If information is believed to be privileged or confidential (e.g., confidential informant or attorneyclient information, attorney work product), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Department case file.
605.4 DISCLOSURE OF PERSONNEL INFORMATION
Whenever it is determined that Brady information is located in the personnel file of a member of this department who is a material witness in a criminal case, the following procedure shall apply:
(a) In the event that a Pitchess motion has not already been filed by the criminal defendant or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be notified of the potential presence of Brady information in the officer’s personnel file.
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(b) The prosecuting attorney should then be requested to file a Pitchess motion in order to initiate an in-camera review by the court.
(c) Any member who is the subject of such a motion shall be notified in writing that a motion has been filed.
(d) The Custodian of Records shall accompany all relevant files during any in-camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant.
(e) If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion.
1. Prior to the release of any information pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case.
605.5 INVESTIGATING BRADY ISSUES
If the Department receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy.
605.6 TRAINING
Department members should receive periodic training on the requirements of this policy.
Policy
606
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Unmanned Aerial System (UAS) Operations
606.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 606.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
606.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 606.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.
Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.
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• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment. • Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. • Developing a protocol for fully documenting all missions. • Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
606.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
UAS operations should only be conducted during daylight hours and a UAS should not be flown over populated areas without FAA approval.
606.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
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• To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.
The UAS shall not be weaponized.
606.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.
Policy
607
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Warrant Service
607.1 PURPOSE AND SCOPE
This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances.
This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high-risk warrants.
This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 607.2 POLICY
It is the policy of the Emeryville Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants.
607.3 OPERATION SUPERVISOR
The operation supervisor (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with a member of the command staff to determine the risk level of the warrant service.
The operation supervisor will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 607.4 SEARCH WARRANTS
Officers should receive authorization from a supervisor before preparing a search warrant application. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the operation supervisor for review and classification of risk (see the Operations Planning and Deconfliction Policy).
607.5 ARREST WARRANTS
If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the operation supervisor for review and classification of risk (see the Operations Planning and Deconfliction Policy).
If the warrant is classified as high risk, service will be coordinated by the operation supervisor.
If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a Emeryville Police Department
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residence to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk.
607.6 WARRANT PREPARATION
An officer who prepares a warrant should ensure the documentation in support of the warrant contains as applicable:
(a) Probable cause to support the search or arrest, including relevant dates and times to demonstrate timeliness and facts to support any request for nighttime warrant execution.
(b) A clear explanation of the affiant’s training, experience and relevant education. (c) Adequately supported opinions, when relevant, that are not left to unsubstantiated conclusions.
(d) A nexus between the place to be searched and the persons or items central to the investigation. The facts supporting this nexus should be clear and current. For example, the affidavit shall explain why there is probable cause to believe that a particular person is currently residing at a particular location or that the items sought are present at a particular location.
(e) Full disclosure of known or suspected residents at the involved location and any indication of separate living spaces at the involved location. For example, it should be disclosed that several people may be renting bedrooms at a single location, even if the exact location of the rooms is not known.
(f) A specific description of the location to be searched, including photographs of the location, if reasonably available.
(g) A sufficient description of the items to be seized. (h) Full disclosure of any known exculpatory information relevant to the warrant application (refer to the Brady Material Disclosure Policy). 607.7 HIGH-RISK WARRANT SERVICE
The operation supervisor or the authorized designee shall coordinate the service of warrants that are categorized as high risk and shall have sole authority in determining the manner in which the warrant will be served, including the number of officers deployed.
The member responsible for directing the service should ensure the following as applicable:
(a) When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present.
(b) The warrant service is audio- and video-recorded when practicable and reasonable to do so.
(c) Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the Emeryville Police Department
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designated members to the presence of potential evidence and not touch or disturb the items.
(d) Reasonable efforts are made during the search to maintain or restore the condition of the location.
(e) Persons who are detained as part of the warrant service are handled appropriately under the circumstances.
(f) Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy).
(g) A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h) A copy of the search warrant is left at the location. (i) The condition of the property is documented with video recording or photographs after the search.
607.8 DETENTIONS DURING WARRANT SERVICE
Officers must be sensitive to the safety risks of all persons involved with the service of a warrant.
Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. However, officers must be mindful that only reasonable force may be used and weapons should be displayed no longer than the officer reasonably believes is necessary (see the Use of Force Policy).
As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released.
Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of people who have been detained.
607.9 ACTIONS AFTER WARRANT SERVICE
The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. 607.10 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS The operation supervisor will ensure that cooperative efforts with other agencies in the service of warrants conform to existing mutual aid agreements or other memorandums of understanding and will work cooperatively to mitigate risks including, but not limited to, the following:
• Identity of team members
• Roles and responsibilities
• Familiarity with equipment
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• Rules of engagement
• Asset forfeiture procedures
Any outside agency requesting assistance in the service of a warrant within this jurisdiction should be referred to the watch commander. The watch commander should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the other agency. The watch commander should ensure that members of the Emeryville Police Department are utilized appropriately. Any concerns regarding the requested use of Emeryville Police Department members should be brought to the attention of the Chief of Police or the authorized designee. The actual service of the warrant will remain the responsibility of the agency requesting assistance.
If officers intend to serve a warrant outside Emeryville Police Department jurisdiction, the operation supervisor should provide reasonable advance notice to the applicable agency, request assistance as needed and work cooperatively on operational planning and the mitigation of risks detailed in this policy.
Officers will remain subject to the policies of the Emeryville Police Department when assisting outside agencies or serving a warrant outside Emeryville Police Department jurisdiction. 607.11 MEDIA ACCESS
No advance information regarding warrant service operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the News Media Relations Policy.
607.12 TRAINING
The Professional Services Section should ensure officers receive periodic training on this policy and associated topics, such as legal issues, warrant preparation, warrant service and reporting requirements.
Policy
608
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Operations Planning and Deconfliction
608.1 PURPOSE AND SCOPE
This policy provides guidelines for planning, deconfliction and execution of high-risk operations.
Additional guidance on planning and serving high-risk warrants is provided in the Warrant Service Policy.
608.1.1 DEFINITIONS
Definitions related to this policy include:
High-risk operations - Operations, including service of search and arrest warrants and sting operations, that are likely to present higher risks than are commonly faced by officers on a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation with multiple persons, or reason to suspect that persons anticipate the operation. 608.2 POLICY
It is the policy of the Emeryville Police Department to properly plan and carry out highrisk operations, including participation in a regional deconfliction system, in order to provide coordination, enhance the safety of members and the public, decrease the risk of compromising investigations and prevent duplicating efforts.
608.3 OPERATIONS DIRECTOR
The Chief of Police will designate a member of this department to be the operations director.
The operations director will develop and maintain a risk assessment form to assess, plan and coordinate operations. This form should provide a process to identify high-risk operations.
The operations director will review risk assessment forms with involved supervisors to determine whether a particular incident qualifies as a high-risk operation. The director will also have the responsibility for coordinating operations that are categorized as high risk. 608.4 RISK ASSESSMENT
608.4.1 RISK ASSESSMENT FORM PREPARATION
Officers assigned as operational leads for any operation that may qualify as a high-risk operation shall complete a risk assessment form.
When preparing the form, the officer should query all relevant and reasonably available intelligence resources for information about the subject of investigation, others who may be present and the involved location. These sources may include regional intelligence and criminal justice databases, target deconfliction systems, firearm records, commercial databases and property records. Where appropriate, the officer should also submit information to these resources.
The officer should gather available information that includes, but is not limited to:
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(a) Photographs, including aerial photographs, if available, of the involved location, neighboring yards and obstacles.
(b) Maps of the location.
(c) Diagrams of any property and the interior of any buildings that are involved. (d) Historical information about the subject of investigation (e.g., history of weapon possession or use, known mental illness, known drug use, threats against police, gang affiliation, criminal history).
(e) Historical information about others who may be present at the location (e.g., other criminals, innocent third parties, dependent adults, children, animals). (f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced doors/windows, surveillance measures, number and type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations). (g) Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service). (h) Other available options that may minimize the risk to officers and others (e.g., making an off-site arrest or detention of the subject of investigation). 608.4.2 RISK ASSESSMENT REVIEW
Officers will present the risk assessment form and other relevant documents (such as copies of search warrants and affidavits and arrest warrants) to the operation supervisor..
The operation supervisor shall confer and determine the level of risk. Supervisors should take reasonable actions if there is a change in circumstances that elevates the risks associated with the operation.
608.4.3 HIGH-RISK OPERATIONS
If the operations director, after consultation with the involved supervisor, determines that the operation is high risk, the operations director should:
(a) Determine what resources will be needed at the location, and contact and/or place on standby any of the following appropriate and available resources:
(a) (N/A)
(b) Additional personnel
(c) Outside agency assistance
(d) Special equipment
(e) Medical personnel
(f) Persons trained in negotiation
(g) Additional surveillance
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(h) Canines
(i) Property and Evidence Bureau or analytical personnel to assist with cataloguing seizures
(j) Forensic specialists
(k) Specialized mapping for larger or complex locations (b) Contact the appropriate department members or other agencies as warranted to begin preparation.
(c) Ensure that all legal documents such as search warrants are complete and have any modifications reasonably necessary to support the operation. (d) Coordinate the actual operation.
608.5 DECONFLICTION
Deconfliction systems are designed to identify persons and locations associated with investigations or law enforcement operations and alert participating agencies when others are planning or conducting operations in close proximity or time or are investigating the same individuals, groups or locations.
The officer who is the operations lead shall ensure the subject of investigation and operations information have been entered in an applicable deconfliction system to determine if there is reported conflicting activity. This should occur as early in the process as practicable, but no later than two hours prior to the commencement of the operation. The officer should also enter relevant updated information when it is received.
If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict before proceeding.
608.6 OPERATIONS PLAN
The operations director should ensure that a written operations plan is developed for all high-risk operations. Plans should also be considered for other operations that would benefit from having a formal plan.
The plan should address such issues as:
(a) Operation goals, objectives, and strategies.
(b) Operation location and people:
1. The subject of investigation (e.g., history of weapon possession/use, known mental illness issues, known drug use, threats against police, gang affiliation, criminal history)
2. The location (e.g., fortification, booby traps, reinforced doors/windows, surveillance cameras and/or lookouts, number/type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, Emeryville Police Department
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availability of keys/door combinations), including aerial photos, if available, and maps of neighboring yards and obstacles, diagrams and other visual aids
3. Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service)
4. Identification of other people who may be present in or around the operation, such as other criminal suspects, innocent third parties, and children (c) Information from the risk assessment form by attaching a completed copy in the operational plan.
1. The volume or complexity of the information may indicate that the plan includes a synopsis of the information contained on the risk assessment form to ensure clarity and highlighting of critical information.
(d) Participants and their roles.
1. An adequate number of uniformed officers should be included in the operation team to provide reasonable notice of a legitimate law enforcement operation.
2. How all participants will be identified as law enforcement. (e) Whether deconfliction submissions are current and all involved individuals, groups, and locations have been deconflicted to the extent reasonably practicable. (f) Identification of all communications channels and call-signs. (g) Use of force issues.
(h) Contingencies for handling medical emergencies (e.g., services available at the location, closest hospital, closest trauma center).
(i) Plans for detaining people who are not under arrest. (j) Contingencies for handling children, dependent adults, animals, and other people who might be at the location in accordance with the Child Abuse, Senior and Disability Victimization, Child and Dependent Adult Safety, and Animal Control policies. (k) Communications plan.
(l) Responsibilities for writing, collecting, reviewing, and approving reports. 608.6.1 OPERATIONS PLAN RETENTION
Since the operations plan contains intelligence information and descriptions of law enforcement tactics, it shall not be filed with the report. If the operations plan is retained, it shall be stored separately in accordance with the established records retention schedule. 608.7 OPERATIONS BRIEFING
A briefing should be held prior to the commencement of any high-risk operation to allow all participants to understand the operation, see and identify each other, identify roles and responsibilities and ask questions or seek clarification as needed. Anyone who is not present at the briefing should not respond to the operation location without specific supervisory approval.
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(a) The briefing should include a verbal review of plan elements, using visual aids, to enhance the participants’ understanding of the operations plan. (b) All participants should be provided a copy of the operations plan and search warrant, if applicable. Participating personnel should be directed to read the search warrant..
Any items to be seized should be identified at the briefing. (c) The operation supervisor shall ensure that all participants are visually identifiable as law enforcement officers.
(a) Exceptions may be made by the operation supervisor for officers who are conducting surveillance or working under cover. However, those members exempt from visual identification should be able to transition to a visible law enforcement indicator at the time of enforcement actions, such as entries or arrests, if necessary.
(d) The briefing should include details of the communications plan. (a) It is the responsibility of the operation supervisor to ensure that the Communications Center is notified of the time and location of the operation, and to provide a copy of the operation plan prior to officers arriving at the location. (b) If the radio channel needs to be monitored by the Communications Center, the dispatcher assigned to monitor the operation should attend the briefing, if practicable, but at a minimum should receive a copy of the operation plan. (c) The briefing should include a communications check to ensure that all participants are able to communicate with the available equipment on the designated radio channel.
608.8 MEDIA ACCESS
No advance information regarding planned operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy.
608.9 OPERATIONS DEBRIEFING
High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should include as many participants as possible.
608.10 TRAINING
The Professional Services Section should ensure officers who participate in operations subject to this policy should receive periodic training including, but not limited to, topics such as legal issues, deconfliction practices, operations planning concepts and reporting requirements.
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Chapter 7 - Equipment
Policy
700
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Department Owned and Personal Property
700.1 PURPOSE AND SCOPE
Department employees are expected to properly care for department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or department property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item.
700.2 CARE OF DEPARTMENTAL PROPERTY
Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to the cost of repair or replacement.
(a) Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any department issued property or equipment assigned for their use and complete the appropriate report (TF-80). A supervisor may require a separate written report to be completed by the employee. (b) The use of damaged or unserviceable department property should be discontinued as soon as practical and replaced with comparable Department property as soon as available and following notice to a supervisor.
(c) Except when otherwise directed by competent authority or required by exigent circumstances, department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed.
(d) Department property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority.
(e) In the event that any Department property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY
Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage.
The supervisor shall direct a memo to the appropriate Division Captain, which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss or damage.
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Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Chief of Police who will then forward the claim to the Finance Department.
The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. 700.3.1 REPORTING REQUIREMENT
A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit.
A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER
Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a) A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit.
(b) A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY
If employees of another jurisdiction cause damage to real or personal property belonging to the City, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.
The employee shall submit a written report before going off duty or as otherwise directed by the supervisor.
These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Division Captain.
Policy
701
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Personal Communication Devices
701.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable Internet access devices.
PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the Internet.
701.2 POLICY
The Emeryville Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy.
The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under applicable public records laws.
Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 701.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any PCD issued or funded by the Department/Office and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 701.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA) No member is authorized to be the sole possessor of a department-issued PCD. Departmentissued PCDs can be retrieved, reassigned, accessed or used by any member as directed by a supervisor without notice. Member use of a department-issued PCD and use of a personal PCD for work-related business constitutes specific consent for access for department purposes. Prior to conducting an administrative search of a PCD, supervisors should consult legal counsel to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1).
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701.4 DEPARTMENT-ISSUED PCD
Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD. Department-issued or funded PCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. 701.5 PERSONALLY OWNED PCD
Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations:
(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy.
(b) The Department accepts no responsibility for loss of or damage to a personally owned PCD.
(c) The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense.
(d) The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD for any department business-related communication.
(e) The device shall not be utilized to record or disclose any business-related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment with the Department, without the express authorization of the Chief of Police or the authorized designee. (f) Use of a personally owned PCD for work-related business constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, public records retention and release obligations and internal investigations. If the PCD is carried on-duty, members will provide the Department with the telephone number of the device. (g) All work-related documents, emails, photographs, recordings or other public records created or received on a member’s personally owned PCD should be transferred to the Emeryville Police Department and deleted from the member’s PCD as soon as reasonably practicable but no later than the end of the member’s shift.
Except with prior express authorization from their supervisor, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing memorandum of understanding or collective bargaining agreements, or if the member has prior express authorization from his/her supervisor, the member may engage in business-related communications. Should members engage in such approved off-duty communications or work, members entitled to compensation shall promptly Emeryville Police Department
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document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Members who independently document off-duty department-related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate record keeping.
701.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business:
(a) A PCD should not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier.
(b) All PCDs in the workplace should be set to silent or vibrate mode. (c) A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). Members shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists.
(d) Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications.
(e) Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline.
(f) Members will not access social networking sites for any purpose that is not official department business.
(g) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor.
701.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy.
(b) Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD.
1. An investigation into improper conduct should be promptly initiated when circumstances warrant.
2. Before conducting any administrative search of a member’s personally owned device, supervisors should consult with the Chief of Police or the authorized designee.
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701.8 USE WHILE DRIVING
The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD.
Members who are operating department vehicles that are not authorized emergency vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. In an emergency, a wireless phone may be used to place an emergency call to the Department or other emergency services agency (Vehicle Code § 23123; Vehicle Code § 23123.5). Hands-free use should be restricted to business-related calls or calls of an urgent nature. 701.9 OFFICIAL USE
Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network.
Policy
702
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Vehicle Maintenance
702.1 PURPOSE AND SCOPE
Employees are responsible for assisting in maintaining Department vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 702.2 DEFECTIVE VEHICLES
When a department vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be promptly completed by the employee who first becomes aware of the defective condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle maintenance for repair.
702.2.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged, or perform poorly shall be removed from service for inspections and repairs as soon as practicable.
702.2.2 SEVERE USE
Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.2.3 REMOVAL OF WEAPONS
All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the department armory prior to the vehicle being released for maintenance, service or repair. 702.3 VEHICLE EQUIPMENT
Certain items shall be maintained in all department vehicles for emergency purposes and to perform routine duties.
702.3.1 PATROL VEHICLES
Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is present in the vehicle:
• 20 Emergency road flares
• 2 Sticks yellow crayon or chalk
• 1 Roll Crime Scene Barricade Tape
• 1 First aid kit, CPR mask
• 1 Blanket
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• 1 Blood-borne pathogen kit, Incl. protective gloves
• 1 Sharps container
• 1 Hazardous waste disposal bag
• 1 Traffic Safety Vest
• 1 Hazardous Materials Emergency Response Handbook
• 1 Evidence collection kit
•
702.3.2 UNMARKED VEHICLES
An employee driving unmarked department vehicles shall ensure that the minimum following equipment is present in the vehicle:
• 20 Emergency road flares
• 1 Roll Crime Scene Barricade Tape
• 1 First aid kit, CPR mask
• 1 Blanket
• 1 Blood-borne pathogen kit, Incl. protective gloves
• 1 Sharps container
• 1 Hazardous waste disposal bag
• 1 Traffic Safety Vest
• 1 Hazardous Materials Emergency Response Handbook
• 1 Evidence collection kit
•
702.4 VEHICLE REFUELING
Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place a vehicle in service that has less than one-quarter tank of fuel. Vehicles shall only be refueled at the authorized location.
702.5 WASHING OF VEHICLES
All units shall be kept clean at all times and weather conditions permitting, shall be washed as necessary to enhance their appearance.
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Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 702.6 CIVILIAN EMPLOYEE USE
Civilian employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Civilian employees shall also prominently display the “out of service” placards or lightbar covers at all times. Civilian employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor.
Policy
703
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Vehicle Damage Policy
703.1 PURPOSE AND SCOPE
The purpose of this policy is to document, describe cosmetic damage and provide guidelines for the documentation of damage to City owned vehicles.
703.2 POLICY
It is the policy of the Emeryville Police Department that all personnel utilizing City owned vehicles inspect each vehicle thoroughly and report any damage to the on-duty supervisor as soon as possible.
703.3 PROCEDURE
Each police vehicle has been equipped with a Police Unit Damage Log.The Damage Log is to be kept in the glove compartment of each vehicle and must not be removed from the vehicle. 703.3.1 VEHICLE CHECKOUT
Each time personnel of the Police Department are assigned a vehicle, he/she will thoroughly inspect that vehicle for any damage. If damage is located, then he/she shall check the Police Unit Damage Log to see if the damage had been previously entered. If the damage had not been entered into the Log, he/she will immediately notify the on-duty supervisor. 703.3.2 DAMAGE
If a Police Department vehicle is damaged during the period that it is assigned to a member of the Police Department, that person shall immediately notify the on-duty supervisor of the damage and the circumstances surrounding it.
703.4 VEHICLE CHECK-IN
When members of the Police Department have completed using the vehicle and are going to turn it it, they must once again thoroughly and completely inspect that vehicle for any damage that may have occurred while that vehicle was assigned to them. If any damage is noted, they must notify the on-duty supervisor immediately.
703.5 SUPERVISORY RESPONSIBILITY
Upon being notified of damage to a Police Department vehicle, it is the duty of that supervisor to determine if the damage has been logged in the Police Unit Damage Log. If the damage has not been logged, the supervisor will then notify the Field Services Lieutenant of the damage.
The supervisor will be responsible for a complete investigation and recommendations regarding the damage. If it is determined that misuse or abuse was a result of negligent conduct or operation, appropriate disciplinary action may result.
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If a vehicle is determined to have been vandalized, a case will be initiated and investigation completed to identify the responsible parties.
Once any vehicle damage has been repaired, it will be the responsibility of the Field Services Lieutenant to have the card updated showing the completed repair with the damage eliminated.
Policy
704
Emeryville Police Department
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Vehicle Use
704.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Emeryville to provide assigned take-home vehicles.
704.2 POLICY
The Emeryville Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments and other considerations. 704.3 USE OF VEHICLES
704.3.1 SHIFT ASSIGNED VEHICLES
The Watch Commander shall ensure members notify dispatch which vehicle they will be operating during their shift. If a member exchanges vehicles during his/her shift, the new vehicle number shall be reported to dispatch.
704.3.2 OTHER USE OF VEHICLES
Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number.
This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash.
704.3.3 INSPECTIONS
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.
The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle.
When transporting any suspect, prisoner or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported.
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All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 704.3.4 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle.
Members shall ensure all weapons are secured while the vehicle is unattended. 704.3.5 MDC
Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto the MCD with the required information when going on-duty. If the vehicle is not equipped with a working MCD, the member shall notify the Communications Center. Use of the MCD is governed by the Mobile Digital Computer Use Policy.
704.3.6 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status.
Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available.
System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Division Captain approval.
All data captured by the system shall be retained in accordance with the established records retention schedule.
704.3.7 KEYS
Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle.
Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command.
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704.3.8 AUTHORIZED PASSENGERS
Members operating department vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized by the Watch Commander, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 704.3.9 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 704.3.10 PARKING
Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times.
Department vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas.
704.3.11 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 704.3.12 CIVILIAN MEMBER USE
Civilian members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Civilian members shall prominently display the "out of service" placards or light bar covers at all times. Civilian members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 704.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES
Department vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time.
The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment.
704.4.1 ON-DUTY USE
Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department members at the discretion of the Chief of Police or the authorized designee.
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704.4.2 UNSCHEDULED TAKE-HOME USE
Circumstances may arise where department vehicles must be used by members to commute to and from a work assignment. Members may take home department vehicles only with prior approval of a supervisor and shall meet the following criteria:
(a) The circumstances are unplanned and were created by the needs of the department. (b) Other reasonable transportation options are not available. (c) The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Emeryville City limits.
(d) Off-street parking will be available at the member’s residence. (e) Vehicles will be locked when not attended.
(f) All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage.
704.4.3 ASSIGNED VEHICLES
Assignment of take-home vehicles shall be based on the location of the member’s residence, the nature of the member’s duties, job description and essential functions, and employment or appointment status. Residence in the City of Emeryville is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Emeryville may be required to secure the vehicle at a designated location or the Department at the discretion of the Chief of Police.
Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions.
Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser.
Criteria for use of take-home vehicles include the following:
(a) Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Division Captain gives authorization.
(b) Vehicles may be used to transport the member to and from the member’s residence for work-related purposes.
(c) Vehicles will not be used when off-duty except:
1. In circumstances when a member has been placed on call by the Chief of Police or Division Captains and there is a high probability that the member will be called back to duty.
2. When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or travelling to or from a work-related activity or function.
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3. When the member has received permission from the Chief of Police or Division Captains.
4. When the vehicle is being used by the Chief of Police, Division Captains or members who are in on-call administrative positions.
5. When the vehicle is being used by on-call investigators. (d) While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty.
(e) The two-way communications radio, MDC and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f) Unattended vehicles are to be locked and secured at all times.
1. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging).
2. All weapons shall be secured while the vehicle is unattended.
3. All department identification, portable radios and equipment should be secured. (g) Vehicles are to be parked off-street at the member’s residence unless prior arrangements have been made with the Chief of Police or the authorized designee.
If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home).
(h) Vehicles are to be secured at the member’s residence or the appropriate department facility, at the discretion of the Department when a member will be away (e.g., on vacation) for periods exceeding one week.
1. If the vehicle remains at the residence of the member, the Department shall have access to the vehicle.
2. If the member is unable to provide access to the vehicle, it shall be parked at the Department.
(i) The member is responsible for the careof the vehicle. This includes keeping the vehicle clean both externally and internally.The Department will provide necessary care/maintenance supplies. Members shall report mechanical or other problems with the vehicle immediately.
(j) All employees assigned a take home vehicle shall comply with all City of Emeryville and Emeryville Police Department polices and regulations regarding the use of city vehicles.
(k) An employee may transport their spouse and/or children as long as the officer is in the course of commuting to or from work and the location is along the way of the officer's commute.
(l) Employees who do not maintain a safe driving record may have their take home vehicle privileges revoked.
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(m) Participating employees shall sign an acknowledgement indicating they have read and understand this policy.
704.4.4 SPECIAL RULES CONCERNING TAKE HOME MOTORCYCLES
• Only full time officers who have been assigned to the Traffic Section as motorcycle officers and have received all required training and have been properly certified shall be allowed to use a department motorcycle as a take hoime vehicle. • Officers who have been approved for the use of a take home motorcycle are subject to call-back for serious traffic accidents and other emergencies.This includes officers who have completed thier shifts and are on their way home. • While commuting to and from work on a police mororcycle, officers shall be wearing clothing which identifies themselves as Emeryville police officers. • During periods of inclement weather, officers will supply their own transportation to and from work.If the weather changes after the officer has arrived at work, the officer shall be responsible for arranging their own transportation home. • Department motorcycles shall be enclosed in an enclosed and locked faciltiy while at the officer's residence.
704.4.5 ENFORCEMENT ACTIONS
When driving a take-home vehicle to and from work outside of the jurisdiction of the Emeryville Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies).
Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).
Officers driving take-home vehicles shall be armed, appropriately attired and carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. 704.4.6 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.
Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.
The following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage.
(b) It is the member’s responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d) The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed.
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(e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy.
704.5 UNMARKED VEHICLES
Vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a division supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the division for that purpose. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall also record the use with the Watch Commander on the shift assignment roster.
704.6 DAMAGE, ABUSE AND MISUSE
When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy).
Damage to any department vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Watch Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 704.7 TOLL ROAD USAGE
Law enforcement vehicles are not routinely exempted from incurring toll road charges.
To avoid unnecessary toll road charges, all members operating department vehicles on a toll road shall adhere to the following:
(a) Members are personally responsible for all toll charges while commuting to/from work in a city vehicle.
(b) All toll charges incurred during the course of official business(other than regular commute charges) will be the responsibility of the Department. (c) Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Division Captain within five working days explaining the circumstances.
704.8 ATTIRE AND APPEARANCE
When operating any department vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department.
Policy
705
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Cash Handling, Security and Management
705.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure department members handle cash appropriately in the performance of their duties.
This policy does not address cash-handling issues specific to the Property and Evidence and Informants policies.
705.2 POLICY
It is the policy of the Emeryville Police Department to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of department operations and ensure the public trust.
705.3 PETTY CASH FUNDS
The Chief of Police shall designate a person as the fund manager responsible for maintaining and managing the petty cash fund.
Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager.
705.4 PETTY CASH TRANSACTIONS
The fund manager shall document all transactions on the ledger and any other appropriate forms.
Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer form require an expense report.
705.5 PETTY CASH AUDITS
The fund manager shall perform an audit no less than once every six months. This audit requires that the fund manager and at least one command staff member, selected by the Chief of Police, review the transaction ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and an immediate reporting of the discrepancy to the Chief of Police.
Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member.
A separate audit of each petty cash fund should be completed on a random date, approximately once each year by the Chief of Police or the City.
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705.6 ROUTINE CASH HANDLING
Those who handle cash as part of their property or Criminal Investigations Section supervisor duties shall discharge those duties in accordance with the Property and Evidence and Informants policies.
Members who routinely accept payment for department services shall discharge those duties in accordance with the procedures established for those tasks. 705.7 OTHER CASH HANDLING
Members of the Department who, within the course of their duties, are in possession of cash that is not their property or that is outside their defined cash-handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property and Evidence Policy.
Cash in excess of $1,000 requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry.
Policy
706
Emeryville Police Department
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Personal Protective Equipment
706.1 PURPOSE AND SCOPE
This policy identifies the different types of personal protective equipment (PPE) provided by the Department as well the requirements and guidelines for the use of PPE.
This policy does not address ballistic vests or protection from communicable disease, as those issues are addressed in the Body Armor and Communicable Diseases policies. 706.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical or other workplace hazards.
Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not include particulate-filtering masks such as N95 or N100 masks. 706.2 POLICY
The Emeryville Police Department endeavors to protect members by supplying certain PPE to members as provided in this policy.
706.3 OFFICER RESPONSIBILITIES
Members are required to use PPE as provided in this policy and pursuant to their training.
Members are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed.
Any member who identifies hazards in the workplace is encouraged to utilize the procedures in the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE.
706.4 HEARING PROTECTION
Approved hearing protection shall be used by members during firearms training.
Hearing protection shall meet or exceed the requirements provided in 8 CCR 5098. 706.5 EYE PROTECTION
Approved eye protection, including side protection, shall be used by members during firearms training. Eye protection for members who wear prescription lenses shall incorporate the prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure their eye protection does not interfere with the fit of their hearing protection.
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The Firearms Instructor shall ensure eye protection meets or exceeds the requirements provided in 8 CCR 3382.
706.6 HEAD AND BODY PROTECTION
Members who make arrests or control crowds should be provided ballistic head protection with an attachable face shield.
Padded body protection consisting of chest, arm, leg and groin protection should be provided as required by any collective bargaining agreement.
706.7 RESPIRATORY PROTECTION
The Professional Services and Standards Division Captain is responsible for ensuring a respiratory protection plan is developed and maintained by a trained and qualified member. The plan shall include procedures for (8 CCR 5144):
(a) Selecting appropriate respiratory PPE based on hazards and risks associated with functions or positions.
(b) Fit testing, including identification of members or contractors qualified to conduct fit testing.
(c) Medical evaluations.
(d) PPE inventory control.
(e) PPE issuance and replacement.
(f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respiratory PPE, including schedules for these activities. (g) Regularly reviewing the PPE plan.
(h) Remaining current with applicable National Institute for Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), Environmental Protective Agency (EPA) and state PPE standards and guidelines.
706.7.1 RESPIRATORY PROTECTION USE
Designated members may be issued respiratory PPE based on the member’s assignment (e.g., a narcotics investigator who is involved in clandestine lab investigations).
Respiratory PPE may be worn when authorized by a scene commander who will determine the type and level of protection appropriate at a scene based upon an evaluation of the hazards present.
Scene commanders are responsible for monitoring members using respiratory PPE and their degree of exposure or stress. When there is a change in work area conditions or when a member’s degree of exposure or stress may affect respirator effectiveness, the scene commander shall reevaluate the continued effectiveness of the respirator and direct the member to leave the respirator use area when the scene commander reasonably believes (8 CCR 5144):
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(a) It is necessary for the member to wash his/her face and the respirator facepiece to prevent eye or skin irritation associated with respirator use. (b) The member detects vapor or gas breakthrough, or there is a change in breathing resistance or leakage of the facepiece.
(c) The member needs to replace the respirator, filter, cartridge or canister. 706.7.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION Members shall not use self-contained breathing apparatus (SCBA), full-face respirators or cartridge respirators unless they have completed training requirements for the equipment.
Members exposed to environments that are reasonably known to be harmful due to gases, smoke or vapors shall use respiratory PPE.
Members using respiratory PPE shall (8 CCR 5144):
(a) Ensure that they have no facial hair between the sealing surface of the facepiece and the face that could interfere with the seal or the valve function. Members also shall ensure that they have no other condition that will interfere with the face-to-facepiece seal or the valve function.
(b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of the facepiece to the face, or that has not been previously tested for use with that respiratory equipment.
(c) Perform a user seal check per department-approved procedures recommended by the respirator manufacturer each time they put on a tight-fitting respirator. (d) Leave a respiratory use area whenever they detect vapor or gas breakthrough, changes in breathing resistance or leakage of their facepiece and ensure that the respirator is replaced or repaired before returning to the affected area. 706.7.3 GAS MASK
Full-face air-purifying respirators, commonly referred to as gas masks, may be fitted with mechanical pre-filters or combination cartridge/filter assemblies for use in areas where gases, vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge based on the circumstances (8 CCR 5144).
A scene commander may order the use of gas masks in situations where the use of a SCBA is not necessary. These incidents may include areas where tear gas has or will be used or where a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygendeficient atmosphere.
