Duration: Up to one additional year beyond the standard 30-day paid leave. Compensation: Employees receive gross wages, relinquishing U.S. military wages for the duration of the leave.
Benefits: Health, dental, vision, life, and disability benefits continue for employees and previously-covered dependents.
Exhibit 1
Documentation: Employees must submit proof of eligibility and military pay. Implementation: City Manager develops procedures to process payment in accordance with relinquished military wages.
1035.5.2: BENEFITS
Service credit: Continues for retirement and recognition awards. Time-in-Step Increases: Applies during leave.
Vacation Accrual: Unpaid leave does not affect accrual rate (CA Military and Veterans Code § 395(d)).
Health Plan Coverage:
o Employees may elect to continue group coverage in accordance with their bargaining group's memorandum of understanding for the lesser of the 24- month period beginning on the date upon which the person's absence begins or the day after the date upon which the person fails to apply for or return to the position of employment. (Title 38 USC § 4317).
o An eligible employee who elects to continue coverage may be required to pay no more than 102% of the full premium under the plan associated with such coverage for the employer's other employees, except for a person whose service is less than 31 days. Such person may not be required to pay more than the employee share for such coverage, if any.
o In the event an employee's monthly plan payment is more than 30 days late, the City may elect to terminate coverage.
o Coverage may continue for a period to time in excess of that detailed above contingent upon terms negotiated in a memorandum of understanding or adopted in a Resolution by the City Council.
Retirement Plan:
o Any employee returning from a military leave of absence will be treated as not having incurred a break in service. The City and the employee shall maintain their respective contributions to CalPERS or any other plan, if applicable.
o Military service will be considered service with the City for vesting and benefit accrual purposes.
o The City will fund any resulting obligation(s).
o The employee is entitled to any accrued benefits from employee contributions only to the extent that the employee makes the necessary employee contributions.
o Upon returning from military leave, the employee has a period equal to three times the length of service (not to exceed five years) within which to make the required contributions to CalPERS. (Title 38 USC § 4318(b)(2)). 1035.6: REEMPLOYMENT RIGHTS
Employees returning from military service are entitled to reemployment under the Uniformed Services Employment and Reemployment Rights Act (USERRA) if:
The employee provided notice,
Exhibit 1
The cumulative military absence did not exceed five years, The employee submitted an application for reemployment to the City of Alameda in accordance with Title 38 USC § 4312(e).
Return-to-Work Deadlines:
Military service lasting 1 to 30 days: Employee must return on the first scheduled day after safe travel plus an eight hour rest.
Miliary service lasting 31 to 180 days: Employee must submit an application for reemployment no later than 14 days after completion of service. Military service lasting more than 180 days: Employee must submit an application for reemployment no later than 90 days after completion of service.
The deadline for employment may be extended for up to two years for employees who are convalescing due to a disability incurred or aggravated during military service.
Documentation may be requested. Reemployment may be provisional if documentation is pending (Title 38 USC § 4312(f)).
The City may deny reemployment if circumstances make it impossible or unreasonable (Title 38 USC § 4312(d)(2)(A)).
1035.7: REEMPLOYMENT POSITIONS
Military service lasting less than 90 days: Return to position the employee would have held (including probation), or the previous position if not qualified. Military service lasting 90 or more days: Return to position the employee would have held or the position of similar seniority, status, and pay, or the previous position if not qualified.
An eligible employee who takes a temporary military leave of absence shall receive the same vacation, sick leave, and holiday privileges, and the same rights and privileges to promotion, continuance in office, employment, reappointment to office, or reemployment. Any uncompleted probationary period must be completed upon reinstatement as provided by law or rule of the agency (CA Military and Veterans Code § 395(d).