Members shall ensure their gas mask filters are replaced whenever:
(a) They smell, taste or are irritated by a contaminant. (b) They experience difficulty breathing due to filter loading. (c) The cartridges or filters become wet.
(d) The expiration date on the cartridges or canisters has been reached.
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706.7.4 SELF-CONTAINED BREATHING APPARATUS
Scene commanders may direct members to use SCBA when entering an atmosphere that may pose an immediate threat to life, would cause irreversible adverse health effects or would impair an individual's ability to escape from a dangerous atmosphere. These situations may include, but are not limited to:
(a) Entering the hot zone of a hazardous materials incident. (b) Entering any area where contaminant levels may become unsafe without warning, or any situation where exposures cannot be identified or reasonably estimated. (c) Entering a smoke- or chemical-filled area.
The use of SCBA should not cease until approved by a scene commander. 706.7.5 RESPIRATOR FIT TESTING
No member shall be issued respiratory PPE until a proper fit testing has been completed by a designated member or contractor (8 CCR 5144).
After initial testing, fit testing for respiratory PPE shall be repeated (8 CCR 5144):
(a) At least once every 12 months.
(b) Whenever there are changes in the type of SCBA or facepiece used. (c) Whenever there are significant physical changes in the user (e.g., obvious change in body weight, scarring of the face seal area, dental changes, cosmetic surgery or any other condition that may affect the fit of the facepiece seal).
All respirator fit testing shall be conducted in negative-pressure mode. 706.7.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE
No member shall be issued respiratory protection that forms a complete seal around the face until (8 CCR 5144):
(a) The member has completed a medical evaluation that includes a medical evaluation questionnaire.
(b) A physician or other licensed health care professional has reviewed the questionnaire. (c) The member has completed any physical examination recommended by the reviewing physician or health care professional.
706.8 RECORDS
The Professional Services Officer is responsible for maintaining records of all:
(a) PPE training.
(b) Initial fit testing for respiratory protection equipment. (c) Annual fit testing.
(d) Respirator medical evaluation questionnaires and any subsequent physical examination results.
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1. These records shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the department records retention schedule and 8 CCR 5144.
706.9 TRAINING
Members should be trained in the respiratory and other hazards to which they may be potentially exposed during routine and emergency situations.
All members shall be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE; and the limitations (8 CCR 3380).
Members issued respiratory PPE shall attend annual training on the proper use of respiratory protection devices (8 CCR 5144).
Policy
707
Emeryville Police Department
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Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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707.2 POLICY
It is the policy of the Emeryville Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Emeryville Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
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(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Chapter 8 - Support Services
Policy
800
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Crime Analysis
800.1 PURPOSE AND SCOPE
Crime analysis is a function of the Professional Services and Standards Division and should provide current useful information to aid operational personnel in meeting their tactical crime control and prevention objectives by identifying and analyzing methods of operation of individual criminals, providing crime pattern recognition, and providing analysis of data from crime reports, field interrogations, and arrests. Additionally, crime analysis may provide statistical information and crime trends to the general public. Crime analysis can be useful to the Department's long range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities.
800.2 DATA SOURCES
Crime analysis data is extracted from many sources including, but not limited to:
• Crime reports
• Field Interview cards
• Parole and Probation records
• Computer Aided Dispatch data
• Statewide Integrated Traffic Reporting System (SWITRS) • Alameda County Criminal Records Information Management System (CRIMS) 800.3 CRIME ANALYSIS FACTORS
The following minimum criteria should be used in collecting data for Crime Analysis:
• Frequency by type of crime
• Geographic factors
• Temporal factors
• Victim and target descriptors
• Suspect descriptors
• Suspect vehicle descriptors
• Modus operandi factors
• Physical evidence information
• Link Analysis.
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800.4 CRIME ANALYSIS DISSEMINATION
For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to them. Information relevant to the development of the Department's strategic plans should be provided to the appropriate staff units.
When information pertains to tactical and strategic plans, it should be provided to all affected units.
Policy
801
Emeryville Police Department
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Broadcasting Communicable Disease
Information
801.1 PURPOSE AND SCOPE
The purpose of this policy is to prohibit the broadcast of information regarding persons with communicable diseases on any communication radio frequencies.Additionally, this information may not be maintained in a communicable disease file.
801.2 POLICY
(a) It is the policy of the Emeryville Police Department not to broadcast communicable disease information even if that information is available. (b) It is the policy of the Emeryville Police Department not to maintain filers on persons with communicable diseases.
(c) Personnel shall not broadcast either individual names or use codes, nor coded phrases to identify the presence of communicable diseases. (d) Personnel shall use universal precautions whenever the potential and means for transmission exists.
801.3 PROCEDURE
D efinition :The communicable diseases that can be hazardous to public safety workers which are referred to in this policy include, but are not limited to, three forms of Hepatitis, A, B, and C, Tuberculosis and HIV infection or Aids.
P enalties :Disclosure of medical information potentially violates constitutional privacy rights, Fraternal Order of Police, Lodge 5 v Philadelphia.Health and Safety Section 199.21 states anyone who willfully or negligently discloses that another person is HIV positive can be punished with a civil fine.
801.4 PROHIBITION AGAINST BROADCASTING INFORMATION
Dispatchers and police officers may not broadcast information about communicable diseases.The following are the opinions of the City Attorney:
(a) The term "communicable disease" could be used as a code wode for HIV or AIDS. (b) Communicable disease information may be inaccurate or false. (c) The general public has access to communications over a police radio frequency. (d) Coded communicable disease information is not necessary over the air as responding officers should habitually apply universal precautions when the potential and means for transmission exists.
Policy
802
Emeryville Police Department
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Communications Center
802.1 PURPOSE AND SCOPE
This policy establishes guidelines for the basic functions of the Communications Center. It addresses the immediate information needs of the Department in the course of its normal daily activities and during emergencies.
802.2 POLICY
It is the policy of the Emeryville Police Department to provide 24-hour telephone service to the public for information and for routine or emergency assistance. The Department provides two-way radio capability providing continuous communication between the Communications Center and department members in the field.
802.3 THE COMMUNICATIONS CENTER SECURITY
The communications function is vital and central to all emergency service operations. The safety and security of the Communications Center, its members and its equipment must be a high priority. Special security procedures should be established in a separate operations manual for the Communications Center.
Access to the Communications Center shall be limited to the Communications Center members, the Watch Commander, command staff and department members with a specific business-related purpose.
802.4 RESPONSIBILITIES
802.4.1 POLICE SERVICE MANAGER
The Chief of Police shall appoint and delegate certain responsibilities to a Police Service Manager. The Police Service Manager is directly responsible to the Professional Services Division Lieutenant or the authorized designee.
The responsibilities of the Police Service Manager include, but are not limited to:
(a) Overseeing the efficient and effective operation of the Communications Center in coordination with other supervisors.
(b) Scheduling and maintaining dispatcher time records. (c) Supervising, training, and evaluating dispatchers.
(d) Ensuring the radio and telephone recording system is operational.
1. Recordings shall be maintained in accordance with the established records retention schedule and as required by law.
(e) Processing requests for copies of the Communications Center information for release. (f) Maintaining the Communications Center database systems. (g) Maintaining and updating the Communications Center procedures manual.
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(a) Procedures for specific types of crime reports may be necessary. For example, specific questions and instructions may be necessary when talking with a victim of a sexual assault to ensure that his/her health and safety needs are met, as well as steps that he/she may take to preserve evidence. (b) Ensuring dispatcher compliance with established policies and procedures. (h) Handling internal and external inquiries regarding services provided and accepting personnel complaints in accordance with the Personnel Complaints Policy. (i) Maintaining a current contact list of City personnel to be notified in the event of a utility service emergency.
(j) Maintaining minimum staffing.
(k) On the 5/8 schedule, minimum staffing should be one dispatcher 24-hours a day and two dispatchers during swing shift hours.
802.4.2 ADDITIONAL PROCEDURES
The Police Service Manager should establish procedures for:
(a) Recording all telephone and radio communications and playback issues. (b) Storage and retention of recordings.
(c) Security of audio recordings (e.g., passwords, limited access, authorized reviewers, preservation of recordings past normal retention standards). (d) Availability of current information for dispatchers (e.g., Watch Commander contact, rosters, member tracking methods, member contact, maps, emergency providers, tactical dispatch plans).
(e) Assignment of field members and safety check intervals. (f) Emergency Medical Dispatch (EMD) instructions.
(g) Procurement of external services (e.g., fire suppression, ambulances, aircraft, tow trucks, taxis).
(h) Protection of essential equipment (e.g., surge protectors, gaseous fire suppression systems, uninterruptible power systems, generators).
(i) Protection of radio transmission lines, antennas, and power sources for the Communications Center (e.g., security cameras, fences). (j) Handling misdirected, silent, and hang-up calls.
(k) Handling private security alarms, if applicable.
(l) Radio interoperability issues.
(m) Dispatcher staffing
802.4.3 DISPATCHERS
Dispatchers report to the Police Service Manager. The responsibilities of the dispatcher include, but are not limited to:
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(a) Receiving and handling all incoming and transmitted communications, including:
1. Emergency 9-1-1 lines.
2. Business telephone lines.
3. Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY) equipment.
4. Radio communications with department members in the field and support resources (e.g., fire department, emergency medical services (EMS), allied agency law enforcement units).
5. Other electronic sources of information (e.g., text messages, digital photographs, video).
(b) Documenting the field activities of department members and support resources (e.g., fire department, EMS, allied agency law enforcement units). (c) Inquiry and entry of information through the Communications Center, department and other law enforcement database systems (CLETS, DMV, NCIC). (d) Monitoring department video surveillance systems.
(e) Maintaining the current status of members in the field, their locations and the nature of calls for service.
(f) Notifying the Watch Commander or field supervisor of emergency activity, including, but not limited to:
1. Vehicle pursuits.
2. Foot pursuits.
3. Assignment of emergency response.
802.5 CALL HANDLING
This Department provides members of the public with access to the 9-1-1 system for a single emergency telephone number.
When a call for services is received, the dispatcher will reasonably and quickly attempt to determine whether the call is an emergency or non-emergency, and shall quickly ascertain the call type, location and priority by asking four key questions:
• Where?
• What?
• When?
• Who?
If the dispatcher determines that the caller has a hearing and/or speech impairment or disability, he/she shall immediately initiate a connection with the individual via available TDD/TTY equipment or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities Act (ADA).
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If the dispatcher determines that the caller is a limited English proficiency (LEP) individual, the dispatcher should quickly determine whether sufficient information can be obtained to initiate an appropriate response. If language assistance is still needed, the language is known and a language-appropriate authorized interpreter is available in the Communications Center, the dispatcher should immediately connect the LEP caller to the authorized interpreter.
If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language, the dispatcher will contact the contracted telephonic interpretation service and establish a threeparty call connecting the dispatcher, the LEP individual and the interpreter.
Dispatchers should be courteous, patient and respectful when dealing with the public. 802.5.1 EMERGENCY CALLS
A call is considered an emergency when there is an immediate or potential threat to life or serious property damage, and the timely arrival of public safety assistance is of the utmost importance. A person reporting an emergency should not be placed on hold until the dispatcher has obtained all necessary information to ensure the safety of the responding department members and affected individuals.
Emergency calls should be dispatched immediately. The Watch Commander shall be notified of pending emergency calls for service when department members are unavailable for dispatch. 802.5.2 NON-EMERGENCY CALLS
A call is considered a non-emergency call when there is no immediate or potential threat to life or property. A person reporting a non-emergency may be placed on hold, if necessary, to allow the dispatcher to handle a higher priority or emergency call.
The reporting person should be advised if there will be a delay in the dispatcher returning to the telephone line or when there will be a delay in the response for service. 802.6 RADIO COMMUNICATIONS
The police radio system is for official use only, to be used by dispatchers to communicate with department members in the field. All transmissions shall be professional and made in a calm, businesslike manner, using proper language and correct procedures. Such transmissions shall include, but are not limited to:
(a) Members acknowledging the dispatcher with their radio identification call signs and current location.
(b) Dispatchers acknowledging and responding promptly to all radio transmissions. (c) Members keeping the dispatcher advised of their status and location. (d) Member and dispatcher acknowledgements shall be concise and without further comment unless additional information is needed.
The Police Service Manager shall be notified of radio procedure violations or other causes for complaint. All complaints and violations will be investigated and reported to the complainant’s supervisor and processed through the chain of command.
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802.6.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE
Emeryville Police Department radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and requirements. 802.6.2 RADIO IDENTIFICATION
Radio call signs are assigned to department members based on factors such as duty assignment, uniformed patrol assignment and/or member identification number. Dispatchers shall identify themselves on the radio with the appropriate station name or number, and identify the department member by his/her call sign. Members should use their call signs when initiating communication with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher can acknowledge the appropriate department member. Members initiating communication with other law enforcement or support agencies shall use their entire radio call sign, which includes the department station name or number.
802.7 DOCUMENTATION
It shall be the responsibility of the Communications Center to document all relevant information on calls for service or self-initiated activity. Dispatchers shall attempt to elicit, document and relay as much information as possible to enhance the safety of the member and assist in anticipating conditions that may be encountered at the scene. Desirable information would include, at a minimum:
• Incident control number.
• Date and time of request.
• Name and address of the reporting person, if possible. • Type of incident reported.
• Involvement of weapons, drugs and/or alcohol.
• Location of incident reported.
• Identification of members assigned as primary and backup. • Time of dispatch.
• Time of the responding member’s arrival.
• Time of member’s return to service.
• Disposition or status of reported incident.
802.8 CONFIDENTIALITY
Information that becomes available through the Communications Center may be confidential or sensitive in nature. All members of the Communications Center shall treat information that becomes known to them as confidential and release that information in accordance with the Protected Information Policy.
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Automated data, such as Department of Motor Vehicle records, warrants, criminal history information, records of internal police files or medical information, shall only be made available to authorized law enforcement personnel. Prior to transmitting confidential information via the radio, an admonishment shall be made that confidential information is about to be broadcast. 802.9 TRAINING AND CERTIFICATION
Dispatchers shall receive training consistent with minimum standards established by POST (Penal Code § 13510).
Policy
803
Emeryville Police Department
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Property and Evidence
803.1 PURPOSE AND SCOPE
This_policy provides for the proper collection, storage, and security of evidence and other property.
Additionally, this policy provides for the protection of the chain of evidence and identifies those persons authorized to remove and/or destroy property.
803.2 DEFINITIONS
Property - Includes all items of evidence, items taken for safekeeping and found property.
Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints.
Safekeeping - Includes the following types of property:
• Property obtained by the Department for safekeeping such as a firearm • Personal property of an arrestee not taken as evidence • Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons))
Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 803.3 PROPERTY HANDLING
Any_employee who first comes into possession of any property shall retain such property in his/ her possession until it is properly tagged and placed in the designated property locker or storage room along with the property form. Care shall be taken to maintain the chain of custody for all evidence.
Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the items.
803.3.1 PROPERTY BOOKING PROCEDURE
All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property shall observe the following guidelines:
(a) Complete the property entry describing each item of property separately, listing all serial numbers, owner’s name, finder's name, and other identifying information or markings.
(b) Mark each item of evidence with the booking employee’s initials and the date booked using the appropriate method so as not to deface or damage the value of the property. (c) Complete an evidence/property tag and attach it to each package or envelope in which the property is stored.
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(d) Place the case number in the upper right hand corner of the bag. (e) The original property entry shall be approved with the case report. A copy shall be placed with the property in the temporary property locker or with the property if property is stored somewhere other than a property locker.
(f) When the property is too large to be placed in a locker, the item may be retained in the proper evidence storage location.Submit the completed property record into a numbered locker indicating the location of the property. 803.3.2 NARCOTICS AND DANGEROUS DRUGS
All_narcotics and dangerous drugs shall be booked separately.. Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately.
The officer seizing the narcotics and dangerous drugs shall place them in the designated locker accompanied by two copies of the form for the Records Section and detectives. The remaining copy will be detached and submitted with the case report. 803.3.3 EXPLOSIVES
Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives.
Explosives will not be retained in the police facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials.
The Police Evidence Technician is responsible for transporting to the Fire Department, on a regular basis, any fireworks or signaling devices that are not retained as evidence. 803.3.4 EXCEPTIONAL HANDLING
Certain property items require a separate process. The following items shall be processed in the described manner:
(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking. (b) License plates found not to be stolen or connected with a known crime, should be released directly to the Police Evidence Technician, or mailed to the Department of Motor Vehicles by the officer. No formal property booking process is required. (c) All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the Police Evidence Technician, or placed in the bicycle storage area until a Police Evidence Technician can log the property.
(d) All cash shall be counted in the presence of a supervisor and the envelope initialed by the booking officer and the supervisor. The Watch Commander shall be contacted for cash in excess of $1,000 for special handling procedures.
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City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 803.3.5 RELINQUISHED FIREARMS
Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be issued a receipt that describes the firearm, the serial number or other identification of the firearm at the time of relinquishment (Penal Code § 29810).
Relinquished firearms shall be retained for 30 days, after which time they may be destroyed, retained, sold or otherwise transferred, unless (Penal Code § 29810):
(a) A certificate is issued by a judge of a court of record or the District Attorney stating the firearms shall be retained; or
(b) The convicted person provides written notice of an intent to appeal the conviction that necessitated the relinquishment; or
(c) The Automated Firearms System indicates that the firearm was reported lost or stolen.
1. In such event, the firearm shall be restored to the lawful owner as soon as it is no longer needed as evidence, the lawful owner has identified the weapon and provided proof of ownership, and the Department has complied with the requirements of Penal Code § 33850 et seq.
The Police Evidence Technician shall ensure the Police Services Manager is notified of the relinquished firearm for purposes of updating the Automated Firearms System and the disposition of the firearm for purposes of notifying the California Department of Justice (DOJ) (See the Records Section Policy).
803.4 PACKAGING OF PROPERTY
Certain items require special consideration and shall be booked separately as follows:
(a) Narcotics and dangerous drugs
(b) Firearms and magazines (from the same firearm) should be booked together (ensure they are unloaded and booked separately from ammunition) (c) Property with more than one known owner
(d) Paraphernalia as described in Health and Safety Code § 11364 (e) Fireworks
(f) Contraband
803.4.1 PACKAGING CONTAINER
Employees shall package all property, except narcotics and dangerous drugs in a suitable container available for its size. Knife boxes should be used to package knives, and syringe tubes should be used to package syringes and needles.
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A property tag shall be securely attached to the outside of all items or group of items packaged together.
803.4.2 PACKAGING NARCOTICS
The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in the designated narcotics locker, accompanied by two copies of the property record.
Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in the report room. The booking officer shall initial the sealed envelope and the initials covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property.
A completed property tag shall be attached to the outside of the container. The chain of evidence shall be recorded on the back of this tag.
803.5 RECORDING OF PROPERTY
The Police Evidence Technician receiving custody of evidence or property shall record his/her signature, the date and time the property was received and where the property will be stored on the property bar code label..
A property number shall be obtained for each item or group of items. This number shall be recorded on the bar code label and the property control card.
803.6 PROPERTY CONTROL
Each time the Police Evidence Technician receives property or releases property to another person, he/she shall enter this information on the RMS system.. Officers desiring property for court shall contact the Police Evidence Technician at least one day prior to the court day. 803.6.1 RESPONSIBILITY OF OTHER PERSONNEL
Every time property is released or received, an appropriate entry on the evidence package shall be completed to maintain the chain of evidence. No property or evidence is to be released without first receiving written authorization from a supervisor or detective.
Request for analysis for items other than narcotics or drugs shall be completed on the appropriate forms and submitted to the Police Evidence Technician. This request may be filled out any time after booking of the property or evidence.
803.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY
The transporting employee will check the evidence out of property, indicating the date and time on the RMS system and the request for laboratory analysis.
The Police Evidence Technician releasing the evidence must complete the required information on the RMS system and the evidence. The lab forms will be transported with the property to the examining laboratory. Upon delivering the item involved, the officer will record the delivery time Emeryville Police Department
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on both copies, and indicate the locker in which the item was placed or the employee to whom it was delivered. The original copy of the lab form will remain with the evidence and the copy will be returned to the Records Section for filing with the case. 803.6.3 STATUS OF PROPERTY
Each person receiving property will make the appropriate entry to document the chain of evidence.
Temporary release of property to officers for investigative purposes, or for court, shall be noted on the RMS system, stating the date, time and to whom released.
The Police Evidence Technician shall obtain the signature of the person to whom property is released and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity.
The return of the property should be recorded on the RMS system, indicating date, time, and the person who returned the property.
803.6.4 AUTHORITY TO RELEASE PROPERTY
The Police Evidence Technicianshall authorize the disposition or release of all evidence and property coming into the care and custody of the Department. 803.6.5 RELEASE OF PROPERTY
All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation.
Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented in the RMS system.
With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 60 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports.
A Police Evidence Technician shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property bar code tag., the card shall be forwarded to the Records Section for filing with the case. If some items of property have not been released, the property card will remain Emeryville Police Department
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with the Property and Evidence Bureau. Upon release, the proper entry shall be documented in the Property Log.
Under no circumstances shall any firearm, magazine, or ammunition be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865.
The Property and Evidence Bureau Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and, if so, the firearm should not be released to the person while the order is in effect.
The Department is not required to retain any firearm, magazine, or ammunition longer than 180 days after notice has been provided to the owner that such items are available for return. At the expiration of such period, the firearm, magazine, or ammunition may be processed for disposal in accordance with applicable law (Penal Code § 33875).
803.6.6 DISPUTED CLAIMS TO PROPERTY
Occasionally more than one party may claim an interest in property being held by the Department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property.
All parties should be advised that their claims are civil and in extreme situations, legal counsel for the Department may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)).
803.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS
The Criminal Investigations Section will be responsible for the storage, control and destruction of all narcotics and dangerous drugs coming into the custody of this department, including paraphernalia as described in Health and Safety Code § 11364. 803.6.8 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm or ammunition, the Police Evidence Technician shall return the weapon or ammunition to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met, unless the firearm or ammunition is determined to be stolen, evidence in a criminal investigation, or the individual is otherwise prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 33855).
803.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other deadly weapons confiscated from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows:
(a) If a petition for a hearing regarding the return of a firearm or a weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the firearm or weapon shall be released or disposed of as provided by an order of the court. If the court Emeryville Police Department
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orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and written notification from the California Department of Justice (DOJ) that conforms to the provisions of Penal Code § 33865. (b) If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the firearm or weapon is not retained as evidence, the Department shall make the firearm or weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ that conforms to the provisions of Penal Code § 33865.
(c) Unless the person contacts the Department to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed, or retained as provided in Welfare and Institutions Code § 8102.
803.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120).
If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120).
If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the Emeryville Police Department determines him/her to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120).
Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000.
803.6.11 RELEASE OF FIREARMS, MAGAZINES, AND AMMUNITION The Department shall not return any firearm, magazine, or ammunition taken into custody to any individual unless all requirements of Penal Code § 33855 are met. 803.7 DISPOSITION OF PROPERTY
All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The Police Evidence Technician shall request a disposition or status on all property which has been held in excess of 120 days, and for which no disposition has been received from a supervisor or detective.
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803.7.1 EXCEPTIONAL DISPOSITIONS
The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:
• Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010; Penal Code § 32750)
• Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a)
• Counterfeiting equipment (Penal Code § 480)
• Gaming devices (Penal Code § 335a)
• Obscene matter ordered to be destroyed by the court (Penal Code § 312) • Altered vehicles or component parts (Vehicle Code § 10751) • Narcotics (Health and Safety Code § 11474 et seq.)
• Unclaimed, stolen, or embezzled property (Penal Code § 1411) • Destructive devices (Penal Code § 19000)
• Sexual assault evidence (Penal Code § 680)
803.7.2 UNCLAIMED MONEY
If found or seized money is no longer required as evidence and remains unclaimed after three years, the Department shall cause a notice to be published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051).
Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055).
If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this department to fund official law enforcement operations. Money representing restitution collected on behalf of victims shall either be deposited into the Restitution Fund or used for purposes of victim services.
803.7.3 RETENTION OF BIOLOGICAL EVIDENCE
The Property and Evidence Bureau Supervisor shall ensure that no biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable:
(a) The defendant
(b) The defendant’s attorney
(c) The appropriate prosecutor and Attorney General
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(d) Any sexual assault victim
(e) The Professional Services and Standards Division supervisor Biological evidence shall be retained for either a minimum period that has been established by law (Penal Code § 1417.9) or that has been established by the Property and Evidence Bureau Supervisor, or until the expiration of any imposed sentence that is related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Department within 180 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Professional Services and Standards Division supervisor.
Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor’s office.
Biological evidence or other crime scene evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal Code § 680. Even after expiration of an applicable statute of limitations, the Professional Services and Standards Division supervisor should be consulted and the sexual assault victim shall be notified at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be documented in writing (Penal Code § 680.3). 803.8 INSPECTIONS OF THE EVIDENCE ROOM
(a) On a monthly basis, the supervisor of the evidence custodian shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures.
(b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police.
(c) An annual audit of evidence held by the Department shall be conducted by a Division Captain (as appointed by the Chief of Police) not routinely or directly connected with evidence control.
(d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual not associated to the property room or function to ensure that records are correct and all evidence property is accounted for.
803.9 ENTRY INTO A PROPERTY AND EVIDENCE STORAGE AREA
Any person (other than assigned property and evidence personnel) entering and departing any agency evidence/property storage area shall sign an established visitors' log which identifies the individual, date and time of entry/exit, and purpose for entering the storage area.
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(a) For the purposes of this section, employees logging items into a temporary property storage area will only require proper documentation in the Department Records Management System (report or CAD log).
(b) All visitors shall be in the immediate physical presence of agency property and evidence personnel.
Policy
804
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Records Section
804.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Emeryville Police Department Records Section. The policy addresses department file access and internal requests for case reports.
804.2 POLICY
It is the policy of the Emeryville Police Department to maintain department records securely, professionally, and efficiently.
804.3 DETERMINATION OF FACTUAL INNOCENCE
In any case where a person has been arrested by officers of the Emeryville Police Department and no accusatory pleading has been filed, the person arrested may petition the Department to destroy the related arrest records. Petitions should be forwarded to the Professional Services and Standards Supervisor. The Professional Services and Standards Supervisor should promptly contact the prosecuting attorney and request a written opinion as to whether the petitioner is factually innocent of the charges (Penal Code § 851.8). Factual innocence means the accused person did not commit the crime.
Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the Professional Services and Standards Supervisor should forward the petition to the Criminal Investigations Section Supervisor and the City Attorney for review. After such review and consultation with the City Attorney, the Criminal Investigations Section Supervisor and the Professional Services and Standards Supervisor shall decide whether a finding of factual innocence is appropriate.
Upon determination that a finding of factual innocence is appropriate, the Professional Services and Standards Supervisor shall ensure that the arrest record and petition are sealed for later destruction and the required notifications are made to the California DOJ and other law enforcement agencies (Penal Code § 851.8).
The Professional Services and Standards Supervisor should respond to a petition with the Department’s decision within 45 days of receipt. Responses should include only the decision of the Department, not an explanation of the analysis leading to the decision. 804.4 RESPONSIBILITIES
804.4.1 POLICE SERVICES MANAGER
The Chief of Police shall appoint and delegate certain responsibilities to a Police Services Manager. The Police Services Manager shall be directly responsible to the Professional Services and Standards Division Captain or the authorized designee.
The responsibilities of the Police Services Manager include but are not limited to:
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(a) Overseeing the efficient and effective operation of the Records Section. (b) Scheduling and maintaining Records Section time records. (c) Supervising, training, and evaluating Records Section staff. (d) Maintaining and updating a Records Section procedure manual. (e) Ensuring compliance with established policies and procedures. (f) Supervising the access, use, and release of protected information (see the Protected Information Policy).
(g) Establishing security and access protocols for case reports designated as sensitive, where additional restrictions to access have been implemented. Sensitive reports may include but are not limited to:
1. Homicides.
2. Cases involving department members or public officials.
3. Any case where restricted access is prudent.
804.4.2 RECORDS SECTION
The responsibilities of the Records Section include but are not limited to:
(a) Maintaining a records management system for case reports.
1. The records management system should include a process for numbering, identifying, tracking, and retrieving case reports.
(b) Entering case report information into the records management system.
1. Modification of case reports shall only be made when authorized by a supervisor. (c) Providing members of the Department with access to case reports when needed for investigation or court proceedings.
(d) Maintaining compliance with federal, state, and local regulations regarding reporting requirements of crime statistics. This includes reporting statistical data to the California Department of Justice (DOJ) for:
1. All officer-involved shootings and incidents involving use of force resulting in serious bodily injury (Government Code § 12525.2).
2. Suspected hate crimes (Penal Code § 13023).
3. Complaints of racial bias against officers (Penal Code § 13012; Penal Code § 13020).
4. Civilian complaints made against officers (Penal Code § 832.5; Penal Code § 13012).
5. Stop data required by Government Code § 12525.5 and 11 CCR 999.226. (a) The reported information must not contain personally identifiable information of the person stopped or other information exempt from disclosure pursuant to Government Code § 12525.5 (11 CCR 999.228).
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(e) Maintaining compliance with federal, state, and local regulations regarding criminal history reports and auditing.
(f) Identifying missing case reports and notifying the responsible member’s supervisor. (g) Updating the Automated Firearms System to reflect any firearms relinquished to the Department and the subsequent disposition to the DOJ pursuant to Penal Code § 34010 (Penal Code § 29810).
(h) Entering into the Automated Firearms System information about each firearm that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered in relation to a private party firearms transaction or registration, relinquished pursuant to a court order, or under observation, within seven calendar days of the precipitating event (Penal Code § 11108.2).
(i) Maintaining compliance with the state and DOJ reporting requirements regarding the number of transfers of individuals to immigration authorities and offenses that allowed for the transfers (Government Code § 7284.6(c)(2)).
(j) Transmitting data to the Joint Regional Information Exchange System on any suspected multi-mission extremist crimes.
804.4.3 RECORDS SECTION PROCEDURE MANUAL
The Police Services Manager should establish procedures that address:
(a) Identifying by name persons in reports.
(b) Classifying reports by type of incident or crime.
(c) Tracking reports through the approval process.
(d) Assigning alpha-numerical records to all arrest records. (e) Managing a warrant and wanted persons file.
804.5 FILE ACCESS AND SECURITY
The security of files in the Records Section must be a high priority and shall be maintained as mandated by state or federal law. All case reports including but not limited to initial, supplemental, follow-up, evidence, and any other reports related to a police department case, including field interview (FI) cards, criminal history records, and publicly accessible logs, shall be maintained in a secure area within the Records Section, accessible only by authorized members of the Records Section. Access to case reports or files when Records Section staff is not available may be obtained through the Watch Commander.
The Records Section will also maintain a secure file for case reports deemed by the Chief of Police as sensitive or otherwise requiring extraordinary access restrictions. 804.6 ORIGINAL CASE REPORTS
Generally, original case reports shall not be removed from the Records Section. Should an original case report be needed for any reason, the requesting department member shall first obtain authorization from the Police Services Manager. All original case reports removed from Emeryville Police Department
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the Records Section shall be recorded on a designated report check-out log, which shall be the only authorized manner by which an original case report may be removed from the Records Section.
All original case reports to be removed from the Records Section shall be photocopied and the photocopy retained in the file location of the original case report until the original is returned to the Records Section. The photocopied report shall be shredded upon return of the original report to the file.
804.7 CONFIDENTIALITY
Records Section staff has access to information that may be confidential or sensitive in nature.
Records Section staff shall not access, view, or distribute, or allow anyone else to access, view, or distribute any record, file, or report, whether in hard copy or electronic file format, or any other confidential, protected, or sensitive information except in accordance with the Records Maintenance and Release and Protected Information policies and the Records Section procedure manual.
804.8 ARREST WITHOUT FILING OF ACCUSATORY PLEADING
The Field Services Division Captain should ensure a process is in place for when an individual is arrested and released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5; Penal Code § 851.6):
(a) The individual is issued a certificate describing the action as a detention. (b) All references to an arrest are deleted from the arrest records of the Department and the record reflects only a detention.
(c) The California DOJ is notified.
Policy
805
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Restoration of Firearm Serial Numbers
805.1 PURPOSE AND SCOPE
The primary purpose for restoring firearm serial numbers is to determine the prior owners or origin of the item from which the number has been recovered. Thus, property can be returned to rightful owners or investigations can be initiated to curb illegal trade of contraband firearms. The purpose of this plan is to develop standards, methodologies, and safety protocols for the recovery of obliterated serial numbers from firearms and other objects using procedures that are accepted as industry standards in the forensic community. All personnel who are involved in the restoration of serial numbers will observe the following guidelines. This policy complies with Penal Code § 11108.9.
805.2 PROCEDURE
Any firearm coming into the possession of the Emeryville Police Department as evidence, found property, etc., where the serial numbers have been removed or obliterated will be processed in the following manner:
805.2.1 PRELIMINARY FIREARM EXAMINATION
(a) Always keep the muzzle pointed in a safe direction. Be sure the firearm is in an unloaded condition. This includes removal of the ammunition source (e.g., the detachable magazine, contents of the tubular magazine) as well as the chamber contents.
(b) If the firearm is corroded shut or in a condition that would preclude inspection of the chamber contents, treat the firearm as if it is loaded. Make immediate arrangements for a firearms examiner or other qualified examiner to render the firearm safe. (c) Accurately record/document the condition of the gun when received. Note the positions of the various components such as the safeties, cylinder, magazine, slide, hammer, etc. Accurately record/document cylinder chamber and magazine contents. Package the ammunition separately.
(d) If the firearm is to be processed for fingerprints or trace evidence, process before the serial number restoration is attempted. First record/document important aspects such as halos on the revolver cylinder face or other relevant evidence that might be obscured by the fingerprinting chemicals.
805.2.2 PROPERTY BOOKING PROCEDURE
Any employee taking possession of a firearm with removed/obliterated serial numbers shall book the firearm into property following standard procedures. The employee booking the firearm shall indicate on the property form that serial numbers have been removed or obliterated.
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805.2.3 POLICE SERVICE TECHNICIAN RESPONSIBILITY
The Police Service Technician receiving a firearm when the serial numbers have been removed or obliterated shall arrange for the firearm to be transported to the crime lab for restoration and maintain the chain of evidence.
805.2.4 DOCUMENTATION
Case reports are prepared in order to document the chain of custody and the initial examination and handling of evidence from the time it is received/collected until it is released.
This report must include a record of the manner in which and/or from whom the firearm was received. This may appear on the request form or property form depending on the type of evidence. 805.2.5 FIREARM TRACE
After the serial number has been restored (or partially restored) by the criminalistics laboratory, the Police Evidence Technician will complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Tracing Center (NTC) Obliterated Serial Number Trace Request Form (ATF 3312.1-OBL) and forward the form to the NTC in Falling Waters, West Virginia or enter the data into the ATF eTrace system.
805.3 BULLET AND CASING IDENTIFICATION
Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria and protocol, may be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Integrated Ballistic Information Network (NIBIN) which uses the Integrated Ballistic Identification System (IBIS) technology to search the national database and compare with ballistic evidence recovered from other crime scenes.
Policy
806
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Records Maintenance and Release
806.1 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. 806.2 POLICY
The Emeryville Police Department is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 6250 et seq.). 806.3 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 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 Department must keep records.
2. Identifying the department division 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 § 6253).
(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 § 6253).
(g) Determining how the department's website may be used to post public records in accordance with Government Code § 6253.
(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 Department website meet the requirements of Government Code § 6253.10 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 § 6270.5) is publicly available upon request and posted in a prominent location on the Department’s website.
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806.3.1 ARREST REPORTS
Arrestee information shall be subject to release in the same manner as information contained in other reports as set forth above.
In addition to the restrictions stated above, all requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, City Attorney or the courts pursuant to Penal Code § 1054.5.
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.
806.3.2 TRAFFIC COLLISION REPORTS
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.
806.3.3 PERSONNEL RECORDS
Personnel records, medical records and similar records which would involve personal privacy shall not be made public (Government Code § 6254((c); Penal Code § 832.7; Penal Code § 832.8).
Peace officer personnel records are deemed confidential (Penal Code § 832.7, et seq.) and shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order (Evidence Code § 1043, et seq.).
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.
806.3.4 CONCEALED WEAPONS PERMITS
Information contained in CCW permit applications or other files which would tend to reveal where the applicant is vulnerable or which contains medical or psychological information shall not be made public (Government Code § 6254(u)).
806.3.5 DOMESTIC VIOLENCE REPORTS
Victims of domestic violence or their representative shall be provided, without charge, one copy of all domestic violence incident report face sheets, one copy of all domestic violence incident reports, or both, pursuant to the requirements and time frames of Family Code § 6228. 806.4 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.
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806.4.1 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 § 6253).
The processing of requests for any record is subject to the following (Government Code § 6253):
(a) The Department is not required to create records that do not exist. (b) Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain department records or information. If identification is required, a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 6254.30). (c) Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the Department shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response.
1. When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 6253.1).
2. If the record requested is available on the department website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided.
(d) Upon request, a record shall be provided in an electronic format utilized by the Department. Records shall not be provided only in electronic format unless specifically requested (Government Code § 6253.9).
(e) When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released.
1. A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/ video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions.
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(f) If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure (Government Code § 6255). The written response shall also include the names, titles or positions of each person responsible for the denial. 806.5 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 Department, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722).
(b) Social Security numbers (Government Code § 6254.29). (c) Personnel records, medical records, and similar records that would involve an unwarranted invasion of personal privacy except as allowed by law (Government Code § 6254; 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 to any arrested person or to any person who may be a defendant in a criminal action shall not be disclosed, unless it is required by law (Government Code § 6254; 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, or both, 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 Emeryville Police Department
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face, intimate body part, or voice of a victim of the incident except as provided by Government Code § 6254.4.5.
(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 § 6254).
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 § 6254(f). (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, 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 § 6254).
(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 § 6254).
(m) Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 6254.25).
(n) Records relating to the security of the department’s electronic technology systems (Government Code § 6254.19).
(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 Emeryville Police Department
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law, including but not limited to provisions of the Evidence Code relating to privilege (Government Code § 6254).
(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).
806.6 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 Department so that a timely response can be prepared.
806.7 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.
806.8 SEALED RECORD ORDERS
Sealed record orders received by the 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 Police Services Manager 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.
806.8.1 SEALED JUVENILE ARREST RECORDS
Upon receiving notice from a probation department to seal juvenile arrest records pursuant to Welfare and Institutions Code § 786.5, the Police Services Manager should ensure that the records Emeryville Police Department
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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). 806.9 SECURITY BREACHES
The Police Services Manager 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 Department information system (Civil Code § 1798.29).
Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the 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:
• Social Security number
• 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
• 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
• Medical information
• Health insurance information
• A username or email address, in combination with a password or security question and answer that permits access to an online account
• Information or data collected by Automated License Plate Reader (ALPR) technology • Unique biometric data
• Genetic data
806.9.1 FORM OF NOTICE
(a) The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following:
1. The date of the notice.
2. Name and contact information for the Emeryville Police Department.
3. A list of the types of personal information that were or are reasonably believed to have been acquired.
4. The estimated date or date range within which the security breach occurred.
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5. Whether the notification was delayed as a result of a law enforcement investigation.
6. A general description of the security breach.
7. The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number.
(b) The notice may also include information about what the Emeryville 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).
(c) When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit access to an online account, and no other personal information has been breached (Civil Code § 1798.29):
1. Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the 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 Emeryville 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.
806.9.2 MANNER OF NOTICE
(a) Notice may be provided by one of the following methods (Civil Code § 1798.29):
1. Written notice.
2. Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001.
3. Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the Department does not have sufficient contact information. Substitute notice shall consist of all of the following:
(a) Email notice when the Department has an email address for the subject person.
(b) Conspicuous posting of the notice on the department’s webpage for a minimum of 30 days.
4. Notification to major statewide media and the California Information Security Office within the California Department of Technology.
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(b) If a single breach requires the Department to notify more than 500 California residents, the Department shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General. 806.10 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 § 6254(f)(4)).
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 § 6254(f)(4)).
The Custodian of Records should work as appropriate with the Chief of Police or the IA investigator 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.
806.10.1 DELAY OF RELEASE
Disclosure of critical incident recordings during active criminal or administrative investigations may be delayed as follows if disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source:
(a) Disclosure may be delayed up to 45 days from the date the Department knew or reasonably should have known about the incident.
(b) Delay of disclosure may continue after the initial 45 days and up to one year if the Department demonstrates that disclosure would substantially interfere with the investigation.
(c) Any delay of disclosure longer than one year must be supported by clear and convincing evidence that disclosure would substantially interfere with the investigation (Government Code § 6254(f)(4)).
806.10.2 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 § 6254(f)(4)):
(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 Emeryville Police Department
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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.
806.10.3 REDACTION
If the Custodian of Records, in consultation with the Chief of Police or authorized designee, determines that specific portions of the recording may violate the reasonable expectation of privacy of a person depicted in the recording, the 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 § 6254(f)(4)).
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 § 6254(f)(4)).
806.10.4 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 Department may withhold the recording from the public, except that the recording, either redacted or unredacted, shall be disclosed promptly, upon request, to any of the following (Government Code § 6254(f)(4)):
(a) The person in the recording whose privacy is to be protected, or his/her 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 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 § 6254(f)(4)).
The Department may continue to delay release of the recording from the public for 45 days with extensions as provided in this policy (Government Code § 6254(f)(4)(A)).
Policy
807
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Protected Information
807.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Emeryville Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Maintenance and Release Policy. 807.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored or accessed by members of the Emeryville Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 807.2 POLICY
Members of the Emeryville Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information.
807.3 RESPONSIBILITIES
The Chief of Police shall select a member of the Department to coordinate the use of protected information.
The responsibilities of this position include, but are not limited to:
(a) Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Department of Motor Vehicle (DMV) records and California Law Enforcement Telecommunications System (CLETS).
(b) Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice’s current Criminal Justice Information Services (CJIS) Security Policy.
(c) Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information.
(d) Developing procedures to ensure training and certification requirements are met. (e) Resolving specific questions that arise regarding authorized recipients of protected information.
(f) Ensuring security practices and procedures are in place to comply with requirements applicable to protected information.
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807.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Emeryville Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access.
Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution.
807.4.1 PENALTIES FOR MISUSE OF RECORDS
It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history information without authorization by law (Penal Code § 11143).
Authorized persons or agencies violating state regulations regarding the security of Criminal Offender Record Information (CORI) maintained by the California Department of Justice may lose direct access to CORI (11 CCR 702).
807.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know.
A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Police Services Manager for information regarding a formal request.
Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation.
Any such information should be released through the Records Section to ensure proper documentation of the release (see the Records Maintenance and Release Policy). 807.5.1 REVIEW OF CRIMINAL OFFENDER RECORD
Individuals requesting to review their own California criminal history information shall be referred to the Department of Justice (Penal Code § 11121).
Individuals shall be allowed to review their arrest or conviction record on file with the Department after complying with all legal requirements regarding authority and procedures in Penal Code § 11120 through Penal Code § 11127 (Penal Code § 13321).
807.5.2 TRANSMISSION GUIDELINES
Protected information, such as restricted Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should not be transmitted via unencrypted radio.
When circumstances reasonably indicate that the immediate safety of officers, other department members, or the public is at risk, only summary information may be transmitted.
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In cases where the transmission of protected information, such as Personally Identifiable Information, is necessary to accomplish a legitimate law enforcement purpose, and utilization of an encrypted radio channel is infeasible, a MDC or department-issued cellular telephone should be utilized when practicable. If neither are available, unencrypted radio transmissions shall be subject to the following:
• Elements of protected information should be broken up into multiple transmissions, to minimally separate an individual’s combined last name and any identifying number associated with the individual, from either first name or first initial. • Additional information regarding the individual, including date of birth, home address, or physical descriptors, should be relayed in separate transmissions.
Nothing in this policy is intended to prohibit broadcasting warrant information. 807.6 SECURITY OF PROTECTED INFORMATION
The Chief of Police will select a member of the Department to oversee the security of protected information.
The responsibilities of this position include, but are not limited to:
(a) Developing and maintaining security practices, procedures and training. (b) Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c) Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks. (d) Tracking, documenting and reporting all breach of security incidents to the Chief of Police and appropriate authorities.
807.6.1 MEMBER RESPONSIBILITIES
Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal).
807.7 TRAINING
All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination.
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807.8 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not release personal information from any agency database for the purpose of investigation or enforcement of any program compiling data on individuals based on religious belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3).
Policy
808
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Computers and Digital Evidence
808.1 PURPOSE AND SCOPE
This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCDs) digital cameras, digital recorders and other electronic devices that are capable of storing digital information; and for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 808.2 SEIZING COMPUTERS AND RELATED EVIDENCE
Computer equipment requires specialized training and handling to preserve its value as evidence.
Officers should be aware of the potential to destroy information through careless or improper handling, and utilize the most knowledgeable available resources. When seizing a computer and accessories the following steps should be taken:
(a) Photograph each item, front and back, specifically including cable connections to other items. Look for a phone line or cable to a modem for Internet access. (b) Do not overlook the possibility of the presence of physical evidence on and around the hardware relevant to the particular investigation such as fingerprints, biological or trace evidence, and/or documents.
(c) If the computer is off, do not turn it on.
(d) If the computer is on, do not shut it down normally and do not click on anything or examine any files.
1. Photograph the screen, if possible, and note any programs or windows that appear to be open and running.
2. Disconnect the power cable from the back of the computer box or if a portable notebook style, disconnect any power cable from the case and remove the battery.
(e) Label each item with case number, evidence sheet number, and item number. (f) Handle and transport the computer and storage media (e.g., tape, discs, memory cards, flash memory, external drives) with care so that potential evidence is not lost. (g) Lodge all computer items in the Property Room. Do not store computers where normal room temperature and humidity is not maintained.
(h) At minimum, officers should document the following in related reports:
1. Where the computer was located and whether or not it was in operation.
2. Who was using it at the time.
3. Who claimed ownership.
4. If it can be determined, how it was being used.
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(i) In most cases when a computer is involved in criminal acts and is in the possession of the suspect, the computer itself and all storage devices (hard drives, tape drives, and disk drives) should be seized along with all media. Accessories (printers, monitors, mouse, scanner, keyboard, cables, software and manuals) should not be seized unless as a precursor to forfeiture.
808.2.1 BUSINESS OR NETWORKED COMPUTERS
If the computer belongs to a business or is part of a network, it may not be feasible to seize the entire computer. Cases involving networks require specialized handling. Officers should contact a certified forensic computer examiner for instructions or a response to the scene. It may be possible to perform an on-site inspection, or to image the hard drive only of the involved computer. This should only be done by someone specifically trained in processing computers for evidence. 808.2.2 FORENSIC EXAMINATION OF COMPUTERS
If an examination of the contents of the computer's hard drive, or floppy disks, compact discs, or any other storage media is required, forward the following items to a computer forensic examiner:
(a) Copy of report(s) involving the computer, including the Evidence/Property sheet. (b) Copy of a consent to search form signed by the computer owner or the person in possession of the computer, or a copy of a search warrant authorizing the search of the computer hard drive for evidence relating to investigation. (c) A listing of the items to search for (e.g., photographs, financial records, e-mail, documents).
(d) An exact duplicate of the hard drive or disk will be made using a forensic computer and a forensic software program by someone trained in the examination of computer storage devices for evidence.
808.3 SEIZING DIGITAL STORAGE MEDIA
Digital storage media including hard drives, floppy discs, CD's, DVD's, tapes, memory cards, or flash memory devices should be seized and stored in a manner that will protect them from damage. (a) If the media has a write-protection tab or switch, it should be activated. (b) Do not review, access or open digital files prior to submission. If the information is needed for immediate investigation request the Property and Evidence Bureau to copy the contents to an appropriate form of storage media.
(c) Many kinds of storage media can be erased or damaged by magnetic fields. Keep all media away from magnetic devices, electric motors, radio transmitters or other sources of magnetic fields.
(d) Do not leave storage media where they would be subject to excessive heat such as in a parked vehicle on a hot day.
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(e) Use plastic cases designed to protect the media, or other protective packaging, to prevent damage.
808.4 SEIZING PCDS
Personal communication devices such as cell phones, PDAs or other hand-held devices connected to any communication network must be handled with care to preserve evidence that may be on the device including messages, stored data and/or images. (a) Officers should not attempt to access, review or search the contents of such devices prior to examination by a forensic expert. Unsent messages can be lost, data can be inadvertently deleted and incoming messages can override stored messages. (b) Do not turn the device on or off. The device should be placed in a solid metal container such as a paint can or in a faraday bag, to prevent the device from sending or receiving information from its host network.
(c) When seizing the devices, also seize the charging units and keep them plugged in to the chargers until they can be examined. If the batteries go dead all the data may be lost.
808.5 DIGITAL EVIDENCE RECORDED BY OFFICERS
Officers handling and submitting recorded and digitally stored evidence from digital cameras and audio or video recorders will comply with these procedures to ensure the integrity and admissibility of such evidence.
808.5.1 COLLECTION OF DIGITAL EVIDENCE
Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission.
All photographs taken will be preserved regardless of quality, composition or relevance. Video and audio files will not be altered in any way.
808.5.2 SUBMISSION OF DIGITAL MEDIA
The following are required procedures for the submission of digital media used by cameras or other recorders:
(a) The recording media (smart card, compact flash card or any other media) shall be brought to the Property and Evidence Bureau as soon as possible for submission into evidence.
(b) Officers are not authorized to review or copy memory cards. The evidence technicians are the only employees authorized to copy and/or distribute digital media made from the memory cards.
(c) As soon as possible following the collection of evidence, the camera operator is to remove the memory card from their digital camera and place the card into a plastic carrier. The card and carrier are then to be placed into a zip-lock type baggie. The Emeryville Police Department
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camera operator shall write their name and the related case number on the outside of the baggie before placing in the film drop box along with the evidence form. (d) Evidence technicians will make a copy of the memory card using appropriate storage media. Once they have verified that the images properly transferred to the storage media, the technicians will erase the memory card for re-use. The storage media will be marked as the original.
(e) Officers requiring a copy of the digital files must request a copy on the evidence form when submitted to evidence.
808.5.3 DOWNLOADING OF DIGITAL FILES
Digital information such as video or audio files recorded on devices using internal memory must be downloaded to storage media. The following procedures are to be followed:
(a) Files should not be opened or reviewed prior to downloading and storage. (b) Where possible, the device should be connected to a computer and the files accessed directly from the computer directory or downloaded to a folder on the host computer for copying to the storage media.
808.5.4 PRESERVATION OF DIGITAL EVIDENCE
(a) Only evidence technicians are authorized to copy original digital media that is held as evidence. The original digital media shall remain in evidence and shall remain unaltered.
(b) Digital images that are enhanced to provide a better quality photograph for identification and investigative purposes must only be made from a copy of the original media.
(c) If any enhancement is done to the copy of the original, it shall be noted in the corresponding incident report.
Policy
809
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Animal Control
809.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals.
809.2 POLICY
It is the policy of the Emeryville Police Department to be responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal-related problems, as outlined in this policy. 809.3 ANIMAL CONTROL RESPONSIBILITIES
Animal control services are generally the primary responsibility of Animal Control and include:
(a) Animal-related matters during periods when Animal Control is available. (b) Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that Animal Control is available for investigation and resolution.
(c) Follow-up on animal-related calls, such as locating owners of injured animals. 809.4 MEMBER RESPONSIBILITIES
Members who respond to or assist with animal-related calls for service should evaluate the situation to determine the appropriate actions to control the situation.
Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture or pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance.
Members may consider acting before the arrival of such assistance when:
(a) There is a threat to public safety.
(b) An animal has bitten someone. Members should take measures to confine the animal and prevent further injury.
(c) An animal is creating a traffic hazard.
(d) An animal is seriously injured.
(e) The owner/handler of an animal has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal.
1. This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal.
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2. With the owner’s consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal.
3. If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility. 809.5 DECEASED ANIMALS
When a member becomes aware of a deceased animal, all reasonable attempts should be made to preliminarily determine if the death of the animal is related to criminal activity.
Deceased animals on public property should be removed, sealed in a plastic bag, and properly disposed of by the responding member.
Members should not climb onto or under any privately owned structure for the purpose of removing a deceased animal.
When handling deceased animals, members should attempt to identify and notify the owner of the final disposition of the animal.
809.6 INJURED ANIMALS
When a member becomes aware of an injured domesticated animal, all reasonable attempts should be made to contact an owner or responsible handler. If an owner or responsible handler cannot be located, the animal should be taken to a veterinarian and notice shall be given to the owner pursuant to the requirements of Penal Code § 597.1. 809.6.1 VETERINARY CARE
The injured animal should be taken to a veterinarian as follows:
(a) During normal business hours, the animal should be taken to an authorized veterinary care clinic.
(b) If after normal business hours, the animal should be taken to the authorized Veterinary Emergency and Critical Care Services Clinic.
(c) An exception to the above exists when the animal is an immediate danger to the community or the owner of the animal is identified and takes responsibility for the injured animal.
Each incident shall be documented and, at minimum, include the name of the reporting party and veterinary hospital and/or person to whom the animal is released.
If Animal Control is not available, the information will be forwarded for follow-up. 809.6.2 INJURED WILDLIFE
Injured wildlife should be referred to the Department of Fish and Wildlife or the Marine Mammal Center as applicable.
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809.6.3 RESCUE OF ANIMALS IN VEHICLES
If an animal left unattended in a vehicle appears to be in distress, members may enter the vehicle for the purpose of rescuing the animal. Members should (Penal Code § 597.7(d)):
(a) Make a reasonable effort to locate the owner before entering the vehicle. (b) Take steps to minimize damage to the vehicle.
(c) Refrain from searching the vehicle or seizing items except as otherwise permitted by law.
(d) Leave notice on or in the vehicle identifying the location where the animal has been taken and the name and Department of the member involved in the rescue. (e) Make reasonable efforts to contact the owner or secure the vehicle before leaving the scene.
(f) Take the animal to an animal care facility, a place of safekeeping or, if necessary, a veterinary hospital for treatment.
809.7 ANIMAL CRUELTY COMPLAINTS
Laws relating to the cruelty to animals should be enforced, including but not limited to Penal Code § 597 et seq. (cruelty to animals, failure to care for animals). (a) An investigation should be conducted on all reports of animal cruelty. (b) Legal steps should be taken to protect an animal that is in need of immediate care or protection from acts of cruelty.
809.8 ANIMAL BITE REPORTS
Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal.
809.9 STRAY DOGS
If a stray dog has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the dog should be released to the owner and a citation may be issued, if appropriate. If a dog is taken into custody, it shall be transported to the appropriate animal care facility.
Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter). 809.10 DANGEROUS ANIMALS
In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Watch Commander will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency.
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809.11 PUBLIC NUISANCE CALLS RELATING TO ANIMALS
Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality-of-life issues.
809.12 DESTRUCTION OF ANIMALS
When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor.
Policy
810
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Jeanne Clery Campus Security Act
810.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines to ensure this department fulfills its obligation in complying with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) as well as applicable California Education Code requirements. 810.2 POLICY
The Emeryville Police Department encourages accurate and prompt reporting of all crimes and takes all such reports seriously (20 USC § 1092(f)(1)(C)(iii)). Reports will be accepted in any manner, including in person or in writing, at any Emeryville Police Department facility. Reports will be accepted anonymously, by phone or via email or on the institution’s website.
It is the policy of the Emeryville Police Department to comply with the Clery Act. Compliance with the Clery Act requires a joint effort between the Emeryville Police Department and the administration of the institution.
Supervisors assigned areas of responsibility in the following policy sections are expected to be familiar with the subsections of 20 USC § 1092(f) and 34 CFR 668.46 that are relevant to their responsibilities.
810.3 POLICY, PROCEDURE AND PROGRAM DEVELOPMENT
The Chief of Police will:
(a) Ensure that the Emeryville Police Department establishes procedures for immediate emergency response and evacuation, including the use of electronic and cellular communication and testing of these procedures (20 USC § 1092(f)(1)(J)(i); 20 USC § 1092(f)(1)(J)(iii)).
(b) Enter into written agreements as appropriate with local law enforcement agencies to (Education Code § 67381.1):
1. Identify roles in the investigation of alleged criminal offenses on campus (20 USC § 1092(f)(1)(C)(ii)).
(a) This includes identification of the responsibilities for sexual assault, hate crimes and Part 1 violent crime investigations (e.g., willful homicide, forcible rape, robbery or aggravated assault as defined in the FBI’s Uniform Crime Reporting (UCR) Handbook), and establishing the specific geographical boundaries of each agency’s responsibility, including maps as necessary (Education Code § 67381).
2. Assist in the monitoring and reporting of criminal activity at off-campus student organizations that are recognized by the institution and engaged in by students attending the institution, including student organizations with offcampus housing facilities (20 USC § 1092(f)(1)(G)).
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3. Ensure coordination of emergency response and evacuation procedures, including procedures to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation (20 USC § 1092(f)(1)(J)).
4. Notify the Emeryville Police Department of criminal offenses reported to local law enforcement agencies to assist the institution in meeting its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)).
5. Notify the Emeryville Police Department of criminal offenses reported to local law enforcement agencies to assist in making information available to the campus community in a timely manner and to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)).
(c) Appoint a designee to develop programs that are designed to inform students and employees about campus security procedures and practices, and to encourage students and employees to be responsible for their own security and the security of others (20 USC § 1092(f)(1)(D)).
(d) Appoint a designee to develop programs to inform students and employees about the prevention of crime (20 USC § 1092(f)(1)(E)).
(e) Appoint a designee to develop educational programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking, and what to do if an offense occurs, including but not limited to, who should be contacted, the importance of preserving evidence and to whom the alleged offense should be reported (20 USC § 1092(f)(8)(B)). The designee shall also develop written materials to be distributed to reporting persons that explains the rights and options provided for under 20 USC § 1092 (20 USC § 1092(f)(8)(C)). (f) Appoint a designee to make the appropriate notifications to institution staff regarding missing person investigations in order to ensure that the institution complies with the requirements of 34 CFR 668.46(h).
810.3.1 ADDITIONAL REQUIREMENTS
The Chief of Police or the authorized designee will also (Education Code § 67386):
(a) Assist the institution with the development of policies and procedures relating to sexual assault, domestic violence, dating violence and stalking involving a student whether it occurred on- or off-campus including:
1. The differences between standards of proof and defenses in criminal investigations and administrative or disciplinary matters.
2. Victim-centered protocols including privacy protection, responses to reports, interviews, investigations, required notifications and participation by victim advocates and other supporting individuals.
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(b) Assist, as appropriate, with trauma-informed training for campus personnel involved in investigating and adjudicating sexual assault, domestic violence, dating violence and stalking cases.
(c) Assist, as appropriate, in the development of the institution’s comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking.
(d) Ensure that any reported Part 1 violent crime, sexual assault or hate crime described in Penal Code § 422.55 (whether it occurred on- or off-campus), is reported as soon as practicable to any local law enforcement agency with investigation responsibilities pursuant to a written agreement with the Emeryville Police Department or the institution (Education Code § 67380).
1. The identification of the victim shall be withheld, unless the victim consents to being identified after being informed of the right to have his/her personally identifying information withheld. If the victim does not consent to being identified, then the alleged assailant shall not be identified unless the institution determines that the alleged assailant represents a serious or ongoing threat to the safety of the students, employees or the institution, and the immediate assistance of the Emeryville Police Department is necessary to contact or detain the assailant (Education Code § 67380).
2. If the institution discloses the identity of the alleged assailant to the Emeryville Police Department, the institution must immediately inform the victim of that disclosure (Education Code § 67380).
810.4 RECORDS COLLECTION AND RETENTION
The Police Services Manager is responsible for maintaining Emeryville Police Department statistics and making reasonable good-faith efforts to obtain statistics from other law enforcement agencies as necessary to allow the institution to comply with its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)). The statistics shall be compiled as follows:
(a) Statistics concerning the occurrence of the following criminal offenses reported to this department or to local police agencies that occurred on campus, in or on non-campus buildings or property, and on public property including streets, sidewalks and parking facilities within the campus or immediately adjacent to and accessible from the campus (20 USC § 1092(f)(1)(F)(i); 34 CFR 668.46(c)):
1. Murder
2. Sex offenses, forcible or non-forcible
3. Robbery
4. Aggravated assault
5. Burglary
6. Motor vehicle theft
7. Manslaughter
8. Arson
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9. Arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations and weapons possession
10. Dating violence, domestic violence and stalking
(b) Statistics concerning the crimes described in the section above, theft, simple assault, intimidation, destruction, damage or vandalism of property, and other crimes involving bodily injury to any person where the victim was intentionally selected because of his/ her actual or perceived race, sex, religion, gender, gender identity, sexual orientation, ethnicity or disability. These statistics should be collected and reported according to the category of prejudice (20 USC § 1092(f)(1)(F)(ii); 34 CFR 668.46(c)).
1. The statistics shall be compiled using the definitions in the FBI’s UCR system and modifications made pursuant to the Hate Crime Statistics Act (20 USC § 1092(f)(7); 34 CFR 668.46(c)(9)). For the offenses of domestic violence, dating violence and stalking, such statistics shall be compiled in accordance with the definitions used in the Violence Against Women Act (20 USC § 1092(f)(7); 34 USC § 12291; 34 CFR 668.46(a)). The statistics will be categorized separately as offenses that occur in the following places (20 USC § 1092(f)(12); 34 CFR 668.46(c)(5)):
(a) On campus.
(b) In or on a non-campus building or property.
(c) On public property.
(d) In dormitories or other on-campus, residential or student facilities. (c) Statistics will be included by the calendar year in which the crime was reported to the Emeryville Police Department (34 CFR 668.46(c)(3)).
(d) Stalking offenses will include a statistic for each year in which the stalking conduct is reported and will be recorded as occurring either at the first location where the stalking occurred or the location where the victim became aware of the conduct (34 CFR 668.46(c)(6)).
(e) Statistics will include the three most recent calendar years (20 USC § 1092(f)(1)(F); 34 CFR 668.46(c)).
(f) The statistics shall not identify victims of crimes or persons accused of crimes (20 USC § 1092(f)(7)).
810.4.1 CRIME LOG
The Police Services Manager is responsible for ensuring a daily crime log is created and maintained as follows (20 USC § 1092(f)(4); 34 CFR 668.46(f)):
(a) The daily crime log will record all crimes reported to the Emeryville Police Department, including the nature, date, time and general location of each crime, and the disposition, if known.
(b) All log entries shall be made within two business days of the initial report being made to the Department.
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(c) If new information about an entry becomes available, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police department or security department. (d) The daily crime log for the most recent 60-day period shall be open to the public for inspection at all times during normal business hours. Any portion of the log that is older than 60 days must be made available within two business days of a request for public inspection. Information in the log is not required to be disclosed when:
1. Disclosure of the information is prohibited by law.
2. Disclosure would jeopardize the confidentiality of the victim.
3. There is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, may cause a suspect to flee or evade detection, or could result in the destruction of evidence. In any of these cases, the information may be withheld until that damage is no longer likely to occur from the release of such information. 810.4.2 COMPILING RECORDS FOR DISCLOSURE REQUIREMENTS
The Police Service Manager is also responsible for compiling the following to allow the institution to comply with its disclosure requirements under Education Code § 67380:
(a) All occurrences reported to the Emeryville Police Department and all arrests for crimes that are committed on campus that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
(b) All occurrences of noncriminal acts of hate violence reported to the Emeryville Police Department for which a written report is prepared.
810.5 INFORMATION DISSEMINATION
It is the responsibility of the Professional Services Division Captain to ensure that the required Clery Act disclosures are properly forwarded to campus administration and community members in accordance with institution procedures. This includes:
(a) Procedures for providing emergency notification of crimes or other incidents and evacuations that might represent an imminent threat to the safety of students or employees (20 USC § 1092(f)(3); 34 CFR 668.46(e); 34 CFR 668.46 (g)). (b) Procedures for notifying the campus community about crimes considered to be a threat to other students and employees in order to aid in the prevention of similar crimes.
Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)).
(c) Information necessary for the institution to prepare its annual security report (20 USC § 1092(f)(1); 34 CFR 668.46(b)). This report will include, but is not limited to:
1. Crime statistics and the policies for preparing the crime statistics.
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2. Crime and emergency reporting procedures, including the responses to such reports.
3. Policies concerning security of and access to campus facilities.
4. Crime, dating violence, domestic violence, sexual assault and stalking awareness and prevention programs, including
(a) Procedures victims should follow.
(b) Procedures for protecting the confidentiality of victims and other necessary parties.
5. Enforcement policies related to alcohol and illegal drugs.
6. Locations where the campus community can obtain information about registered sex offenders.
7. Emergency response and evacuation procedures.
8. Missing student notification procedures.
9. Information addressing the jurisdiction and authority of campus security including any working relationships and agreements between campus security personnel and both state and local law enforcement agencies.
Policy
811
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Online Crime Reporting
811.1 PURPOSE AND SCOPE
The purpose of this order is to establish guidelines for the use of the Online Crime Report system. 811.2 POLICY
The Emeryville Police Department will allow community members to utilize an on-line selfreporting system to file crime reports when solvability factors are minimal and the listed criteria are met. Online Crime Reports will be allowed when there is no suspect information for the following types of cases:
(a) Lost Property
(b) Petty Theft - Value less than $950
(c) Bicycle Theft
(d) Vandalism
(e) Hit and Run Vehicle Collision
(f) Annoying/Harassing telephone calls
(g) Theft from A Vehicle
(h) Abandoned Vehicle
(i) Traffic Complaint
(j) Identity Theft
The patrol supervisor may authorize the use of an Online Crime Report for other types of incidents when they feel it is appropriate.
811.3 PROCEDURE
When the Emeryville Police Department receives a call for service involving a call that may meet the above-described criteria, the call-taker shall:
(a) Confirm that there are not any known suspects or witnesses. (b) Determine if the reporting party believes there is anything of evidentiary value available for gathering or processing.
(c) Confirm the incident occurred in the City of Emeryville. (d) Confirm the crime is not in progress.
(e) Confirm the reporting party is eighteen (18) years old or older.
If it is determined that the above criteria is met the call-taker shall explain the Online Reporting procedure and direct the individual to the Emeryville Police Department website to Emeryville Police Department
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complete their report. Should one of the criteria not be met, an officer will be dispatched to the scene.
Officers should not offer the online reporting service to a crime victim for a call in which they have been dispatched to without supervisor approval.