1035.8: DISQUALIFYING SERVICE
The City has the right to refuse reemployment or to terminate an employee for the following (Title 38 USC § 4304):
Separation from the service with a dishonorable or bad conduct discharge; Separation from the service under other than honorable conditions; Dismissal of a commissioned officer in certain situations involving a court martial or by order of the President in time of war (Title 10 USC § 1161(a)); or Any commission officer who is dropped from the rolls from any of the armed forces when they have been absent without authority for more than three months, or who Exhibit 1
has been sentenced to confinement adjudged by a court martial, or who is imprisoned by a civilian court when their sentence has become final (Title 10 USC § 1161(b)).
1035.9: LONG TERM MILITARY DEPLOYMENT AND REINTEGRATION The Department is committed to supporting our military personnel while serving stateside or deployed overseas during peacetime or times of war. The Department recognizes that long term military deployment may require additional support and provides the following.
1035.9.1: MILITARY SUPPORT PROGRAM
The Military Support Program (MSP) provides information, peer support, resources, and other types of assistance. The MSP will provide assistance to minimize personal- and work- related challenges associated with military service, including, but not limited to, the following: deployment preparation, deployment, reintegration, pay, and benefits.
1035.9.2: DEPARTMENT AND MUNICIPAL POINTS OF CONTACT
Employees will have two primary administrative contacts: the Personnel & Training Sergeant, and the Human Resources department.
All divisions of the Department will be encouraged to maintain contact with employees.
This interaction will assist with identifying needs related to military service, administrative processes, pre-deployment, deployment, reintegration, or referral to the Employee Assistance Program (EAP).
1035.9.3: PRE-DEPLOYMENT SUPPORT
The Department understands the activation process and the impact it has on employees, their families, and the other employees. Pre-deployment support should begin immediately upon a supervisor becoming aware of an employee’s current military service. Preparation for deployment begins with building trust and an understanding of the personal and professional challenges our employees may face. Commanders shall ensure pertinent information is provided to the employee prior to deployment. Information shall include the process regarding pay and benefits, family support, and contact information for maintaining a connection with the Department during deployment.
The employee's Division Commander shall ensure deploying employees are aware of the Department’s Military Support Program. The Department will provide the following pre- deployment information:
Compensation
Benefits
Leave and accrual policies
Service credit
EAP
The Chief of Police, or designee, should meet with the employee to conduct an exit interview.
Exhibit 1
1035.9.4: SUPPORT DURING DEPLOYMENT
Supervisors are encouraged to maintain contact with the employee and their family throughout their deployment. Supervisors should also serve as a point of contact for the employee and their family. Support should be provided on an on-going basis during their deployment to maintain the connection between the employee and the Department. This includes:
Maintaining communication while the employee is away. This can include providing the employee with updates regarding pertinent policy and personnel changes. Providing support for the family by providing assistance with child and pet care. Providing information regarding stress and combat fatigue. Encouraging departmental involvement through various means of communication. 1035.9.5: POST-DEPLOYMENT PROCESS
Prior to the employee’s scheduled return to duty, supervisors should contact the employee to discuss the post-deployment process. This requires the supervisor to coordinate personnel actions, as needed, to ensure the employee’s smooth reintegration back into service with the Department to minimize disruptions. This process should be modified to the employee and take into consideration developmental, personal or medical needs, reasonable accommodation, or any other issues specific to the employee or division.
The returning employee should be encouraged to contact the Personnel & Training Sergeant who will facilitate the employee’s transition. The supervisor shall ensure the following items are discussed with the returning employee:
Re-familiarization with the Department and personnel; Mental and emotional well-being;
Refresher training, weapons qualifications, and other opportunities deemed appropriate;
Work assignment, shift, and requests for time off;
Job and promotional opportunities;
Safety equipment needs;
Pay and benefits; and
Military separation paperwork.
The Chief of Police, or designee, should meet with the employee to conduct a re-entry interview.
1035.9.6: STORAGE OF DEPARTMENT-ISSUED EQUIPMENT
The Personnel & Training Sergeant shall ensure all department-issued equipment is accounted for and stored in the employee's locker.
Exhibit 1