811.3.1 REPORT APPROVAL PROCESS
All supervisors assigned to the patrol shifts will be responsible for the approval and the transfer of the Online Reports.
Personnel assigned to the Records Section will be responsible for the final approval and PDF process in RMS.
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Chapter 9 - Custody
Policy
900
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Custodial Searches
900.1 PURPOSE AND SCOPE
This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Emeryville Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public.
Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody.
900.1.1 DEFINITIONS
Definitions related to this policy include:
Custody search - An in-custody search of an individual and of his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband.
Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an individual, and the vagina of a female person.
Strip search - A search that requires an individual to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or outer genitalia. This includes monitoring an individual who is changing clothes, where his/her underclothing, buttocks, genitalia or female breasts are visible. 900.2 POLICY
All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search.
Searches shall not be used for intimidation, harassment, punishment or retaliation. 900.3 FIELD AND TRANSPORTATION SEARCHES
An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle.
Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search.
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900.4 SEARCHES AT POLICE FACILITIES
Custody searches shall be conducted on all individuals in custody, upon entry to the Emeryville Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search.
Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility.
900.4.1 PROPERTY
Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred.
Some property may not be accepted by a facility or agency that is taking custody of an individual from this department, such as weapons or large items. These items should be retained for safekeeping in accordance with the Property and Evidence Policy.
All property shall be inventoried by objective description (this does not include an estimated value).
The individual from whom it was taken shall be required to sign the completed inventory. If the individual's signature cannot be obtained, the inventory shall be witnessed by another department member. The inventory should include the case number, date, time, member's Emeryville Police Department identification number and information regarding how and when the property may be released.
900.4.2 VERIFICATION OF MONEY
All money shall be counted in front of the individual from whom it was received. When possible, the individual shall initial the dollar amount on the inventory. Additionally, all money should be placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign currency should also be sealed in an envelope with the amount indicated but not added to the cash total. All envelopes should clearly indicate the contents on the front. The department member sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or added, the member making such change shall enter the amount below the original entry and initial it. The amount of money in the envelope should always be totaled and written on the outside of the envelope.
900.5 BODY SCANNER SEARCH
If a body scanner is available, a body scan search should be performed on all inmates/arrestees upon entering the secure booking area of the facility. Members (Penal Code § 4030):
(a) Within sight of the visual display of a body scanner that is depicting the body during a scan shall be of the same sex as the person being scanned, except for physicians or licensed medical personnel.
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(b) Should ask female inmates if they are pregnant prior to a body scan and should not knowingly use a body scanner on a woman who is pregnant. 900.6 STRIP SEARCHES
No individual in temporary custody at any Emeryville Police Department facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing a weapon or contraband. Factors to be considered in determining reasonable suspicion include, but are not limited to:
(a) The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. (b) Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband.
1. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c) Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts).
(d) The individual’s actions or demeanor.
(e) Criminal history (i.e., level of experience in a custody setting).
No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual’s genital status. If the individual’s genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115). 900.6.1 STRIP SEARCH PROCEDURES
Strip searches at Emeryville Police Department facilities shall be conducted as follows (28 CFR 115.115):
(a) Written authorization from the Watch Commander shall be obtained prior to the strip search.
(b) All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner. (c) All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording.
(d) Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence.
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(e) Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched.
(f) The primary member conducting the search shall prepare a written report to include:
1. The facts that led to the decision to perform a strip search.
2. The reasons less intrusive methods of searching were not used or were insufficient.
3. The written authorization for the search, obtained from the Watch Commander.
4. The name of the individual who was searched.
5. The name and sex of the members who conducted the search.
6. The name, sex and role of any person present during the search.
7. The time and date of the search.
8. The place at which the search was conducted.
9. A list of the items, if any, that were recovered.
10. The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband.
(g) No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is showering, performing bodily functions or changing clothes, unless he/she otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity.
(h) If the individual has been arrested for a misdemeanor or infraction offense, the written authorization from the Watch Commander shall include specific and articulable facts and circumstances upon which the reasonable suspicion determination for the search was made (Penal Code § 4030(f)).
(i) A copy of the written authorization shall be retained and made available upon request to the individual or the individual's authorized representative. A record of the time, date, place of the search, the name and sex of the person conducting the search, and a statement of the results of the search shall also be retained and made available upon request to the individual or the individual's authorized representative (Penal Code § 4030(i)).
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900.6.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES
A strip search may be conducted in the field only with Watch Commander authorization and only in exceptional circumstances, such as when:
(a) There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. (b) There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation.
These special-circumstance field strip searches shall only be authorized and conducted under the same restrictions as the strip search procedures in this policy, except that the Watch Commander authorization does not need to be in writing.
900.7 PHYSICAL BODY CAVITY SEARCH
Physical body cavity searches shall be subject to the following (Penal Code § 4030):
(a) No individual shall be subjected to a physical body cavity search without written approval of the Watch Commander and only upon a search warrant. A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). (b) Only a physician, nurse practitioner, registered nurse, licensed vocational nurse or Emergency Medical Technician Level II licensed to practice in California may conduct a physical body cavity search.
(c) Except for the physician or licensed medical personnel conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department members needed to maintain the safety and security of the medical personnel shall be present.
(d) Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. (e) All such searches shall be documented, including:
1. The facts that led to the decision to perform a physical body cavity search of the individual.
2. The reasons less intrusive methods of searching were not used or were insufficient.
3. The Watch Commander’s approval.
4. A copy of the search warrant.
5. The time, date and location of the search.
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6. The medical personnel present.
7. The names, sex and roles of any department members present.
8. Any contraband or weapons discovered by the search.
(f) Copies of the written authorization and search warrant shall be retained and shall be provided to the individual who was searched or other authorized representative upon request. A record of the time, date, place of the search, the name and sex of the person conducting the search and a statement of the results of the search shall also be retained and made available upon request to the individual or the individual’s authorized representative.
900.8 TRAINING
The Professional Services Officer shall ensure members have training that includes (28 CFR 115.115):
(a) Conducting searches of cross-gender individuals.
(b) Conducting searches of transgender and intersex individuals. (c) Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
Policy
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Temporary Custody of Adults
901.1 PURPOSE AND SCOPE
This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Emeryville Police Department for processing prior to being released or transferred to a housing or other type of facility.
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.
The Emeryville Police Department is not designated as a secure custodial facility. Temporary custody of arrestees is permitted.
901.1.1 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 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.
Temporary custody - The time period an adult is in custody at the Emeryville Police Department prior to being released or transported to a housing or other type of facility. 901.2 POLICY
The Emeryville 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 Department. Adults should be in temporary custody only for as long as reasonably necessary for investigation, processing, transfer or release.
901.3 GENERAL CRITERIA AND SUPERVISION
No adult should be in temporary custody for longer than six hours. 901.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Emeryville Police Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate. These include:
(a) Any individual who is unconscious or has been unconscious while being taken into custody or while being transported.
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(b) Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision, or medication while he/she is in temporary custody. (c) Any individual who is seriously injured.
(d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy).
1. If the officer taking custody of an individual believes that he/she 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). (e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy.
(f) 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.
(g) 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 him/herself or others (15 CCR 1053; 15 CCR 1055). (h) 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).
(i) Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to his/her health or safety.
(j) Any individual who is obviously developmentally disabled (15 CCR 1057). (k) Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052). (l) Any individual who needs restraint beyond the use of handcuffs or shackles for security reasons (15 CCR 1058).
(m) 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 Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances.
901.3.2 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 his/her supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody is deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability (15 CCR 1027).
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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.
901.4 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 him/her for obvious signs or indications of suicidal intent.
901.5 USE OF RESTRAINT DEVICES
Individuals in temporary custody may be handcuffed in accordance with the Handcuffing and Restraints Policy.
The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals in temporary custody at the Emeryville Police Department unless the person presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy. 901.5.1 PREGNANT ADULTS
Women who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy.
901.6 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY
The Field Services Division Captain will ensure procedures are in place to address any suicide attempt, death or serious injury of any individual in temporary custody at the Emeryville 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 Professional Services and Standards Division Captain
(c) Notification of the spouse, next of kin or other appropriate person (d) Notification of the appropriate prosecutor
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(e) Notification of the City Attorney
(f) Notification of the Coroner
(g) Evidence preservation
(h) In-custody death reviews (15 CCR 1046)
(i) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525) 901.7 RELEASE AND/OR TRANSFER
When an individual is released or transferred from custody, the member releasing the individual should ensure the following:
(a) All proper reports and forms have been completed prior to release. (b) All property, except evidence, contraband or dangerous weapons, has been returned to, or sent with, the individual.
(c) All pertinent documentation accompanies the individual being transported to another facility (e.g., copies of booking forms, medical records, an itemized list of his/her property, warrant copies).
(d) The individual is not permitted in any nonpublic areas of the Emeryville Police Department unless escorted by a member of the Department. (e) 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 he/she is being sent to another facility.
1. The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (f) Generally, persons of the opposite sex, or adults and juveniles, should not be transported in the same vehicle unless they are physically separated by a solid barrier.
If segregating individuals is not practicable, officers should be alert to inappropriate physical or verbal contact and take appropriate action as necessary.
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Chapter 10 - Personnel
Policy
1000
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Recruitment and Selection
1000.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements the rules that govern employment practices for the Emeryville Police Department and that are promulgated and maintained by the Human Resources Department.
1000.2 POLICY
In accordance with applicable federal, state, and local law, the Emeryville 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 Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.
The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards.
1000.3 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. 1000.3.1 VETERAN'S PREFERENCE
Qualifying veterans of the armed forces of the United States shall receive a veteran's preference as applicable. Preference points shall be added after the applicant has received a passing score on an entrance exam and is qualified for placement on the employment list (Government Code § 18978).
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 City of Emeryville Human Resources DepartmentEmeryville Human Resources Department maintains the written standards for all positions.
The Department must develop a job-valid and non-discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the City's or State's hiring standards. The California Commission on Peace Officer Standards and Training (POST) developed the Fifteen Job Dimensions list, which are used as a professional standard in background investigations.
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The following standards have been adopted for public safety applicants:
1000.4.1 OPERATION OF A MOTOR VEHICLE
(a) The ability to possess a valid California driver's license (b) The ability to drive safely
(c) The ability to control a motor vehicle at high speeds (d) The ability to operate a motor vehicle in all types of weather conditions (e) The following may be disqualifying:
1. Receipt of three or more moving violations (or any single violation of a potential life threatening violation, such as reckless driving, speed contest, suspect of a pursuit, etc.) within three years prior to application. Moving violations for which there is a factual finding of innocence shall not be included.
2. Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to date of application.
3. A conviction for driving under the influence of alcohol and/or drugs within three years prior to application or any two convictions for driving under the influence of alcohol and/or drugs.
1000.4.2 INTEGRITY
(a) Refusing to yield to the temptation of bribes, gratuities, payoffs, etc. (b) Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel
(c) Showing strong moral character and integrity in dealing with the public (d) Being honest in dealing with the public
(e) The following shall be disqualifying:
1. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies.
2. Any Forgery, alteration, or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating.
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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 may be disqualifying:
1. Conviction of any criminal offense classified as a misdemeanor under California law within three years prior to application
2. Conviction for two or more misdemeanor offenses under California law as an adult
3. Conviction of any offense classified as a misdemeanor under California law while employed as a peace officer (including military police officers)
4. Admission(s) of having committed any act amounting to a felony (including felony-misdemeanor offenses) under California law, as an adult, within five years prior to application or while employed as a peace officer (including military police officers)
5. Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft
6. Admission(s) of any act of domestic violence as defined by law, committed as an adult
7. Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting or annoying children, child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure: Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts
8. Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying
1000.4.4 DEPENDABILITY
(a) Having a record of submitting reports on time and not malingering on calls, etc. (b) A record of being motivated to perform well in a respectful and professional manner. (c) A record of dependability and follow through on assignments (d) A history of taking the extra effort required for complete accuracy in all details of work (e) A willingness to work the hours needed to complete a job (f) The competency to perform the job in a fair and impartial manner.
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(g) The following may be disqualifying:
1. Missing any scheduled appointment during the process without prior permission
2. Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations
3. Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult
4. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement
5. Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability
6. Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged.
7. Having any outstanding warrant of arrest at time of application. 1000.4.5 LEARNING ABILITY
(a) The ability to comprehend and retain information
(b) The ability to recall information pertaining to laws, statutes, codes, etc. (c) The ability to learn and to apply what is learned
(d) The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer
(e) The following may be disqualifying:
1. Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application
2. Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement 1000.4.6 PERSONAL SENSITIVITY
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(c) Empathy
(d) Discretion, not enforcing the law blindly
(e) Effectiveness in dealing with people without arousing antagonism (f) The ability to understand the motives of people and how they will react and interact (g) The following may be disqualifying:
1. Having been disciplined by any employer (including the military and/or any law enforcement training facility) for acts constituting racial, ethnic or sexual harassment or discrimination
2. Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation
3. Having been disciplined by any employer as an adult for fighting in the workplace 1000.4.7 JUDGMENT UNDER PRESSURE
(a) The ability to apply common sense during pressure situations (b) The ability to make sound decisions on the spot
(c) The ability to use good judgment in dealing with potentially explosive situations (d) The ability to make effective, logical decisions under pressure (e) The following may be disqualifying:
1. Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws
2. Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer
1000.4.8 ILLEGAL USE OR POSSESSION OF DRUGS
(a) The following examples of illegal drug use or possession may be considered automatic disqualifiers for public safety applicants:
1. Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment
2. Any adult use or possession of marijuana within one year prior to application for employment
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4. Any illegal adult use or possession of a drug while employed in any law enforcement capacity, military police, or as a student enrolled in collegeaccredited courses related to the criminal justice field
5. Any adult manufacture or cultivation of a drug or illegal substance
6. Failure to divulge to the Department any information about personal illegal use or possession of drugs
7. Any drug test of the applicant, during the course of the hiring process, where illegal drugs are detected
(b) The following examples of illegal drug use or possession will be considered in relationship to the overall background of that individual and may result in disqualification:
1. Any illegal use or possession of a drug as a juvenile
2. Any illegal adult use or possession of a drug that does not meet the criteria of the automatic disqualifiers specified above (e.g., marijuana use longer than one year ago or cocaine use longer than three years ago.)
3. Any illegal or unauthorized use of prescription medications 1000.5 RECRUITMENT
The Professional Services and Standards Division Captain should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy should include:
(a) Identification of racially and culturally diverse target markets. (b) Use of marketing strategies to target diverse applicant pools. (c) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military. (e) Employee referral and recruitment incentive programs. (f) Consideration of shared or collaborative regional testing processes.
The Professional Services and Standards Division Captain shall avoid advertising, recruiting and screening practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory manner.
The Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of his/her status in the recruiting process.
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1000.6 SELECTION PROCESS
The Department shall actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the Department should employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record)
1. The personnel records of any applicant with prior peace officer experience in this state shall be requested from the appropriate law enforcement agency and reviewed prior to extending an offer of employment (Penal Code § 832.12).
2. This includes review of prior law enforcement employment information maintained by POST (Penal Code § 13510.9).
(b) Driving record
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents consistent with Labor Code § 1019.1. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.)
(g) Local, state, and federal criminal history record checks (h) Lie detector test (when legally permissible) (Labor Code § 432.2) (i) Medical and psychological examination (may only be given after a conditional offer of employment)
(j) Review board or selection committee assessment
1000.6.1 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 Emeryville Police Department (11 CCR 1953).
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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 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).
1000.7.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the Professional Services and Standards Division Captain shall not require candidates to provide passwords, account information, or access to password-protected social media accounts (Labor Code § 980).
The Professional Services and Standards Division Captain should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches, and/or review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate, and validated. (c) The Department fully complies with applicable privacy protections and local, state, and federal law.
Regardless of whether a third party is used, the Professional Services and Standards Division Captain should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
1000.7.3 RECORDS RETENTION
The background report and all supporting documentation shall be maintained for a minimum of four years and in accordance with the established records retention schedule (Government Code § 12946; 11 CCR 1953).
1000.7.4 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 not include any information that is prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation shall be included in the candidate’s background investigation file (11 CCR 1953).
1000.7.5 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).
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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 Emeryville Police Department, or who is an interim police chief meeting the requirements contained in 11 CCR 1953(f). 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-thecircumstances 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 Department and the community. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which is used as a professional standard in background investigations.
Validated, job-related, and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Human Resources Department should maintain validated standards for all positions.
1000.9.1 STANDARDS FOR OFFICERS
Candidates shall meet the minimum standards established by POST or required by state law (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.):
(a) Free of any felony convictions
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(b) Citizen of the United States, or permanent resident eligible for and has applied for citizenship
(c) At least 21 years of age except as provided by Government Code § 1031.4 (d) Fingerprinted for local, state, and national fingerprint check (e) Good moral character as determined by a thorough background investigation (11 CCR 1953)
(f) High school graduate, passed the GED or other high school equivalency test, or obtained a two-year, four-year, or advanced degree from an accredited or approved institution
(g) Free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation which might adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955) (h) Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.):
1. Reading and writing ability assessment (11 CCR 1951)
2. Oral interview to determine suitability for law enforcement service (11 CCR 1952)
(i) POST certification that has not been revoked, denied, or voluntarily surrendered pursuant to Penal Code § 13510.8(f)
(j) Not identified in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or similar federal government 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 Department (Penal Code § 13510(d)). 1000.9.2 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)
Policy
1001
Emeryville Police Department
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Evaluation of Employees
1001.1 PURPOSE AND SCOPE
The Department’s employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement.
1001.2 POLICY
The Emeryville Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion, and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards.
The Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee’s position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
1001.3 EVALUATION PROCESS
Evaluation reports will cover a specific period of time and should be based on documented performance during that period. Evaluation reports will be completed by each employee’s immediate supervisor. Other supervisors directly familiar with the employee’s performance during the rating period should be consulted by the immediate supervisor for their input.
All sworn and civilian supervisory personnel shall attend an approved supervisory course that includes training on the completion of performance evaluations within one year of the supervisory appointment.
Each supervisor should discuss the tasks of the position, standards of performance expected and the evaluation criteria with each employee at the beginning of the rating period. Supervisors should document this discussion in the prescribed manner.
Assessment of an employee’s job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise.
Non-probationary employees demonstrating substandard performance shall be notified in writing of such performance as soon as possible in order to have an opportunity to remediate the issues.
Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days written notice prior to the end of the evaluation period.
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Employees who disagree with their evaluation and who desire to provide a formal response or a rebuttal may do so in writing in the prescribed format and time period. 1001.4 FULL TIME PROBATIONARY PERSONNEL
Civilian personnel are on probation for 12 months before being eligible for certification as permanent employees. An evaluation is completed every four monthsfor all full-time civilian personnel during the probationary period.
Sworn personnel are on probation for 18 months before being eligible for certification as permanent employees. Probationary officers are evaluated daily during the FTO program and every four months after completing the FTO program, during the probationary period. 1001.5 FULL-TIME PERMANENT STATUS PERSONNEL
Permanent employees are subject to three types of performance evaluations:
Regular - An Employee Performance Evaluation shall be completed once each year by the employee's immediate supervisor on the anniversary of the employee’s date of hire.
Transfer - If an employee is transferred from one assignment to another in the middle of an evaluation period and less than six months have transpired since the transfer, then an evaluation shall be completed by the current supervisor with input from the previous supervisor.
Special - A special evaluation may be completed any time the rater and the rater's supervisor feel one is necessary due to employee performance that is deemed less than standard. Generally, the special evaluation will be the tool used to demonstrate those areas of performance deemed less than standard when follow-up action is planned (action plan, remedial training, retraining, etc.).
The evaluation form and the attached documentation shall be submitted as one package. 1001.5.1 RATINGS
When completing the Employee Performance Evaluation, the rater will place a check mark in the column that best describes the employee's performance. The definition of each rating category is as follows:
Outstanding - Is actual performance well beyond that required for the position. It is exceptional performance, definitely superior or extraordinary.
Exceeds Standards - Represents performance that is better than expected of a fully competent employee. It is superior to what is expected, but is not of such rare nature to warrant outstanding.
Meets Standards - Is the performance of a fully competent employee. It means satisfactory performance that meets the standards required of the position.
Needs Improvement - Is a level of performance less than that expected of a fully competent employee and less than standards required of the position. A needs improvement rating must be thoroughly discussed with the employee.
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Unsatisfactory - Performance is inferior to the standards required of the position. It is very inadequate or undesirable performance that cannot be tolerated.
Space for written comments is provided at the end of the evaluation in the rater comments section.
This section allows the rater to document the employee's strengths, weaknesses, and suggestions for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall be substantiated in the rater comments section.
1001.6 EVALUATION INTERVIEW
When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation. Permanent employees may seek an interview with supervisors within their chain of command, up to and including the Chief of Police, to contest the performance evaluation. Permanent employees may also write comments in the Employee Comments section of the performance evaluation report. 1001.7 EVALUATION REVIEW
After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Division Captain). The Division Captain shall review the evaluation for fairness, impartiality, uniformity, and consistency. The Division Captain shall evaluate the supervisor on the quality of ratings given. 1001.8 EVALUATION DISTRIBUTION
The original performance evaluation shall be maintained in the employee's personnel file in the office of the Chief of Police for the tenure of the employee's employment. A copy will be given to the employee and a copy will be forwarded to City Human Resources Department.
Policy
1002
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Specialty and Collateral Duty Assignments
1002.1 PURPOSE AND SCOPE
The purpose of this policy is to establish desirable qualifications and procedures for selecting sworn personnel for specialty assignments or collateral duty assignments within the ranks of the Emeryville Police Department.
1002.2 POLICY
The Emeryville Police Department determines assignments and promotions in a nondiscriminatory manner based upon job-related factors and candidate skills and qualifications.
Assignments and promotions are made by the Chief of Police. 1002.3 LIST OF SWORN SPECIALTY AND COLLATERAL DUTY ASSIGNMENTS The following positions are considered specialty assignments and are not considered promotions:
(a) CIS Detective
(b) Traffic Officer
(c) Professional Services Officer
(d) Canine Officer
(e) Criminal Investigations Sergeant
(f) Administrative Sergeant
The following positions are considered collateral assignments and are not considered transfers or promotions:
(a) Field Training Officer
(b) Field Training Sergeant/Coordinator
(c) Bicycle Officer
(d) First-Aid Instructor
(e) Crisis Negotiations Team member
(f) Defensive Tactics Instructor
(g) Firearms Instructor/Rangemaster/Less Lethal
(h) CED (Taser) Instructor
(i) Community Programs/Outreach Coordinator
(j) Canine Sergeant/Coordinator
(k) Wellness Sergeant/Coordinator
(l) Canine helper
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(m) Any other collateral duty assignments and program coordinator assignments as approved by the Chief of Police.
1002.3.1 GENERAL REQUIREMENTS
The following criteria will be considered when evaluating specialty and collateral duty assignments used in the selection process:
(a) Preferred minimum of 24 months of law enforcement experience. (Field Training Officer position has additional time requirements-See Policy 419) (b) Not on probation or a Performance Improvement Plan. (c) Technical capability for position, as reflected by overall performance evaluations, training and interview results, with demonstrated excellence in personal and professional ethics and a commitment to goals and objectives of the organization. (d) Not had a sustained complaint in the last 18 months that would adversely affect the assignment.
1002.3.2 EVALUATION CRITERIA
The following criteria will be used in evaluating candidates for a special assignment:
(a) Presents a professional, neat appearance.
(b) Maintains a physical condition that aids in his/her performance. (c) Expressed interest in the assignment.
(d) Demonstrates the following traits:
1. Emotional stability and maturity
2. Stress tolerance
3. Sound judgment and decision-making
4. Personal integrity and ethical conduct
5. Leadership skills
6. Initiative
7. Fair and impartial work performance history
8. Adaptability and flexibility
9. Ability to conform to department goals and objectives in a positive manner
10. Community engagement
1002.3.3 SELECTION PROCESS
The selection process for special assignments will include an evaluation as determined by the Chief of Police to include:
(a) Supervisor recommendations - Each supervisor who has supervised or otherwise been involved with the candidate may submit a written recommendation.
1. The supervisor recommendations will be submitted to the Division Captain.
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(b) Division Captain
1. Any Division Captain recommendations will be submitted to the Chief of Police (c) Assignment by the Chief of Police.
The selection process for all specialty and collateral duty assignments may be waived for, emergency situations, training, and at the discretion of the Chief of Police. An emergency appointment to a specialty and/or collateral duty assignment shall not exceed 6 months without review and approval by the Chief of Police or his/her designee.
Upon the announcement of a specialty assignment or collateral duty vacancy, all interested and eligible employees shall submit a letter of interest and any other required documents to the Captain of the Professional Services
Division or his/her designee. The Division Captain and the Division Lieutenant will screen the applications, taking into account:
(a) Prior Conduct and qualifications
(b) The desire of the employee for the position
(c) Demonstration of initiative needed to function in the position (d) Education and training
(e) Disciplinary action and Citizen Complaints
(f) Any other pertinent data
At the conclusion of the screening process, each eligible candidate will be interviewed by a panel consisting of the Division Captain, or his/her designee, along with one or two other individuals approved by that Captain. When appropriate a separate interview panel will interview the candidates and this panel will consist of members of the community approved by the Chief of Police. When feasible, the Professional Standards Training Officer serve as the proctor of the interviews.
Part of the interview/selection process may include a review of the candidate's personnel file regarding their performance for the previous three years. The Chief or his/her designee may participate in the interview process and/or review of the personnel file. At the conclusion of the interviews and the personnel file review, the Division Captain will submit a written recommendation to the Chief of Police.
The Chief of Police is not required to select candidates based on their numerical standing on the certified final eligibility list. The Chief of Police will make the final selection and appointment.
Remaining candidates not appointed to a current specialty assignment or collateral duty assignment vacancy will remain on an eligibility list for a period of six (6) months.
The policy and procedures for all positions may be waived for temporary assignments, emergency situations, or for training.
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1002.4 DURATION OF SPECIALTY ASSIGNMENTS
Specialty assignments shall be rotated as established in this order with the approval of the Chief of Police and exceptions may be made for the needs of the Department. Yearly evaluations will take place to determine if an individual should continue in their specialty assignment. (a) CIS Detective, Traffic Officer, Training Manager - Assignments to these positions will be for a period of four (4) years.
(b) Criminal Investigations Sergeant and Administrative Sergeant- Assignments to this position will be for a period of four (4) years.
(c) Canine Officers - Assignments to this position is typically for the service length of the canine.
At the conclusion of the specialty assignment time period employees may submit a memorandum to the Chief of Police requesting an extension in the specialty assignment up to a maximum of one (1) year. Requests for extensions will be considered on a case-by-case basis with no guarantee of approval.
1002.4.1 REASSIGNMENT
Upon rotating from a specialty assignment, sergeants and/or officers will not be eligible to interview for the same specialty assignment for one year nor for another specialty assignment for a period of six months. With the approval of the Chief of Police, exceptions may be made for the needs of the Department.
1002.4.2 UNUSUAL CIRCUMSTANCES
In unusual circumstances, the Chief of Police may supersede the direction of this policy or any portion thereof.
1002.5 PROMOTIONAL REQUIREMENTS
Requirements and information regarding any promotional process are available at the Emeryville Human Resources Department.
Policy
1003
Emeryville Police Department
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Anti-Retaliation
1003.1 PURPOSE AND SCOPE
This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members.
This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause.
These guidelines are intended to supplement and not limit members’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of understanding.
1003.2 POLICY
The Emeryville Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1003.3 RETALIATION PROHIBITED
No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged wrongdoing.
• Shunning or unreasonably avoiding a person because he/she has engaged in protected activity.
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1003.3.1 RETALIATION PROHIBITED FOR REPORTING VIOLATIONS An officer shall not be retaliated against for reporting a suspected violation of a law or regulation of another officer to a supervisor or other person in the Department who has the authority to investigate the violation (Government Code § 7286(b)).
1003.4 COMPLAINTS OF RETALIATION
Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police or the City Human Resources Director.
Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process.
1003.5 SUPERVISOR RESPONSIBILITIES
Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions.
The responsibilities of supervisors include, but are not limited to:
(a) Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy.
(b) Receiving all complaints in a fair and impartial manner. (c) Documenting the complaint and any steps taken to resolve the problem. (d) Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e) Taking appropriate and reasonable steps to mitigate any further violations of this policy.
(f) Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.
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(h) Not interfering with or denying the right of a member to make any complaint. (i) Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. 1003.6 COMMAND STAFF RESPONSIBILITIES
The Chief of Police should communicate to all supervisors the prohibition against retaliation.
Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to:
(a) Communicating to all members the prohibition against retaliation. (b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant. 1003.7 WHISTLE-BLOWING
California law protects members who (Labor Code § 1102.5; Government Code § 53296 et seq.):
(a) Report a violation of a state or federal statute or regulation to a government or law enforcement agency, including the member’s supervisor or any other member with the authority to investigate the reported violation.
(b) Provide information or testify before a public body if the member has reasonable cause to believe a violation of law occurred.
(c) Refuse to participate in an activity that would result in a violation of a state or federal statute or regulation.
(d) File a complaint with a local agency about gross mismanagement or a significant waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. Members shall exhaust all available administrative remedies prior to filing a formal complaint.
(e) Are family members of a person who has engaged in any protected acts described above.
Members are encouraged to report any legal violations through the chain of command (Labor Code § 1102.5).
Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the IA investigator for investigation pursuant to the Personnel Complaints Policy.
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1003.7.1 DISPLAY OF WHISTLE-BLOWER LAWS
The Department shall display a notice to members regarding their rights and responsibilities under the whistle-blower laws, including the whistle-blower hotline maintained by the Office of the Attorney General (Labor Code § 1102.8).
1003.8 RECORDS RETENTION AND RELEASE
The Police Services Manager shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. 1003.9 TRAINING
The policy should be reviewed with each new member.
All members should receive periodic refresher training on the requirements of this policy.
Policy
1004
Emeryville Police Department
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Reporting of Employee Convictions
1004.1 PURPOSE AND SCOPE
Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform official duties. Therefore, all employees shall be required to promptly notify the Department of any past and current criminal convictions.
1004.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND
RESTRAINING ORDERS
California and federal law prohibit individuals convicted of, or having an outstanding warrant for, certain offenses and individuals subject to certain court orders from lawfully possessing a firearm.
Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Penal Code § 29805).
All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1004.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS
Government Code § 1029 prohibits any person convicted of a felony from being a peace officer in the State of California. This prohibition applies regardless of whether the guilt was established by way of a verdict, guilty, or nolo contendere plea.
Convictions of certain violations of the Vehicle Code and other provisions of law may also place restrictions on an employee’s ability to fully perform the duties of the job.
Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s ability to possess a firearm.
Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by members of this department may be inherently in conflict with law enforcement duties and the public trust. 1004.4 REPORTING PROCEDURE
All members of this department and all retired officers with an identification card issued by the Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest, outstanding warrant or conviction regardless of whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any.
All members and all retired officers with an identification card issued by the Department shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired Emeryville Police Department
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officers) in writing if the member or retiree becomes the subject of a domestic violence restraining order or similar court order or becomes the subject of an outstanding warrant.
Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any effort to remove such disqualification or restriction shall remain entirely the responsibility of the member on his/her own time and expense.
Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline.
1004.5 PROCEDURE FOR RELIEF
Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry a firearm following a conviction under state law. Federal law, however, does not provide for any such similar judicial relief and the granting of a state court petition under Penal Code § 29855 will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee falling under the restrictions imposed by federal law may only be obtained by expungement of the conviction. Employees shall seek relief from firearm restrictions on their own time and through their own resources.
Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any restraining order, which would thereafter permit the individual to carry a firearm or ammunition as a part of the individual's employment. Relief from any domestic violence or other restriction shall also be pursued through the employee’s own resources and on the employee’s own time.
Pending satisfactory proof of relief from any legal restriction imposed on an employee’s duties, the employee may be placed on administrative leave, reassigned, or disciplined. The Department may, but is not required to return an employee to any assignment, reinstate any employee, or reverse any pending or imposed discipline upon presentation of satisfactory proof of relief from any legal restriction set forth in this policy.
1004.5.1 NOTIFICATION REQUIREMENTS
The Professional Services and Standards Supervisor shall submit within 30 days of final disposition a notice to the Commission on Peace Officer Standards and Training (POST) of a felony conviction or Government Code § 1029 reason that disqualifies any current peace officer employed by this department or any former peace officer if this department was responsible for the investigation (11 CCR 1003).
The Professional Services and Standards Supervisor shall submit within 30 days a notice to POST of any appointment, termination, reinstatement, name change, or status change regarding any peace officer, reserve peace officer, public safety dispatcher, and records supervisor employed by this department (11 CCR 1003).
Policy
1005
Emeryville Police Department
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Drug- and Alcohol-Free Workplace
1005.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace (41 USC § 8103).
1005.2 POLICY
It is the policy of this department to provide a drug- and alcohol-free workplace for all members. 1005.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public.
Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Watch Commander or appropriate supervisor as soon as the member is aware that the member will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on-duty, the member shall be immediately removed and released from work (see the Work Restrictions section in this policy). 1005.3.1 USE OF MEDICATIONS
Members should not use any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to the member's immediate supervisor prior to commencing any on-duty status.
No member shall be permitted to work or drive a vehicle owned or leased by the Department while taking any medication that has the potential to impair the member's abilities, without a written release from the member's physician.
1005.3.2 MEDICAL CANNABIS
Possession, use, or being under the influence of medical cannabis on-duty is prohibited and may lead to disciplinary action.
1005.4 MEMBER RESPONSIBILITIES
Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on department premises or on department time (41 USC § 8103).
The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition.
Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance.
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Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use.
Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103).
1005.5 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Human Resources Department, their insurance providers or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems.
1005.6 WORK RESTRICTIONS
If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the Department. 1005.7 SCREENING TESTS
A supervisor may require an employee to submit to a screening under any of the following circumstances:
(a) The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing the employee's ability to perform duties safely and efficiently.
(b) The employee discharges a firearm in the performance of the employee's duties (excluding training or authorized euthanizing of an animal). (c) The employee discharges a firearm issued by the Department while off-duty, resulting in injury, death, or substantial property damage.
(d) The employee drives a motor vehicle in the performance of the employee's duties and becomes involved in an incident that results in bodily injury, death, or substantial damage to property.
1005.7.1 SUPERVISOR RESPONSIBILITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision to require the test, and shall inform the employee in writing of the following:
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(a) The test will be given to detect either alcohol or drugs, or both. (b) The result of the test is not admissible in any criminal proceeding against the employee.
(c) The employee may refuse the test, but refusal may result in dismissal or other disciplinary action.
1005.7.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee:
(a) Fails or refuses to submit to a screening test as requested. (b) After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that the employee took the controlled substance as directed, pursuant to a current and lawful prescription issued in the employee's name.
1005.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT
No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the Department will take appropriate disciplinary action, up to and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104).
1005.9 CONFIDENTIALITY
The Department recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the member involved or pursuant to lawful process.
The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained in the member's confidential medical file in accordance with the Personnel Records Policy.
Policy
1006
Emeryville Police Department
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Sick Leave
1006.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. The accrual and terms of use of sick leave for eligible employees are detailed in the City personnel manual or applicable collective bargaining agreement.
This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.), the California Family Rights Act, leave for victims of crime or abuse, or for organ or bone marrow donor procedures (29 CFR 825; Government Code § 12945.2; Labor Code § 230.1; Labor Code § 1510). 1006.2 POLICY
It is the policy of the Emeryville Police Department to provide eligible employees with a sick leave benefit that gives them continued compensation during times of absence due to personal or family illness.The number of hours available and terms of use are detailed in the employee's respective personnel manual or applicable collective bargaining agreement. 1006.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity or other activity that may impede recovery from the injury or illness (see Outside Employment Policy).
Qualified appointments should be scheduled during a member’s non-working hours when it is reasonable to do so.
1006.3.1 NOTIFICATION
All members should notify the Watch Commander or appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than two hours before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor (Labor Code § 246 ).
When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible and practicable, provide the Department notice of the impending absence (Labor Code § 246).
Upon return to work, members are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken.
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1006.4 EXTENDED ABSENCE
Members absent from duty for more than three consecutive days may be required to furnish a statement from a health care provider supporting the need to be absent and/or the ability to return to work. Members on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return.
Nothing in this section precludes a Chief or his/her designee from requiring, with cause, a health care provider’s statement for an absence of three or fewer days after the first three days of paid sick leave are used in a 12-month period.
1006.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy. (b) Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the Human Resources Department as appropriate.
(c) Addressing absences and sick leave use in the member’s performance evaluation when excessive or unusual use has:
1. Negatively affected the member’s performance or ability to complete assigned duties.
2. Negatively affected department operations.
(d) When appropriate, counseling members regarding excessive absences and/or inappropriate use of sick leave.
(e) Referring eligible members to an available employee assistance program when appropriate.
1006.6 REQUIRED NOTICES
The Human Resources Director shall ensure:
(a) Written notice of the amount of paid sick leave available is provided to employees as provided in Labor Code § 246.
(b) A poster is displayed in a conspicuous place for employees to review that contains information on paid sick leave as provided in Labor Code § 247.
Policy
1007
Emeryville Police Department
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Maternity Policy
1007.1 PURPOSE AND SCOPE
The purpose of this order is to establish a clearly defined list of duty procedures for officers during the term of a pregnancy.
1007.2 POLICY
The Emeryville Police Department values the health and welfare of its employees. It is with that organizational value in mind that this Maternity Leave Policy hereinafter referred to as "Maternity Policy" was developed. The Maternity Policy strives to provide the utmost protection for the expectant mother during her pregnancy by removing her from the foreseeable dangers of the police field environment. The Maternity Policy is designed to be consistent with the City of Emeryville's Family and Medical Leave Policy (hereinafter referred as as "City Policy"). 1007.3 PROCEDURES
APPLICATION: The Emeryville Police Department is bound by, and adheres to, the City Policy.
This Department Policy is not intended to modify or contradict the City Policy, Federal or State statutory law, and only supplements the City Policy by addressing additional issues that apply to in-field or hands-on law enforcement personnel, including sworn officers and uniformed in-field community service officers. The term "officer" used throughout this policy applies to all sworn hands-on or infield personnel, including CSOs, officers, sergeants, lieutenants, captains or the Chief of Police.Police department personnel not involved in in-field or hands-on law enforcement positions are not covered under this Maternity Policy and are entirely guided by the provisions of City Policy.
The City Policy covers and includes dispatchers, records specialists, administrative assistants and other clerical and support staff, as well as CSOs working in a non-field capacity. 1007.4 LIMITED DUTY ASSIGNMENT
Limited duty assignments shall include work assignments that do not involve the wearing of the standard police uniform or the utilization of standard in-field arrest and enforcement procedures.The individual bureaus or sections have the responsibility of developing lists of potential limited duty assignments and the determination of assignment will be based upon the availability of assignment as well as supervisory and administrative approval.
Limited duty involving pregnant officers shall include, "Any duty that does not place the pregnant officer in a position that a reasonable person or the public would expect an individual emergency police response from the pregnant officer. Additionally, said duty shall not include any tasks that a physician or reasonable person would consider physically strenuous or threatening to the pregnancy. Should the pregnant officer consider the tasks physically strenuous or threatening to her pregnancy, she is to immediately inform her supervisor before attempting the Emeryville Police Department
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task. The supervisor shall note the information and make every attempt to reassign the task from the pregnant officer."
Every effort will be made to see to it that the officer is assigned to a limited duty position within the bureau or section they normally work; however, the staffing needs of the organization will be the determining factor as to the ultimate assignment on limited duty. The officer shall not participate in any training, such as Defensive Tactics, Firearms, Driver Training, or any other training which is physically strenuous or threatening to her pregnancy. 1007.5 NOTIFICATION
An officer, upon discovering that she is pregnant, shall inform her immediate supervisor and the Office of the Chief of Police, via Chain of Command, in writing, within 30 days of the end of the firsttrimester. The Chief of Police may request medical confirmation that an officer is pregnant.
If an officer elects to terminate her pregnancy within the first three months of pregnancy, no notification is required.
1007.6 CHANGE OR MODIFICATION OF ASSIGNMENT
Absent a medical recommendation to the contrary, an officer shall continue in her current unmodified assignment for the first three months of pregnancy. The Chief of Police may request the medical recommendation in writing. If the recommendation is requested, the doctor shall be provided with a full written description of the requirements and duty of the officer's current assignment prior to the doctor making a recommendation. The City reserves the right to request a second opinion by a qualified obstetric and gynecology expert so designated by the City. An officer in her first trimester who receives a medical recommendation(s) that she should be reassigned, and an officer commencing her second trimester, shall be reassigned as follows:
(a) Patrol Bureau/Traffic Section. An officer currently assigned to Patrol or to Traffic shall be immediately reassigned to a limited duty position within the Patrol Bureau/Traffic Section or assigned to a position outside of Patrol or Traffic. The Department shall endeavor to keep the officer within the Criminal Investigations Bureau, however the ultimate decision as to whether the officer shall be reassigned within or outside of the Criminal Investigations Bureau shall be at the discretion of the Chief of Police and shall be determined by the needs of the Department.
A limited duty position with the Patrol Bureau/Traffic Section may include administrative support for staff on projects, report review, counter officer, or Special Event planning. (b) Criminal Investigations Section. An officer currently assigned to the Criminal Investigations Section shall be immediately reassigned to a limited duty position within or outside of the Criminal Investigations Section. The Department shall endeavor to keep the officer within the Criminal Investigations Section, however the ultimate decision as to whether the officer shall be reassigned within or outside of the Criminal Investigations Section shall be at the discretion of the Chief of Police and shall be determined by the needs of the Department. A limited duty position within the Emeryville Police Department
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Criminal Investigations Section may include check case investigations, 290 registrants, telephonic follow-up on cases, administrative support, or report review. (c) Administrative Positions. An officer currently assigned to an administrative position shall continue in her current position throughout her pregnancy. However the officer shall not work in any uniformed capacity or position.Regardless of the limited duty assignment the following shall apply:
• The officer shall not participate in the serving of warrants. • The officer shall not work in any uniformed position or capacity. • The officer shall not handle or knowingly come into contact with any dangerous or controlled substance that may harm the developing fetus.
• At the discretion of the officer and her supervisor, the officer may be limited in suspect and in-field contacts.
Court attendance will be a case-by-case basis and will be determined at the discretion of the officer and her supervisor.
1007.7 REINSTATEMENT (POST PREGNANCY)
An officer is considered eligible for reinstatement when she is either:
• No longer pregnant
• After the birth of the child and she has been medically cleared to return to full-time status.
If an officer is temporarily unable to fully perform the duties of her position as an officer, but has been otherwise medically released to return to full-time work, the officer's reassignment and position in the Department will be determined on a case by-case basis by the Chief of Police.When an officer is returned to full-time unrestricted duty, the officer shall be reinstated to the position she occupied prior to her pregnancy without penalty, unless:
(a) Her assignment to the position has naturally expired; or (b) The position has been eliminated.
1007.8 PROBATIONARY OFFICERS
The status of officers who are on probation during pregnancy and/or subsequent related conditions will determined on a case-by-case basis by the Chief of Police. The Chief of Police shall consider factors such as the amount of probationary time remaining and the attendance, performance and evaluations of that officer prior to pregnancy.
The Chief of Police may elect to extend the officer's probationary period until the officer's return to full-time unrestricted duty and has satisfactorily completed the probationary period on patrol.
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1007.9 DISABILITY
All of the above provisions only apply to officers who are not medically disabled due to pregnancy.
Medically disabled officers will fall under the auspices of the Federal Family Medical Leave Act and/or the California Pregnancy Disability Act, as interpreted and applied in the City of Emeryville Administrative Instructions.
Policy
1008
Emeryville Police Department
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Communicable Diseases
1008.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of department members contracting and/or spreading communicable diseases.
1008.1.1 DEFINITIONS
Definitions related to this policy include:
Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.
Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member’s position at the Emeryville Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1008.2 POLICY
The Emeryville Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. Members should review and be familiar with the Department / City Aerosol Transmissible Diseases Control Procedures (ATD), Exposure Control Plan (ECP), and Respiratory Protection Program (RPP).
1008.3 EXPOSURE CONTROL OFFICER
The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes:
(a) Exposure-prevention and decontamination procedures. (b) Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure.
(c) The provision that department members will have no-cost access to the appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) for each member’s position and risk of exposure. (d) Evaluation of persons in custody for any exposure risk and measures to separate them (15 CCR 1051; 15 CCR 1207).
(e) Compliance with all relevant laws or regulations related to communicable diseases, including:
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1. Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136).
2. Bloodborne pathogen mandates including (8 CCR 5193):
(a) Sharps injury log.
(b) Needleless systems and sharps injury protection.
3. Airborne transmissible disease mandates including (8 CCR 5199):
(a) Engineering and work practice controls related to airborne transmissible diseases.
(b) Distribution of appropriate personal protective equipment to minimize exposure to airborne disease.
4. Promptly notifying the county health officer regarding member exposures (Penal Code § 7510).
5. Establishing procedures to ensure that members request exposure notification from health facilities when transporting a person that may have a communicable disease and that the member is notified of any exposure as required by Health and Safety Code § 1797.188.
6. Informing members of the provisions of Health and Safety Code § 1797.188 (exposure to communicable diseases and notification).
(f) Provisions for acting as the designated officer liaison with health care facilities regarding communicable disease or condition exposure notification. The designated officer should coordinate with other department members to fulfill the role when not available. The designated officer shall ensure that the name, title and telephone number of the designated officer is posted on the Department website (Health and Safety Code § 1797.188).
The ECO should also act as the liaison with the Division of Occupational Safety and Health (Cal/ OSHA) and may request voluntary compliance inspections. The ECO shall annually review and update the exposure control plan and review implementation of the plan (8 CCR 5193). 1008.4 EXPOSURE PREVENTION AND MITIGATION
1008.4.1 GENERAL PRECAUTIONS
All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to (8 CCR 5193):
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area or department vehicles, as applicable. (b) Wearing department-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non-intact skin can be reasonably anticipated.
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(c) Washing hands immediately or as soon as feasible after removal of gloves or other PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease.
(e) Using an appropriate barrier device when providing CPR. (f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease.
(g) Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure.
1. Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/ decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j) Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored.
1008.4.2 IMMUNIZATIONS
Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (8 CCR 5193).
1008.5 DISPOSAL AND DECONTAMINATION
The following procedures will apply to the disposal and decontamination after responding to an event that involved contact with a person's blood or body fluids:
1008.5.1 USE OF WASTE CONTAINERS
Officers shall dispose of biohazard with the on-scene fire response vehicle, or at the attending clinic/hospital with their approval, or in an appropriately marked biohazard waste container at the station immediately upon arrival.
The biohazard waste container located at the station shall be collapsible, leakproof, red in color or appropriately labeled with a biohazard warning and routinely emptied. 1008.5.2 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES
Personnel shall wash their hands immediately (on-scene if possible), or as soon as possible following the removal of potentially contaminated gloves. Antibacterial soap and warm water or an approved disinfectant shall be used to wash one's hands, paying particular attention to the fingernails.
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If an employee's intact skin contacts someone else's blood or bodily fluids or other potentially infectious materials, the employee shall immediately wash the exposed part of his/her body with soap and warm water and/or an approved disinfectant, as soon as possible. If the skin becomes grossly contaminated, body washing shall be followed by an approved hospital strength disinfectant. If large areas of the employee's skin are contaminated, the employee shall shower as soon as possible, using warm water and soap and/or an approved disinfectant. Medical treatment should be obtained.
Contaminated non-intact skin (e.g., injured skin, open wound) shall be cleaned using an approved disinfectant and then dressed or bandaged as required. Medical treatment is required.
All hand, skin, and mucous membrane washing that takes place in the station shall be done in the designated cleaning or decontamination area. Cleaning shall not be done in the kitchen, bathrooms, or other locations not designated as the cleaning or decontamination area. 1008.5.3 SHARPS AND ITEMS THAT CUT OR PUNCTURE
All personnel shall avoid using or holding sharps (needles) unless needed to do so while assisting a paramedic, or collecting them for evidence. Unless required for evidentiary reasons related to evidence preservation, employees are not to recap sharps. If recapping is necessary, a onehanded method shall be employed to avoid a finger prick. Disposal, when practicable, shall be into a puncture proof biohazard container.
All sharps and items that cut or puncture (e.g., broken glass, razors, and knives) shall be treated cautiously to avoid cutting, stabbing, or puncturing one's self or any other person. In addition, if a sharp object contains known or suspected blood or other bodily fluids, that item is to be treated as a contaminated item. If the item is not evidence, touching it with the hands shall be avoided.
Rather, use a device such as tongs, or a broom and a dustpan to cleanup debris. If the material must be hand held, protective gloves must be worn.
1008.5.4 DISPOSABLE PROTECTIVE EQUIPMENT
Contaminated disposable supplies (gloves, dressings, CPR mask) shall be transported with the patient or suspect in the ambulance or police vehicle. The waste material shall then be disposed of in a biohazard waste container at the hospital or police station. Disposable gloves are to be worn while placing the waste into the waste biohazard container, placing the gloves in with the waste when through.
1008.5.5 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT After using any reusable personal protective equipment, it shall be washed or disinfected and stored appropriately. If the personal protective equipment is non-reusable (e.g., disposable gloves), it shall be discarded in a biohazard waste container as described in Policy Manual § 1016.3.4.
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equipment if the job has not been terminated. If this situation resulted in a contaminated non-intact skin event, Policy Manual § 1016.3.2 shall be implemented.
Contaminated reusable personal protective equipment that must be transported prior to cleaning it shall be placed into a biohazard waste bag and transported in the ambulance, paramedic truck or police vehicle. Gloves shall be worn while handling the biohazard waste bag and during placement into the biohazard waste container, and then included in with the waste. 1008.5.6 DECONTAMINATION OF NON-DISPOSABLE EQUIPMENT
Contaminated non-disposable equipment (e.g., flashlight, gun, baton, clothing, portable radio) shall be decontaminated as soon as possible. If it is to be transported, it shall be done by first placing it into a biohazard waste bag.
Grossly contaminated non-disposable equipment items shall be transported to a hospital, fire station, or police station for proper cleaning and disinfecting. Porous surfaces such as nylon bags and straps shall be brushed and scrubbed with a detergent and hot water, laundered and allowed to dry. Non-porous surfaces (e.g., plastic or metal) shall be brushed and scrubbed with detergent and hot water, sprayed with a bleach solution, rinsed, and allowed to dry. Delicate equipment (e.g., radios) should be brushed and scrubbed very carefully using a minimal amount of a type of germicide that is approved by Environmental Protection Agency (EPA) .
While cleaning equipment, pay close attention to handles, controls, portable radios, and corners (tight spots). Equipment cleaning shall not be done in the kitchen, bathrooms, or other areas not designated as the cleaning/decontamination area.
Contaminated equipment should be cleaned using an approved EPA germicide or a 1:100 solution of chlorine bleach (one-quarter-cup of bleach per one gallon of water) while wearing disposable gloves and goggles. Large particles of contaminants such as, vomit, feces, blood clots, etc. should first be removed (using a disposable towel or other means to prevent direct contact) and properly disposed of.
1008.5.7 DECONTAMINATION OF CLOTHING
Contaminated clothing such as uniforms and undergarments shall be removed as soon as feasible and rinsed in cold water to prevent the setting of bloodstains. If the clothing may be washed in soap and hot water, do so as soon as possible. If the clothing must be dry cleaned, place it into a biohazard waste bag and give it to the Exposure Control Officer. The ECO will secure a dry cleaner that is capable of cleaning contaminated clothing, and inform them of the potential contamination.
This dry cleaning will be done at the Department's expense.
Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the contaminant soaked through the boot, the boot shall be discarded. 1008.5.8 DECONTAMINATION OF VEHICLES
Contaminated vehicles and components such as the seats, radios, and doors shall be washed with soap and warm water and disinfected with an approved germicide as soon as feasible.
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1008.5.9 DECONTAMINATION OF STATION AND CLEANING AREA
The Professional Services and Standards Division Captain shall designate a location at the station that will serve as the area for cleaning/decontamination. This area is to be used to keep equipment clean and sanitary and for the employees to wash any potential contamination from their bodies.
This area is to be thoroughly cleaned after each use and to be maintained in a clean and sanitary order at all times between each use. The application of cosmetics, smoking cigarettes, food and drink are prohibited in this designated area at all times. 1008.6 POST EXPOSURE
1008.6.1 INITIAL POST-EXPOSURE STEPS
To provide appropriate and timely treatment should exposure occur, all employees shall verbally report the exposure to their immediate supervisor and complete a written exposure report as soon as possible following the exposure or suspected exposure. That report shall be submitted to the employee's immediate supervisor. Additionally, employees should document in the exposure report whether they would like the person who was the source of the exposure to be tested for communicable diseases.
Members who experience an exposure or suspected exposure shall:
(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practicable.
1008.6.2 REPORTING REQUIREMENTS
The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented (8 CCR 5193):
(a) Name and Social Security number of the member exposed (b) Date and time of the incident
(c) Location of the incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused
(g) PPE in use at the time of the incident
(h) Actions taken post-event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited.
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requirements that may apply (see the Occupational Disease and Work-Related Injury Reporting Policy).
1008.6.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Department members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary (8 CCR 5193).
The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information:
(a) Whether the member has been informed of the results of the evaluation. (b) Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment.
No other information should be requested or accepted by the ECO. 1008.6.4 COUNSELING
The Department shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure (8 CCR 5193). 1008.6.5 SOURCE TESTING
Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate (8 CCR 5193). Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought.
Source testing may be achieved by:
(a) Obtaining consent from the individual.
(b) Complying with the statutory scheme of Health and Safety Code § 121060. This includes seeking consent from the person who was the source of the exposure and seeking a court order if consent is not given.
(c) Testing the exposed member for evidence of a communicable disease and seeking consent from the source individual to either access existing blood samples for testing or for the source to submit to testing (Health and Safety Code § 120262). (d) Taking reasonable steps to immediately contact the County Health Officer and provide preliminary information regarding the circumstances of the exposure and the status of the involved individuals to determine whether the County Health Officer will order testing (Penal Code § 7510).
(e) Under certain circumstances, a court may issue a search warrant for the purpose of HIV testing a person when the exposed member qualifies as a crime victim (Penal Code § 1524.1).
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Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing.
The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses.
1008.7 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and shall not be disclosed to anyone without the member’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well. 1008.8 TRAINING
All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training (8 CCR 5193):
(a) Shall be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b) Shall be provided whenever the member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease.
(c) Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs.
Policy
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Smoking and Tobacco Use
1009.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in Emeryville Police Department facilities or vehicles.
For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer.
1009.2 POLICY
The Emeryville Police Department recognizes that tobacco use is a health risk and can be offensive to others.
Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy (Government Code § 7597; Labor Code § 6404.5).
1009.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by members is prohibited anytime members are in public view representing the Emeryville Police Department.
It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside City facilities and vehicles. 1009.4 ADDITIONAL PROHIBITIONS
No person should use tobacco products within 20 feet of a main entrance, exit, or operable window of any public building (including any department facility), or buildings on the campuses of the University of California, California State University and California community colleges, whether present for training, enforcement, or any other purpose (Government Code § 7596 et seq.).
Policy
1010
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Personnel Complaints
1010.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Emeryville Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1010.2 POLICY
The Emeryville Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law, municipal and county rules and the requirements of any collective bargaining agreements.
It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation.
1010.2.1 ACCEPTANCE OF COMPLAINTS
A complaint may be filed in person, in writing, or by telephoning the Department. Although not required, every effort should be made to have the complainant appear in person. The following should be considered before taking a complaint:
(a) Complaints shall not be prepared unless the alleged misconduct or job performance is of a nature which, if true, would normally result in disciplinary action (b) When an uninvolved supervisor or the Watch Commander determines that the reporting person is satisfied that their complaint required nothing more than an explanation regarding the proper/improper implementation of department policy or procedure, a complaint need not be taken. The supervisor will document the complaint and their actions in memo form and forward it to their respective division commander. (c) When the complainant is intoxicated to the point where his/her credibility appears to be unreliable, identifying information should be obtained and the person should be provided with a Personnel Complaint form
(d) Depending on the urgency and seriousness of the allegations involved, complaints from juveniles should generally be taken only with their parents, guardians, or responsible adult present and after the parents or guardians have been informed of the circumstances prompting the complaint
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1010.2.2 COMPLAINT DOCUMENTATION
Formal complaints of alleged misconduct shall be documented by a supervisor on a personnel complaint form. The supervisor shall insure that the nature of the complaint is defined as clearly as possible.
When a Personnel Complaint form is completed in person, the complainant should legibly write a detailed narrative of his/her complaint. If circumstances indicate that this is not feasible, the complaint may be dictated to the receiving supervisor. In an effort to insure accuracy in any complaint, it is recommended that a recorded statement be obtained from the reporting party.
A refusal by a party to be recorded shall not alone be grounds to refuse to accept a complaint.
Whether handwritten or dictated, the complainant's signature should be obtained at the conclusion of the statement. The complainant should be provided with a copy of his/her own original complaint per Penal Code § 832.7.
1010.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or of federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1010.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Watch Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the IA investigator, depending on the seriousness and complexity of the investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the IA investigator, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. 1010.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone.
(b) Any department member becoming aware of alleged misconduct shall immediately notify a supervisor.
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(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d) Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint. 1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1010.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable.
1010.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs, or physical evidence may be obtained as necessary.
A complainant shall be provided with a copy of the complaining party's statement at the time it is filed with the Department (Penal Code § 832.7).
1010.4.3 AVAILABILITY OF WRITTEN PROCEDURES
The Department shall make available to the public a written description of the investigation procedures for complaints (Penal Code § 832.5).
1010.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee.
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1010.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows. 1010.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed.
1. The original complaint form will be directed to the Watch Commander of the accused member, via the chain of command, who will take appropriate action and/or determine who will have responsibility for the investigation.
2. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Division Captain or the Chief of Police, who will initiate appropriate action. (b) Responding to all complainants in a courteous and professional manner. (c) Resolving those personnel complaints that can be resolved immediately.
1. Follow-up contact with the complainant should be made within 24 hours of the Department receiving the complaint.
2. If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Watch Commander.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Watch Commander and the Chief of Police are notified via the chain of command as soon as practicable.
(e) Promptly contacting the Human Resources Department and the Watch Commander for direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f) Forwarding unresolved personnel complaints to the Watch Commander, who will determine whether to contact the complainant or assign the complaint for investigation. (g) Informing the complainant of the investigator’s name and the complaint number within three days after assignment.
(h) Investigating a complaint as follows:
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1. Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses.
2. When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i) Ensuring that the procedural rights of the accused member are followed (Government Code § 3303 et seq.).
(j) Ensuring interviews of the complainant are generally conducted during reasonable hours.
1010.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the IA investigator, the following applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government Code § 3303):
(a) Interviews of an accused member shall be conducted during reasonable hours and preferably when the member is on-duty. If the member is off-duty, he/she shall be compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the Emeryville Police Department or other reasonable and appropriate place. (c) No more than two interviewers should ask questions of an accused member. (d) Prior to any interview, a member shall be informed of the nature of the investigation, the name, rank and command of the officer in charge of the investigation, the interviewing officers and all other persons to be present during the interview. (e) All interviews shall be for a reasonable period and the member's personal needs should be accommodated.
(f) No member should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. (g) Any member refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so.
1. A member should be given an order to answer questions in an administrative investigation that might incriminate the member in a criminal matter only after the member has been given a Lybarger advisement. Administrative investigators should consider the impact that compelling a statement from the member may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications).
2. No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor.
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(h) The interviewer should record all interviews of members and witnesses. The member may also record the interview. If the member has been previously interviewed, a copy of that recorded interview shall be provided to the member prior to any subsequent interview.
(i) All members subjected to interviews that could result in discipline have the right to have an uninvolved representative present during the interview. However, in order to maintain the integrity of each individual’s statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed.
(j) All members shall provide complete and truthful responses to questions posed during interviews.
(k) No member may be requested or compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation (Government Code § 3307).
No investigation shall be undertaken against any officer solely because the officer has been placed on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts or omissions for which the officer has been placed on a Brady list or may otherwise be subject to disclosure pursuant to Brady v. Maryland (Government Code § 3305.5). 1010.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.
Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report.
1010.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
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Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code § 832.8).
Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member.
Sustained - A final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an officer were found to violate law or department policy (Penal Code § 832.8).
If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations.
1010.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation (Government Code § 3304).
In the event that an investigation cannot be completed within one year of discovery, the assigned investigator or supervisor shall ensure that an extension or delay is warranted within the exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1. 1010.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The member conducting the investigation should provide the complainant with periodic updates on the status of the investigation, as appropriate.
1010.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Lockers and storage spaces may only be administratively searched in the member's presence, with the member’s consent, with a valid search warrant or where the member has been given reasonable notice that the search will take place (Government Code § 3309). 1010.7.1 DISCLOSURE OF FINANCIAL INFORMATION
An employee may be compelled to disclose personal financial information under the following circumstances (Government Code § 3308):
(a) Pursuant to a state law or proper legal process
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(b) Information exists that tends to indicate a conflict of interest with official duties (c) If the employee is assigned to or being considered for a special assignment with a potential for bribes or other improper inducements
1010.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave:
(a) May be required to relinquish any department badge, identification, assigned weapons and any other department equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1010.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency.
A member accused of criminal conduct shall be advised of his/her constitutional rights (Government Code § 3303(h)). The member should not be administratively ordered to provide any information in the criminal investigation.
The Emeryville Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1010.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include his/her comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action.
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1010.10.1 DIVISION COMMANDER RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Division Captain of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials.
The Division Captain may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Division Captain may return the entire investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Division Captain shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. 1010.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Division Captain for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a predisciplinary procedural due process hearing (Skelly) by providing written notice of the charges, proposed action and reasons for the proposed action. Written notice shall be provided within one year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of Police shall also provide the member with:
(a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline.
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice.
1. Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond.
2. If the member elects to respond orally, the presentation may be recorded by the Department. Upon request, the member shall be provided with a copy of the recording.
Once the member has completed his/her response or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective.
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1010.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The Chief of Police or the authorized designee shall ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code § 832.7(f)).
1010.10.4 NOTICE REQUIREMENTS
The disposition of any civilian’s complaint shall be released to the complaining party within 30 days of the final disposition. This release shall not include what discipline, if any, was imposed (Penal Code § 832.7(f)).
1010.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:
(a) The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses.
(c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider.
(d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials.
1010.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline (Penal Code § 13510.8).
1010.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal using the procedures established by any collective bargaining agreement, Memorandum of Understanding and/or personnel rules.
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In the event of punitive action against an employee covered by the POBR, the appeal process shall be in compliance with Government Code § 3304 and Government Code § 3304.5.
During any administrative appeal, evidence that an officer has been placed on a Brady list or is otherwise subject to Brady restrictions may not be introduced unless the underlying allegations of misconduct have been independently established. Thereafter, such Brady evidence shall be limited to determining the appropriateness of the penalty (Government Code § 3305.5). 1010.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees may be released from employment for non-disciplinary reasons (e.g., failure to meet standards) without adherence to the procedures set forth in this policy or any right to appeal. However, any probationary officer subjected to an investigation into allegations of misconduct shall be entitled to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303; Government Code § 3304).
At-will, probationary employees subjected to discipline or termination as a result of allegations of misconduct shall not be deemed to have acquired a property interest in their position, but shall be given the opportunity to appear before the Chief of Police or authorized designee for a nonevidentiary hearing for the sole purpose of attempting to clear their name or liberty interest. There shall be no further opportunity for appeal beyond the liberty interest hearing and the decision of the Chief of Police shall be final.
1010.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. 1010.16 REQUIRED REPORTING TO POST
The Chief of Police or the authorized designee shall notify POST on the appropriate POST form within 10 days of certain officer personnel events, including but not limited to (Penal Code § 13510.9):
(a) Termination or separation from employment or appointment. Separation from employment or appointment includes any involuntary termination, resignation, or retirement.
1. A POST affidavit-of-separation form shall be executed and maintained by the Department and submitted to POST as required by Penal Code § 13510.9. (b) Events that could affect an officer’s POST certification, such as:
1. Complaints, charges, or allegations of misconduct
2. Findings of civilian review boards
3. Final dispositions of any investigations
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4. Civil judgments or court findings based on conduct, or settlement of a civil claim against an officer or the Emeryville Police Department based on allegations of conduct by an officer
The Chief of Police or the authorized designee shall be responsible for providing POST access to or duplication of investigation documentation (e.g., physical or documentary evidence, witness statements, analysis, conclusions) for up to two years after reporting of the disposition of an investigation (Penal Code § 13510.9).
Policy
1011
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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). 1011.1.1 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 POLICY
It is the policy of the Emeryville Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1011.3 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. 1011.4 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 passengerside 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).
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1011.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES
Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints.
Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy.
1011.6 INOPERABLE SEAT BELTS
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.
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. 1011.7 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. 1011.8 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.
Policy
1012
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Body Armor
1012.1 PURPOSE AND SCOPE
The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor.
1012.2 POLICY
It is the policy of the Emeryville Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1012.3 ISSUANCE OF BODY ARMOR
The Professional Services and Standards supervisor shall ensure that body armor is issued to all officers and PST's when the officer or PST begins service at the Emeryville Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. At the time of appointment or upon the recommended replacement schedule of the body armor, any sworn staff member may have their body armor replaced by the Department. The member may request in writing to the Chief of Police to have a load-bearing vest (LBV) carrier supplied by the Department on or before the body armor safety equipment replacement order is made.
The Professional Services and Standards supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised.
1012.3.1 USE OF SOFT BODY ARMOR
Generally, the use of body armor is required subject to the following:
(a) Officers shall only wear agency-approved body armor. (b) Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action.
(c) Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action.
(d) Body armor shall be worn when an officer is working in uniform or taking part in Department range training.
(e) An officer may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor.
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1012.3.2 INSPECTIONS OF BODY ARMOR
Supervisors should ensure that body armor is worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual inspections of body armor should be conducted by an authorized designee for fit, cleanliness, and signs of damage, abuse and wear.
1012.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR
Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks.
Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions.
Failure to follow these instructions may damage the ballistic performance capabilities of the armor.
If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions.
Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label.
Soft body armor should be replaced in accordance with the manufacturer's recommended replacement schedule.
1012.4 FIREARMS INSTRUCTOR RESPONSIBILITIES
The Firearms Instructor should:
(a) Monitor technological advances in the body armor industry for any appropriate changes to Department approved body armor.
(b) Assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats.
(c) Provide training that educates officers about the safety benefits of wearing body armor.
Policy
1013
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Personnel Records
1013.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name._
1013.2 POLICY
It is the policy of this department to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7). 1013.3 DEPARTMENT FILE
The department file shall be maintained as a record of a person’s employment/appointment with this department. The department file should contain, at a minimum:
(a) Personal data, including photographs, marital status, names of family members, educational and employment history, or similar information. A photograph of the member should be permanently retained.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in employment/appointment status. These should be permanently retained. (d) Original performance evaluations. These may be permanently retained. (e) Discipline records, including copies of sustained personnel complaints (see the Personnel Complaints Policy).
1. Disciplinary action resulting from sustained internally initiated complaints or observation of misconduct shall be maintained pursuant to the established records retention schedule and at least four years (Government Code § 12946).
2. Disciplinary action resulting from a sustained civilian's complaint involving misconduct shall be maintained pursuant to the established records retention schedule and at least 15 years (Penal Code § 832.5).
3. A civilian’s complaint involving misconduct that was not sustained shall be maintained pursuant to the established records retention schedule and at least five years (Penal Code § 832.5).
(f) Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment (Government Code § 3305).
1. Once a member has had an opportunity to read and initial any adverse comment, the member shall be given the opportunity to respond in writing to the adverse comment within 30 days (Government Code § 3306).
2. Any member response shall be attached to and retained with the original adverse comment (Government Code § 3306).
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3. If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment and the member should sign or initial the noted refusal. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file (Government Code § 3305). (g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.
1013.4 DIVISION FILE
Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file may contain supervisor comments, notes, notices to correct and other materials that are intended to serve as a foundation for the completion of timely performance evaluations.
All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code § 3305 and Government Code § 3306. 1013.5 TRAINING FILE
An individual training file shall be maintained by the Professional Services Officer for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records)._ (a) The involved member is responsible for providing the Professional Services Officer or immediate supervisor with evidence of completed training/education in a timely manner.
(b) The Professional Services Officer or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1013.6 INTERNAL AFFAIRS FILE
Internal affairs files shall be maintained under the exclusive control of the IA investigator in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police or the IA investigator supervisor.
These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition (Penal Code § 832.12). Investigations of complaints that result in the following findings shall not be placed in the member's file but will be maintained in the internal affairs file:
(a) Not sustained
(b) Unfounded
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(c) Exonerated
Investigation files arising out of sustained civilian’s complaints involving misconduct shall be maintained pursuant to the established records retention schedule and for a period of at least 15 years. Investigations that resulted in other than a sustained finding may not be used by the Department to adversely affect an employee’s career (Penal Code § 832.5).
Investigation files arising out of internally generated complaints shall be maintained pursuant to the established records retention schedule and for at least four years (Government Code § 12946).
Investigation files arising out of a civilian complaint involving misconduct that was not sustained shall be maintained pursuant to the established records retention schedule and for at least five years (Penal Code § 832.5).
1013.7 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the member’s medical condition and history, including but not limited to:
(a) Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA).
(b) Documents relating to workers’ compensation claims or the receipt of short- or longterm disability benefits. (c) Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries and related documents.
(d) Medical release forms, doctor’s slips and attendance records that reveal a member’s medical condition.
(e) Any other documents or materials that reveal the member’s medical history or medical condition, including past, present or future anticipated mental, psychological or physical limitations.
1013.8 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection.
Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy or according to applicable discovery procedures.
Nothing in this policy is intended to preclude review of personnel records by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business._ 1013.8.1 REQUESTS FOR DISCLOSURE
Any member receiving a request for a personnel record shall promptly notify the Custodian of Records or other person charged with the maintenance of such records.
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Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made (Evidence Code § 1043).
The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel.
All requests for disclosure that result in access to a member’s personnel records shall be logged in the corresponding file._
1013.8.2 RELEASE OF PERSONNEL INFORMATION
Personnel records shall not be disclosed except as allowed by law (Penal Code § 832.7; Evidence Code § 1043) (See also Records Maintenance and Release Policy).
Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this department may be guilty of a misdemeanor (Penal Code § 146e).
The Department may release any factual information concerning a disciplinary investigation if the member who is the subject of the investigation (or the member's representative) publicly makes a statement that is published in the media and that the member (or representative) knows to be false. The disclosure of such information, if any, shall be limited to facts that refute any such false statement (Penal Code § 832.7).
1013.8.3 RELEASE OF LAW ENFORCEMENT GANG INFORMATION
Information relating to the termination of an officer from this department for participation in a law enforcement gang shall be disclosed to another law enforcement agency that is conducting a preemployment background investigation except where specifically prohibited by law (Penal Code § 13670).
1013.9 MEMBERS' ACCESS TO THEIR PERSONNEL RECORDS
Any member may request access to the member's own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from the member's personnel records shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response from the Department shall be retained with the contested item in the member’s corresponding personnel record (Government Code § 3306.5).
Members may be restricted from accessing files containing any of the following information:
(a) An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline.
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(b) Confidential portions of internal affairs files that have not been sustained against the member.
(c) Criminal investigations involving the member.
(d) Letters of reference concerning employment/appointment, licensing, or issuance of permits regarding the member.
(e) Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f) Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments, or other comments or ratings used for department planning purposes.
(g) Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
(h) Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding.
1013.10 RETENTION AND PURGING
Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule.
(a) During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police.
(c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule._
1013.11 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS
Any member may request access to his/her own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from his/her personnel records shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response Emeryville Police Department
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from the Department shall be retained with the contested item in the member’s corresponding personnel record (Government Code § 3306.5).
Members may be restricted from accessing files containing any of the following information:
(a) An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline.
(b) Confidential portions of internal affairs files that have not been sustained against the member.
(c) Criminal investigations involving the member.
(d) Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member.
(e) Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f) Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for department planning purposes.
(g) Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
(h) Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding.
1013.12 RETENTION AND PURGING
Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule.
(a) During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police.
(c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule.
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1013.13 RELEASE OF PERSONNEL RECORDS AND RECORDS RELATED TO CERTAIN
INCIDENTS, COMPLAINTS, AND INVESTIGATIONS OF OFFICERS
Personnel records and records related to certain incidents, complaints, and investigations of officers shall be released pursuant to a proper request under the Public Records Act and subject to redaction and delayed release as provided by law.
The Custodian of Records should work as appropriate with the Chief of Police or the IA investigator supervisor in determining what records may qualify for disclosure when a request for records is received and if the requested record is subject to redaction or delay from disclosure.
For purposes of this section, a record includes (Penal Code § 832.7(b)(3):
• All investigation reports.
• Photographic, audio, and video evidence.
• Transcripts or recordings of interviews.
• Autopsy reports.
• All materials compiled and presented for review to the District Attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action was consistent with law and department policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take.
• Documents setting forth findings or recommending findings. • Copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
Unless a record or information is confidential or qualifies for delayed disclosure as provided by Penal Code § 832.7(b)(8) or other law, the following records (hereinafter qualifying records) shall be made available for public inspection no later than 45 days from the date of a request (Penal Code § 832.7(b)(1)):
(a) Records relating to the report, investigation, or findings of:
1. The discharge of a firearm at another person by an officer.
2. The use of force against a person resulting in death or in great bodily injury (as defined by Penal Code § 243(f)(4)) by an officer.
3. A sustained finding involving a complaint that alleges unreasonable or excessive force.
4. A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.
(b) Records relating to an incident where a sustained finding was made by the Department or oversight agency regarding:
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1. An officer engaged in sexual assault of a member of the public (as defined by Penal Code § 832.7(b)).
2. Dishonesty of an officer relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another officer, including but not limited to any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury._
3. An officer engaged in conduct including but not limited to verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
4. An officer made an unlawful arrest or conducted an unlawful search.
Qualifying records will be made available regardless of whether the officer resigns before the Department or an oversight agency concludes its investigation (Penal Code § 832.7(b)(3)).
A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure (Penal Code § 832.7(b)(4)).
When an investigation involves multiple officers, the Department shall not release information about allegations of misconduct or the analysis or disposition of an investigation of an officer unless it relates to a sustained finding of a qualified allegation as provided by Penal Code § 832.7(b)(5).
However, factual information about the action of the officer during an incident or the statements of an officer shall be released if the statements are relevant to a finding of the qualified allegation against another officer that is subject to release (Penal Code § 832.7(b)(5)). 1013.13.1 NOTICE OF DELAY OF RECORDS
When there is justification for delay of disclosure of qualifying records, the Custodian of Records shall provide written notice of the reason for any delay to a requester as follows (Penal Code § 832.7):
(a) Provide the specific basis for the determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. The notice shall also include the estimated date for the disclosure of the withheld information. (b) When delay is continued beyond the initial 60 days because of criminal enforcement proceedings against anyone, at 180-day intervals provide the specific basis that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding and the estimated date for disclosure.
1. Information withheld shall be disclosed when the specific basis for withholding the information is resolved, the investigation or proceeding is no longer active, or no later than 18 months after the date of the incident, whichever occurs sooner, unless:
(a) When the criminal proceeding is against someone other than an officer and there are extraordinary circumstances to warrant a continued delay due Emeryville Police Department
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to the ongoing criminal investigation or proceeding, then the Department must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest for prompt disclosure of records about misconduct or use of force by officers.
In cases where an action to compel disclosure is brought pursuant to Government Code § 6258, the Department may justify delay by filing an application to seal the basis for withholding if disclosure of the written basis itself would impact a privilege or compromise a pending investigation (Penal Code § 832.7(b)(8)).
1013.13.2 DELAY OF RELEASE
Unless otherwise directed by the Chief of Police, the Custodian of Records should consult with a supervisor familiar with the underlying investigation to determine whether to delay disclosure of qualifying records due to any of the following conditions (Penal Code § 832.7):
(a) Active criminal investigations
1. Disclosure may be delayed 60 days from the date the misconduct or use of force occurred or until the District Attorney determines whether to file criminal charges, whichever occurs sooner.
2. After the initial 60 days, delay of disclosure may be continued if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer or against someone other than an officer who engaged in misconduct or used the force.
(b) Filed criminal charges
1. When charges are filed related to an incident in which misconduct occurred or force was used, disclosure may be delayed until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea has passed.
(c) Administrative investigations
1. Disclosure may be delayed until:
(a) There is a determination from the investigation whether the misconduct or use of force violated law or department policy, but no longer than 180 days after the date of the department’s discovery of the misconduct or use of force or allegation of misconduct or use of force
1013.13.3 REDACTION
The Custodian of Records, in consultation with the Chief of Police or authorized designee, shall redact the following portions of qualifying records made available for release (Penal Code § 832.7(b)(6)):
(a) Personal data or information (e.g., home address, telephone number, identities of family members) other than the names and work-related information of officers Emeryville Police Department
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(b) Information that would compromise the anonymity of whistleblowers, complainants, victims, and witnesses
(c) Confidential medical, financial, or other information where disclosure is prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force
(d) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the officer or another person
Additionally, a record may be redacted, including redacting personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosing it (Penal Code § 832.7(b)(7)).
Policy
1014
Emeryville Police Department
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Department Members' Addresses and Telephone
Numbers
1014.1 PURPOSE AND SCOPE
The purpose of this order is to establish a policy for the use and release of private telephone numbers and residential addresses of members of the Emeryville Police Department.
Employees are required to have telephones in a place where they reside. Changes in address or telephone number shall be reported in writing to the Office of the Chief of Police within 24 hours of the change, whether the employee is working or on leave. 1014.2 POLICY
No member of the Emeryville Police Department may release the personal telephone number or residential address of any member of the department to persons other than Police Department employees without the expressed permission of the employee. 1014.3 PROCEDURE
(a) Location of Personnel Rosters. A roster of residential addresses and telephone numbers of members of the Emeryville Police Department shall be maintained by the designated Administrative Assistant.
(b) Release Permission Required. Under no circumstances will a department member's personal telephone number or home address be released to other than Emeryville Police employees without the expressed permission or authorization of the department employee. (c) Transmission by Radio Prohibited. Neither the residential or personal cellular telephone, nor home address of any member of the Police Department be communicated over the radio by the any employee.
(d) Reporting Address/Telephone Number Changes. A change of address and/or telephone number of a department members shall be reported in writing to the Chief of Police's Administrative Assistant within 24 hours after the change.The completed form shall be routed to Personnel, Payroll and the Administrative Assistant responsible for the personnel roster.
The master address roster shall be updated and updated copies routed appropriately. (e) Request for Confidentiality of Home Address. The Department of Motor Vehicles allows certain employees, if they qualify, to complete the "Request for Confidentiality of Home Address" form (Form DMV 57) in order to show the Emeryville Police Department's name and address on their DMV documents. When there is a change in the status of an employee who completed a DMV Confidentiality Request form (INV/32), by termination, change of agency, or retirement, the Chief's Administrative Assistant or designee shall notify DMV by returning the Department's copy of the DMV request form to the address on the form.
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• When "retired" is checked, DMV keeps the confidentiality provision in effect. • When "no longer qualified" is checked, DMV keeps the confidentiality in effect for three years from date of separation/termination.
Policy
1015
Emeryville Police Department
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Request for Change of Assignment
1015.1 PURPOSE AND SCOPE
It is the intent of the Department that all requests for change of assignment are considered equally. To facilitate the selection process, the following procedure is established whereby all such requests will be reviewed on an equal basis as assignments are made. 1015.2 REQUEST FOR CHANGE OF ASSIGNMENT
Personnel wishing a change of assignment are to complete a memo which should then be forwarded through the chain of command to their Division Captain. 1015.3 SUPERVISOR'S COMMENTARY
The employee's immediate supervisor should make appropriate comments prior to forwarding the request memo to the Division Captain of the employee involved.
Policy
1016
Emeryville Police Department
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Commendations and Awards
1016.1 PURPOSE AND SCOPE
This policy provides general guidelines for recognizing commendable or meritorious acts of members of the Emeryville Police Department and individuals from the community. 1016.2 POLICY
It is the policy of the Emeryville Police Department to recognize and acknowledge exceptional individual or group achievements, performance, proficiency, heroism and service of its members and individuals from the community through commendations and awards. 1016.3 CATEGORY OF AWARDS
A. Medal of Valor:The Department's highest award for valor will be awarded when the following elements exist:
1. Outstanding bravery above and beyond that expected in the line of duty,
2. Where failure to take such action would justify censure,
3. Where the risk of life actually existed and the member had sufficient time to evaluate it,
4. Where the objective is of sufficient importance to justify the risk,
5. Where the member accomplishes his/her objective or is prevented from same by incurring a disabling injury or death.
B. Medal of Merit:The Medal of Merit shall be awarded to those members who distinguish themselves by performing in dynamic situations with exceptional tactics and/or judgment.The medal may be awarded to those who distinguish themselves by bravery or heroism above and beyond the normal demands of duty and to a lesser degree than required by the Medal of Valor.
C. Chief's Commendation:The Emeryville Police Department's Chief 's Commendation is the third highest departmental award that can be presented to a member of the department.It denotes exemplary service and dedication according to the highest levels of police standards.
D. Letter of Commendation:A Letter of Commendation is a written documentation of exceptional conduct and/or behavior by a member of the department.A Letter of Commendation may be issued to a subordinate member by any supervisor or by any Emeryville City official.Letters and documentation of other notifications received by the community or other outside agencies concerning appreciation of meritorious conduct by members shall be routed to the member through the Chain of Command.A copy of the letter/documentation shall be placed in the member's permanent department personnel file.
E. Awards from the Community:Upon notification from any civilian, civilian agency, or other group that a member has been selected to receive special recognition, or an award related to the member's employment with the Emeryville Police Department, the Emeryville Police Department
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member shall notify the Chief of Police via the Chain of Command.A written summary of the circumstances surrounding the award from the community shall be entered into the member's permanent personnel file.
F. Civilian Appreciation Award:A Certificate of Appreciation may be presented to any community member or community organization in recognition of outstanding service to the Emeryville Police Department, or for assistance in law enforcement efforts.Any Emeryville Police Department employee may initiate a Civilian Appreciation Award.Recommendations, including supporting documentation, shall be forwarded to the Chief of Police for approval.An approved Civilian Appreciation Award shall be in the form of a certificate signed by the Chief of Police.
G. Civilian Award of Valor:The Civilian Award of Valor may be awarded to a civilian for exemplary and heroic acts that expose them to considerable danger.Any Emeryville Police Department employee may initiate a Civilian Award of Valor.Recommendations, including supporting documentation, shall be forwarded to the department's Awards Committee for review.The committee will then submit their recommendation to the Chief of Police for final approval.An approved Civilian Award of Valor will be in the form of a certificate signed by the Chief of Police and presented to the individual at a special ceremony.
1016.4 NOMINATION FOR AWARDS
Nominations for Medal of Valor or Medal of Merit may be made by any member of the Emeryville Police Department or member of the community. All nominations shall be submitted by memorandum, or by letter in the case of a community member nomination, through the normal Chain of Command to the Department Awards Committee
Each individual receiving the written nomination within the Chain of Command may make comments pertaining to the act itself, the facts and circumstances surrounding the act or involvement of the participants. Individuals within the Chain of Command may also make comments as to whether an award is justified, but should refrain from suggesting the type of award that is to be given.
All nominations and supporting documents will be forwarded to the Department Awards Committee for review, investigation and recommendation. The Awards Committee will forward the recommendations to the Chief of Police for final approval. The Chief of Police is the sole and final authority on issuance and level of certificate and medal to be awarded. 1016.5 DEPARTMENT AWARDS COMMITTEE
The Chief of Police will appoint the Awards Evaluation Committee. The Committee shall consist of four members. The Chief of Police shall be the Chairperson and serve as the facilitator only voting in case of a tie.
Other members shall include:
1. Division Captain of the nominated employee
2. Administration & Professional Standards Unit Lieutenant/Captain Emeryville Police Department
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3. One representative from SEIU
4. One representative from EPOA
The Awards Committee shall review the nominations and if appropriate assign a specific type of award, or type of commendation, to each nomination. The Committee will submit its recommendation to the Chief of Police.
1016.6 PRESENTATIONS OF AWARDS
Presentation of a Medal of Valor or a Medal of Merit, shall be held in timely ceremonies. Chief's Commendation and Letters of Commendation will be routed to the member via the Chain of Command.
1016.7 MULTIPLE AWARDS
There is no limitation placed on the number of Medal of Valor or Merit, or commendations, that may be amassed by a department member. However, only one award will be issued for any one incident involving a heroic or meritorious act.
1016.8 DISPLAY OF AWARDS
Department personnel are authorized to display their single Medal Award in the middle of the top seam of the left breast pocket. If an employee has been awarded both the Medal of Valor and, Medal of Merit, the two medals are to be worn centered above the left breast pocket flap. The higher of the two medals will be worn on the right. Multiple awards of the same type of medal will be reflected with a special designation within the single medal. 1016.9 EMPLOYEE OF THE QUARTER
It will be the policy of the Emeryville Police Department to recognize one department member as the Employee of the Quarter.Any employee can nominate a co-worker for this award.The nominations shall be submitted in memorandum format and forwarded to the Chief's Administrative Assistant.Nominations for the Employee of the Quarter should be based on the following criteria:
(a) Above standard performance
(b) Supporting the organizations's goals, Mission, Vision and Values. (c) Promoting teamwork
(d) Promoting Community Engagement and Programs
(e) Leadership/role model performance
(f) Promoting Officer Safety and Wellness
The Awards Committee, including the previous quarters's Employee of the Quarter, will review the nominations at the quarterly meeting. The Chief of Police will convene and chair the meeting. The Chief of Police will vote only in case of a tie.
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1016.10 EMPLOYEE OF THE YEAR
The Awards Committee will meet by the end of February each year to select the Employee of the Year for the previous year. All four previous Employee of the Quarter winners and all nonselected nominees, and any Medal of Valor or Merit winners will automatically be nominated for the Employee of the Year Award. In addition, the Office of the Chief of Police will accept any other nominations during the month of January or February for any other employee for the Employee of the Year Award. A special meeting of the Awards Committee will be convened and a winner will be chosen in the same manner as provided for in Section 1030.9. The Chief of Police will vote only in the case of a tie. If any members of the Awards Committee are nominated they cannot be a participate in the selection process.
1016.11 TOP PERFORMER RECOGNITION PROGRAM
The Top Performer Recognition Program was developed in an effort to recognize the officer (s) and dispatcher (s) who consistently perform their duties and responsibilities at a very high level within the Emeryville Police Department's Field Services Section and Communications Section. One officer from each team will be chosen as their team's "Top Performer" at the conclusion of the shift rotation. One dispatcherwill be chosen as their Bureau's "Top Performer" at the conclusion of 2 shift rotations. The selections will be made by PATROL OFFICERS for the officer award, and DISPATCHERS for the dispatcher award. The chosen employees will be announced in the City of Emeryville Progress report and personally recognized by the Chief of Police. 1016.12 OFFICIAL RECORDINGS OF AWARD AND RECOGNITIONS
All awards or recognitions will be documented in the employee's personnel file and a copy will be placed on the Awards and Recognition Board.
Policy
1017
Emeryville Police Department
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Fitness for Duty
1017.1 PURPOSE AND SCOPE
All officers are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all officers of this department remain fit for duty and able to perform their job functions (Government Code § 1031).
1017.2 EMPLOYEE RESPONSIBILITIES
(a) It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of their position.
(b) Each member of this department shall perform his/her respective duties without physical, emotional, and/or mental constraints.
(c) During working hours, all employees are required to be alert, attentive, and capable of performing his/her assigned responsibilities.
(d) Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor.
1017.3 SUPERVISOR RESPONSIBILITIES
(a) A supervisor observing an employee, or receiving a report of an employee who is perceived to be, unable to safely perform his/her duties due to a physical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. (b) Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made in an effort to determine the level of inability of the employee to perform his/her duties. (c) In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. (d) In conjunction with the Watch Commander or employee’s available Division Captain, a determination should be made whether or not the employee should be temporarily relieved from his/her duties.
(e) The Chief of Police shall be promptly notified in the event that any employee is relieved from duty.
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1017.4 NON-WORK RELATED CONDITIONS
Any employee suffering from a non-work related condition which warrants a temporary relief from duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical treatment or other reasonable rest period.
1017.5 WORK RELATED CONDITIONS
Any employee suffering from a work related condition which warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims.
Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a Division Captain, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the wellbeing of the employee and until such time as the following may be completed:
(a) A preliminary determination that the employee's conduct appears to be in compliance with policy and, if appropriate.
(b) The employee has had the opportunity to receive necessary counseling and/or psychological clearance to return to full duty.
1017.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS
(a) Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/or psychological examination in cooperation with Human Resources Department to determine the level of the employee’s fitness for duty. The order shall indicate the date, time and place for the examination.
(b) The examining physician or therapist will provide the Department with a report indicating that the employee is either fit for duty or, if not, listing any functional limitations which limit the employee's ability to perform job duties. If the employee places his/her condition at issue in any subsequent or related administrative action/ grievance, the examining physician or therapist may be required to disclose any and all information which is relevant to such proceeding (Civil Code § 56.10(c)(8)). (c) In order to facilitate the examination of any employee, the Department will provide all appropriate documents and available information to assist in the evaluation and/ or treatment.
(d) All reports and evaluations submitted by the treating physician or therapist shall be part of the employee’s confidential personnel file.
(e) Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist regarding any clinical interview, tests administered or other procedures as directed.
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Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and shall be subject to discipline up to and including termination.
(f) Once an employee has been deemed fit for duty by the examining physician or therapist, the employee will be notified to resume his/her duties. 1017.7 APPEALS
An employee who is separated from paid employment or receives a reduction in salary resulting from a fitness for duty examination shall be entitled to an administrative appeal as outlined in the Personnel Complaints Policy.
1017.8 LIMITATION ON HOURS WORKED
Absent emergency operations members should not work more than:
• 16 hours in one day (24 hour) period or
• 30 hours in any 2 day (48 hour) period or
• 84 hours in any 7 day (168 hour) period
Except in very limited circumstances members should have a minimum of 8 hours off between shifts. Supervisors should give consideration to reasonable rest periods and are authorized to deny overtime or relieve to off-duty status any member who has exceeded the above guidelines.
Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover, training, general overtime and any other work assignments.
Policy
1018
Emeryville Police Department
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Meal Periods and Breaks
1018.1 PURPOSE AND SCOPE
This policy establishes Department procedures regarding meals and breaks. 1018.1.1 MEAL PERIODS
Employees shall remain on duty subject to call during meal breaks.
Uniformed patrol and traffic officers should request clearance from the Communications Center prior to taking a meal period and are subject to the approval of the Watch Commander. Uniformed officersshould taketheir breaks within the City limits unless on assignment outside of the City.
The time spent for the meal period shall not exceed forty-five (45) minutes. Unless approved by the Watch Commander no meal breaks will be permitted during the first or last hour of an employee's work day.
1018.1.2 15 MINUTE BREAKS
Each employee is entitled to a 15-minute break, near the mid-point, for each four-hour work period.
Only one 15 minute break shall be taken during every four hours of duty. No breaks shall be taken during the first or last hour of an employee's shift unless approved by a supervisor.
Employees normally assigned to the police facility should remain in the police facility for their breaks. This would not prohibit them from taking a break outside the facility after notifying their supervisor.
Field officers are subject to call and shall monitor their radios during their breaks. When field officers take their breaks away from their vehicles, they shall do so only with the knowledge and clearance of the Communications Center.
Policy
1019
Emeryville Police Department
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Lactation Break Policy
1019.1 PURPOSE AND SCOPE
The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee’s infant child (Labor Code § 1034). 1019.2 POLICY
It is the policy of this department to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing infant child (29 USC § 207; Labor Code § 1030). 1019.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207; Labor Code § 1030). In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the employee’s regularly scheduled rest or meal periods.
While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030).
Employees desiring to take a lactation break shall notify the Communications Center or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt department operations (Labor Code § 1032).
Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
1019.4 PRIVATE LOCATION
The Department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee’s work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207; Labor Code § 1031).
Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance.
Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.
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1019.5 STORAGE OF EXPRESSED MILK
Any employee storing expressed milk in any authorized refrigerated area within the Department shall clearly label it as such and shall remove it when the employee ends her shift. 1019.5.1 STATE REQUIREMENTS
Employees have the right to request lactation accommodations. If a break time or location accommodation cannot be provided, the supervisor shall provide the member with a written response regarding the reasons for the determination (Labor Code § 1034).
Lactation rooms or other locations should comply with the prescribed feature and access requirements of Labor Code § 1031.
Employees who believe that their rights have been violated under this policy or have been the subject of discrimination or retaliation for exercising or attempting to exercise their rights under this policy, are encouraged to follow the chain of command in reporting a violation, but may also file a complaint directly with the Labor Commissioner (Labor Code § 1033).
Policy
1020
Emeryville Police Department
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Payroll Records
1020.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of department members who are eligible for the payment of wages.
1020.2 POLICY
The Emeryville Police Department maintains timely and accurate payroll records. 1020.3 RESPONSIBILITIES
Members are responsible for the accurate completion and timely submission of their payroll records for the payment of wages.
Supervisors are responsible for approving the payroll records for those under their commands. 1020.4 TIME REQUIREMENTS
Members who are eligible for the payment of wages are paid on a scheduled, periodic basis, generally on the same day or date each period, with certain exceptions, such as holidays. Payroll records shall be completed and submitted to Professional Services and Standards as established by the City payroll procedures.
1020.5 RECORDS
The Professional Services and Standards Division Captain shall ensure that accurate and timely payroll records are maintained as required by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).
Policy
1021
Emeryville Police Department
Emeryville PD Policy Manual
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Overtime Compensation Requests
1021.1 PURPOSE AND SCOPE
It is the policy of the Department to compensate non-exempt salaried employees who work authorized overtime either by payment of wages as agreed and in effect through the Memorandum of Understanding (MOU), or by the allowance of accrual of compensatory time off. In order to qualify for either, the employee must complete and submit a Request for Overtime Payment as soon as practical after overtime is worked.
1021.1.1 DEPARTMENT POLICY
Because of the nature of police work, and the specific needs of the Department, a degree of flexibility concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Department. All requests to work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime shift and in no case later than the end of shift in which the overtime is worked.
Short periods of work at the end of the normal duty day (e.g., less than one hour in duration) may be handled unofficially between the supervisor and the employee by flexing a subsequent shift schedule to compensate for the time worked rather than by submitting requests for overtime payments. If the supervisor authorizes or directs the employee to complete a form for such a period, the employee shall comply.
The individual employee may request compensatory time in lieu of receiving overtime payment, however, the employee may not exceed 480 hours of compensatory time. 1021.2 REQUEST FOR OVERTIME COMPENSATION
Employees shall submit all overtime compensation requests to their immediate supervisors as soon as practicable for verification and forwarding to the Professional Services and Standards Division.
Employees shall submit a request for overtime compensation in a timely manner. 1021.2.1 EMPLOYEES RESPONSIBILITY
Employees shall complete the requests immediately after working the overtime and turn them in to their immediate supervisor or the Watch Commander. Employees submitting overtime requests for on-call pay when off duty shall submit cards to the Watch Commander the first day after returning for work.
1021.2.2 SUPERVISORS RESPONSIBILITY
The supervisor who verifies the overtime earned shall verify that the overtime was worked before approving the request.
After the entry has been made on the employee's time card, the overtime payment request form is forwarded to the employee's Division Captain for final approval.
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1021.2.3 BUREAU COMMANDER RESPONSIBILITY
Division Captains, after approving payment, will then forward the form to the Chief of Police for review.
1021.3 ACCOUNTING FOR OVERTIME WORKED
Employees are to record the actual time worked in an overtime status. In some cases, the Memorandum of Understanding provides that a minimum number of hours will be paid, (e.g., four hours for Court, four hours for outside overtime). The supervisor will verify the actual time worked. 1021.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR
When accounting for less than a full hour, time worked shall earned/ compensated in increments of six (6) minutes.
1 to 6 mins. =.1 31 to 36 mins. =.6
7 to 12 mins. =.2 37 to 42 mins. =.7
13 to 18 mins. =.3 43 to 38 mins. =.8
19 to 24 mins. =.4 49 to 54 mins. =.9
25 to 30 mins. =.5 54 to 60 mins. = 1 hour
1021.3.2 VARIATION IN TIME REPORTED
Where two or more employees are assigned to the same activity, case, or court trial and the amount of time for which payment is requested varies from that reported by the other officer, the Watch Commander or other approving supervisor may require each employee to include the reason for the variation on the back of the overtime payment request.
Policy
1022
Emeryville Police Department
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Outside Employment
1022.1 PURPOSE AND SCOPE
In order to avoid actual or perceived conflicts of interest for departmental employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with the current Memorandums of Understanding and the provisions of this policy.
1022.1.1 DEFINITIONS
Outside Employment - Any member of this department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this department for services, product(s) or benefits rendered.
Outside Overtime - Any member of this department who performs duties or services on behalf of an outside organization, company, or individual within this jurisdiction. Such outside overtime shall be requested and scheduled directly through this department so that the Department may be reimbursed for the cost of wages and benefits.
1022.2 OBTAINING APPROVAL
No member of this department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action.
In order to obtain approval for outside employment, the employee must complete an Outside Employment Application which shall be submitted to the employee’s immediate supervisor. The application will then be forwarded through channels to the Chief of Police for consideration.
If approved, the employee will be provided with a copy of the approved permit. Unless otherwise indicated in writing on the approved permit, a permit will be valid through the end of the calendar year in which the permit is approved. Any employee seeking to renew a permit shall submit a new Outside Employment Application in a timely manner.
Any employee seeking approval of outside employment, whose request has been denied, shall be provided with a written reason for the denial of the application at the time of the denial (Penal Code § 70(e)(3)).
1022.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT
If an employee’s Outside Employment Application is denied or withdrawn by the Department, the employee may file a written notice of appeal to the Chief of Police within ten days of the date of denial.
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If the employee’s appeal is denied, the employee may file a grievance pursuant to the procedure set forth in the current Memorandum of Understanding (MOU). 1022.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS Any outside employment permit may be revoked or suspended under the following circumstances:
(a) Should an employee's performance at this department decline to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of competency, the Chief of Police may, at his or her discretion, revoke any previously approved outside employment permit(s). That revocation will stand until the employee's performance has been reestablished at a satisfactory level and his/her supervisor recommends reinstatement of the outside employment permit (b) Suspension or revocation of a previously approved outside employment permit may be included as a term or condition of sustained discipline (c) If, at any time during the term of a valid outside employment permit, an employee’s conduct or outside employment conflicts with the provisions of department policy, the permit may be suspended or revoked
(d) When an employee is unable to perform at a full duty capacity due to an injury or other condition, any previously approved outside employment permit may be subject to similar restrictions as those applicable to the employee's full time duties until the employee has returned to a full duty status
1022.3 PROHIBITED OUTSIDE EMPLOYMENT
Consistent with the provisions of Government Code § 1126, the Department expressly reserves the right to deny any Outside Employment Application submitted by an employee seeking to engage in any activity which:
(a) Involves the employee’s use of departmental time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage
(b) Involves the employee’s receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee’s duties as a member of this department
(c) Involves the performance of an act in other than the employee’s capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department (d) Involves time demands that would render performance of the employee’s duties for this department less efficient
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1022.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT
Consistent with the provisions of Penal Code § 70, and because it would further create a potential conflict of interest, no member of this department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position.
Any private organization, entity or individual seeking special services for security or traffic control from members of this department must submit a written request to the Chief of Police in advance of the desired service. Such outside extra duty overtime assignments will be assigned, monitored and paid through the Department.
(a) The applicant will be required to enter into an indemnification agreement prior to approval.
(b) The applicant will further be required to provide for the compensation and full benefits of all employees requested for such outside security services. (c) Should such a request be approved, any employee working outside overtime shall be subject to the following conditions:
1. The officer(s) shall wear the departmental uniform/identification.
2. The officer(s) shall be subject to the rules and regulations of this department.
3. No officer may engage in such outside employment during or at the site of a strike, lockout, picket, or other physical demonstration of a labor dispute.
4. Compensation for such approved outside security services shall be pursuant to normal overtime procedures.
5. Outside security services shall not be subject to the collective bargaining process.
6. No officer may engage in outside employment as a peace officer for any other public agency without prior written authorization of the Chief of Police. 1022.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE Any employee making an arrest or taking other official police action while working in an approved outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to department policy. Time spent on the completion of such reports shall be considered incidental to the outside overtime assignment.
1022.4 DEPARTMENT RESOURCES
Employees are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of this department or other agencies through the use of the employee’s position with this department.
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1022.4.1 REVIEW OF FINANCIAL RECORDS
Employees approved for outside employment expressly agree that their personal financial records may be requested and reviewed/audited for potential conflict of interest (Government Code § 3308; Government Code § 1126). Prior to providing written approval for an outside employment position, the Department may request that an employee provide his/her personal financial records for review/audit in order to determine whether a conflict of interest exists. Failure of the employee to provide the requested personal financial records could result in denial of the off-duty work permit. If, after approving a request for an outside employment position, the Department becomes concerned that a conflict of interest exists based on a financial reason, the Department may request that the employee provide his/her personal financial records for review/audit. If the employee elects not to provide the requested records, his/her off-duty work permit may be revoked pursuant to the Revocation/Suspension of Outside Employment Permits section of this policy. 1022.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS
If an employee terminates his or her outside employment during the period of a valid permit, the employee shall promptly submit written notification of such termination to the Chief of Police through channels. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy.
Employees shall also promptly submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties, or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change. 1022.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY
Department members engaged in outside employment who are placed on disability leave or modified/light-duty shall inform their immediate supervisor in writing within five days whether or not they intend to continue to engage in such outside employment while on such leave or lightduty status. The immediate supervisor shall review the duties of the outside employment along with any related doctor’s orders, and make a recommendation to the Chief of Police whether such outside employment should continue.
In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding their work permit, a notice of revocation of the member's permit will be forwarded to the involved employee, and a copy attached to the original work permit.
Criteria for revoking the outside employment permit include, but are not limited to, the following:
(a) The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's professional medical advisors. (b) The outside employment performed requires the same or similar physical ability, as would be required of an on-duty member.
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(c) The employee’s failure to make timely notice of their intentions to their supervisor.
When the disabled member returns to full duty with the Emeryville Police Department, a request (in writing) may be made to the Chief of Police to restore the permit.
Policy
1023
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Occupational Disease and Work-Related Injury
Reporting
1023.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding the timely reporting of occupational diseases, mental health issues, and work-related injuries. 1023.1.1 DEFINITIONS
Definitions related to this policy include:
Occupational disease or work-related injury - An injury, disease, or mental health issue arising out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.). 1023.2 POLICY
The Emeryville Police Department will address occupational diseases and work-related injuries appropriately, and will comply with applicable state workers’ compensation requirements (Labor Code § 3200 et seq.).
1023.2.1 ACCIDENT DEFINED
Accident - is defined as any occurrence from which bodily injury or property damage may result, regardless of whether any injury or damage actually does occur (e.g., exposure where no immediate injury is apparent).
1023.3 RESPONSIBILITIES
1023.3.1 MEMBER RESPONSIBILITIES
Any member sustaining any occupational disease or work-related injury shall report such event as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when appropriate (8 CCR 14300.35).
1023.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any occupational disease or work-related injury should ensure the member receives medical care as appropriate.
Supervisors shall ensure that required documents regarding workers’ compensation are completed and forwarded promptly. Any related Citywide disease- or injury-reporting protocol shall also be followed.
Supervisors shall determine whether the Major Incident Notification and Illness and Injury Prevention policies apply and take additional action as required. 1023.3.3 DIVISION CAPTAIN RESPONSIBILITIES
The Division Captain who receives a report of an occupational disease or work-related injury should review the report for accuracy and determine what additional action should be taken.
The report shall then be forwarded to the Chief of Police, the City’s risk management entity, Emeryville Police Department
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and the Professional Services and Standards Division Captain to ensure any required Division of Occupational Health and Safety Administration (Cal/OSHA) reporting is made as required in the illness and injury prevention plan identified in the Illness and Injury Prevention Policy. 1023.3.4 CHIEF OF POLICE RESPONSIBILITIES
The Chief of Police shall review and forward copies of the report to the Human Resources Department. Copies of the report and related documents retained by the Department shall be filed in the member’s confidential medical file.
1023.4 OTHER DISEASE OR INJURY
Diseases and injuries caused or occurring on-duty that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Division Captain through the chain of command and a copy sent to the Professional Services and Standards Division Captain.
Unless the injury is extremely minor, this report shall be signed by the affected member, indicating that he/she desired no medical attention at the time of the report. By signing, the member does not preclude his/her ability to later seek medical attention. 1023.5 SETTLEMENT OFFERS
When a member sustains an occupational disease or work-related injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a written report of this contact to his/her supervisor as soon as possible. 1023.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL
No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an occupational disease or work-related injury, the member shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the member accept a settlement without first providing written notice to the Chief of Police. The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the disease or injury, and to protect the City's right of subrogation, while ensuring that the member's right to receive compensation is not affected.
Policy
1024
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Personal Appearance Standards
1024.1 PURPOSE AND SCOPE
In order to project uniformity and neutrality toward the public and other members of the department, employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this department and for their assignment. 1024.2 GROOMING STANDARDS
Unless otherwise stated and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception.
1024.2.1 HAIR
Hairstyles of all members shall be neat in appearance. For male sworn members, hair must not extend below the top edge of the uniform collar while assuming a normal stance.
For female sworn members, hair must be no longer than the horizontal level of the bottom of the uniform patch when the employee is standing erect, worn up or in a tightly wrapped braid or ponytail.
1024.2.2 MUSTACHES
A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip. 1024.2.3 SIDEBURNS
Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat.
1024.2.4 FACIAL HAIR
Neatly trimmed beards may be worn when authorized.
1024.2.5 FINGERNAILS
Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others.
For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip of the finger. Fingernail polish may be worn in neutral colors for police officers. Professional staff may wear nail polish that is not extravagant in design or color and does not interfere with their duties. 1024.2.6 JEWELRY
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches, and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety concern for the department member or others. Jewelry that depicts racial, sexual, discriminatory, gang-related, or obscene language is not allowed.
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(a) Necklaces shall not be visible above the shirt collar. (b) Earrings shall be small and worn only in or on the earlobe. (c) One ring or ring set may be worn on each hand of the department member. No rings should be of the type that would cut or pose an unreasonable safety risk to the member or others during a physical altercation, if the member is assigned to a position where that may occur.
(d) One small bracelet, including a bracelet identifying a medical condition, may be worn on one arm.
(e) Wristwatches shall be conservative and present a professional image. (f) Tie tacks or tie bars worn with civilian attire shall be conservative and present a professional image.
1024.2.7 MAKEUP
Makeup shall be in good taste.Personnel shall not use makeup which lends itself to an excessively gaudy appearance or use excessively odorous fragrances. 1024.3 TATTOOS
While on-duty or representing the Department in any official capacity, members should make every reasonable effort to conceal tattoos or other body art. At no time while the member is on-duty or representing the Department in any official capacity shall any offensive tattoo or body art be visible. Examples of offensive tattoos include but are not limited to those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist group affiliation; and those that depict or promote drug use, sexually explicit acts, or other obscene material. 1024.4 BODY PIERCING OR ALTERATION
Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a deviation from normal anatomical features and which is not medically required is prohibited.
Such body alteration includes, but is not limited to:
(a) Tongue splitting or piercing.
(b) The complete or transdermal implantation of any material other than hair replacement. (c) Abnormal shaping of the ears, eyes, nose or teeth
(d) Branding or scarification.
1024.5 EXEMPTIONS
Members who seek cultural (e.g., culturally protected hairstyles) or other exemptions to this policy that are protected by law should generally be accommodated (Government Code § 12926). A member with an exemption may be ineligible for an assignment if the individual accommodation presents a security or safety risk. The Chief of Police should be advised any time a request for such an accommodation is denied or when a member with a cultural or other exemption is denied an assignment based on a safety or security risk.
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Policy
1025
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Uniform Regulations
1025.1 PURPOSE AND SCOPE
The uniform policy of the Emeryville Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies:
Department Owned and Personal Property
Body Armor
Personal Appearance Standards
The Uniform and Equipment Specifications manual is maintained and periodically updated by the Chief of Police or his/her designee. That manual should be consulted regarding authorized equipment and uniform specifications.
The Emeryville Police Department will provide uniforms for all employees required to wear them in the manner, quantity and frequency agreed upon in the respective employee group’s collective bargaining agreement.
1025.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT
Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis, or other time of need.
(a) Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed.
(b) All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c) Personnel shall wear only the uniform specified for their rank and assignment (Penal Code § 13655).
(d) The uniform is to be worn in compliance with the specifications set forth in the department’s uniform specifications that are maintained separately from this policy. (e) All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations.
(f) Civilian attire shall not be worn in combination with any distinguishable part of the uniform.
(g) Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official department functions or events.
(h) If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off-duty.
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(i) Employees are not to purchase or drink alcoholic beverages while wearing any part of the department uniform, including the uniform pants. (j) Mirrored sunglasses will not be worn with any Department uniform. (k) Visible jewelry, other than those items listed below, shall not be worn with the uniform unless specifically authorized by the Chief of Police or the authorized designee.
1. Wrist watch
2. Wedding ring, class ring, or other ring of tasteful design. A maximum of one ring/ set may be worn on each hand
3. Medical alert bracelet
1025.2.1 DEPARTMENT ISSUED IDENTIFICATION
The Department issues each employee an official department identification card bearing the employee’s name, identifying information and photo likeness. All employees shall be in possession of their department issued identification card at all times while on duty or when carrying a concealed weapon.
(a) Whenever on duty or acting in an official capacity representing the department, employees shall display their department issued identification in a courteous manner to any person upon request and as soon as practical.
(b) Officers working specialized assignments may be excused from the possession and display requirements when directed by their Division Captain. 1025.3 UNIFORM CLASSES
1025.3.1 CLASS A UNIFORM
The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies, or as directed. The Class A uniform is required for all personnel. The Class A uniform includes the standard issue uniform with:
(a) Long sleeve shirt with tie
(b) Uniform Dress Jacket
(c) Polished shoes
See the The Uniform and Equipment Specifications for Class A duty belt specifications. 1025.3.2 CLASS B UNIFORM
All officers will possess and maintain a serviceable Class B uniform at all times.
The Class B uniform will consist of the same garments and equipment as the Class A uniform with the following exceptions:
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(a) The long or short sleeve shirt may be worn with the collar open. No tie is required (b) A navy blue or black crew neck t-shirt must be worn with the uniform (c) All shirt buttons must remain buttoned except for the last button at the neck (d) Shoes for the Class B uniform may be as described in the Class A uniform (e) Approved all black unpolished shoes may be worn
(f) Boots with pointed toes are not permitted
(g) Duty belt if required by assignment
1025.3.3 CLASS C UTILITY UNIFORM
The Class C utility uniform may be established for field personnel. The Chief of Police will establish the regulations and conditions for wearing the Class C Uniform and the specifications for the Class C Uniform. Please see The Uniform and Equipment Specifications for further 1025.3.4 SPECIALIZED UNIT UNIFORMS
The Chief of Police may authorize special uniforms to be worn by officers in specialized units such as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments.
Sworn staff wearing plain clothes work attire should have their firearm concealed while in public. 1025.3.5 FOUL WEATHER GEAR
The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear. 1025.4 INSIGNIA AND PATCHES
(a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the shoulder seam of the shirt and be bisected by the crease in the sleeve. Velcro patches may be used for jackets, external vest carriers, or other approved uniform attire.
(b) Service stripes, stars, etc. - Service stripes and other indicators for length of service may be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shall be sewn the width of one and onehalf inches above the cuff seam with the rear of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on the left sleeve only. (c) The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's last name.
If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn and placed above the right pocket located in the middle, bisected by the pressed shirt seam, with equal distance from both sides of the nameplate to the outer edge of the pocket. (d) When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform.
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(e) Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as designated by the Chief of Police.
(f) Flag Pin - A flag pin may be worn, centered above the nameplate. (g) Badge - The department issued badge, or an authorized sewn on cloth replica, must be worn and visible at all times while in uniform.
(h) Rank Insignia - The designated insignia indicating the employee’s rank must be worn at all times while in uniform. The Chief of Police may authorize exceptions. 1025.4.1 MOURNING BADGE
Uniformed employees shall wear a black mourning band across the uniform badge in the "8:00 to 2:00" orientation whenever a law enforcement officer is killed in the line of duty. The following mourning periods will be observed:
(a) An officer of this department - From the time of death until midnight on the 14th day after the death.
(b) An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral.
(c) Funeral attendee - While attending the funeral of an out of region fallen officer. (d) National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours. (e) As directed by the Chief of Police.
1025.5 CIVILIAN ATTIRE
There are assignments within the Department that do not require the wearing of a uniform because recognition and authority are not essential to their function. There are also assignments in which the wearing of civilian attire is necessary.
(a) All employees shall wear clothing that fits properly, is clean and free of stains, and not damaged or excessively worn.
(b) All male administrative, investigative and support personnel who elect to wear civilian clothing to work should wear button style or polo shirts with a collar, slacks / professional style pants or suits that are moderate in style. (c) All female administrative, investigative, and support personnel who elect to wear civilian clothes to work should wear, slacks, shirts, polo shirts, or suits which are moderate in style.
(d) The following items shall not be worn on duty:
1. T-shirt alone
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2. Open toed sandals or thongs
3. Swimsuit, tube tops, or halter-tops
4. Spandex type pants or see-through clothing
5. Distasteful printed slogans, buttons or pins
(e) Variations from this order are allowed at the discretion of the Chief of Police or designee when the employee's assignment or current task is not conducive to the wearing of such clothing.
(f) No item of civilian attire may be worn on duty that would adversely affect the reputation of the Emeryville Police Department or the morale of the employees. 1025.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, Emeryville Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the Emeryville Police Department to do any of the following (Government Code §§ 3206 and 3302):
(a) Endorse, support, oppose, or contradict any political campaign or initiative. (b) Endorse, support, oppose, or contradict any social issue, cause, or religion. (c) Endorse, support, or oppose, any product, service, company or other commercial entity.
(d) Appear in any commercial, social, or non-profit publication, or any motion picture, film, video, public broadcast, or any website.
1025.7 OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT (a) Any of the items listed in the Uniform and Equipment Specifications as optional shall be purchased totally at the expense of the employee. No part of the purchase cost shall be offset by the Department for the cost of providing the Department issued item. (b) Maintenance of optional items shall be the financial responsibility of the purchasing employee. For example, repairs due to normal wear and tear. (c) Replacement of items listed in this order as optional shall be done as follows:
1. When the item is no longer functional because of normal wear and tear, the employee bears the full cost of replacement.
2. When the item is no longer functional because of damage in the course of the employee's duties, it shall be replaced following the procedures for the replacement of damaged personal property (see the Department Owned and Personal Property Policy).
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1025.7.1 RETIREE BADGES
The Chief of Police may issue identification in the form of a badge, insignia, emblem, device, label, certificate, card or writing that clearly states the person has honorably retired from the Emeryville Police Department. This identification is separate and distinct from the identification authorized by Penal Code § 25455 and referenced in the Retired Officer CCW Endorsement Policy in this manual.
A badge issued to an honorably retired peace officer that is not affixed to a plaque or other memento will have the words “Honorably Retired” clearly visible on its face. A retiree shall be instructed that any such badge will remain the property of the Emeryville Police Department and will be revoked in the event of misuse or abuse (Penal Code § 538d). 1025.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Emeryville Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee.
Emeryville Police Department employees may not use or carry any safety item, tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee.
Policy
1026
Emeryville Police Department
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Temporary Modified-Duty Assignments
1026.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules, current memorandums of understanding or collective bargaining agreements. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1026.2 POLICY
Subject to operational considerations, the Emeryville Police Department may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1026.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (Government Code § 12940 et seq.) shall be treated equally, without regard to any preference for a work-related injury.
No position in the Emeryville Police Department shall be created or maintained as a temporary modified-duty assignment.
Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-bycase basis, consistent with the operational needs of the Department. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee’s ability to perform in a modified-duty assignment.
The Chief of Police or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle, engaging in outside employment, or being otherwise limited in employing their peace officer powers.
Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours in any one-year period.
1026.4 PROCEDURE
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
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Employees seeking a temporary modified-duty assignment should submit a written request to their Division Captains or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing:
(a) An assessment of the nature and probable duration of the illness or injury. (b) The prognosis for recovery.
(c) The nature and scope of limitations and/or work restrictions. (d) A statement regarding any required workplace accommodations, mobility aids or medical devices.
(e) A statement that the employee can safely perform the duties of the temporary modified-duty assignment.
The Division Captain will make a recommendation through the chain of command to the Chief of Police regarding temporary modified-duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Human Resources Department or the City Attorney as appropriate.
Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the Watch Commander or Division Captain, with notice to the Chief of Police. 1026.5 ACCOUNTABILITY
Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee’s medical appointments, as mutually agreed upon with the Division Captain. 1026.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to:
(a) Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c) Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty.
(d) Submitting a written status report to the Division Captain that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 60 days.
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1026.5.2 SUPERVISOR RESPONSIBILITIES
The employee’s immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty.
The responsibilities of supervisors shall include, but not be limited to:
(a) Periodically apprising the Division Captain of the status and performance of employees assigned to temporary modified duty.
(b) Notifying the Division Captain and ensuring that the required documentation facilitating a return to full duty is received from the employee.
(c) Ensuring that employees returning to full duty have completed any required training and certification.
1026.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations.
The Department may require a fitness-for-duty examination prior to returning an employee to fullduty status, in accordance with the Fitness for Duty Policy. 1026.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. Nothing in this policy limits a pregnant employee’s right to a temporary modified-duty assignment if required under Government Code § 12945. 1026.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City’s personnel rules and regulations regarding family and medical care leave.
1026.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified-duty assignment may have their probation extended by a period of time equal to their assignment to temporary modified duty. 1026.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. Employees Emeryville Police Department
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who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications.
Policy
1027
Emeryville Police Department
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Networking - 703
Employee Speech, Expression and Social
Networking
1027.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the needs of the Department.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern, such as misconduct or corruption.
Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1027.1.1 APPLICABILITY
This policy applies to all forms of communication including but not limited to film, video, print media, public or private speech, use of all internet services, including the World Wide Web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites. 1027.2 POLICY
Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Emeryville Police Department will carefully balance the individual employee’s rights against the Department’s needs and interests when exercising a reasonable degree of control over its employees’ speech and expression.
1027.3 SAFETY
Employees should consider carefully the implications of their speech or any other form of expression when using the internet. Speech and expression that may negatively affect the safety of the Emeryville Police Department employees, such as posting personal information in a public forum, can result in compromising an employee’s home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any employee, an employee's family, or associates.
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Examples of the type of information that could reasonably be expected to compromise safety include:
• Disclosing a photograph and name or address of an officer who is working undercover. • Disclosing the address of a fellow officer.
• Otherwise disclosing where another officer can be located off-duty. 1027.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
To meet the department’s safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern):
(a) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Emeryville Police Department or its employees.
(b) Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Emeryville Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the Emeryville Police Department or its employees. Examples may include:
1. Statements that indicate disregard for the law or the state or U.S. Constitution.
2. Expression that demonstrates support for criminal activity.
3. Participating in sexually explicit photographs or videos for compensation or distribution.
(c) Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior.
(d) Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape.
(e) Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Emeryville Police Department.
(f) Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department Emeryville Police Department
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for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. (g) Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Emeryville Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. (h) Accessing websites for non-authorized purposes, or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty, except in the following circumstances:
1. When brief personal communication may be warranted by the circumstances (e.g., inform family of extended hours).
2. During authorized breaks such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment.
Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website).
1027.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Emeryville Police Department or identify themselves in any way that could be reasonably perceived as representing the Emeryville Police Department in order to do any of the following, unless specifically authorized by the Chief of Police (Government Code § 3206; Government Code § 3302):
(a) Endorse, support, oppose or contradict any political campaign or initiative. (b) Endorse, support, oppose or contradict any social issue, cause or religion. (c) Endorse, support or oppose any product, service, company or other commercial entity. (d) Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website.
Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization (e.g., bargaining group or officer associations), is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Emeryville Police Department.
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Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while offduty.
However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502).
1027.5 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to e-mails, texts, or anything published or maintained through file-sharing software or any internet site (e.g., Facebook) that is accessed, transmitted, received, or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance).
The Department shall not require an employee to disclose a personal user name or password for accessing personal social media or to open a personal social website; however, the Department may request access when it is reasonably believed to be relevant to the investigation of allegations of work-related misconduct (Labor Code § 980).
1027.6 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or authorized designee should consider include:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering public services.
(b) Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members.
(c) Whether the speech or conduct would reflect unfavorably upon the Department. (d) Whether the speech or conduct would negatively affect the member’s appearance of impartiality in the performance of his/her duties.
(e) Whether similar speech or conduct has been previously authorized. (f) Whether the speech or conduct may be protected and outweighs any interest of the Department.
1027.7 TRAINING
Subject to available resources, the Department should provide training regarding employee speech and the use of social networking to all members of the Department.
Policy
1028
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Nepotism and Conflicting Relationships
1028.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by or between members of this department. These employment practices include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to training opportunities, supervision, performance appraisal, discipline and workplace safety and security. 1028.1.1 DEFINITIONS
Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture or other transaction, where the Department employee’s annual interest, compensation, investment or obligation is greater than $250.
Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee’s action, inaction or decisions are or may be influenced by the employee’s personal or business relationship.
Nepotism - The practice of showing favoritism to relatives over others in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions.
Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship.
Public official - A supervisor, officer or employee vested with authority by law, rule or regulation or to whom authority has been delegated.
Relative - An employee’s parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent.
Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor.
Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. 1028.2 RESTRICTED DUTIES AND ASSIGNMENTS
The Department will not prohibit all personal or business relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply (Government Code § 12940):
(a) Employees are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship.
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1. If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/ subordinate situations. The Department, however, reserves the right to transfer or reassign any employee to another position within the same classification in order to avoid conflicts with any provision of this policy. (b) Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship.
(c) Whenever possible, FTOs and other trainers will not be assigned to train relatives.
FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. (d) To avoid actual or perceived conflicts of interest, members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of or as a direct result of any official contact.
(e) Except as required in the performance of official duties or, in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender or who engages in serious violations of state or federal laws. 1028.2.1 EMPLOYEE RESPONSIBILITY
Prior to entering into any personal or business relationship or other circumstance which the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor.
Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify dispatch to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action.
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1028.2.2 SUPERVISOR'S RESPONSIBILITY
Upon being notified of, or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command.
Policy
1029
Emeryville Police Department
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Department Badges
1029.1 PURPOSE AND SCOPE
The Emeryville Police Department badge and uniform patch as well as the likeness of these items and the name of the Emeryville Police Department are property of the Department and their use shall be restricted as set forth in this policy.
1029.2 POLICY
The uniform badge shall be issued to department members as a symbol of authority and the use and display of departmental badges shall be in strict compliance with this policy. Only authorized badges issued by this department shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. 1029.2.1 FLAT BADGE
Sworn officers, with the written approval of the Chief of Police may purchase, at his/her own expense, a flat badge capable of being carried in a wallet. The use of the flat badge is subject to all the same provisions of departmental policy as the uniform badge. (a) An officer may sell, exchange, or transfer the flat badge he/she purchased to another officer within the Emeryville Police Department with the written approval of the Chief of Police.
(b) Should the flat badge become lost, damaged, or otherwise removed from the officer’s control, he/she shall make the proper notifications as outlined in the Department Owned and Personal Property Policy.
(c) An honorably retired officer may keep his/her flat badge upon retirement. (d) The purchase, carrying or display of a flat badge is not authorized for non-sworn personnel.
1029.2.2 CIVILIAN PERSONNEL
Badges and departmental identification cards issued to non-sworn personnel shall be clearly marked to reflect the position of the assigned employee (e.g. Parking Control, Dispatcher). (a) Non-sworn personnel shall not display any department badge except as a part of his/her uniform and while on duty, or otherwise acting in an official and authorized capacity.
(b) Non-sworn personnel shall not display any department badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer.
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1029.2.3 RETIREE UNIFORM BADGE
Upon honorable retirement employees may purchase his/her assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia as other uses of the badge may be unlawful or in violation of this policy. 1029.3 UNAUTHORIZED USE
Except as required for on-duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer.
Department badges are issued to all sworn employees and civilian uniformed employees for official use only. The department badge, shoulder patch or the likeness thereof, or the department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda, and electronic communications such as electronic mail or web sites and web pages.
The use of the badge, uniform patch and department name for all material (printed matter, products or other items) developed for department use shall be subject to approval by the Chief of Police.
Employees shall not loan his/her department badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. 1029.4 PERMITTED USE BY EMPLOYEE GROUPS
The likeness of the department badge shall not be used without the expressed authorization of the Chief of Police and shall be subject to the following:
(a) The employee associations may use the likeness of the department badge for merchandise and official association business provided they are used in a clear representation of the association and not the Emeryville Police Department. The following modifications shall be included:
1. The text on the upper and lower ribbons is replaced with the name of the employee association.
2. The badge number portion displays the acronym of the employee association. (b) The likeness of the department badge for endorsement of political candidates shall not be used without the expressed approval of the Chief of Police. 1029.4.1 PURCHASE OF BADGE OR IDENTIFICATION CARD
No officer of any rank shall purchase a badge or identification card of an exact or similar design to that of a Emeryville Police Department badge/I.D. card, except upon the authorization of the Chief of Police.
Policy
1030
Emeryville Police Department
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Illness and Injury Prevention
1030.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Emeryville Police Department, in accordance with the requirements of 8 CCR 3203.
This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual.
This policy does not supersede, but supplements any related Citywide safety efforts. 1030.2 POLICY
The Emeryville Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The Department will establish and maintain an Illness and Injury Prevention program and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the Department to comply with all laws and regulations related to occupational safety. 1030.3 ILLNESS AND INJURY PREVENTION PLAN
The Professional Services and Standards Division Captain is responsible for developing an illness and injury prevention plan that shall include:
(a) Workplace safety and health training programs.
(b) Regularly scheduled safety meetings.
(c) Posted or distributed safety information.
(d) A system for members to anonymously inform management about workplace hazards. (e) Establishment of a safety and health committee that will:
1. Meet regularly.
2. Prepare a written record of safety and health committee meetings.
3. Review the results of periodic scheduled inspections.
4. Review investigations of accidents and exposures.
5. Make suggestions to command staff for the prevention of future incidents.
6. Review investigations of alleged hazardous conditions.
7. Submit recommendations to assist in the evaluation of member safety suggestions.
8. Assess the effectiveness of efforts made by the Department to meet relevant standards.
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(f) Establishment of a process to ensure serious illnesses or injuries and death are reported as required by the Division of Occupational Safety and Health Administration (Cal/OSHA) (8 CCR 342).
1030.4 PROFESSIONAL SERVICES AND STANDARDS DIVISION CAPTAIN
RESPONSIBILITIES
The responsibilities of the Professional Services and Standards Division Captain include but are not limited to:
(a) Managing and implementing a plan to reduce the incidence of member illness and injury.
(b) Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include:
1. New member orientation that includes a discussion of safety and health policies and procedures.
2. Regular member review of the illness and injury prevention plan.
3. Access to the illness and injury prevention plan to members or their representatives as set forth in 8 CCR 3203.
(c) Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members.
(d) Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes but is not limited to:
1. Informing members of the illness and injury prevention guidelines.
2. Recognizing members who perform safe work practices.
3. Ensuring that the member evaluation process includes member safety performance.
4. Ensuring department compliance to meet standards regarding the following:
(a) Respiratory protection (8 CCR 5144)
(b) Bloodborne pathogens (8 CCR 5193)
(c) Aerosol transmissible diseases (8 CCR 5199)
(d) Heat illness (8 CCR 3395)
(e) Emergency Action Plan (8 CCR 3220)
(f) Fire Prevention Plan (8 CCR 3221)
(g) Hazards associated with wildfire smoke (8 CCR 5141.1) (e) Making available the Identified Hazards and Correction Record form to document inspections, unsafe conditions or work practices, and actions taken to correct unsafe conditions and work practices.
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(f) Making available the Investigation/Corrective Action Report to document individual incidents or accidents.
(g) Making available a form to document the safety and health training of each member.
This form will include the member’s name or other identifier, training dates, type of training, and training providers.
(h) Conducting and documenting a regular review of the illness and injury prevention plan. 1030.5 SUPERVISOR RESPONSIBILITIES
Supervisor responsibilities include, but are not limited to:
(a) Ensuring member compliance with illness and injury prevention guidelines and answering questions from members about this policy.
(b) Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c) Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d) Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the Professional Services and Standards Division Captain.
(e) Notifying the Professional Services and Standards Division Captain when:
1. New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment.
2. New, previously unidentified hazards are recognized.
3. Occupational illnesses and injuries occur.
4. New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted.
5. Workplace conditions warrant an inspection.
1030.6 HAZARDS
All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors).
Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition.
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Members who are necessary to correct the hazardous condition shall be provided with the necessary protection.
All significant actions taken and dates they are completed shall be documented on an Identified Hazards and Correction Record form. This form should be forwarded to the Professional Services and Standards Captain via the chain of command.
The Professional Services and Standards Captain will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 1030.7 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment.
The Professional Services and Standards Captain shall ensure that the appropriate documentation is completed for each inspection.
1030.7.1 EQUIPMENT
Members are charged with daily vehicle inspections of their assigned vehicles and of their personal protective equipment (PPE) prior to working in the field. Members shall complete the Identified Hazards and Correction Record form if an unsafe condition cannot be immediately corrected.
Members should forward this form to their supervisors.
1030.8 INVESTIGATIONS
Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors.
A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include:
(a) A visit to the accident scene as soon as possible.
(b) An interview of the injured member and witnesses.
(c) An examination of the workplace for factors associated with the accident/exposure. (d) Determination of the cause of the accident/exposure. (e) Corrective action to prevent the accident/exposure from reoccurring. (f) Documentation of the findings and corrective actions taken. (g) Completion of an Investigation/Corrective Action Report form. (h) Completion of an Identified Hazards and Correction Record form.
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Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required under the Occupational Disease and Work-Related Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. 1030.9 TRAINING
The Professional Services and Standards Division Captain should work with the Professional Services Officer to provide all members, including supervisors, with training on general and jobspecific workplace safety and health practices. Training shall be provided:
(a) To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b) To all members with respect to hazards specific to each member’s job assignment. (c) To all members given new job assignments for which training has not previously been provided.
(d) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard.
(e) Whenever the Department is made aware of a new or previously unrecognized hazard. 1030.9.1 TRAINING TOPICS
The Professional Services Officer shall ensure that training includes:
(a) Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed.
(b) Use of appropriate clothing, including gloves and footwear. (c) Use of respiratory equipment.
(d) Availability of toilet, hand-washing and drinking-water facilities. (e) Provisions for medical services and first aid.
(f) Handling of bloodborne pathogens and other biological hazards. (g) Prevention of heat and cold stress.
(h) Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non-ionizing radiation.
(j) Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods.
(k) Back exercises/stretches and proper lifting techniques. (l) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
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(n) Other job-specific safety concerns.
1030.10 RECORDS
Records and training documentation relating to illness and injury prevention will be maintained in accordance with the established records retention schedule.
Policy
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Line-of-Duty Deaths
1031.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of the Emeryville Police Department in the event of the death of a member occurring in the line of duty and to direct the Department in providing proper support for the member’s survivors.
The Chief of Police may also apply some or all of this policy in situations where members are injured in the line of duty and the injuries are life-threatening. 1031.1.1 DEFINITIONS
Definitions related to this policy include:
Line-of-duty death - The death of a sworn member during the course of performing law enforcement-related functions while on- or off-duty, or a civilian member during the course of performing their assigned duties.
Survivors - Immediate family members of the deceased member, which can include spouse, children, parents, other next of kin or significant others. The determination of who should be considered a survivor for purposes of this policy should be made on a case-by-case basis given the individual’s relationship with the member and whether the individual was previously designated by the deceased member.
1031.2 POLICY
It is the policy of the Emeryville Police Department to make appropriate notifications and to provide assistance and support to survivors and coworkers of a member who dies in the line of duty.
It is also the policy of this department to respect the requests of the survivors when they conflict with these guidelines, as appropriate.
1031.3 INITIAL ACTIONS BY COMMAND STAFF
(a) Upon learning of a line-of-duty death, the deceased member’s supervisor should provide all reasonably available information to the Watch Commander and the Communications Center.
1. Communication of information concerning the member and the incident should be restricted to secure networks to avoid interception by the media or others (see the Press Information Officer section of this policy). (b) The Watch Commander should ensure that notifications are made in accordance with the Officer-Involved Shootings and Deaths and Major Incident Notification policies as applicable.
(c) If the member has been transported to the hospital, the Watch Commander or the designee should respond to the hospital to assume temporary responsibilities as the Hospital Liaison.
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(d) The Chief of Police or the authorized designee should assign members to handle survivor notifications and assign members to the roles of Hospital Liaison (to relieve the temporary Hospital Liaison) and the Department Liaison as soon as practicable (see the Notifying Survivors section and the Department Liaison and Hospital Liaison subsections in this policy).
1031.4 NOTIFYING SURVIVORS
Survivors should be notified as soon as possible in order to avoid the survivors hearing about the incident in other ways.
The Chief of Police or the authorized designee should review the deceased member’s emergency contact information and make accommodations to respect the member’s wishes and instructions specific to notifying survivors. However, notification should not be excessively delayed because of attempts to assemble a notification team in accordance with the member’s wishes.
The Chief of Police, Watch Commander or the authorized designee should select at least two members to conduct notification of survivors, one of which may be the Department Chaplain.
Notifying members should:
(a) Make notifications in a direct and compassionate manner, communicating as many facts of the incident as possible, including the current location of the member.
Information that is not verified should not be provided until an investigation has been completed.
(b) Determine the method of notifying surviving children by consulting with other survivors and taking into account factors such as the child’s age, maturity and current location (e.g., small children at home, children in school).
(c) Plan for concerns such as known health concerns of survivors or language barriers. (d) Offer to transport survivors to the hospital, if appropriate. Survivors should be transported in department vehicles. Notifying members shall inform the Hospital Liaison over a secure network that the survivors are on their way to the hospital and should remain at the hospital while the survivors are present. (e) When survivors are not at their residences or known places of employment, actively seek information and follow leads from neighbors, other law enforcement, postal authorities and other sources of information in order to accomplish notification in as timely a fashion as possible. Notifying members shall not disclose the reason for their contact other than a family emergency.
(f) If making notification at a survivor’s workplace, ask a workplace supervisor for the use of a quiet, private room to meet with the survivor. Members shall not inform the workplace supervisor of the purpose of their visit other than to indicate that it is a family emergency.
(g) Offer to call other survivors, friends or clergy to support the survivors and to avoid leaving survivors alone after notification.
(h) Assist the survivors with meeting childcare or other immediate needs.
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(i) Provide other assistance to survivors and take reasonable measures to accommodate their needs, wishes and desires. Care should be taken not to make promises or commitments to survivors that cannot be met.
(j) Inform the survivors of the name and phone number of the Survivor Support Liaison (see the Survivor Support Liaison section of this policy), if known, and the Department Liaison.
(k) Provide their contact information to the survivors before departing. (l) Document the survivor’s names and contact information, as well as the time and location of notification. This information should be forwarded to the Department Liaison.
(m) Inform the Chief of Police or the authorized designee once survivor notifications have been made so that other Emeryville Police Department members may be apprised that survivor notifications are complete.
1031.4.1 OUT-OF-AREA NOTIFICATIONS
The Department Liaison should request assistance from law enforcement agencies in appropriate jurisdictions for in-person notification to survivors who are out of the area. (a) The Department Liaison should contact the appropriate jurisdiction using a secure network and provide the assisting agency with the name and telephone number of the department member that the survivors can call for more information following the notification by the assisting agency.
(b) The Department Liaison may assist in making transportation arrangements for the member’s survivors, but will not obligate the Department to pay travel expenses without the authorization of the Chief of Police.
1031.5 NOTIFYING DEPARTMENT MEMBERS
Supervisors or members designated by the Chief of Police are responsible for notifying department members of the line-of-duty death as soon as possible after the survivor notification is made.
Notifications and related information should be communicated in person or using secure networks and should not be transmitted over the radio.
Notifications should be made in person and as promptly as possible to all members on-duty at the time of the incident. Members reporting for subsequent shifts within a short amount of time should be notified in person at the beginning of their shift. Members reporting for duty from their residence should be instructed to contact their supervisor as soon as practicable. Those members who are working later shifts or are on days off should be notified by phone as soon as practicable.
Members having a close bond with the deceased member should be notified of the incident in person. Supervisors should consider assistance (e.g., peer support group, modifying work schedules, approving sick leave) for members who are especially affected by the incident.
Supervisors should direct members not to disclose any information outside the Department regarding the deceased member or the incident.
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1031.6 LIAISONS AND COORDINATORS
The Chief of Police or the authorized designee should select members to serve as liaisons and coordinators to handle responsibilities related to a line-of-duty death, including, but not limited to:
(a) Department Liaison.
(b) Hospital Liaison.
(c) Survivor Support Liaison.
(d) Critical Incident Stress Management (CISM) coordinator. (e) Funeral Liaison.
(f) Mutual aid coordinator.
(g) Benefits Liaison.
(h) Finance coordinator.
Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient duty time to complete their assignments.
Members may be assigned responsibilities of more than one liaison or coordinator position depending on available department resources. The Department Liaison may assign separate liaisons and coordinators to accommodate multiple family units, if needed. 1031.6.1 DEPARTMENT LIAISON
The Department Liaison should be a Division Captain or of sufficient rank to effectively coordinate department resources, and should serve as a facilitator between the deceased member’s survivors and the Department. The Department Liaison reports directly to the Chief of Police.
The Department Liaison’s responsibilities include, but are not limited to:
(a) Directing the other liaisons and coordinators in fulfilling survivors’ needs and requests.
Consideration should be given to organizing the effort using the National Incident Management System (NIMS).
(b) Establishing contact with survivors within 24 hours of the incident and providing them contact information.
(c) Advising survivors of the other liaison and coordinator positions and their roles and responsibilities.
(d) Identifying locations that will accommodate a law enforcement funeral and presenting the options to the appropriate survivors, who will select the location. (e) Coordinating all official law enforcement notifications and arrangements. (f) Making necessary contacts for authorization to display flags at half-mast. (g) Ensuring that department members are reminded of appropriate information–sharing restrictions regarding the release of information that could undermine future legal proceedings.
(h) Coordinating security checks of the member’s residence as necessary and reasonable.
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(i) Serving as a liaison with visiting law enforcement agencies during memorial and funeral services.
1031.6.2 HOSPITAL LIAISON
The Hospital Liaison should work with hospital personnel to:
(a) Arrange for appropriate and separate waiting areas for:
1. The survivors and others whose presence is requested by the survivors.
2. Department members and friends of the deceased member.
3. Media personnel.
(b) Ensure, as much as practicable, that any suspects who are in the hospital and their families or friends are not in close proximity to the member’s survivors or Emeryville Police Department members (except for members who may be guarding the suspect). (c) Ensure that survivors receive timely updates regarding the member before information is released to others.
(d) Arrange for survivors to have private time with the member, if requested.
1. The Hospital Liaison or hospital personnel may need to explain the condition of the member to the survivors to prepare them accordingly.
2. The Hospital Liaison should accompany the survivors into the room, if requested. (e) Stay with survivors and ensure that they are provided with other assistance as needed at the hospital.
(f) If applicable, explain to the survivors why an autopsy may be needed. (g) Ensure hospital bills are directed to the Department, that the survivors are not asked to sign as guarantor of payment for any hospital treatment and that the member’s residence address, insurance information and next of kin are not included on hospital paperwork.
Other responsibilities of the Hospital Liaison include, but are not limited to:
• Arranging transportation for the survivors back to their residence. • Working with investigators to gather and preserve the deceased member’s equipment and other items that may be of evidentiary value.
• Documenting his/her actions at the conclusion of his/her duties. 1031.6.3 SURVIVOR SUPPORT LIAISON
The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate needs and requests of the survivors of any member who has died in the line of duty, and serve as the long-term department contact for survivors.
The Survivor Support Liaison should be selected by the deceased member’s Division Captain.
The following should be considered when selecting the Survivor Support Liaison:
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• The liaison should be an individual the survivors know and with whom they are comfortable working.
• If the survivors have no preference, the selection may be made from names recommended by the deceased member’s supervisor and/or coworkers. The deceased member’s partner or close friends may not be the best selections for this assignment because the emotional connection to the member or survivors may impair their ability to conduct adequate liaison duties.
• The liaison must be willing to assume the assignment with an understanding of the emotional and time demands involved.
The responsibilities of the Survivor Support Liaison include, but are not limited to:
(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes and other locations, as appropriate.
(b) Communicating with the Department Liaison regarding appropriate security measures for the family residence, as needed.
(c) If requested by the survivors, providing assistance with instituting methods of screening telephone calls made to their residence after the incident. (d) Providing assistance with travel and lodging arrangements for out-of-town survivors. (e) Returning the deceased member’s personal effects from the Department and the hospital to the survivors. The following should be considered when returning the personal effects:
1. Items should not be delivered to the survivors until they are ready to receive the items.
2. Items not retained as evidence should be delivered in a clean, unmarked box.
3. All clothing not retained as evidence should be cleaned and made presentable (e.g., items should be free of blood or other signs of the incident).
4. The return of some personal effects may be delayed due to ongoing investigations.
(f) Assisting with the return of department-issued equipment that may be at the deceased member’s residence.
1. Unless there are safety concerns, the return of the equipment should take place after the funeral at a time and in a manner considerate of the survivors’ wishes. (g) Working with the CISM coordinator to ensure that survivors have access to available counseling services.
(h) Coordinating with the department’s Press Information Officer (PIO) to brief the survivors on pending press releases related to the incident and to assist the survivors with media relations in accordance with their wishes (see the Press Information Officer section of this policy).
(i) Briefing survivors on investigative processes related to the line-of-duty death, such as criminal, internal and administrative investigations.
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(j) Informing survivors of any related criminal proceedings and accompanying them to such proceedings.
(k) Introducing survivors to prosecutors, victim’s assistance personnel and other involved personnel as appropriate.
(l) Maintaining long-term contact with survivors and taking measures to sustain a supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions, special support during holidays).
(m) Inviting survivors to department activities, memorial services or other functions as appropriate.
Survivor Support Liaisons providing services after an incident resulting in multiple members being killed should coordinate with and support each other through conference calls or meetings as necessary.
The Department recognizes that the duties of a Survivor Support Liaison will often affect regular assignments over many years, and is committed to supporting members in the assignment.
If needed, the Survivor Support Liaison should be issued a personal communication device (PCD) owned by the Department to facilitate communications necessary to the assignment.
The department-issued PCD shall be used in accordance with the Personal Communication Devices Policy.
1031.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR The CISM coordinator should work with the Chief of Police or the authorized designee, liaisons, coordinators and other resources to make CISM and counseling services available to members and survivors who are impacted by a line-of-duty death. The responsibilities of the CISM coordinator include, but are not limited to:
(a) Identifying members who are likely to be significantly affected by the incident and may have an increased need for CISM and counseling services, including:
1. Members involved in the incident.
2. Members who witnessed the incident.
3. Members who worked closely with the deceased member but were not involved in the incident.
(b) Ensuring that members who were involved in or witnessed the incident are relieved of department responsibilities until they can receive CISM support as appropriate and possible.
(c) Ensuring that CISM and counseling resources (e.g., peer support, debriefing, grief counselors) are available to members as soon as reasonably practicable following the line-of-duty death.
(d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of available CISM and counseling services and assisting with arrangements as needed.
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(e) Following up with members and the Survivor Support Liaison in the months following the incident to determine if additional CISM or counseling services are needed. 1031.6.5 FUNERAL LIAISON
The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison and survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral Liaison’s responsibilities include, but are not limited to:
(a) Assisting survivors in working with the funeral director regarding funeral arrangements and briefing them on law enforcement funeral procedures. (b) Completing funeral notification to other law enforcement agencies. (c) Coordinating the funeral activities of the Department, including, but not limited to the following:
1. Honor Guard
(a) Casket watch
(b) Color guard
(c) Pallbearers
(d) Bell/rifle salute
2. Bagpipers/bugler
3. Uniform for burial
4. Flag presentation
5. Last radio call
(d) Briefing the Chief of Police and command staff concerning funeral arrangements. (e) Assigning an officer to remain at the family home during the viewing and funeral. (f) Arranging for transportation of the survivors to and from the funeral home and interment site using department vehicles and drivers.
1031.6.6 MUTUAL AID COORDINATOR
The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to request and coordinate any assistance from outside law enforcement agencies needed for, but not limited to:
(a) Traffic control during the deceased member’s funeral. (b) Area coverage so that as many Emeryville Police Department members can attend funeral services as possible.
The mutual aid coordinator should perform his/her duties in accordance with the Mutual Aid and Outside Agency Assistance Policy.
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1031.6.7 BENEFITS LIAISON
The Benefits Liaison should provide survivors with information concerning available benefits and assist them in applying for benefits. Responsibilities of the Benefits Liaison include, but are not limited to:
(a) Confirming the filing of workers’ compensation claims and related paperwork (see the Occupational Disease and Work-Related Injury Reporting Policy). (b) Researching and assisting survivors with application for federal government survivor benefits, such as those offered through the:
1. Public Safety Officers’ Benefits (PSOB) Programs.
2. Public Safety Officers’ Educational Assistance (PSOEA) Program.
3. Social Security Administration.
4. Department of Veterans Affairs.
(c) Researching and assisting survivors with application for state and local government survivor benefits.
1. Education benefits (Education Code § 68120)
2. Health benefits (Labor Code § 4856)
3. Worker’s compensation death benefit (Labor Code § 4702) (d) Researching and assisting survivors with application for other survivor benefits such as:
1. Private foundation survivor benefits programs.
2. Survivor scholarship programs.
(e) Researching and informing survivors of support programs sponsored by police associations and other organizations.
(f) Documenting and informing survivors of inquiries and interest regarding public donations to the survivors.
1. If requested, working with the finance coordinator to assist survivors with establishing a process for the receipt of public donations. (g) Providing survivors with a summary of the nature and amount of benefits applied for, including the name of a contact person at each benefit office. Printed copies of the summary and benefit application documentation should be provided to affected survivors.
(h) Maintaining contact with the survivors and assisting with subsequent benefit questions and processes as needed.
1031.6.8 FINANCE COORDINATOR
The finance coordinator should work with the Chief of Police and the Department Liaison to manage financial matters related to the line-of-duty death. The finance coordinator’s responsibilities include, but are not limited to:
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(a) Establishing methods for purchasing and monitoring costs related to the incident. (b) Providing information on finance-related issues, such as:
1. Paying survivors’ travel costs if authorized.
2. Transportation costs for the deceased.
3. Funeral and memorial costs.
4. Related funding or accounting questions and issues.
(c) Working with the Benefits Liaison to establish a process for the receipt of public donations to the deceased member’s survivors.
(d) Providing accounting and cost information as needed. 1031.7 PRESS INFORMATION OFFICER
In the event of a line-of-duty death, the department’s PIO should be the department’s contact point for the media. As such, the PIO should coordinate with the Department Liaison to:
(a) Collect and maintain the most current incident information and determine what information should be released.
(b) Ensure that department members are instructed to direct any media inquiries to the PIO.
(c) Prepare necessary press releases.
1. Ensure coordination with other entities having media roles (e.g., outside agencies involved in the investigation or incident).
2. Ensure that important public information is disseminated, such as information on how the public can show support for the Department and deceased member’s survivors.
(d) Arrange for community and media briefings by the Chief of Police or the authorized designee as appropriate.
(e) Respond, or coordinate the response, to media inquiries. (f) If requested, assist the member’s survivors with media inquiries.
1. Brief the survivors on handling sensitive issues such as the types of questions that reasonably could jeopardize future legal proceedings. (g) Release information regarding memorial services and funeral arrangements to department members, other agencies and the media as appropriate. (h) If desired by the survivors, arrange for the recording of memorial and funeral services via photos and/or video.
The identity of deceased members should be withheld until the member’s survivors have been notified. If the media has obtained identifying information for the deceased member prior to survivor notification, the PIO should request that the media withhold the information from release until proper notification can be made to survivors. The PIO should ensure that media are notified when survivor notifications have been made.
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1031.8 DEPARTMENT CHAPLAIN
The Department chaplain may serve a significant role in line-of-duty deaths. His/her duties may include, but are not limited to:
• Assisting with survivor notifications and assisting the survivors with counseling, emotional support or other matters, as appropriate.
• Assisting liaisons and coordinators with their assignments, as appropriate. • Assisting department members with counseling or emotional support, as requested and appropriate.
Further information on the potential roles and responsibilities of the chaplain is in the Chaplains Policy.
1031.9 INVESTIGATION OF THE INCIDENT
The Chief of Police shall ensure that line-of-duty deaths are investigated thoroughly and may choose to use the investigation process outlined in the Officer-Involved Shootings and Deaths Policy.
Investigators from other agencies may be assigned to work on any criminal investigation related to line-of-duty deaths. Partners, close friends or personnel who worked closely with the deceased member should not have any investigative responsibilities because such relationships may impair the objectivity required for an impartial investigation of the incident.
Involved department members should be kept informed of the progress of the investigations and provide investigators with any information that may be pertinent to the investigations. 1031.10 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL
The Chief of Police may authorize appropriate memorial and funeral services for law enforcement animals killed in the line of duty.
1031.11 NON-LINE-OF-DUTY DEATH
The Chief of Police may authorize certain support services for the death of a member not occurring in the line of duty.
Policy
1032
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Peer Support Program
1032.1 PURPOSE AND SCOPE
This policy is divided into two sections. Section One contains a description of the program, including the roles of the organizational components.
Section Two describes the skills and techniques that may be used by a Member to assist persons who are faced with stressful situations.
As the Peer Support Program matures, policy and procedure changes are inevitable. The program supervisor, and the members shall be required to keep open lines of communication to facilitate this evolving program. Effective, honest communication in a considerate environment, balanced by the program protocol, will greatly enhance the opportunity for a successful program. 1032.1.1 DEFINITION
The Peer Support Program is a program that offers assistance and appropriate support resources to employees when personal or professional stressors negatively affect their work performance, family unit or self. This communication is confidential, providing it does not violate any law or department regulations.
This program is designed to:
(a) Provide support during and after times of personal or professional crisis to employees who need assistance.
(b) Promote trust, allow anonymity, and preserve confidentiality for persons using Peer Support within the guidelines of the program.
(c) Develop Members who can identify personal conflicts and provide guidance or referral to professional resources if accepted.
(d) Maintain an effective peer support training and response program. (e) Communicate with those on injured on duty and provide support where desired and needed within the guidelines of this policy.
1032.2 MISSION STATEMENT
The Emeryville Police Department recognizes the value of providing a way for employees and their family members to deal with personal and\or professional stresses. A successful approach to this problem is to provide a program which offers a open peer support program in addition to the current professional employee Assistance Program (EAP). The peer support program is comprised of a group of peers who have volunteered to make themselves available to any Member of the department. This will provide a way for the Emeryville Police Department employees to talk about personal and\or professional problems with someone who can assists them with professional resources if requested.
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The Emeryville Police Department's most valuable resource is its employees. The peer support program's goal is to assist peers with stresses caused by personal and\or professional problems and help them continue to be a productive Member of the Emeryville Police Department. 1032.3 ROLE OF MEMBERS
The Member provides assistance to employees in time of stress. The responsibilities of Members are as follows:
(a) Provide trust, anonymity and assure confidentiality within guidelines to employees who seek assistance from the Peer Support Program.
(b) Provide assistance and support on a voluntary basis to employees and family, referring them to the appropriate outside resource when requested. In some cases, overtime might be granted per the Chief of Police.
(c) Be available to the individual for additional follow-up support. (d) The Member is not exempt from federal, state, local laws, or the rules and regulations of the Department
(e) Types of information that are not protected by confidentiality include:
1. Information about child abuse, spouse, or elder abuse per 11165 pc
2. Threats of suicide or homicide
3. Threats to harm another person.
1032.3.1 ROLE OF THE PEER SUPPORT LEADERS
The Peer Support Supervisor and Team Leader are responsible for overseeing the program ensuring that the Peer Support Program is being managed in accordance with the objectives established for the program. The Supervisor and will not actively take part in providing support to line staff but will assist the peer support team with training and allocating resources. (a) The main duties of the Supervisor include:
1. The Peer Support Supervisor should a sergeant or professional staff supervisor.
2. The peer support program will be managed by a Lieutenant.
3. Members are referral resources and should be familiar with outside professional programs.
4. Oversee budgeting needs for debriefs or hotel stays for emergency use.
5. Recruiting and coordinating the screening of the applicants.
6. Coordinating training of members.
7. Developing resources to assist individuals when problem areas are identified.
8. Manage resources used by the program i.e. membership fees etc.
9. Offering guidance to members when problems occur.
(b) The main duties of the Team Leader include:
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1. The Team Leader should be a Sergeant rank.
2. The Role of a Team Leader is to manage maintain and coordinate the program.
3. They will act as the liaison between the Peer Support Team and outside resources.
4. Authorize overtime as necessary
5. Supervise and coordinate Peer Support Personnel
6. Coordinate training of Peer Support Personnel
7. Assist in defusing, interventions, assess the need for follow-up referrals, and assist in teaching stress management
8. Create a list of qualified referral sources for the Peer Support Team
9. Responsible for ensuring training for team members are maintained initial and continuous
(c) Main duties of Team Members include:
1. May provide follow-up referrals and assist in teaching stress management.
2. May provide one-on-one peer assistance to employees. 1032.4 PEER SUPPORT SELECTION PROCESS
All interested employees who choose to volunteer as a member must submit their letter of interest to the Supervisor as subject to the Specialty and Collateral Duty Assignments Policy.
Any employee of the Emeryville Police Department may also submit the name of a peer to the Coordinator(s) for consideration as a Member.
(a) Prospective Members must meet the following criteria:
1. Agree to maintain confidentiality within the guidelines provided in this policy.
2. Be in good standing with the department, and free from significant discipline.
3. Agree to a minimum of a one-year commitment.
(b) Desirable qualities include:
1. Be empathetic and possess interpersonal and communication skills.
2. Be motivated and willing to manage time effectively. This will allow minimal impact on their normal duties.
3. Effective listening and problem-solving skills.
When there is a need to add more peer support members, the Supervisor will advise the peer support lieutenant. Recruitment and selection of new members will follow the policy on Specialty and Collateral Duty Assignment guidelines. The Supervisor will maintain a list of all active peer support members, and ensure the list is available to all employees.
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1032.4.1 TEAM MEMBERSHIP
(a) Members agree to a minimum one-year commitment.
(b) Negative job performance caused by a member’s duties must be reported by the Member's supervisor to the program supervisor for discussion and resolution. (c) Members may be removed from participation in the program if updated training is not attended by the Peer Support Supervisor.
(d) A member may be removed for cause by the Peer Support Supervisor and at the discretion of the Chief of Police. A breach of confidentiality by Peer Support member shall by an immediate removal from the Peer Support Program. (e) The member is authorized to use department facilities to meet with employees. (f) Participation in the program is voluntary and no overtime or compensatory time will be authorized for time spent performing member duties, unless approved by the Peer Support Supervisor
1032.5 TRAINING PROGRAM
The training program may consist of POST approved training on peer support, classes offered by the California Peer Support Association, First Responders Support Network and/or other approved sources. A Basic Peer Support training course is required by all new members, within the first year of appointment all members. If required, members maybe required to attend a minimum of eight hours of updated training per year. The major emphasis will focus on skill development for conducting peer assistance including:
• Effective listening
• General assessment skills
• Problem-solving skills
• Relationship termination (death, divorce, etc.)
• Referral and follow-up.
1032.6 CONFIDENTIALITY
It is imperative that each Member maintain strict confidentiality of all information learned about an individual within the guidelines of this program.
Communication between the Member and a person is considered confidential. Some examples of matters that may not be confidential include the following:
(a) Danger to self
(b) Danger to others
(c) Suspected child abuse
(d) Narcotic and alcohol use while on duty
(e) Domestic violence
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(f) Factual elderly abuse
Members are not exempt from laws, rules, regulations, or orders; but any exchange of information not in violation of this statement will be confidential as per AB 1117.
A general principle for Members to follow is to inform the person, prior to discussion, what the limitations and exceptions are regarding the information revealed. In those cases where a concern or a question regarding confidentiality arises, the member should contact the Team Leader. 1032.7 RECORD KEEPING
Record keeping will be for statistical information only to assist in budgeting analysis. Names or other personal identification information will not be used. Peer Support Team members shall keep a monthly record of the number of contacts and hours of active peer assistance and provided that data to the Team Supervisor. No personal identifying information regarding the peer contact or group debrief services shall be collected.
1032.8 PEER PAIRING
Generally, Peer Support services are selected by the employee seeking assistance. However, the following should be kept in mind; peer support team members generally should not provide peer support services in any of the following circumstances:
(a) If, when serving in a peer support role, the peer support team member’s relationship with a law enforcement personnel receiving peer support services could be reasonably expected to impair objectivity, or effectiveness in providing peer support, or would otherwise risk exploitation or harm to the law enforcement personnel. (b) If the peer support team member and the law enforcement personnel receiving peer support services were involved as participants or witnesses to the same traumatic incident.
(c) If the peer support team member and the law enforcement personnel receiving peer support services are both involved in a shared active or ongoing investigation. Unless services are led by a mental health professional.
(d) If the personal safety of the Peer Support Team Member becomes hazardous to the Peer Support Member personally or physically.
1032.9 INTERNAL INVESTIGATIONS
It may occur that a Member is assisting an individual who is or becomes the subject of an internal investigation. The Member's role in disciplinary situations should be one of support and assisting individuals through the stress they may face during the disciplinary process. The Member should be guided by the confidentiality policy of the Peer Support Program. They should not volunteer any information received in confidence. The Member may not hamper or impede the actual investigation, nor may they attempt to shelter the individual from the department's investigation.
Department supervisors should respect the confidentiality of the prior peer support conversations.
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A Member shall not be ordered by a supervisor or administrator to disclose information obtained during a peer support session, in order to maintain the validity of the program. 1032.10 PEER SUPPORT PROGRAM SKILLS AND TECHNIQUES
The purpose of this section is to provide the Member with a summary of the guidelines to be followed when dealing with situations under field conditions These guidelines are the basic tools for providing assistance. Used properly, they will help boost member confidence and will reduce the risks of mismanaging emotional problems.
1032.10.1 SKILLS
Skills and techniques are implemented for some below topics but not limited too:
(a) Grief and Bereavement
(b) Nutrition and exercise
(c) Crisis Identification
(d) Relationship Problems
(e) Alcohol and substance abuse
(f) Depression and suicide
(g) Post critical incident syndrome
(h) Stressful event
1032.10.2 ASSESSMENT
The process of making an assessment about the information gathered during the peer support communication consist of two primary factors:
(a) Assess whether the problem is one with which you can assist the person or one that should be referred to professional resources.
(b) Assess whether the problem needs urgent attention.
1032.10.3 REFERRAL
The Members of Peer Support Program are trained to be effective listeners and to provide feedback and clarify issues and assist employee in identifying resolutions; however, they are not therapists. A list of professionals shall be available to the Peer Support Team from the EAP provided services. Participation in the Peer Support Program is voluntary and must be initiated by the person seeking the support.
1032.10.4 FOLLOW UP
Once assessment and referrals have been made, the Member can follow up on the individual's process, and provide follow-up assistance if required.
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1032.11 CRITICAL INCIDENT STRESS MANAGEMENT
Debriefing, Defusing, and or Demobilization:
Different types of meetings designed to mitigate the psychological impact of a traumatic event, including the subsequent development of post-traumatic stress disorder, can serve as an early identification mechanism for individuals who may request a referral to a professional mental health follow-up. Debriefing, defusing, and demobilization are structured group meetings or discussions during which personnel is given an opportunity to discuss their thoughts and reactions concerning a traumatic event in a calm environment.
Debriefing:
A debriefing is a mental health guide, peer-driven group discussion of a traumatic event for those directly involved first responders. It is a process that should generally be conducted within 72 hours of the event. The debriefing usually lasts two to three hours depending on the number of participants. It is not an investigative inquiry and is recommended to be lead by a licensed mental health professional.
Defusing:
A defusing is a shortened version of the debriefing generally lasting less than one hour a defusing is a peer-guided discussion that should take place as soon as possible after an event and before involved personnel are released.
Demobilization:
Demobilization is a brief informational session applied when operational units have been released from service after a major incident/ disaster that requires unusually large numbers of personnel or lengthy periods of deployment.
1032.12 ACTIVATION OF PEER SUPPORT TEAM
Trauma takes a variety of forms and cannot be accurately or exhaustively quantified in the description. However, certain events are of such magnitude should be considered disruptive to nearly anyone involved. For the Emeryville Police Department response criteria, those incidents may include, but are not limited to:
• Line of Duty Death
• Officer-Involved Shootings
• Serious Line of Duty Injury
• Suicide of EPD Employee
• Traumatic Off- Duty Employee Death
• Disaster/ Multi-Casualty Incidents
• Mass Homicide
• Injury of Death to Civilian as A Result of Operational Procedures Emeryville Police Department
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• Traffic Collision with Traumatic Injuries or Fatalities • Death of A Child
When the above-listed incidents occur the Watch Commander will see that the Peer Support Team Leader is notified. The need for group intervention or immediate peer support or clergy will be accessed and mobilized.
1032.13 COMPENSATION
Peer Support Members are voluntary and should be aware they may receive calls for help on a 24/7 basis. If possible, peer support should be addressed in form of an on-duty meeting. More detailed and longer meetings like debriefings or defusing should be scheduled on-duty whenever possible.
Overtime may be authorized depending on approval from the Peer Support Supervisor. Overtime will be compensated as per the employee’s MOU and City policies and procedures.
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Attachments
Attachment Emeryville PD Policy Manual
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Hate Crime Checklist.pdf
Hate Crime Checklist.pdf
HATE CRIME CHECKLIST
Page of
Victim Type:
Individual
Legal name (Last, First):
Other Names used (AKA):
School, business or organization
Name:
Type:
(e.g., non-profit, private, public school)
Address:
Faith-based organization
Name:
Faith:
Address:
Target of Crime (Check all that apply):
Person Private property Public property
Other
Nature of Crime (Check all that apply):
Bodily injury Threat of violence
Property damage
Other crime:
Property damage - estimated value
Type of Bias
(Check all characteristics that apply):
Disability
Gender
Gender identity/expression
Sexual orientation
Race
Ethnicity
Nationality
Religion
Significant day of offense
(e.g., 9/11, holy days)
Other:
Specify disability (be specific):
Actual or Perceived Bias – Victim’s Statement:
Actual bias [Victim actually has the indicated characteristic(s)].
Perceived bias [Suspect believed victim had the indicated characteristic(s)].
If perceived, explain the circumstances in narrative portion of Report.
Reason for Bias:
Do you feel you were targeted based on one of these characteristics? Yes No Explain in narrative portion of Report.
Do you know what motivated the suspect to commit this crime? Yes No Explain in narrative portion of Report.
Do you feel you were targeted because you associated yourself with an individual or a group?
Yes No Explain in narrative portion of Report.
Are there indicators the suspect is affiliated with a Hate Group (i.e., literature/tattoos)?
Yes No Describe in narrative portion of Report.
Are there Indicators the suspect is affiliated with a criminal street gang? Yes No Describe in narrative portion of Report.
Bias Indicators (Check all that apply):
Hate speech Acts/gestures Property damage Symbol used
Written/electronic communication Graffiti/spray paint Other:
Describe with exact detail in narrative portion of Report.
Relationship Between Suspect & Victim:
Suspect known to victim? Yes No
Nature of relationship:
Length of relationship:
If Yes, describe in narrative portion of Report
Prior reported incidents with suspect? Total #
Prior unreported incidents with suspect? Total #
Restraining orders? Yes No
If Yes, describe in narrative portion of Report
Type of order: Order/Case#
Weapon(s) used during incident? Yes No Type:
Weapon(s) booked as evidence? Yes No
Automated Firearms System (AFS) Inquiry attached to Report? Yes No POST 05/19 (Based on LAPD’s Hate Crime Supplemental Report, used with permission)
HATE CRIME CHECKLIST
Page of
Witnesses present during incident? Yes No Statements taken? Yes No Evidence collected? Yes No
Photos taken? Yes No
Total # of photos: D#:
Taken by: Serial #:
Recordings: Video Audio Booked
Suspect identified: Field ID By photo
Known to victim
VICTIM
Tattoos
Shaking
Unresponsive
Crying
Scared
Angry
Fearful
Calm
Agitated
Nervous
Threatening
Apologetic
Other observations:
SUSPECT
Tattoos
Shaking
Unresponsive
Crying
Scared
Angry
Fearful
Calm
Agitated
Nervous
Threatening
Apologetic
Other observations:
ADDITIONAL QUESTIONS (Explain all boxes marked "Yes" in narrative portion of report):
Has suspect ever threatened you? Yes No
Has suspect ever harmed you? Yes No
Does suspect possess or have access to a firearm? Yes No Are you afraid for your safety? Yes No
Do you have any other information that may be helpful? Yes No Resources offered at scene: Yes No Type: