Agenda packet — Imperial City Council, June 18, 2025 (part 2 of 6)

SECTION II. DESCRIPTION OF THE DISTRICT

A, BOUNDARIES OF THE DISTRICT
The boundaries of the District are non-contiguous and consist of all parcels with the Zone 2001-01 (Wildflower) and Zone 2001-02 (Paseo del Sol). A map showing the boundaries of the District has been previously filed with the City Clerk and by reference is made part of this Report.
1 . Zone 2001-01 (Wildflower)
Zone 2001-01 (Wildflower) is located in the west portaon of the City, generally South of Joshua Tree Street and West of La Brucherie Road. Zone 2001-01 (Wildflower) consists of all assessable parcels located in the Wildflower No. 8 subdivision.

2. Zone 2001-02 (Paseo Del Sol)
Zone 2001-02 (Paseo del Sol) is located in the northeast portion of the City, generally North of Aten Road, and East of Highway 86. Zone 2001-OZ (paseo del Sol) consists of all parcels located in the Paseo del Sol subdivision.

B, DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES The lmprovements to be maintained, operated, and serviced by the District are the local and arterial street lighting systems of the City that confer special benefit to the District parcels.

The specific location of both local and arterial streetlight improvements within the City can be found on the Streetlight lnventory Maps maintained by the City and on file in the office of the City Engineer where they are available for inspection. The City also maintains a lamp location list that is a tabulated listing of every street in the District by alphabetical order. lncluded in the items listed for each lamp are the exact location by street address number and lamp size.

Lamps are not placed in specific zones, unless they clearly only benefit certain parcels (e.g., alley lights, main streetlights and petitioned installation areas). Article XlllD of the California Constitution defines "maintenance and operation expenses" as, "the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement". The District funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures and all appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and operation of the local and arterial lighting benefiting the District parcels.

The local street lighting improvements to be maintained, operated, and serviced by the District include utility company and City-owned streetlights within the right of way of the local public streets located within the boundaries of the Oistrict. These lights are in close proximity, approximately 90 feet, to the District parcels identified as receiving local lighting benefit in the Method of Assessment, and as such, provide special benefit to these parcels.

Specifications for street lighting within the District are indicated within a previously executed contract by and between the City and the local utility company, a copy of which is available in the Engineering Division of the Community Development Department.

City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 202512026

Page 2 ends

The arterial street lighting improvements to be maintained, operated, and serviced by the District include a reasonable allocation of local utility company-owned and City owned streetlight maintenance, operation, and servicing on the major arterial streets within the City that provide special benefit to the parcels within the District whether or not such parcels are in close proximity to such lighting.

The local lighting and arterial lighting costs assessed in the existing County Streetli8ht District are not assessed throu8h this District. Only costs above and beyond the existing County Streetlight District will be assessed as a part of the District improvements.

The detailed plans and specifications for the improvements are on file in the office of the City Clerk where they are available for public inspection. The plans and specifications for the improvements are voluminous and are not bound in this Enginee/s Report but by this reference are incorporated herein and made a part of this Engineer's Report.

C, DISTRICT BOUNDARY MAP
Assessment District boundary maps have been prepared for the Lighting Maintenance Assessment District in the format required by the 1972 Act, and are on file with the City Clerk, and, by reference, are made part of this Report. A subdivision map showing each of the parcels included within the boundaries of the District and subject to the annual assessment charge is incorporated as Exhibit "B" to this Report.

City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2026

Page 3 ends

SECTION III. METHOD OF APPORTIONMENT
A. GENERAL
fhe L972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of landscaping and appurtenant facilities. fhe L972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
'"fhe net omount to be ossessed upon lands within on ossessment district may be opportioned by ony formulo or method which fairly distributes the net omount omong oll assessoble lots or porcels in proportion to the estimoted benefits to be received by each such lot or pdrcel lrom the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.
ln addition, pursuant to Article XlllD Section 4 a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits may be assessed and the District must separate the general benefits from the special benefits. Therefore, the District assesses only for improvements that provide special benefit and any improvements considered general benefit have been eliminated from the District Assessments.

B BENEFIT ANALYSIS

1. Special Benefits
The streetlight improvements were installed by the developers, and by the sub dividers of the land, and the continued maintenance was guaranteed through the establishment of a streetlight Maintenance District. lf the installation of the improvements and the guaranteed maintenance did not occur, the lots would not have been established and could not have been sold to any distinct and separate owner. The establishment of each distinct and separate lot is a special benefit that permits the construction of a building or structure on the property and the ownership and sale of the distinct lot in perpetuity.

All the lots are established at the same time once the conditions regarding the improvements and the continued maintenance are guaranteed. As a result, each lot within the District receives a special and distinct benefit from the improvements and to the same degree.
ln addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of the street lighting and appurtenant facilities reduces property_ related crimes (especially vandalism) against properties in the District. All of the above mentioned contributes to a specific enhancement of the property values of each of the parcels within the District.

City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 202512026

Page 4 ends

All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District and thereby provide a special enhancement to the property.

2. General Benefits
ln addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements. The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total streetlight maintenance costs, which are associated with general benefits, will not be assessed to the parcels in the District, but will be paid from other City Funds. lt is estimated that the general benefit portion of the benefit received from the improvements is less than one percent (1%) of the total benefit. Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportionalspecial benefit conferred on that property.

C, ASSESSMENT METHODOLOGY
Based on the foregoing identification of special benefit, the eligible costs to be funded through the District will be determined as follows:
o First, the prior fiscal year's actual revenue and expenses for the District will be compared to the budgeted amount adopted by city council, to determine the balance in the District's Reserve Fund.
o Second, the new energy rates for the upcoming flscal year will be identified, and the new fiscal year budget requirements will be determined. o Third, the new budget needs will be compared to the Reserve Fund to determine if the District's assessment rates should be increased or decreased based on the need for funds.
o The escalation factor will be determined by compiling a composite percentage increase in the energy costs for all of the lamp sizes that the city maintains. The percentage increase in the cPUc approved rate for each lumen bulb maintained by the city and applicable to the upcoming fiscal year will be obtained. The greater of the composite percentaBe increase in the cPUc rate or the annual cPl will be the escalation factor for the upcoming fiscal year. lf the cPUc rate has decreased, then the escalation factor may be a negative percent and may result In decreased assessments for the District. The assessment rates will not be decreased if the District is operating with a deficit or if the Reserve Fund balance needs to be restored to reflect half a year's levy. lf the District is not operating at a deficit, the result of decreasing CPUC rates will be a negative escalation factor and decreased assessments.
. The escalation factor will be applied to the prior year's assessment rates for the District tO determine the upcoming year's maximum assessment. The assessments Collected through the District levy and held in Reserve Funds can only be used for the types of expenses listed in the lmprovements and Cost Estimate section of the current fiscal year's Engineer's RePort.

City of lmperial Lighting Maintenance District No 1
Engineer's Report FY 2025/2026

Page 5 ends

1. Land Use Definitions
The District assessment is based on land use so that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of all parcels expected to exist in the District in FY 2025/2026.|n the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for ad ministratively assigning one of the land uses listed below.

TABLE 1
Land Use Designation
Properties that do not benefit from local street lighting are designated with an ,,X,,in the Land use code, and are not assessed for local lighting, but are assessed for their share of the costs for arterial lighting and engineering and incidentals. properties that do not benefit from local street lighting are designated with an ,,X,, in the Land Use code, and are not assessed for local lighting, but are assessed for their share of the costs for arterial lightinB and engineering and incidentals.

2. Local Lighting Apportionment
The special benefit from maintenance, operation, and servicing of local street lighting within the District only accrues to those parcels within the District located in areas where such lighting is provided. Therefore, parcels without local street lighting a.e not assessed for the cost of providing such lighting. Generally, a parcel is determined to have local lighting provided if a streetlight ls within approximately 90 feet of the parcel.

Regarding local lighting, there exists the core benefit of available lighting for every parcel in the District near a streetlight. This "Availability" benefit is apportioned to City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2026
APT Multiple family residential parcels that benefit from local lighting APT-X Multiple family residential parcels that do not benefit from local lighting CON DO Condominium or town home parcels that benefit from local lighting Condominium or town home parcels that do not benefit from local lighting
EXEMPT Parcels exempt by law from the assessment, or those parcels that do not receive any benefit from the District
MH Mobile homes that benefit from local lightin
M H.X Mobile homes that do not benefit from local ligh ting NONRES Non-residential parcels that benefit from local lightin NONRES-X Non-residential parcels that do not benefit from local I ighting Single family residential parcels that benefit from local lightin e family residential parcels that do not benefit from local lighting Parcels without a building or similar structure that benefit from local lighting
R ES-X Singl
VACANT
vAcANT-x Parcels without a building or similar structure that do not benefit from loca I lighting
Land Use
Code Land Use Description

Page 6 ends

CON DO-X
RES
parcels in the District on a per parcel basis. ln addition to this benefit, parcels in the District benefit from improved safety related to people who own or use the parcels in the District ("Safety to People") and improved safety related to the parcel itself ("Safety to Property").
b. Safety to Property
The Safety to Property benefit results in a special benefit to both residential and vacant non-developable parcels because local lighting maintenance, operation and servicing provides for the protection of buildings and personal property against crime such as theft and vandalism. The Safety to Property benefit is apportioned to properties in the District based on relative property size as available from the City of lmperial Planning Department for residential uses.

Table 2 shows the breakdown of the benefit units assigned to each land use for those properties located in areas with streetlights. The single-family parcel has been selected as the basic unit for calculation of the assessments and is defined as one (1) Equivalent Dwelling Unit ("EDU"). Other land use parcels receive slightly varying levels of benefit based on parcel usage and size. Equivalent factors have been developed to indicate the benefit received based on the single-family parcel. All other land uses are converted to EDUs in the manner shown in the following table:

TAELE 2
Local Lighting Benefit Factors
City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2026
Single Family Residential (sFR) 0.50 per unit 0.25 per unit 0.25 per parcel 1.00 per unit Condominium 0.43 per unit 0.12 per unit 0.25 per pa rcel 0.80 per unit

0.20 per unit

2.85 per parcel

0.09 per unit

2.60 per parcel

0.45 per unit 0.25 per parcel
Mobile home more than 20 units 0.20 per u nit
Non-residentia I 1.00 per acre 1.50 per acre 1.50 per acre 4.00 per acre

0.25 per parcel 0.50 per parcel Vacant 0.00 per parcel 0.25 per parcel Safety to
People
Total B€nefit
Units

Page 7 ends

a. Safety to People
The Safety to People benefit results in a special benefit to residential parcels because local street lighting improves traffic safety during ingress and egress to the property and creates a deterrent to crime against people on the property. Vacant, non-developable properties within the District are not perceived to receive Safety to People benefit.

3. Arterial Lighting Apportionment
All parcels in the District receive a special benefit from the installation, maintenance, operation, and servicing of safety lighting and street lighting on arterial streets. The arterial lighting, traffic signals, safety lighting, and capital improvements (Arterial Lighting) are provided throughout the city and all properties in the District may easily Safety to
Property
Availability
Land Use Description Benefit

0.54 per unit

0.25 per parcel

0.25 per parcel
Multi-Family up to 20 units
access these improvements. ln contrast to the Local Lighting, Arterial Lighting benefits properties primarily because the properties, and the persons using the properties, are provided safe arterial street access. Therefore, Arterial Lighting benefit will be apportioned to parcels in the District on a per unit basis taking into account demographic population information.

Vacant properties, which have no people residing on the property, also benefit from arterial lighting because of the convenience associated with emergency vehicle access and other traffic that must use the arterial streets to service the vacant properties in the District. Therefore, Vacant parcels are assigned a per parcel benefit point. Vacant parcels are assigned benefit points based on the core benefit attributable to every assessable parcel in the District from Arterial Lighting of 0.25 benefit points per parcel.

Table 3 shows the breakdown of the benefit units assigned to each land use for all assessable property in the District. The single-family parcel has been selected as the basic unit for calculation of the assessments and is defined as one (1) EDU. Other land use parcels receive slightly varying levels of benefit based on parcel usage and size.

Equivalent factors have been developed to indicate the benefit received based on the single-family parcel. All other land uses are converted to EDUS in the manner shown in the following ta ble.

TABI.E 3
Arteria I tn Benefit Factors
I Minimum assessment is equalto a single-family residence

4. District Engineerjng
District Engineering Costs include legal, assessment engineering, and other engineering related costs necessary to achieve the Oistricts compliance with Article XlllD of the California Constitution. All parcels in the District benefit from the District Engineering Costs. Each parcel in the zone is allocated a proportionate share of the District Engineering Cost based on its assigned benefit units.

D, ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles X tC and XlltD), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2025

0.95 per unit

0.25 per parcel
Multiple Family
Mobile Home
Single Family Residentia I (SFR) 1.00 per unit

0.85 per u nit
N on -reside ntia I
Vaca nt

0.40 per unit

1.00 per 7,200 square feetl
l-and Use Description Total Benefits Units
PaBe 8
Condominium
by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and an inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, a property owner protest ballot proceeding was conducted pursuant to the California State Constitution Article XlllD Section 4. This property owner protest ballot proceeding includes the establishment of an initial Maximum Assessment as well as an Assessment Range Formula.

Generally, if the proposed annual assessment (levy per EDU) for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners) increased each year, based upon the latest composite percentage change in the Consumer Price lndex, All Urban Consumers, for the Riverside-San Bernardino-Ontario Area ("CPl"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor.

The Engineer shall compute the percenta8e difference between the percentage change each year in CPI for March and the CPI for the previous March. The Engineer shall then adjust the previous maximum assessment rate by an amount not to exceed the percentage change for the upcoming fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

Beginning in the second fiscal year IFY 2OO2l2OO3l, for Zone 2001-01 (Wildflower) and beginning in the second fiscal year (FY 2OO3/2OO4l, for Zone 2001-02 (Paseo del Sol) and each fiscal year thereafter, the Maximum Assessment will be recalculated and a new Maximum Assessment established. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment.

Any proposed annual assessment (rate per EDU) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

Although the Maximum Assessment will increase each year, the actual District assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on District assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. lf the budget and assessments for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. lf the budget and assessments calculated require an increase greater than the adjusted Maximum Assessment then the assessment is considered an increased assessment. To impose an increased assessment the City must comply with the provisions of the Constitution Article XlllD Section 4(c) that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, throuBh the balloting process, must City of lmperial Lighting Maintenance District No. 1
€ngineer's Report FY 2025/2026

Page 9 ends

approve the proposed assessment increase. lf the proposed assessment is approved, then a new Maximum Assessment is established for the District. lf the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2026

Page 10 ends

SECTION IV. DISTRICT BUDGET
TABLE 4
Proposed Bu t
DtRECT COSTS
Local Lighting S14,850 S34,8oo
Arterial Lighting 14,850 34,800
Capital lmprovement/Replacement 0 0
DIRECT COSTS SUBTOTAL s29,7oo s69,600
tNctDENTAL COSTS/EXPENsE5
Engineering/District Adm inistration So So
lncidentals 0 0
Credit from Other Sources 0
I NCtDENTAL COSTS/EXPEN5E5 So So
LE55: FU NDS ON HAND S(17,5e8) s(s5,899)
TOTAL ASSESSMENT 512,0O2 5t2,7Ot

DISTRICT STATISTICS
Total Parcels 119 130
Total Parcels Levied 119 130
Total Equivalent Dwelling Units 238 260
Applied Rate per EDU Sso.43 548.85
Applied Rate per Parcel {2 EDU/Parcel} s1oo.86 s97.70
Maximum Rate per EDU ss0.43 548.8s
591 Maximum Rate per Parcel (2 EDU/Parcel) 5100.85 .70
zone 2q)1-01
Wildfiower
The Maximum Assessment per EDU for Zone 2001-01 (Wildflower) and for Zone 2001-02 (Paseo del Sol) shown above is based on the lnitial Maximum Assessment and the Assessment Range Formula approved by the property owners within the District at the time of formation.

Zone 2OO1-01 (Wildflower): The proposed FY 202512025 annual assessment is 550.43 per EDU (S100.86 a pplied per home).

Zone 2001-02 (Paseo del Sol): The proposed FY 2o?5/2026 annual assessment is S48.85 per EDU (S97.70 applied per home).

City of lmperial Lighting Maintenance District No. 1
Engineer's Report FY 2025/2025

Page 11 ends

zone 2q)1-02
Description Paseo del Sol
0 CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WTLDFLOWER)

ENGINEER'S REPORT
FISCAL YEAR 202512026
Report Subm itted by:

Scott Koppel
Koppel & Gruber Public Finance
Engineer
CAI.

No. 20903
E ollll6 lzt
4 OF \(
.tt
d
I
o
6 I
2 City of lmperial Lighting Maintenance District No. 1
EnBineer's Report FY 2025/2026

Page 12 ends

Parcel identification for each lot or parcel within the District, shall be the parcel as shown on the lmperial County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Maps.

The following pages contain a listing of parcels assessed within this District, along with the Zone designation and proposed assessment amounts.

EXHIBIT A

PRELIMINARY ASSESSMENT ROLL
FOR FISCAL YEAR 202512026

CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WTLDFLOWER)
FISCAL YEAR 2025/2026 TAX ROLL
l-and Use
code
Residential
Zone Situs Address Units EDU Assessment
2001'01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001,01
2001-01
2001-01
2001-01

RESIDENTIAL

RESIDENTIAL
RESIDENTIAI"

RESIDENTIAL

RESIDENTIAT

RESIDENTIAL
RESIDENTIAIRESIDENTIAL
RESIDENTIAIRESIDENTIAL

RESIDENTIAL

RESIOENTIAL

RESIDENTIAL

RESIDENTIAL
RESIDENTIAI.

RESIDENTIAL

RESIDENTIAL
RE5IOENTIAL

RESIOENTIAL

RESIDENTIAL

RESIDENTIAT

RESIOENTIAL

RESIDENTIAL

RESIDENTIAT
RESIDENTIAI.

RESIOENTIAI

RESIDENTIAL

RESIDENTIAL
RE5IOENTIAL

RESIDENTIAL
RE5IDENTIAL

RESIDENTIAL

RESIDENTIAT

RESIDENTIAL
s 100.85
S 100.86
s 100.85
s 100.86
s 100.86
s 100.86
S 100.86
S 100.86
5 100.86
s 100.85
S 100.86
s 100.86
S 100.86
s 100.86
s 100.86
s 100.86
s 100.86
S 100.85
s 100.86
S 100.86
s 100.86
S 100.86
s 100.86
S 100.86
s 100.86
S 100.86
s 100.86
S 100.86
s 100.85
S 100.86
s 100.86
s 100.86
5 100.86
s 100.86
S 100.86
S 100.86
s 100.86
S 100.86
5 100.86
s 100.86
s 100.86
s 100.86
s 100.86
S 100.86
s 100.86
5 100.86
s 100.86
S 100.86
5 100.86
$ 100.86
064-421-001-000
0&-421,002-000
064-421-003-000
064-421-004-000
064,421-005-000
054-421-006-000
o64-427-OO't -000
064,421-008-000
064-421-009-000
064-421,010-000
064-421-011-000
064,421-012-000
064-421-013-000
064,421-014-000
064-421-015-000
064-421-015-000
064-421,017-000
064-421-018-000
064-421-019-000
054,421-020-000
064-421-021-000
ou-427-022-000
064-421-023-000
064-421-024-000
064-421-025-000
064-421-026-000
064-47L-O27 -000
0a-421,028-000
064-421-029-000
064,421-030-000
054,421-031-000
054-421-032-000
064,421-033-000
064-421,034,000
0&-421-035-000
064-421-036-000
064-421,037-000
064-421-038-000
064-421,039-000
064-421-040-000
064-421-041-000
0u-421-042-000
064-421-043-000
064-421-044-000
064-421-045-000
064-422-001-000
064-422,002-000
064-422,003-000
064-422,004-000
064-422-005-000
551 MESQUITE ST
555 MESQUITE ST
559 MESQUITE 5T
553 MESQUITE ST
567 MESQUIT€ ST
571 MESQUITE 5T
575 MESQUITE ST
579 MESQUITE ST
583 MESQUITE ST
582 MESQUITE ST
S78 MESQUITE ST
574 MESQUITE 5T
570 MESQUITE 5T
566 MESQUITE ST
562 MESQUITE ST
558 MESQUITE ST
554 MESQUIIE ST
550 MESQUITE ST
551sAGEBRUSH ST
555 SAGEBRUSH ST
559 SAGEBRUSH ST
563 5A6EBRUSH 5T
567 SAGEERUSH SI
5715A6E8RUSH 5T
575 SAGEBRUSH ST
579 SAGEERUSH 5T
583 SAGEBRUSH ST
582 SAGEERUSH ST
578 SAGEBRUSH ST
574 SAGEERUSH 5T
570 SAGEBRUSH ST
566 SAGEBRUSH ST
562 SAGEERUSH 5T
558 SAGEERUSH SI
554 SAGEERUSH ST
550 SAGEBRUSH ST
551 SILVERWOOD ST
555 SILVERWOOD ST
559 SILVERWOOD 5T
553 SILVERWOOD 5T
567 SILVERWOOO ST
571 SILVERWOOD ST
575 SILVERWOOD ST
579 SITVERWOOD ST
583 SITVERWOOD SI
549 MESOUITE ST
545 MESQUITE ST
541 MESQUITE 5T
537 MESQUITE ST
533 MESQUITE 5T
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
1 1
1 1
1 1
1 1
1 1
1 1
1 I
1 1
1 1
1 1
1 1
1 1
1 I
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
Prepared by L' Page 1of6
/1 ftn "uy"wi#
fI
Land Use
code
Residential
Zone APN Units EDU Assessment
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001,01
2001-01
2001-01
2001-01
2001,01
2001-01
2001,01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001'01
2001-01
2001-01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001-01
2001-01
2001,01
2001-01
2001-01
2001-01
2001-01
2001,01
2001-01
2001-01
2001-01
2001-01

RESIDENTIAL

RESIOENTIAL

RESIDENTIAL

RESIOENTIAL

RESIDENTIAL

RESIDENTIAT

RESIDENTIAL
RESIDENTIAIRESIDENTIAL
RESIDENTIAI.

RESIDENTIAL

RESIOENTIAL

RESIDENTIAL

RESIDENTIAL
R€SIDENTIAL

RESIDENTIAL

RESIDENTIAL
RESID€NTIAL

RESIDENTIAL

RESIDENTIAL
s 100.86
s 100.86
S 100.86
s 100.86
s 100.86
s 100.86
s 100.86
S 100.86
5 100.85
s 100.86
5 100.86
s 100.86
s 100.86
5 100.86
S 100.86
S 100.86
5 100.86
S 100.86
5 100.86
s 100.86
S 100.86
s 100.86
s 100.86
S 100.86
5 100.85
s 100.86
5 100.86
5 100.86
5 100.86
S 100.86
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064-422-008-000
064-422-009-000
064-422-010-000
064-422-011-000
0u-422-072-000
064-422-013-000
064-422-014-000
064-422-015-000
064,423,O01,000
064-423-002-000
064-423-003-000
064-423-004-000
064-423-005-000
064-423-006-000
064-423-007-000
064-423-008-000
064-423-009-000
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529 MESQUITE ST
525 MESQUITE 5T
52I MESOUITE ST
517 MESQUITE ST
513 MESQUITE ST
509 MESQUITE ST
2342 TUMBLEWEED AVE
2338 TUMBLEWEED AVE
2334 TUMBLEWEED AVE
2330 TUMBLEWEED AVE
2328 TUMBLEWEED AVE
2324 TUMBLEWEED AVE
2320 TUMBTEWEED AVE
508 SILVERWOOO ST
512 STLVERWOOD Sr
516 SILVERWOOD ST
S2O SILVERWOOD ST
524 SILVERWOOD ST
528 SILVERWOOD ST
532 SILVERWOOD ST
536 SILVERWOOD ST
540 SILVERWOOD ST
544 SILVERWOOD ST
548 SILVERWOOD ST
550 SILVERWOOD ST
554 SttVERWOO0 ST
558 SILVERWOOD ST
562 SILVERWOOO ST
566 SILVERWOOD ST
570 STLVERWOOD 5T
52l SAGEBRUSH ST
525 SAGEBRUSH ST
529 SAGEBRUSH ST
533 SAGESRUSH ST
537 SAGEBRUSH ST
541SAGE8RUSH ST
545 SAGEBRUSH ST
549 5A6E8RUsH ST
548 MESQUITE ST
544 MESQUITE 5T
540 MESQUITE 5T
536 MESQUITE ST
532 MESQUITE ST
528 MESQUITE ST
524 MESQUITE ST
520 MESQUITE ST
2343 TUMBLEWEED AVE
2339 TUMELEWEEO AVE
2335 TUMBLEWEEO AVE
2331 TUMBL€WEED AVE
Prepared by t J,.,1 l

Page 2 of 6 ends

CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WTLDFLOWER)
FISCAL YEAR202512026 TAX ROLL
Situs Address
1 1
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2 f} CITY OF IMPERIAL
LIGHTING IUAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WTLDFLOWER)
FISCAL YEAR 202512026 TAX ROLL
Land Use
Code
Residential
Zone Units EDU Assessment
2001-01
2001-01
2001-01
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044-611-010-000
044-612-001-000
044-612,002-000
0ir4-612'003-000
ozM-612'004-000
044-512-005-000
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044-672-007,OO0
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044 512-009-000
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2325 TUMBLEWEED AVE
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52S STTVERWOO0 ST
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533 SILVERWOOD ST
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549 SITVERWOOD ST
548 SAGEERUSH ST
544 SAGESRUSH ST
540 SAGEBRUSH ST
536 SAGEERUSH ST
532 SAGEBRUSH ST
528 SAGEBRUSH ST
524 SAGEBRUSH 5T
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201 W ACAPULCO DR
203 W ACAPUTCO DR
205 W ACAPULCO DR
207 W ACAPULCO DR
209 W ACAPULCO DR
211 W ACAPULCO DR
213 W ACAPUTCO 0R
215 W ACAPULCO DR
217 W ACAPULCO DR
219 W ACAPULCO DR
2OO W ACAPULCO DR
202 W ACAPULCO DR
204 W ACAPULCO DR
206 W ACAPUICO DR
208 W ACAPULCO DR
210 W ACAPULCO DR
212 W ACAPULCO DR
214 W ACAPULCO DR
216 W ACAPUTCO 0R
218 W ACAPULCO DR
219 MAZATLAN DR
217 MAZATTAN DR
215 MAZATLAN DR
213 MAzATLAN DR
2ll MAZATLAN DR
209 MAZATLAN DR
207 MAZATTAN OR
205 MAZATTAN DR
203 MAZATI.AN DR
201 MAZATLAN DR
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Prepared by \

Page 3 of 6 ends

Situs Address
.Jr,rfir},r!

CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WILDFLOWER)
FISCAL YEAR202512026 TAX ROLL
Land Use
code
Residential
Zone Situ5 Address Units
2001-02
2001-o2
2001-02
2001-02
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216 MAZATLAN DR
218 MAZATLAN DR
219 SAN FELIPE DR
217 SAN FELIPE DR
215 SAN FELIPE DR
213 SAN FELIPE DR
211SAN FELIPE DR
209 SAN FELIPE DR
207 SAN FELIPE DR
205 SAN FELIPE DR
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206 SAN TELIPE DR
208 SAN FELIPE DR
220 ACAPULCO DR
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228 ACAPULCO DR
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232 ACAPULCO DR
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97.70 Prepared by [. ],..l Page 4 of 6
APN EOU Asseasment
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CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WTLDFLOWER)
FISCAL YEAR202512026 TAX ROLL
Laod Use
code
Residential
Zone Situs Address [J n its EOU Assessment
2001-02
2001-02
2001-02
2001-02
2001-02
2001-02
2001-02
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2001-02
2007-02
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233 ACAPULCO DR
235 ACAPULCO DR
2421 ENSENADA DR
2423 ENSENAOA DR
2425 ENSENADA DR
2427 ENSENADA DR
2429 ENSENADA DR
2431ENsENADA DR
2433 ENSENADA DR
2435 ENSENADA DR
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2,r41 ENSENADA 0R
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220 MAZATI-AN DR
222 MAZATTAN DR
224 MAZATLAN DR
226 MAZATLAN DR
228 MAzATLAN DR
230 MAZATLAN DR
232 MAZATLAN DR
233 SAN FETIPE DR
231SAN FELIPE DR
229 SAN FELIPE DR
227 SAN FELIPE DR
225 SAN FELIPE DR
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221SAN FELIPE DR
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2443 CABO SAN LUCAS AVE
220 sAN FELIPE DR
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22144 vERACRUZ CT
2i146 VERACRUZ CT
21T48 VERACRUZ CT
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228 SAN FELIPE DR
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232 SAN FELIPE DR
2444 ENSENADA DR
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Page 5 of 6 ends

CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. 1
(PASEO DEL SOL AND WILDFLOWER)
FISCAL YEAR202512026 TAX ROLL
Land Us.
code
Residential
Zone Situs Addrers Units
Total LeW
Total Parcel Count
s24,7O3.14
249
Prepared by \ l:'.1-.\lll
EOU Assessment
PaBe 6 of6

EXHIBIT B

DISTRICT BOUNDARY MAPS

CITYOF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. T
ZONE 2oo1-o1 (WILDFLOWER)
g
{
g
3 d
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'] T

CITY OF IMPERIAL
LIGHTING MAINTENANCE DISTRICT NO. T
ZONE 2oo1-o2 (PASEO DEL SOL)
3 I
o
F
!
?
X
a
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o
KoppEilGRLTBER
I
\
I
Agenda Item No.

DATE SUBMITTED

SUBMITTED BY
6/10/25 COU CIL ACTIO (X)
Public Services
6/18/25
PUBLIC HEAR.I G REQUIRED ( )

RESOLUTION ( )
ORDI A CE 1
5T READING ( )
DATE ACTIO REQUIRED OR.DI A CE 2
r-o R.EADI G ( )

CITY CLERK'S I ITIALS ( )
SUBJECT:

IMPERIAL CITY COUNCIL

AGENDA ITEM
DISCUSSION/ACTION:

Reject all bids for the Shop Tank & Aten Tank Modifications and New Ventilation I. System Installation Project in the City of Imperial; Bid-2025-03 and Authorize Re-bidding of the Project
DEPARTME TI VOLVED: Public Services
BACKGROU D/SUMMARY:

On April 2, 2025, the City Council authorized city staff to carry out a competitive public bid for the above described project. Staff released a Notice to Bidders published in the Holtville Tribune, the City website and plan rooms to solicit proposals from contractors to complete the project. Bids were opened on May 8, 2025.

The City received two (2) bids: See Exhibit "1" - "Bid Opening Act" for information.

1. Total Industries - $1,315,639.00

2. Spiess Construction - $1,380,645.00
After reviewing all bids, staff has determined that rejecting all submissions and re-bidding the project is in the city's best interest.

If approved for re-bidding, the project will bid in accordance with the Public Contract Code (PCC). The project plans and specifications will be on file with the City Cieri< at City Hall located at 420 S. Imperial Ave, Imperial, CA 92251.

FISCAL IMPACT: OT TO EXCEED
Funds to cover associated costs will be expended from enterprise funds. Project is in the FY 24-25 Capital Improvement Plan.

Fl A CE

I ITIALS
CIP Project No. 842, Aten Tank Rehab - $1,200,000

STAFF RECOMMENDATIO
approve request

MA AGER' RECOMME DATIO
MOTIO
SECO OED:

AYE
AYE
ABSENT:

DEPT. I ITIAL
CITY
MA AGER's

I ITIALS

APPROVED ()

DISAPPROVED ( )
REFERRED TO:
@:"#J

REJECTED

DEFERRED
( )
( )
C-1
EXHIBIT ''1"
f\ BID Opening Act
Shop Tank & Aten Tank Modifications and New Ventilations System Bid No. 2025-03
Bids received by ktmec 0 Aa
Were opened at 0- on s lr lzt
By #irme< 0au-na
Witnessed by Signature
hi
Company
3sD b4r'. oob39 cr
Bid Bond
-"
lo tvduslnes l13
Bids were given to u\Lll €aer revo for study and
recom ndatron for City Council
Date
Total Bid Amount
v-l r/ /'r

DATE SUBMITTED

SUBMITTED BY

DATE ACTIO REQUIRED
6/10/25

PUBLIC SERVICES
6/18/25
Agenda Item No.

COUNCIL ACTIO (X)
PUBLIC HEARi G REQUIRED ( )

RESOLUTIO ( )
ORDI ANCE 1
5T READING ( )
ORDr A CE 2

ND READING ( )
CITY CLERK"S I ITIALS ( )

IMPERIAL CITY COUNCIL

AGENDA ITEM
SUBJECT: DISCUSSIO /ACTIO :
1_ Purchase of Gorman Rupp Package System for Claypool Lift Station
DEPARTMENT INVOLVED: Public Services
BACKGROU D/SUMMARY:

To meet the growing sewage flow requirements and to allow for the continued growth of the City's southwest area, the collection system along Aten Blvd and Hwy 86 is increasing to a 21-inch line. Additionally, the Claypool lift station wet well will be increased in size to meet the new line's flow demand. Once the conveyance system is complete and in place, increased pumping volume will be required to convey the sewer through the existing force main sewer line to its discharge point near P St and Rosarito Dr.

The purchase of this lift station package will provide the City with the necessary equipment for current and future anticipated sewer flow. Gorman Rupp has provided reliable pumping equipment to the City for decades, and staff is familiar with these pumps, as there are other installations throughout the collection system and wastewater treatment plant. As a result, many spare parts are already on hand, and maintenance procedures are established.

FISCAL IMPACT:
$224,031.00
Fl A CE

I ITIALS
Funds will be expended from Wastewater Enterprise Funds through account 54-848-5210. Project is in the FY 25-26 Capital Improvement Plan (CIP)

TAFF RECOMME DATIO
Approve Request
MA AGER'S RECOMME DATIO :

MOTION:

ECO DED:

AYES:

ABSE T:

DEPT. I ITIALS
CITY
MA AGER"s

INITIALS

APPROVED ()

DISAPPROVED ( )
REFERRED TO:

REJECTED ()

DEFERRED ()
C-2
GHqnfAr4lpP USA
PUMPS
Quotation Date:

Expiration Date:

Project:
06/04/2025
05/23/2O2s
CITY OF IMPERIAL Ls REPLACE

N/A, CA
Nathan
Maldonado
Sales EnBineer
Environmental Water Solutioni,lnc - Mcxenna
EnBineering
13720 Cimarron Ave
QOOL792-2
tocalRep:

Gorman-Rupp
Contad:

Gardena, california 90249
Office: (310) 997
4645
Fax: (310) 763'
7950
Cell: (310) 749-
1893

STATION INFORMATION

GENERAL DATA
OTE: PUMPS CHANGED FROM T8 TO T6
PIPING CHANGED FROM 8'TO 6'
3OHP CHANGED TO 20HP
Apolicatk n Type
Station Type
Vohage
Lift Station
3/fi/480

PUMP(S)
Pump Model
D6Bn Co.dition
Reprime Lift
Horlepower

PUMP OPTIONS
Quantitv (2), T643S I /WW
1250 GPM @ 45 Fcet rDH
15 feet
20 HP
Spare Parts Xit Quantity (1) For T6A35-8 /WW
GORMAN.RUPP PUMP STATION QUOIATION
Ryan Roseberry
Sale5 Application Engineer
Office: (419) 755-1564
Cell:(419)564-1853
[email protected]

PUMPS AND OPTIONS

MOTOR DATA
MOTOR OPT|OfiS
256T - 20 HP Moto(s) Shall 8e Supplied Wrh TEFC
Enclosures

STATION PIPING

SUCTION PIPING
Suction Size
DISCHAR6E PIPING
6" Flanged Elbow For Customer Connection
Chect Valve
Customer Connection
DiicharSe lsolation Valve Type

AIR RETEASE VAIVE(S)
5" Lever & SprinS Check Val've
6'Connection. Lo€ation to be Center (As viewed from
the shaft end ofthe pump)
2-Way PluSValvq with Lever Actuator
Air Release Valve Type
ARV lsolation Type
Static Discharge Head

PIPING OPTIONS
GRP33 07 Automatic Air Release Valve
Ballvalve(s)
40 Feet
GauSe Panel Xit(s)

OISCHARGE BYPASS PIPING
Quantiw (2), Ranee 0-140'
Dischar8e Bypass 6" Plug valve and 6" OPW Connection

ENCTOSURE
Control Panel Rating
PanelSi2e/Shipment
Method
NEMA 1 3O0 Stainless Steel Enclosure
36x30x12 PanelTo Be Mounted & Wired
Main lncominS Conneclion Main Lu8 For lncoming Connection, Rated tor lokA sCcR TRAT{SFORMER(S)
External Transfo rmer A 3KVA power transformer will be supplied for 120V sin8le phase loads.

PRIMARY MOTOR STARTER
Primary Motor Starter Type AB NEMA 509 FVNR

PRIMARY CONTROI- SYSTEM
Primary Controller lntegrinex Standard
Primary S€nsor Air gubbler

BACKUP CONTROL SYSTEM
Backup Controller
Backup Sen or
Backup Floats Quantity
Backup Ho3t *1
Backup Float #2
Smart Relay IEaton Easy4]
Float Controls (Non-1.S.)
Quantity (2) Floats Provided For Redundant ControlOfThe Pump(s) low Level Float / Pumps Stop
High Level Float / Pump Start
Motor Enclosure Type

CONTROL PANET
Float Chaln 30 Fe€t ofSSI Chain

CONTROI, PANEL OPTIONS
UL / C.S.A Listing
Control Pan€l Heater
Control PanelSurge
Protective Device
U.L. tisted (Control PanelOnly)
A Panel Heater Will 8€ Suppfied To Reduce Humldtty Whhin The Contiol Panel A Type 2 SPD Will Be Furnished To Provide Protection From Overvoltage Surges Vohage Alert lndicatior A Detector Display Shall Be Provided To Display Voltage Status Within The Panel

AI-ARMS
Alarm tight Flasher
Alarm Ught

INPUTS ANO OUTPUTS
LED Alarm Light Flasher lncluded
Weatherproof LED Li8ht, Mounted By Gorman-Rupp
External Source Contacts
External Source Contacts
The Following Digital Contact(s) Will Be Wired To Terminal Blocks For Customer Connection:

1. Pump #1 Fault

2. Pump #2 Fault

3. High Water Alarm

4. Low Water Alarm

5. Phase Fail

5. Backup Floats Active

7. Backup High Temp

8. Pump#1 Run

9. Pump#2 Run
Analog Outprjts
Analog Outputs
Quantity (1) Analog Output(s) lncluded
STATION ENCIOsURE
€NCI,OSURE DETAILS
Exterior Enclosure Color Tan
This quotation includes only equipment specifically mentioned herein and does not include, or infer inclusion of any additional piping, valves, wiring, etc., regardless of its relation to the quoted equipment. Discounts or commission5 normally applied to the appropriate type of equipment also apply to these prices. Prices and estimated delivery dates are subject to change without notice in the event that vendors fail to maintain their quoted price and time of delivery to The Gorman-Rupp Company.

Estimated submittal Time'
Estimated Revision Time'
Estimated Production f imeB
11-13 Week
17 19 Week

LEAD TIME & PRICING
' Estimated times are based on workload and vendor lead time trend data compiled at the time of quote and are subie.t to chanSe without notice. To ensure this information is as accurate as possible please request revised lead times before the scope in this quotation is bid or placed in contract documents for bid. ' Estimated production lead time i5 based on either -approval'waived" or submittal "approval" with no revisions .equired at time of release to production. Add the "Estimated Revision Time" noted above to orders released to production that require any revision5.

I
Due to the unprecedented and onSoing global supply chain constraints - the aforementioned estimated production iead-tirhe is subject to change wilhout notice. We reserve the right to update the estimated lead-time when the order is released to production.

PRtCtt{G
NET PTice
Shrpping (To 1et U.S. Destination)
Mditional Detailt
$224,031.00

INCLUDED
2%TARIFF INCI.UDED
PROPOSAL DRAWING and bulletin illustrations are submifted to show general arrangement and approximate dimensions. The Cofipany reserves the riSht to make such chanSes in details ofdesign, construction or arrangement ofequipment as in its judgment (onstitute as improvement, En8ineering, dimensionaland instruction data shall be furnished to the purchaser promptly after acceptance ofthe proposallor approval. Chan8es in layout desiSn requested by purchaser after acceptance of proposal will be made at purchaser's erpense and may result in a potential chanSe in estimated submittal and/or lead time quoted.

The Gorman-Rupp Company will supply the products as described in this Proposal/Contract (hereinafter the "Scope of Supply''). The produds supplied will conform to the Scope of Supply and any modifications thereto as contained in the submittals approved bythe project enSineer and as received bV The Gorman-Rupp Company.

The equipment, apparatus and parts furnished are WARRANTEO against defects in materials and workmanship.

Specific applicable warranty is available at www.croumos.com/warrantv.

NO OTHER WARRANTY, EXPRESS OR IMPLIEO, INCI.UOING ANY WARRANTY OR MERCHANTASILTTY OR FITNESS, SHALL EXIST AS TO ANY EQUIPMENT OR GOOOS COVERED HEREBY, AII. SUCH WARRANTIES BEING €XPRESSLY

WAIVED BYTHE PURCHASER,
The company will, at its option, repai. or replace any equipment or pa.t which proves defective under its wa.ranty provided that the purchaser notifies the Company in writing of such defect within the applicable warranty period and provided further that after 5tart-up service has been performed, the labor to replace accessory items, such as sump pumps, dehumidifier!, relays or alternators, etc., shall b€ the rcsponsibility ofthe owner's maintenance personnel- The foregoing states the purchaser's,ole remedv for any breach ofwarranty by the company.

PRICE ESCAI-ATION CLAUSE
Ouoted prices are flrm for frfteen (15) days subiect to an escalation not to exaeed 5% for the following thirty (30) deysand 1ll2 pet month thereafter.

Orde15 accepted by The Gorman-Rupp company will be held firm if the orders are approved and released for production within forty five (451 days provided shipment is accepted by the customer immediately following completion of production.

Orders accepted byThe Gorman-Rupp Company where production release or shipment is delayed by the customer beyond thirty (30) days followinS acceptance of order by The Gorman-Rupp Company, prices will be subiect to an escalation not exceed 1-V2% per month until again released.

Price escalation will not exceed Federal guidelines.

AGREEMENT
THE AMOUNT OF ANY APPLICABLE TAX or other Government charge upon the production, sales, shipment and/or use of the equipment covered by this quotation shall be added to the pri.e and 5hall be paid by the purchaser.

ALL OR0ERS SHALL BE MADE OUT toThe Gorman-Rupp Company; 600 South Airport Road; Mansfreld, Ohio and 5hall be subject to acceptance by the Company. ORDER MAY BE CANCELED ONLY with the Company's written consent and ON TERMS that will indemnify the Company aSainst loss- Cancellation fees shall b€ assessed in an amount equalto 50% ofthe Proposal/Contract amount after acceptance ofthe proposal for approvaland/or purchaser receives submattal informationi 1m% olthe Proposal/Contract amount after acceptance of the proposal for approval and/orverbal written appaoval releasefor production.

Performance of any contract by the Company shall be contingent upon credit approval, strikes, fires, accidents, war reduced supply offuelor raw materials, or other restraint5 affectinB shipments or curtailments in manufacturinS or due to delays unavoidable or beyond the controlof the Company.

THE COMPANY SHALL NOT, in any event, be liable for indirect, special, consequential or liquidated damages or penalties, whether based upon contract, warranty, tort or negliSence.

When purchaser a5k5 that equipment be warehoused or held for a stated or indefinite period atter the equipment is ready for shipment, it is expressly understood and agreed that billing will be accepted as ofthe date when the equipment is ready for shipment and that STORAGE CHARGES (NOT TO EXCEED 1-1/2% PER MONTH) willapply thirty (30)days from that dateUnless otherwise specified, DEIIVERIES QUOTED are fiSured from the date of release to production. Statements as to expected shipment dates from the factory represent the Company's best iudgment. Purchaser hereby waive5 all claim to damaSe caused by delav in shipment or delivery.

Unless otherwire specified, TERMS are Net 45 days frorn date of invoice, F.O.B., Mansfield, Ohio with freight allowed to the job site or first destination, whichever i5 applicable. all terms of credit are subject to the Company's approval and are independent of and not continSent upon the time and manner in which the purchaser may receive payment from others. Purcha5er shall be notified of any changes in credit terms prior to acceptance of order,
ANY INDEBTEDNESS OwING TO THE COMPANY for a period longer than (30) days shall BEAR INTEREST until paid at the current prime rate. lf the Company finds it necessary to place any indebtedness hereunder in the hands of an attorney for collection, purchaler shallpay all expenses and costs ofcollection, includinS reasonable attorney'5 fees.

The riSht of subjugation aSain5t The Gorman-Rupp Company and all its assi8ns, affiliates, employees, insurers and underwriters, to the extent permitted by law, is waived.

THE PROVISIONS on the face hereof and these Terms and conditions constitute the entire agreement amonS the parties and supersede the provisions of any purchase order, other communication b€tween the parties or any statement or representaiion not included herein. This Agreement may not be modified or amended except in writinS signed bythe partie5 intended to be tound thereby.

This ASreement shallbe Soverned by the laws of the State of Ohio.

Feb 2O2t LSrS7X10
TXLO LIFT STATION !NFORMATION SHEET
Standard Mechanical and Electrical
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PUMPS
fi,?,"e&*
Station Specs
Max Capacity 25OO GPM (157.7 lps)
Max Head: 160' (48.8 m)
Max Solids 3" (76.2 mm)
l ax Temperature 160"F (71"C)
Assembled and tested in Gorman Rupp's IJSA FaciUtjes
Super T Series@ 3" (75 mm). 4' (100 mm), 6' (150 mm), 8" (2O0 mm) Ultra V Serieso 3' (75 mm), 4" (100 mm), 6 (150 mm)
Voltage: 2OO V 3P, 23O V 1P, 23O V 3P, 460 V 3P
C)cles: 60 hz
Horsepower: 2 HP to 50 HP
lndividual suction spools
lndividual swing check valves
3-way plug valve Vduplex pumps
lndividual automatic air release valves
Station shrps fully assembled and wired. Pumps, piping, controls and fiberglass enclosure mounted on a common steel base.

Enlcosure: Quonset design with durable fiberglass construction Man door for station entry
Two-way sliding cover provides convenient pump and control access lntecRinex Ljquid Level controls designed to handle basic pump station requirements Custom Engineered NEN4A Rated Automatic controls to operate pump and warning systems Reduced Voltage Solid State (RVSS) Starters and Variable Frequency Drives (VFDS) available upon request
Fully customized control panels available, including HO-A selectors, overload reset buttons and circuit
Available U.L. and C.S.A.listings
NEMA Rated Control Enclosures
Pump Specs
Pump Motol
Statlon Piplng
Enclosure
Coltrol Panol
Ass€mbly
Statlon Type 7 X 10 with Duplex Pumps

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Note: Drawing is a general layout of a lift station, for drawings specific to your application please contact your Gorman-Rupp Distributor.

GORMAN-BUPP PUMPS
P0. B0x r2r7
MANSFTELD, 0Hr0 4490r,12r7 | USA
TEL 419.755.10ll I FAX: 419.755 1251
GBPUMPS.COM
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DATE SUBMIHED

SUBMITTED BY
6/9/25
Parks and
Recreation
Agenda Item
No.

COUNCIL ACTIO
PUBLIC I !EARING

REQUIRED

RE OLUTION
(X)
( )
( )
DATE ACTIO REQUIRED 6/ I 8/25
ORDI A CE I ST READ! G
ORDINA CE 2ND READ! G

CITY CLERK'S INITIALS
( )
( )
( )

IMPERIAL CITY COUNCIL

AGENDA ITEM
UBJECT: DISCUSSION/ACTlO : PUBLIC GREE SPACE GRANT FUNDING

AGREEMENT WITH THE IMPERJAL IRRIGATIO DISTRICT (IID)
I. APPROVE THE PUBLIC GREE SPACE GRA T FU DI G AGREEMENT AND ACCEPT THE GRA T AWARD OF $17.920.00.

DEPARTME TI VOLVED: PARKS A D RECREATIO
BACKGROU D/SUMMARY:

In May 2024, the Department of Parks and Recreation submitted an application for the Public Green Space Grant that was offered by the Imperial Irrigation District (II D). The Grant focuses on green house reduction and carbon capture. The City was chosen for award in the amount of $17,920.00, the funding would bring 50 new trees to various parks and greenbelts throughout the City which include Sunset, Joshua Tree, Brewer Road, and Claypool Drive. Staff is seeking the City Council's approval to enter into the agreement with the llD.

Please see attached Funding Agreement and Award Letter
FISCAL IMPACT: NIA Fl ANCE

I ITIALS
STAFF RECOMME DATIO : It is the department"s
recommendation for City Council to approve the funding agreement for the Public Green Space Grant.

MA /\GER'S RECOMME DATIO
MOTIO
"ECONDED:

AYES:

ABSE T:

CITY
MA AGER·s

INITIALS

APPROVED ()

DISAPPROVED ( )
REFERRED TO:

REJECTED ()

DEFERRED ()
C-3

DISTRICT
* IID www.lld.com
{ ttrtftot'of.tnrrt
June 05, 2025
City of lmperial
Attn: Anthony Lopez
420 S. lmperial Avenue
lmperial, CA 92251
Re: Public Green Space Grants Award Notification - Various City Parks and Greenbelts; Brewer Road, Claypool Drive and Sunset Park. lmperial lrrigation District (llD) is pleased to inform you that your organization's Public Green Space Grant application has been approved. The proposal demonstrates a nexus between essential community improvement needs and project benefits. lt also supports llD's initiatives to reduce greenhouse gas emissions and provide resources for greener commu nities.

This letter acknowledges the grant total of $17,920.00 awarded to your organization. The grant will be issued by check to the applicant's designee in two payments: 50% funding upon award and 50% funding at project completion. Enclosed with this notification is a grant funding agreement document detaillng the grant's funding instructions. A copy of the grant recipient's Form W-9 Request for Taxpayer ldentification Number and Certification is also required. llD trusts that this grant will assist the organization in achieving the goals and objectives outlined in your application.

Once more, congratulations on your grant award and on the impactful work your organization is performing. llD is grateful for your efforts and looks forward to seeing the positive changes this grant will bring.

Regards,
Joseph Denton
Public Benefits Program Specialist
(760) 482 - 3682 | email: [email protected]
IMPERIAL IRRICATION DIsTRICT
oPERAINC HEADQUARTERS p.o. BOX 937 lMpERtA!, CA 92251

PUBLIC GREEN SPACE GRANTS
2025 FUNDING AGREEMENT
This Agreement is entered into between the lmperial lrrigation District (llD), and Customer, sometimes individually referred to as a "Party" and collectivelV as the "Parties."
This Agreement pertains to the Tree for All, Public Green Space Grants Program Project(s) ["Project(s)"]. llD shall pay Customer monetary incentives in accordance with the terms and conditions of this Agreement. 1,1, DOCUMENTS INCORPORATED BY REFERENCE
The following documents are incorporated by this reference and are hereby made part of this Agreement i) Customer's Public Green Space Grants Application
ii) The Public Green Space Grants Guidelines
iii) Customer's Proposal, including Scope of Work
iv) Custo mer's green ho use Bas {G HG ) reduction calculator associated with the submitted proposal v) Customer's executed Funding Agre€ment
2 ETIGIBIIITY

2. 1 Public Green Space Grants funding is limited and is available on a first-come, first-served basis. Funds will be reserved only upon llD approval.

2.2 Projects must meet the following requirements to be eligible for incentives:
i) Project must be nonresidential, government. special district or nonprofit located within llD's service territory; ii) Projects must meet and / or exceed minimum requirements established in the guidelines and will be evaluated based on these critefla.

1. PRO] ECT DESCRIPT ON
3, SUBMITTAL REQUIREMENIS FOR PAYMENT

4. INSPECTIONS
5, NO REPRESENTATION OF FITNESS
As a condition of payment, Customer shall submit to llD the documents described below. Required documents include but are not limited to:

3.1 Final summary report ofthe project outcomes and accomplishments

3.2 Quantities of trees planted

3.3 Various site photos of accomplished works

3.4 Summarized expenses, invoices and/or documents supporting the project costs

3.5 Form W-9 Request for Taxpayer ldentification Number and Certification

3.6 Access for site inspections if deemed necessary
As a condition of payment, Customer is responsible for ensuring that llD has reasonable access to all proposed project sites for all inspections, pre and post installations.

IID'S OR ITS CONSULTANTS' REVIEW OF THE DESIGN, CONSTRUCTION, OPERATION AND/OR MAINTENANCE OF THE PROJECT

AND/OR ASSOCIATED ENERGY EFFICIENCY OR CARBON REDUCIION MEASURES SHALL NOT CONSTITUTE ANY REPRESENTATION BY IID AS TO THE ECONOMIC OR TECHNICAL FEASIBILITY, OPERATIONAL CAPABILIry, SAFETY AND/OR RELIABILITY OF THE PROJECT. CUSIOMER IS SOLELY RESPONSIBLE FOR THE ECONOMIC AND TECHNICAL FEASIBILITY, OPERATIONAL CAPABILITY, SAFETY AND/OR RELIAEILITY OF CUSTOMER'S PROIECT.
1 PUBLIC GREEN SPACE GRANTS - FUNDING AGREEN4ENT
6, PAYMENIS

7. PENATTIES FOR FAITURE TO PROVIDE REQUIRED CLOSEOUT DOCUMENTS

10. PERM ITS AND LICENSES
Grant payments will be paid to Customer and / or designated third party payee only after all Public Green Space Grants requirements (as set forth in the Rebate Application Form and Guidelines) are met by Customer to llD's reasonable satisfaction Grant payments shall only be paid on projects that meet standards applicable when this Agreement is signed. llD reserves the right to modifv or cancel the funding amount if the project differs from awarded proposal.

6.1 GRANT PAYMENTS - 50% funding upon award and 50% funding at project completion.

6.2 llDwill makethefinal 50%fundingatprojectcompletiontoCustomeronlyaftertheappropriatefinal documents have been submitted and approved, and the appropriate inspections of the Project have been satisfactorily completed.

6.3 All planting projects must be completed by December05,2025 with final reportingto be submitted by December 1,2,2025, as indicated in the Public Green Space Grants Application and Guidelines to be eligible for final grant payments.

The initial 50% funding paid by llD to Customer shall be repaid by Customer to llD ifthe utility does not receive all closeout documents as required. Customershall repayanyfundingmadebyllDwithin30calendardaysof notification by llD that repayment is required. llD is entitled to offset against payments owed to Customer any amount due to llD that remains unpaid 40 calendar days after llD'S written demand for payment.

8. TERMS AND TERMINATION LOSS OF FUNDING
TheTermofthisAgreementshall commence upon the execution. The following are examples of actions that may result in a Grantee's loss of funding. This is not a comprehensive list.

8.1 Grantee fails to execute a grant funding agreement.

8.2 Grantee changes the project scope ofworkwithout prior notice toand approval by the llD.

8.3 Grantee fails to complete proiect.

8.4 Grantee fails to timely submit all docum€ntation within the period specified in the grant agreement.

8.5 Grantee fails to provide project updates as requested.

8.6 Grantee fails to submit final project closed outsummaryand documents as specified.

Adequate support and maintenance to the project sites shall occur for a period ofthree years after the date on which the last tree is planted at the proposed location, unless the Parties terminate this Agre€ment at an earlier date by mutual written agreement.
9, ASSIG NM ENT
Neither Party shall assign its rights or delegate its duties without the prior written consent of the other Party, except in connection with the sale or merger of a substantial portion of its properties. Any such assignment or delegation without written consent shall be null and void. Consent to assignment shall not be unreasonably withheld. lfan assagnment is requested, Customer is obligated to provide llD with information relating to the proposed assignment as requested by llD.

Customer shall obtain and maintain and cause its contractors to obtain and maintain licenses and permits required by federal, state, local, or other relevant governing or regulatory bod ies necessary to perform this Agreement. Any failure by Customer or its contractors to maintain necessary licenses and permits constitutes a material breach ofCustomer's obligations under this Agreement.

11. ADVERT S NG, I\,,1ARKI TING AND USE OF IID'5 NAMI
Customer will allow llD to use and disseminate the program's resu lts in its advertising and marketing of llD's Tree for All, Publlc Green Space GranE Program. Furthermore, allow for use of the organization's name and / or logo in marketing materials and press releases, social mediaand to develop a brief customer profile for useby llD on it's website for promotional purposes. The customer further acknowledges that it is not an employee, agent or representative of llD and Customer agrees that it shall make no representations or warranties of any kind to its customers, the public or to any person or entity on behalf of llD. 2 PUBLIC GREEN SPACE GRANTS - FUNDING AGREEMENT
1l
13- LIMITAIION OF LIABILITY

14. N IEG RAT ON
o r.-r I
Customer shall indemnify, defend and hold harmless, and releases llD, its affiliates, subsidiaries, parent companies (including lmperial lrragation District), officers, directors, agents and employees, from and against all claims, demands, losses, damages, costs. expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way conn€cted with any: (1) inJury to or death of persons; (2 ) injury to or destruction of propertyj (3) violation of local, state, and/or federal law, common law. statute, or regulation, including but not limited to environmental laws or reBUlations; or (4) strict liability imposed by any provision of law; so long as such injury, violation, or strict liability (as set forth in {1) - {4)above) arises from or is in any way attributable to Customer's performance of, or failure to perform, this Agreement, however caused, regardless of any fault of llD whether active or passive, excepting only such loss, damage, cost, exp€nse, liability, strict liability, or violation of law or regulation that is caused by llD, its officers, managers or employees. Customer acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way attributable to the release or spill of any legally designated hazardous material or waste arising from the performance of this Agreement are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitofln& containment, abatement, removal, repair, cleanup, restoration, remed ial work, penalties, and fines arising from strict liability, or violation of any local, state, or federal law or regulation, attorney's fees, d isbu rsements, and other response costs incurred as a result of such releases or spills are expressly within the scope of this indemnity.
llD shall not be liable for any special, incidental, ,ndirect, or consequential damages to Customer or to any third party or entity based on its performance or failure to perform this Agreement, or any aspect of performance contained herern.

This Agreement, together with the documents incorporated by reference pursuant to Paragraph 1.1, above, constitutes the entire Agreement and understanding between the Parties as to the subject matter, terms and conditions ofthe Agreement. lt supersedes all prior or contemporaneous Agreements, commitments, representations, writings, and discussions between Customer and llD, whether oral or written, and has been induced by no representations, statements or Agreements other than those expressed herein. Neither Customer nor llD shall be bound by any prior or contemporaneous obligations, conditions, warranties or representations with respect to this Agreement.

15. NO ORAL MODIFICATION OF AGREEMENT
No amendment, modification or change to this Agreement shall be binding or effective unless expressly set forth in writing and signed by an llD representative authorized to execute such an aBreement.

16. W RITTE N NOT CE
Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by email, nationally recognized overnight courier, or first-class mail, postage prepaid, to the addresses specified below:

IM PERIAL IRRIGATION DISTRICT
Public Eenefits Program Specialist
P. O. Box 937
lmperial, CA 92251
Office N u mber: 7 60-482-3306
Notices shall be deemed received (1) if personally or hand delivered, upon the date of delivery to the add ress of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the business day following personal deliveryi (2) if mailed, three Business Days after the date the notice is postmarked; {3) if by email, followed by telephone notification of transmission by the noticing Party; or (4) if by overnight courier, on the business day following delivery to the overnight courier within the time limits set by that courier for next'day delivery.
3 PUBLIC GREEN SPACE GRANTS. FUNDING AGREEI\4ENT

17. CON FLICTS BETWEEN TE RMS
Should a conflict exist between the main body of this Agreement and the documents incorporated by reference, the main body of this Agreement shall control. Should a conflict exist between an applicable federal, state, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order or code shall control. Varying degrees of stringency among the main body ofthis Agreement, the Documents lncorporated by Reference, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immed iately upon the identification of any conflict or inconsistency concerning this Agreement. 18, GOVERNING LAW
Th is Agreement shall be interpreted in accordance with the su bstantive and procedural laws of the State of Californ ia. All actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in State court located in the Cou nty of lmperial, State of California and/or Federal Court located in the County of lmperial or 5an Die8o, State of Californ ia. The aforementioned choice of venue is mandatory, thereby preclud ing the possibility of litigation between the Parties with respect to or arising out of th is Agreement in any ju risd iction other than that specified in this paragraph. Each Party hereby waives any right it may have to assert the doctrine of forum non conveniens or a similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the Counties of lmperial and San Diego, California, respectively, shall have in personal jurisdiction and venue over each of them for the pu rpose of litigating any d ispute or proceed ing arising out of or related to this Agreement. Each party hereby authorizes service of process sufficient for personal jurisdiction in any action against it at the address and in the man ner for the giving of notice as set forth in this Agreement. 1!
This Agreement has been executed by the duly authorized officers of the Parties and shall be effective as of the date of execution.

CUSTOM E R
Organ ization Name
Name (Print)
Title
Date
-t_

OI STRJCT IID
4 Signaturel

DATE SUBMITTED
UBMITTED 13Y

DA TE ACTIO REQUIRED
06/11/25
Police Department
06/18/25
Agenda Item o.

COUNCIL ACTION (X )

PUBLIC HEARING REQUIRED ( )

RE OLUTIO ( )

ORDI A CE J
5T READING ( )
ORDINA CE 2 o READI G ( )

CITY CLERK'S I ITIALS ( )

IMPERIAL CITY COUNCIL

AGENDA ITEM

SUBJECT DISCUSSION/ACTIO

1. Approval to Accept Updates to the Imperial Police Department Policy Manual through Lcxipol
DEPARTME TI VOLVED:

Police
BACKGROUND/SUMMARY:

The Police Department has undertaken a comprehensive review of its policy manual. This review identified several areas requiring revision, including:
• Outdated policies that no longer reflect current law enforcement practices; • Policies that were originally included but are not applicable or relevant to the operations of our department;
• Policies that require revision or addition to ensure compliance with updated state and federal laws, as well as best practices in policing.

The department's goal is to maintain a policy manual that is clear, current, legally compliant, and tailored to the specific needs and operational reality of our jurisdiction. The revised policy manual has been reviewed for legal compliance and alignment with contemporary policing standards. Adoption of these updates will support effective operations, legal compliance, officer accountability, and public trust. The Policy updates have been reviewed and accepted by the IPOA.

FISCAL IMPACT:

None
STAr-F RECOMME DATION: Approve
MA AGER"S RECOMME1 DATIO :

MOTIO
1 7
1 A CE

INITIALS
DEPT. I ITIALS � �CA
CITY
MA AGER·s

I ITIALS
C-4

APPROVED
O
DtSAPPROVI-tD (
)
RI]JDC'IDD
I)l-lFtlRRllD
((
))
Rl l[RI{l]l) Io
SF]C.ONDtiD:

AYI]S:

NAYF]S:

AI]SENT:

Mayor James Tucker and Members of the City Council
Aaron Reel, Police Chief
RE: lmperial Police Department Policy Update
June 11, 2025
Respectfully,
Aaron Reel
Police Chief
lmperial Police Department
Dear Mayor Tucker and City Council Members,
On behalf of the lmperial Police Department, I respectfully submit for your review and approval the updated lmperial Police Department Policy and Procedure Manual.

This revision reflects a comprehensive update incorporating several important elements:
. Newly mandated legal and regulatory changes, ensuring full compliance with current federal, state, and local laws. These are regularly offered as timely updates from Lexipol@ who is our policy, procedure, and training update vendor; . Preferred industry standards and best practices, promoting effective, accountable, and California focused law enforcement updates and practices; . Department-specific operational modifications, tailored by IPD staff/su pervision and lmperial Police Officer Association representatives to meet the evolving needs and unique circumstances of our agency and personnel
our commitment to maintaining a transparent, professional, and legally sound department remains paramount. The proposed updates are the result of a thorough internal review process involving subject matter experts, command staff, PoA and the city Attorney. we welcome any feedback or questions the council may have and stand ready to provide additional information or clarification as needed. Thank you for your continued support in ensuring effective public safety services for our city.

Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Law Enforcement Code of Ethics - 1

LAW ENFORCEMENT CODE OF ETHICS
As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.

I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.

Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Table of Contents - 2 Table of Contents
Law Enforcement Code of Ethics . . . . . . . . . . . . . . . . . . 1 Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 7 100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . . 8 101 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 10 102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 11 103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 12 104 - Law Enforcement Code of Ethics . . . . . . . . . . . . . . . 14 Chapter 2 - Organization and Administration . . . . . . . . . . . . . 15 200 - Organizational Structure and Responsibility . . . . . . . . . . . . 16 201 - Departmental Directives . . . . . . . . . . . . . . . . . . 17 202 - Emergency Management Plan . . . . . . . . . . . . . . . . 18 203 - Training . . . . . . . . . . . . . . . . . . . . . . . 19 204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 22 205 - Administrative Communications . . . . . . . . . . . . . . . . 24 206 - Staffing Levels . . . . . . . . . . . . . . . . . . . . . 25 207 - License to Carry a Firearm . . . . . . . . . . . . . . . . . 26 208 - Retiree Concealed Firearms . . . . . . . . . . . . . . . . . 33 Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 38 300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 39 301 - Use of Force Review Boards . . . . . . . . . . . . . . . . . 50 302 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 53 303 - Control Devices and Techniques . . . . . . . . . . . . . . . 58 304 - Conducted Energy Device . . . . . . . . . . . . . . . . . . 63 305 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 70 306 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 79 307 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 89 308 - Officer Response to Calls . . . . . . . . . . . . . . . . . 101 309 - Canines . . . . . . . . . . . . . . . . . . . . . . . 104 310 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 114 311 - Search and Seizure . . . . . . . . . . . . . . . . . . . 121 312 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 123 313 - Adult Abuse . . . . . . . . . . . . . . . . . . . . . . 134 314 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 148 315 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 154 316 - Missing Persons . . . . . . . . . . . . . . . . . . . . 162 317 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 168 318 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 175 319 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 178 320 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 189 321 - Information Technology Use . . . . . . . . . . . . . . . . . 196 322 - Department Use of Social Media . . . . . . . . . . . . . . . 200 Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Table of Contents - 3 323 - Report Preparation . . . . . . . . . . . . . . . . . . . 203 324 - Media Relations . . . . . . . . . . . . . . . . . . . . 208 325 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 212 326 - Reserve Officers . . . . . . . . . . . . . . . . . . . . 215 327 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 221 328 - Registered Offender Information . . . . . . . . . . . . . . . 223 329 - Major Incident Notification . . . . . . . . . . . . . . . . . 226 330 - Death Investigation . . . . . . . . . . . . . . . . . . . 228 331 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 231 332 - Communications with Persons with Disabilities . . . . . . . . . . . 232 333 - Private Persons Arrests . . . . . . . . . . . . . . . . . . 240 335 - Limited English Proficiency Services . . . . . . . . . . . . . . 242 336 - Mandatory Employer Notification . . . . . . . . . . . . . . . 250 337 - Biological Samples . . . . . . . . . . . . . . . . . . . 252 338 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 255 339 - Public Safety Video Surveillance System . . . . . . . . . . . . 261 340 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 265 341 - Service Animals . . . . . . . . . . . . . . . . . . . . 269 342 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 272 343 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 278 344 - Gun Violence Restraining Orders . . . . . . . . . . . . . . . 280 345 - Native American Graves Protection and Repatriation . . . . . . . . . 286 346 - Community Relations . . . . . . . . . . . . . . . . . . . 288 347 - Generative Artificial Intelligence Use . . . . . . . . . . . . . . 291 Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 295 400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 296 401 - Bias-Based Policing . . . . . . . . . . . . . . . . . . . 298 402 - Briefing Training . . . . . . . . . . . . . . . . . . . . 302 403 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 303 404 - Crisis Response Unit . . . . . . . . . . . . . . . . . . . 305 405 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 316 406 - Hazardous Material Response . . . . . . . . . . . . . . . . 319 407 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 321 408 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 326 409 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 331 410 - Mental Illness Commitments . . . . . . . . . . . . . . . . 336 411 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 341 412 - Foreign Diplomatic and Consular Representatives . . . . . . . . . . 345 413 - Rapid Response and Deployment . . . . . . . . . . . . . . . 349 415 - Immigration Violations . . . . . . . . . . . . . . . . . . 352 416 - Emergency Utility Service . . . . . . . . . . . . . . . . . 358 417 - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 359 418 - Field Training Officer Program . . . . . . . . . . . . . . . . 363 419 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 366 420 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 367 421 - Criminal Organizations . . . . . . . . . . . . . . . . . . 371 Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Table of Contents - 4 422 - Watch Commanders . . . . . . . . . . . . . . . . . . . 376 423 - Mobile Audio/Video . . . . . . . . . . . . . . . . . . . 377 424 - Mobile Digital Computer Use . . . . . . . . . . . . . . . . 384 425 - Portable Audio/Video Recorders . . . . . . . . . . . . . . . 387 426 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 392 427 - Medical Marijuana . . . . . . . . . . . . . . . . . . . . 395 428 - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . 400 429 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 404 430 - Automated License Plate Readers (ALPRs) . . . . . . . . . . . . 409 431 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 412 432 - First Amendment Assemblies . . . . . . . . . . . . . . . . 415 433 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 423 434 - Suspicious Activity Reporting . . . . . . . . . . . . . . . . 426 435 - Body Worn Cameras . . . . . . . . . . . . . . . . . . . 428 436 - Medical Aid and Response . . . . . . . . . . . . . . . . . 440 436 - Body-Worn Cameras . . . . . . . . . . . . . . . . . . . 446 Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 455 500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 456 501 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 459 502 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 462 503 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 467 504 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 469 505 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 475 506 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 478 507 - 72-Hour Parking Violations . . . . . . . . . . . . . . . . . 479 Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 481 600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 482 601 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 489 602 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 495 603 - Informants . . . . . . . . . . . . . . . . . . . . . . 502 604 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 508 605 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 512 606 - Unmanned Aerial System (UAS) Operations . . . . . . . . . . . 514 607 - Warrant Service . . . . . . . . . . . . . . . . . . . . 517 608 - Operations Planning and Deconfliction . . . . . . . . . . . . . 521 609 - Forensic Genetic Genealogy . . . . . . . . . . . . . . . . 527 Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 531 700 - Department Owned and Personal Property . . . . . . . . . . . . 532 701 - Personal Communication Devices . . . . . . . . . . . . . . . 534 702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 538 703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 541 704 - Cash Handling, Security and Management . . . . . . . . . . . . 548 705 - Personal Protective Equipment . . . . . . . . . . . . . . . . 550 706 - Military Equipment . . . . . . . . . . . . . . . . . . . . 555 Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Table of Contents - 5 Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 558 800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 559 801 - Dispatch . . . . . . . . . . . . . . . . . . . . . . . 560 802 - Property and Evidence . . . . . . . . . . . . . . . . . . 566 803 - Records Bureau . . . . . . . . . . . . . . . . . . . . 575 804 - Restoration of Firearm Serial Numbers . . . . . . . . . . . . . 580 805 - Records Maintenance and Release . . . . . . . . . . . . . . 582 806 - Protected Information . . . . . . . . . . . . . . . . . . . 592 807 - Computers and Digital Evidence . . . . . . . . . . . . . . . 596 807 - Animal Control . . . . . . . . . . . . . . . . . . . . . 600 808 - Jeanne Clery Campus Security Act . . . . . . . . . . . . . . 604 Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 610 900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . 611 901 - Custodial Searches . . . . . . . . . . . . . . . . . . . 624 902 - Prison Rape Elimination . . . . . . . . . . . . . . . . . . 630 Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 640 1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 641 1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 648 1002 - Special Assignments and Promotions . . . . . . . . . . . . . 652 1003 - Grievance Procedure . . . . . . . . . . . . . . . . . . 654 1004 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . 656 1005 - Reporting of Employee Convictions . . . . . . . . . . . . . . 660 1006 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . 662 1007 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 665 1008 - Communicable Diseases . . . . . . . . . . . . . . . . . 667 1009 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 672 1010 - Personnel Complaints . . . . . . . . . . . . . . . . . . 673 1011 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 685 1012 - Body Armor . . . . . . . . . . . . . . . . . . . . . 687 1013 - Personnel Records . . . . . . . . . . . . . . . . . . . 689 1014 - Request for Change of Assignment . . . . . . . . . . . . . . 697 1015 - Commendations and Awards . . . . . . . . . . . . . . . . 698 1016 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 700 1017 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 703 1018 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 704 1019 - Payroll Records . . . . . . . . . . . . . . . . . . . . 706 1020 - Overtime Compensation Requests . . . . . . . . . . . . . . 707 1022 - Occupational Disease and Work-Related Injury Reporting . . . . . . . 709 1023 - Personal Appearance Standards . . . . . . . . . . . . . . . 711 1023 - Outside Employment . . . . . . . . . . . . . . . . . . 715 1024 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 719 1025 - Police Cadets . . . . . . . . . . . . . . . . . . . . . 725 1026 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 727 1027 - Department Badges . . . . . . . . . . . . . . . . . . . 730 1028 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . 732 Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Table of Contents - 6 1029 - Performance History Audits . . . . . . . . . . . . . . . . 736 1030 - Employee Speech, Expression and Social Networking . . . . . . . . 739 1031 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 743 1032 - Line-of-Duty Deaths . . . . . . . . . . . . . . . . . . . 748 1033 - Wellness Program . . . . . . . . . . . . . . . . . . . 753 Attachments . . . . . . . . . . . . . . . . . . . . . . . . 758 Supplemental Hate Crime Report-Agency.pdf . . . . . . . . . . . . . 759 Supplemental Hate Crime Report.pdf . . . . . . . . . . . . . . . . 760 Statutes and Legal Requirements.pdf . . . . . . . . . . . . . . . . 761 Hate Crime Checklist.pdf . . . . . . . . . . . . . . . . . . . . 762 Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Law Enforcement Role and Authority - 7 Chapter 1 - Law Enforcement Role and Authority
Policy
100
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Published with permission by Imperial Police Department ***DRAFT*** Law Enforcement Authority - 8 Law Enforcement Authority
100.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the authority of the members of the Imperial Police Department to perform their functions based on established legal authority. 100.2 POLICY
It is the policy of the Imperial Police Department to limit its members to only exercise the authority granted to them by law.

While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. 100.3 PEACE OFFICER POWERS
Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.).
100.3.1 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE IMPERIAL POLICE

DEPARTMENT
The arrest authority within the jurisdiction of the Imperial Police Department includes (Penal Code § 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b) When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c) When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d) When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses.
(e) In compliance with an arrest warrant.
100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE IMPERIAL POLICE

DEPARTMENT
The arrest authority outside the jurisdiction of the Imperial Police Department includes (Penal Code § 830.1; Penal Code § 836):
(a) When the officer has probable cause to believe the person committed a felony. (b) When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape.

Imperial Police Department
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Law Enforcement Authority
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Published with permission by Imperial Police Department ***DRAFT*** Law Enforcement Authority - 9 (c) When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute. (d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made.
(e) In compliance with an arrest warrant.

On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency.

On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.
100.3.3 DELIVERY TO NEAREST MAGISTRATE
When an officer makes an arrest pursuant to a warrant with bail set, and the warrant was issued in a county other than where the person was arrested, the officer shall inform the person in writing of the right to be taken before a magistrate in the county where the arrest occurred (Penal Code § 821; Penal Code § 822).
100.3.4 TIME OF MISDEMEANOR ARRESTS
Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840):
(a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes:
(a) A misdemeanor committed in the presence of the officer. (b) Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b) The arrest is made in a public place.
(c) The arrest is made with the person in custody pursuant to another lawful arrest. (d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.
100.4 CONSTITUTIONAL REQUIREMENTS
All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions.

Policy
101
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Published with permission by Imperial Police Department ***DRAFT*** Chief Executive Officer - 10 Chief Executive Officer
101.1 PURPOSE AND SCOPE
The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods.
101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS
Any chief executive officer of this department appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4).

Policy
102
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Imperial PD Policy Manual
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Published with permission by Imperial Police Department ***DRAFT*** Oath of Office - 11 Oath of Office
102.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members.
102.2 OATH OF OFFICE
All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows:
“I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”
102.3 MAINTENANCE OF RECORDS
The oath of office shall be filed as prescribed by law (Government Code § 3105).

Policy
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Published with permission by Imperial Police Department ***DRAFT*** Policy Manual - 12 Policy Manual
103.1 PURPOSE AND SCOPE
The manual of the Imperial Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual.

All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual.
103.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident.
103.3 AUTHORITY
The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue Departmental Directives, which shall modify those provisions of the manual to which they pertain. Departmental Directives shall remain in effect until such time as they may be permanently incorporated into the manual.
103.4 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee.

Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Departmental Directives. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand.
103.5 PERIODIC REVIEW OF THE POLICY MANUAL
The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary.

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Policy Manual
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Published with permission by Imperial Police Department ***DRAFT*** Policy Manual - 13 103.6 REVISIONS TO POLICIES
All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed.

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

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

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

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Published with permission by Imperial Police Department ***DRAFT*** Law Enforcement Code of Ethics - 14 Law Enforcement Code of Ethics
104.1 LAW ENFORCEMENT CODE OF ETHICS
AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against abuse or disorder; and to respect the constitutional rights of all to liberty, equality and justice.

I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before god to my chosen profession... law enforcement.

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Published with permission by Imperial Police Department ***DRAFT*** Organization and Administration - 15 Chapter 2 - Organization and Administration
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Published with permission by Imperial Police Department ***DRAFT*** Organizational Structure and Responsibility - 16 Organizational Structure and Responsibility
200.1 PURPOSE AND SCOPE
The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.2 DIVISIONS
The Chief of Police is responsible for administering and managing the Imperial Police Department.

There are three divisions in the Police Department as follows:
• Administration Division
• Patrol Division
• Investigation Division
200.2.1 ADMINISTRATION DIVISION
The Administration Division is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Administration Division. The Administration Division consists of Technical Services and Administrative Services. 200.2.2 PATROL DIVISION
The Patrol Division is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Patrol Division. The Patrol Division consists of Uniformed Patrol and Special Operations, which includes Traffic, Dispatch and Police Aides/Assistants.

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Published with permission by Imperial Police Department ***DRAFT*** Departmental Directives - 17 Departmental Directives
201.1 PURPOSE AND SCOPE
Departmental Directives establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code § 3500 et seq.

Departmental Directives will immediately modify or change and supersede sections of this manual to which they pertain.
201.1.1 DEPARTMENTAL DIRECTIVE PROTOCOL
Departmental Directives will be incorporated into the manual as required upon approval of Staff.

Departmental Directives will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual.

All existing Departmental Directives have now been incorporated in the updated Policy Manual as of the below revision date.

Any Departmental Directives issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 01. For example, 12-01 signifies the first Departmental Directive for the year 2012. 201.2 RESPONSIBILITIES
201.2.1 STAFF
The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a Departmental Directive.
201.2.2 CHIEF OF POLICE
The Chief of Police shall issue all Departmental Directives. 201.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES
All employees are required to read and obtain any necessary clarification of all Departmental Directives. All employees are required to acknowledge in writing the receipt and review of any new Departmental Directive. Signed acknowledgement forms and/or e-mail receipts showing an employee’s acknowledgement will be maintained by the Training Sergeant.

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202
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Published with permission by Imperial Police Department ***DRAFT*** Emergency Management Plan - 18 Emergency Management Plan
202.1 PURPOSE AND SCOPE
The City has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610).
202.2 ACTIVATING THE EMERGENCY PLAN
The Emergency Management Plan can be activated on the order of the official designated by local ordinance.
202.2.1 RECALL OF PERSONNEL
In the event that the Emergency Management Plan is activated, all employees of the Imperial Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee.

Failure to promptly respond to an order to report for duty may result in discipline. 202.3 LOCATION OF THE PLAN
The Emergency Management Plan is available in Administration and the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan. The Administration supervisor should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented. 202.4 UPDATING OF MANUALS
The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions.

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203
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Published with permission by Imperial Police Department ***DRAFT*** Training - 19 Training
203.1 PURPOSE AND SCOPE
It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community.
203.2 PHILOSOPHY
The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates.

Whenever possible, the Department will use courses certified by the California Commission on Peace Officer Standards and Training (POST).
203.3 OBJECTIVES
The objectives of the Training Program are to:
(a) Enhance the level of law enforcement service to the public. (b) Increase the technical expertise and overall effectiveness of our personnel. (c) Provide for continued professional development of department personnel. (d) Ensure compliance with POST rules and regulations concerning law enforcement training.
203.4 TRAINING PLAN
A training plan will be developed and maintained by the Training Sergeant. It is the responsibility of the Training Sergeant to maintain, review, and update the training plan on an annual basis. The plan will address the following areas:
(Agency-specific training areas)
203.5 TRAINING NEEDS ASSESSMENT
The Training Unit will conduct an annual training-needs assessment of the Department. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year.
203.6 TRAINING PROCEDURES
(a) All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following:

1. Court appearances
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Published with permission by Imperial Police Department ***DRAFT*** Training - 20

2. First choice vacation

3. Sick leave

4. Physical limitations preventing the employee’s participation.

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

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

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

3. Make arrangements through his/her supervisor and the Training Sergeant to attend the required training on an alternate date.
203.7 DAILY TRAINING BULLETINS
The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the Imperial Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Sergeant.

Personnel assigned to participate in DTBs should only use the password and login name assigned to them by the Training Sergeant. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department.

Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment unless directed otherwise by a supervisor.

Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy.
203.8 POLICY
The Department shall administer a training program that will meet the standards of federal, state, local, and POST training requirements. It is a priority of this department to provide continuing education and training for the professional growth and development of its members.

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Training
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Published with permission by Imperial Police Department ***DRAFT*** Training - 21 203.9 TRAINING SERGEANT
The Chief of Police shall designate a Training Sergeant who is responsible for developing, reviewing, updating, and maintaining the department training plan so that required training is completed. The Training Sergeant should review the training plan annually. 203.9.1 TRAINING RESTRICTION
The Training Sergeant is responsible for establishing a process to identify officers who are restricted from training other officers for the time period specified by law because of a sustained use of force complaint (Government Code § 7286(b)).

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Published with permission by Imperial Police Department ***DRAFT*** Electronic Mail - 22 Electronic Mail
204.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of the Department's electronic mail (email) system by employees of this department. Email is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act). Messages transmitted over the email system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Department.
204.2 EMAIL RIGHT OF PRIVACY
All email messages, including any attachments, that are transmitted over department networks are considered department records and therefore are department property. The Department reserves the right to access, audit or disclose, for any lawful reason, any message including any attachment that is transmitted over its email system or that is stored on any department system.

The email system is not a confidential system since all communications transmitted on, to or from the system are the property of the Department. Therefore, the email system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of email. Employees using the Department's email system shall have no expectation of privacy concerning communications utilizing the system.

Employees should not use personal accounts to exchange email or other information that is related to the official business of the Department.
204.3 PROHIBITED USE OF EMAIL
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited and may result in discipline.

Email messages addressed to the entire department are only to be used for official business related items that are of particular interest to all users and must be approved by the Chief of Police or a Division Commander. Personal advertisements are not acceptable.

It is a violation of this policy to transmit a message under another user’s name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual’s email, name and/or password by others. 204.4 EMAIL RECORD MANAGEMENT
Email may, depending upon the individual content, be a public record under the California Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law.

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Electronic Mail
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Published with permission by Imperial Police Department ***DRAFT*** Electronic Mail - 23 The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy.

Policy
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Published with permission by Imperial Police Department ***DRAFT*** Administrative Communications - 24 Administrative Communications
205.1 PURPOSE AND SCOPE
Administrative communications of this department are governed by the following policies. 205.2 MEMORANDUMS
Memorandums may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status.
205.3 CORRESPONDENCE
In order to ensure that the letterhead and name of the Department are not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor. 205.4 SURVEYS
All surveys made in the name of the Department shall be authorized by the Chief of Police or a Division Commander.

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Published with permission by Imperial Police Department ***DRAFT*** Staffing Levels - 25 Staffing Levels
206.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that proper supervision is available for all shifts.

The Department intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Department. 206.2 MINIMUM STAFFING LEVELS
Minimum staffing levels should result in the scheduling of at least two regular supervisors on duty whenever possible. Watch Commanders will ensure that at least one field supervisor is deployed during each watch, in addition to the Watch Commander.
206.2.1 SUPERVISION DEPLOYMENTS
In order to accommodate training and other unforeseen circumstances, an officer may be used as field supervisors in place of a field sergeant.

With prior authorization from the Patrol Division Commander, an officer may act as the Watch Commander for a limited period of time .

Policy
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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 26 License to Carry a Firearm
207.1 PURPOSE AND SCOPE
The purpose of this policy is to provide a written process for the application, issuance, denial, appeal, and revocation of a license to carry a firearm (Penal Code § 26150; Penal Code § 26155). 207.1.1 APPLICATION OF POLICY
Nothing in this policy shall preclude the Chief or other head of a municipal police department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police department to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155).
207.2 POLICY
The Imperial Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy.
207.3 QUALIFIED APPLICANTS
In order to qualify for a license to carry a firearm, the applicant must:
(a) Be deemed not to be a disqualified person as provided in Penal Code § 26202. (b) Be deemed not to be prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26185; Penal Code § 26195). (c) Be a resident of the City of Imperial (Penal Code § 26150; Penal Code § 26155). (d) Be at least 21 years of age, and present clear evidence of identity and age as defined in Penal Code § 16400 (Penal Code § 26150; Penal Code § 26155). (e) Fully complete the California Department of Justice (DOJ) application (Penal Code § 26175).
(f) Submit fingerprints and a complete criminal background check (Penal Code § 26185). (g) Pay all associated application fees (Penal Code § 26190). (h) Be the recorded owner of the firearm, with the California DOJ, for which the license will be issued, as determined by the Imperial Police Department (Penal Code § 26162). (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190).
(j) Complete required training described in Penal Code § 26165. 207.4 APPLICATION PROCESS
The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied.

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License to Carry a Firearm
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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 27 207.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS)
(a) Any individual applying for a license to carry a firearm shall first fully complete a California DOJ application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180).

1. If an incomplete application package is received, the Chief of Police or the authorized designee may do any of the following:
(a) Require the applicant to complete the package before any further processing.
(b) Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions.
(c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction).
(b) Applicant fees shall be submitted and processed according to department-established procedures and Penal Code § 26190.

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

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

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

Within 90 days of receiving the completed application for a new license, the Department shall give written notice to the applicant of the Department's initial determination, based on its preliminary investigation, whether or not the applicant is a disqualified person (Penal Code § 26202).

If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165. 207.4.2 PHASE TWO
This phase is to be completed only by those applicants successfully completing phase one. (a) Fingerprints and related information required by the California DOJ shall be submitted to the California DOJ as provided in Penal Code § 26185.

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License to Carry a Firearm
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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 28 (b) The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Department for psychological testing. The cost of such psychological testing shall be paid by the applicant but shall not exceed the reasonable costs to the Department (Penal Code § 26190).
(c) The applicant shall complete a course of training approved by the Department, which complies with Penal Code § 26165.
(d) The applicant shall submit any firearm to be considered for a license to the Rangemaster or other department authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer's specifications or that is unsafe (Penal Code § 31910).
(e) The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Rangemaster, or provide proof of successful completion of another department-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/ examination shall be the responsibility of the applicant.

Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied (Penal Code § 26170). 207.5 ISSUED FIREARMS PERMITS
In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply:
(a) The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner, and circumstances under which a person may carry the firearm (Penal Code § 26200(b)).

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

2. The licensee will be required to sign a Restrictions and Conditions Agreement.

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

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

2. A license issued to any reserve peace officer as defined in Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 29 Penal Code § 831.5 will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual's conclusion of service as a reserve officer.
(d) If the licensee's place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210).
(e) The licensee shall notify this department in writing within 10 days of any change of place of residency. Within 10 days of receiving such notice, the Department shall notify the California DOJ (Penal Code § 26210).
207.5.1 AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Department in order to (Penal Code § 26215):
(a) Add or delete authority to carry a firearm listed on the license. (b) Change restrictions or conditions previously placed on the license. (c) Change the address or other personal information of the licensee (Penal Code § 26210).

In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.
207.5.2 REVOCATION OF LICENSES
Any license issued pursuant to this policy shall be revoked by the Chief of Police for any of the following reasons (Penal Code § 26195):
(a) The licensee is prohibited by state or federal law from owning or purchasing a firearm. (b) The licensee has become a disqualified person and cannot receive such a license in accordance with the standards set forth in Penal Code § 26202. (c) The licensee has breached any of the conditions or restrictions described in Penal Code § 26200.
(d) Any information provided by a licensee in connection with an application for a new license or a license renewal is inaccurate or incomplete. (e) If the license is one to carry "loaded and exposed," the license shall be revoked immediately upon a change of the licensee's place of residence to another county (Penal Code § 26210).

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

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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 30 If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225).
207.5.3 LICENSE RENEWAL
No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by:
(a) Verifying all information submitted in the original application under penalty of perjury. (b) Completing a training course pursuant to Penal Code § 26165. (c) Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer's specifications or that is unsafe (Penal Code § 31910).
(d) Paying the applicable renewal application fee.

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

Once the Chief of Police or the authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied. 207.6 DEPARTMENT REPORTING AND RECORDS
The Department shall maintain a record of the following and immediately provide copies of each to the California DOJ (Penal Code § 26225):
(a) The denial of a license
(b) The denial of an amendment to a license
(c) The issuance of a license
(d) The amendment of a license
(e) The revocation of a license
The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 207.7 CONFIDENTIAL RECORDS
The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner, or judge contained in an application shall not be considered a public record (Government Code § 7923.805).

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Published with permission by Imperial Police Department ***DRAFT*** License to Carry a Firearm - 31 207.8 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses and these applicants should be referred to the Sheriff's Office (Penal Code § 26150).

An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of working hours in the applicant's principal place of employment or business within the City of Imperial (Penal Code § 26150).
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220).
(c) The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d) Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 207.9 WRITTEN NOTICE FOR DENIAL OF LICENSE
The Chief of Police or the authorized designee shall give written notice to the applicant for a new license that the license is approved or denied within 120 days of the initial application or within 30 days after receipt of the applicant's criminal background check from the California DOJ, whichever is later (Penal Code § 26205).

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

Additionally, regardless of the type of license, if the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).
207.9.1 ADDITIONAL REQUIREMENTS
If an application for a new license, renewal of a license, or revocation is denied based on a determination that the person is a disqualified person as provided by Penal Code § 26202, the Chief of Police or the authorized designee shall provide the person with the notice of determination as provided by Penal Code § 26202(d), Penal Code § 26205, or Penal Code § 26195(b)(3). The notice shall state the reason why the determination was made and inform the applicant that they may request a hearing from a court. The Department shall also provide the most recent California DOJ hearing request form to the applicant (Penal Code § 26206).

If an application for a new license, renewal of a license, or revocation is denied for any other reason as described in Penal Code § 26206(i), the Chief of Police or the authorized designee shall provide the person with the notice required under Penal Code § 26205 or Penal Code § 26195(b) Imperial Police Department
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This policy shall be made accessible to the public as provided by Penal Code § 26160.

Policy
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208.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Imperial Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 208.2 POLICY
It is the policy of the Imperial Police Department to provide identification cards to qualified former or retired officers as provided in this policy.
208.3 LEOSA
The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (18 USC § 926C(c)):
(a) Separated from service in good standing from this department as an officer. (b) Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. (c) Has not been disqualified for reasons related to mental health. (d) Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health.
(e) Is not prohibited by federal law from receiving or possessing a firearm. 208.3.1 LEOSA IDENTIFICATION CARD FORMAT
The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer.

If the Imperial Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Department to meet the active duty standards for qualification to carry a firearm. 208.3.2 AUTHORIZATION
Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is:
(a) In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following:

1. An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement Imperial Police Department
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2. A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state.
(b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(c) Not prohibited by federal law from receiving a firearm. (d) Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 208.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE
Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455).
(a) For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination.
(b) No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305).
208.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT
The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460):
(a) A photograph of the retiree.
(b) The retiree’s name and date of birth.
(c) The date of retirement.
(d) The name and address of this department.
(e) A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.” 208.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Imperial Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905):

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Published with permission by Imperial Police Department ***DRAFT*** Retiree Concealed Firearms - 35 (a) The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved.
(b) This department is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status.
(c) The retiree is in compliance with all of the requirements of this department for the issuance of a CCW Approved endorsement.
208.4.3 QUALIFIED RETIRED RESERVES
Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). 208.5 FORMER OFFICER RESPONSIBILITIES
A former officer with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy. 208.5.1 RESPONSIBILITIES UNDER LEOSA
In order to obtain or retain a LEOSA identification card, the former officer shall:
(a) Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department.
(b) Remain subject to all applicable department policies and federal, state and local laws. (c) Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm.
(d) Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 208.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305):
(a) Qualify annually with the authorized firearm at a course approved by this department at the retired officer’s expense.
(b) Remain subject to all applicable department policies and federal, state and local laws. (c) Not engage in conduct that compromises public safety. (d) Only be authorized to carry a concealed firearm inspected and approved by the Department.
208.6 DENIAL, SUSPENSION, OR REVOCATION OF A LEOSA IDENTIFICATION CARD A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Department. In the event that an identification card is denied, suspended, or Imperial Police Department
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208.7 DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW

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

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

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

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

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

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

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

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

3. The personal and written notification should be as follows:
(a) The retiree’s CCW endorsement is immediately and temporarily suspended.
(b) The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c) The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period.

4. In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Department to deliver the written notification. 208.8 FIREARM QUALIFICATIONS
The Rangemaster may provide former officers from this department an opportunity to qualify.

Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used.

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

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

Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy.
300.1.1 DEFINITIONS
Definitions related to this policy include:

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

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

Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained.

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

Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). 300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations.

This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 40 The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE
Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force.

When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.2 FAIR AND UNBIASED USE OF FORCE
Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance.
300.2.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)).

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.2.4 FAILURE TO INTERCEDE
An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)). 300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

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

Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 41 the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

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

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force.
300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a).
300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to:
(a) The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a).
(b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a).
(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The conduct of the involved officer leading up to the use of force (Penal Code § 835a). (e) The effects of suspected drugs or alcohol.
(f) The individual's apparent mental state or capacity (Penal Code § 835a). (g) The individual’s apparent ability to understand and comply with officer commands (Penal Code § 835a).
(h) Proximity of weapons or dangerous improvised devices.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 42 (i) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
(j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a).
(k) Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used.
(l) Training and experience of the officer.
(m) Potential for injury to officers, suspects, bystanders, and others. (n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
(o) The risk and reasonably foreseeable consequences of escape. (p) The apparent need for immediate control of the subject or a prompt resolution of the situation.
(q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
(r) Prior contacts with the subject or awareness of any propensity for violence. (s) Any other exigent circumstances.
300.3.3 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider:
(a) The degree to which the application of the technique may be controlled given the level of resistance.
(b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply.

The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.
300.3.4 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code § 7286.5).

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 43 300.3.5 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Imperial Police Department for this specific purpose.
300.3.6 ALTERNATIVE TACTICS - DE-ESCALATION
As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force:
(a) Summoning additional resources that are able to respond in a reasonably timely manner.
(b) Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c) Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to:
(a) Attempts to de-escalate a situation.
(b) If reasonably available, the use of crisis intervention techniques by properly trained personnel.
300.3.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Officers of this department are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5).
300.3.8 ADDITIONAL RESTRICTIONS
Terms such as "positional asphyxia," "restraint asphyxia," and "excited delirium" continue to remain the subject of debate among experts and medical professionals, are not universally recognized medical conditions, and frequently involve other collateral or controlling factors such as narcotics or alcohol influence or pre-existing medical conditions. While it is impractical to restrict an officer's use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual's breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once the individual is safely secured, officers Imperial Police Department
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300.4 DEADLY FORCE APPLICATIONS
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a).

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

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

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

Additionally, an officer should not use deadly force against a person whose actions are a threat solely to property.

An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means Imperial Police Department
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Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.4.2 DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)):
(a) If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual.
(b) If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat.

Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation.
300.5.1 NOTIFICATION TO SUPERVISORS
Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13):
(a) The application caused a visible injury.
(b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
(c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a conducted energy device or control device. (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 46 (i) An individual alleges unreasonable force was used or that any of the above has occurred.

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Bureau Policy. 300.5.3 REPORT RESTRICTIONS
Officers shall not use the term "excited delirium" to describe an individual in an incident report.

Officers may describe the characteristics of an individual's conduct, but shall not generally describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited delirium" (Health and Safety Code § 24402).
300.6 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)).

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

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

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

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 47 See the Medical Aid and Response Policy for additional guidelines. 300.7 SUPERVISOR RESPONSIBILITY
A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)):
(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
(b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply:

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

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

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

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

In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.
300.7.1 WATCH COMMANDER RESPONSIBILITY
The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 48 300.8 TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)). 300.8.1 TRAINING REQUIREMENTS
Required annual training shall include:
(a) Legal updates.
(b) De-escalation tactics, including alternatives to force. (c) The duty to intercede.
(d) The duty to request and/or render medical aid.
(e) Warning shots (see the Firearms Policy).
(f) All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings). (g) Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10.

See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint.
300.8.2 STATE-SPECIFIC TRAINING REQUIREMENTS
Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)). 300.9 USE OF FORCE ANALYSIS
At least annually, the Patrol Division Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include:
(a) The identification of any trends in the use of force by members. (b) Training needs recommendations.
(c) Equipment needs recommendations.
(d) Policy revision recommendations.
300.10 USE OF FORCE COMPLAINTS
The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)).

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force - 49 300.11 POLICY REVIEW
The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)). 300.12 POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)).
300.13 PUBLIC RECORDS REQUESTS
Requests for public records involving an officer’s personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)).

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force Review Boards - 50 Use of Force Review Boards
301.1 PURPOSE AND SCOPE
This policy establishes a process for the Imperial Police Department to review the use of force by its employees.

This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force.
301.2 POLICY
The Imperial Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 301.3 REMOVAL FROM LINE DUTY ASSIGNMENT
Generally, whenever an employee’s actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case.
301.4 REVIEW BOARD
The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another.

The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use.

The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident.

The Administration Division Commander will convene the Use of Force Review Board as necessary. It will be the responsibility of the Division Commander or supervisor of the involved employee to notify the Administration Division Commander of any incidents requiring board review.

The involved employee’s Division Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 301.4.1 COMPOSITION OF THE BOARD
The Administration Division Commander should select five Use of Force Review Board members from the following, as appropriate:
• Representatives of each division
• Commanding officer in the involved member’s chain of command Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Use of Force Review Boards - 51 • Training Sergeant
• Non-administrative supervisor
• A peer officer
• A sworn peace officer from an outside law enforcement agency • Department instructor for the type of weapon, device or technique used The senior ranking command representative who is not in the same division as the involved employee will serve as chairperson.
301.4.2 RESPONSIBILITIES OF THE BOARD
The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident.

The board members may request further investigation, request reports be submitted for the board’s review, call persons to present information and request the involved employee to appear.

The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process.

The board does not have the authority to recommend discipline.

The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration.

Absent an express waiver from the employee, no more than two members of the board may ask questions of the involved employee (Government Code § 3303). Other members may provide questions to these members.

The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer’s decision regarding the use of force.

Any questioning of the involved employee conducted by the board will be in accordance with the department’s disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law.

The board shall make one of the following recommended findings:
(a) The employee’s actions were within department policy and procedure. (b) The employee’s actions were in violation of department policy and procedure.

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Published with permission by Imperial Police Department ***DRAFT*** Use of Force Review Boards - 52 A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police.

The Chief of Police shall review the recommendation, make a final determination as to whether the employee’s actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police’s final findings will be forwarded to the involved employee’s Division Commander for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated.

At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police.

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Published with permission by Imperial Police Department ***DRAFT*** Handcuffing and Restraints - 53 Handcuffing and Restraints
302.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests.
302.2 POLICY
The Imperial Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, and department training. Restraint devices shall not be used to punish, to display authority, or as a show of force.
302.3 USE OF RESTRAINTS
Only members who have successfully completed Imperial Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices.

When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to:
• The circumstances or crime leading to the arrest.
• The demeanor and behavior of the arrested person.
• The age and health of the person.
• Whether the person is known to be pregnant.
• Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes.
• Whether the person has any other apparent disability. 302.3.1 RESTRAINT OF DETAINEES
Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others.

When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 302.3.2 RESTRAINT OF PREGNANT PERSONS
Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property.

No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Handcuffing and Restraints - 54 determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030).
302.3.3 RESTRAINT OF JUVENILES
A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer, or damage property. 302.3.4 NOTIFICATIONS
Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail. 302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety.

Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances.

In most situations, handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists.

In situations where one pair of handcuffs does not appear sufficient to restrain the person or may cause unreasonable discomfort due to the person’s size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs.

Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility.
302.5 APPLICATION OF SPIT HOODS
Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others.

Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport.

Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and so that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Handcuffing and Restraints - 55 distorting that person's vision. Officers should avoid comingling those wearing spit hoods with other detainees.

Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated, including hair, head, and clothing, prior to application of a spit hood.

Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES
Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons, and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort, and mobility.

Only department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary.
302.7 APPLICATION OF LEG RESTRAINT DEVICES
Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest, or transportation. Only restraint devices approved by the Department shall be used.

In determining whether to use the leg restraint, officers should consider:
(a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a person.
(b) Whether it is reasonably necessary to protect the person from his/her own actions (e.g., hitting his/her head against the interior of the patrol vehicle, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol vehicle).
302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS
When applying leg restraints, the following guidelines should be followed:
(a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device.
(b) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat.

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Published with permission by Imperial Police Department ***DRAFT*** Handcuffing and Restraints - 56 (c) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person’s ability to breathe.
(d) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach.
(e) The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f) When transported by emergency medical services, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration). 302.8 REQUIRED DOCUMENTATION
If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints.

If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report.

Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person:
(a) The factors that led to the decision to use restraints. (b) Supervisor notification and approval of restraint use. (c) The types of restraint used.
(d) The amount of time the person was restrained.
(e) How the person was transported and the position of the person during transport. (f) Observations of the person’s behavior and any signs of physiological problems. (g) Any known or suspected drug use or other medical problems. 302.9 TRAINING
Subject to available resources, the Training Sergeant should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including:
(a) Proper placement and fit of handcuffs and other restraint devices approved for use by the Department.
(b) Response to complaints of pain by restrained persons. (c) Options for restraining those who may be pregnant without the use of leg irons, waist chains, or handcuffs behind the body.
(d) Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained.

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Published with permission by Imperial Police Department ***DRAFT*** Handcuffing and Restraints - 57 Policy
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Published with permission by Imperial Police Department ***DRAFT*** Control Devices and Techniques - 58 Control Devices and Techniques
303.1 PURPOSE AND SCOPE
This policy provides guidelines for the use and maintenance of control devices that are described in this policy.
303.2 POLICY
In order to control subjects who are violent or who demonstrate the intent to be violent, the Imperial Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy.
303.3 ISSUING, CARRYING AND USING CONTROL DEVICES
Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee.

Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device.

Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices.

When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets.
303.4 RESPONSIBILITIES
303.4.1 WATCH COMMANDER RESPONSIBILITIES
The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 303.4.2 RANGEMASTER RESPONSIBILITIES
The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced.

Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 303.4.3 USER RESPONSIBILITIES
All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices.

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Published with permission by Imperial Police Department ***DRAFT*** Control Devices and Techniques - 59 Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 303.5 BATON GUIDELINES
The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt or load bearing vest. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor.
303.6 TEAR GAS GUIDELINES
Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.

When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.
303.7 OLEORESIN CAPSICUM (OC) GUIDELINES
As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 303.7.1 OC SPRAY
Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt or load bearing vest. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 303.7.2 PEPPER PROJECTILE SYSTEMS
Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Control Devices and Techniques - 60 not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy.

Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used.

Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 303.7.3 TREATMENT FOR OC SPRAY EXPOSURE
Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 303.8 POST-APPLICATION NOTICE
Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense.

Information regarding the method of notice and the individuals notified should be included in related reports.
303.9 KINETIC ENERGY PROJECTILE GUIDELINES
This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 303.9.1 DEPLOYMENT AND USE
Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option.

Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior.

Circumstances appropriate for deployment include, but are not limited to, situations in which:

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Published with permission by Imperial Police Department ***DRAFT*** Control Devices and Techniques - 61 (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
303.9.2 DEPLOYMENT CONSIDERATIONS
Before discharging projectiles, the officer should consider such factors as:
(a) Distance and angle to target.
(b) Type of munitions employed.
(c) Type and thickness of subject’s clothing.
(d) The subject’s proximity to others.
(e) The location of the subject.
(f) Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate.

A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances.

The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed.

Officers should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment.

The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.
303.9.3 SAFETY PROCEDURES
Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such.

Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects.

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Published with permission by Imperial Police Department ***DRAFT*** Control Devices and Techniques - 62 When it is not deployed, the shotgun will be unloaded and properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun.

Absent compelling circumstances, officers who must transition from conventional ammunition to kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a safety measure in which a second officer watches the unloading and loading process to ensure that the weapon is completely emptied of conventional ammunition. 303.10 TRAINING FOR CONTROL DEVICES
The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary.
(a) Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor.
(b) All training and proficiency for control devices will be documented in the officer’s training file.
(c) Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline.
303.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES
Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy.

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 63 Conducted Energy Device
304.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device (CED). 304.2 POLICY
The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects. 304.3 ISSUANCE AND CARRYING CEDS
Only members who have successfully completed department -approved training may be issued and may carry the CED.

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

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

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

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

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

Non-uniformed officers may secure the CED in a concealed, secure location in the driver's compartment of their vehicles.
304.3.1 USER RESPONSIBILITIES
Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer's shift.

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

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 64 304.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances.

The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the CED may be deployed.

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

The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the CED in the related report. 304.5 USE OF THE CED
The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options.

If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety. 304.5.1 APPLICATION OF THE CED
The CED may be used, when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who:
(a) Is violent or is physically resisting.
(b) Has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, themself, or others.

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

The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual.
304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the CED on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the potential risk of using the device. This includes:
(a) Individuals who are known to be pregnant.

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 65 (b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained. (e) Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles).
(g) Individuals in close proximity of large bodies of water who are susceptible to falling after deployment.

Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. 304.5.3 TARGETING CONSIDERATIONS
Recognizing that the dynamics of a situation and movement of the subject may affect target placement of probes, when practicable, officers should attempt to target the back, lower center mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, area of the heart, or genitals. If circumstances result in one or more probes inadvertently striking an area outside of the preferred target zones, the individual should be closely monitored until examined by paramedics or other medical personnel.
304.5.4 MULTIPLE APPLICATIONS OF THE CED
Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to:
(a) Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. (b) Whether the probes are making proper contact.
(c) Whether the individual has the ability and has been given a reasonable opportunity to comply.
(d) Whether verbal commands or other options or tactics may be more effective.

Given that on certain devices (e.g., TASER 10™) each trigger pull deploys a single probe, the officer must pull the trigger twice to deploy two probes to create the possibility of neuro-muscular incapacitation.
304.5.5 ACTIONS FOLLOWING DEPLOYMENTS
Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED. As Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 66 soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 304.5.6 DANGEROUS ANIMALS
The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety.
304.5.7 OFF-DUTY CONSIDERATIONS
Officers are not authorized to carry department CEDs while off-duty.

Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others. 304.6 DOCUMENTATION
Officers shall document all CED discharges in the related arrest/crime reports and the CED report forms. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a department-approved process to preserve the data. 304.6.1 CED REPORT FORM
As applicable based on the device type, items that shall be included in the CED report form are:
(a) The brand, model, and serial number of the CED and any cartridge/magazine. (b) Date, time, and location of the incident.
(c) Whether any warning, display, laser, or arc deterred a subject and gained compliance. (d) The number of probes deployed, CED activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
(e) The range at which the CED was used.
(f) The type of mode used (e.g., probe deployment, drive-stun). (g) Location of any probe impact.
(h) Location of contact in drive-stun mode.
(i) Description of where missed probes went.
(j) Whether medical care was provided to the subject.
(k) Whether the subject sustained any injuries.
(l) Whether any officers sustained any injuries.

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 67 The Training Sergeant should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Sergeant should also conduct audits of CED device data downloaded to an approved location and reconcile CED report forms with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public.
304.6.2 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing CEDs
(b) Identification of all witnesses
(c) Medical care provided to the subject
(d) Observations of the subject's physical and physiological actions (e) Any known or suspected drug use, intoxication, or other medical problems 304.7 MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling should remove CED probes from a person's body. Used CED probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. If medical personnel is unable to remove Taser device probes, officers are authorized to remove. Proper documentation shall follow the removal of probes by officers.

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

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

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 68 The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CED (see the Medical Aid and Response Policy).
304.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated.

A supervisor should review each incident where a person has been exposed to a CED. The device's internal logs should be downloaded by a supervisor or Rangemaster and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed.
304.9 TRAINING
Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the CED as a part of their assignments for a period of six months or more shall be recertified by a qualified CED instructor prior to again carrying or using the device.

Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer's knowledge and/or practical skills may be required at any time, if deemed appropriate by the Training Sergeant. All training and proficiency for CEDs will be documented in the officer's training files.

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

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

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

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

The Training Sergeant should include the following training:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak-hand draws or cross-draws until proficient to reduce the possibility of unintentionally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the unintentional application of probes to the head, neck, area of the heart, and groin.

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Published with permission by Imperial Police Department ***DRAFT*** Conducted Energy Device - 69 (e) Scenario-based training, including virtual reality training when available. (f) Handcuffing a subject during the application of the CED and transitioning to other force options.
(g) De-escalation techniques.
(h) Restraint techniques that do not impair respiration following the application of the CED. (i) Proper use of cover and concealment during deployment of the CED for purposes of officer safety.
(j) Proper tactics and techniques related to multiple applications of CEDs.

Policy
305
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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 70 Officer-Involved Shootings and Deaths
305.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
305.2 POLICY
The policy of the Imperial Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 305.3 TYPES OF INVESTIGATIONS
Officer-involved shootings and deaths involve several separate investigations. The investigations may include:
• A criminal investigation of the suspect’s actions.
• A criminal investigation of the involved officer’s actions. • An administrative investigation as to policy compliance by involved officers. • A civil investigation to determine potential liability. 305.4 CONTROL OF INVESTIGATIONS
Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer.

Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths.
305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS
The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, the Imperial Police Department would control the investigation if the suspect’s crime occurred in Imperial.

If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency.

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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 71 305.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS
The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this department is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy.

Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval. 305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION
Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency. 305.5 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES
Upon arrival at the scene of an officer-involved shooting, the first uninvolved IPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved.

This officer should, as appropriate:
(a) Secure the scene and identify and eliminate hazards for all those involved. (b) Take reasonable steps to obtain emergency medical attention for injured individuals. (c) Request additional resources from the Department or other agencies. (d) Coordinate a perimeter or pursuit of suspects.
(e) Check for injured persons and evacuate as needed.
(f) Brief the supervisor upon arrival.
305.5.2 SUPERVISOR RESPONSIBILITIES
Upon arrival at the scene, the first uninvolved IPD supervisor should ensure completion of the duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

1. In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.
(b) If necessary, the supervisor may administratively order any IPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects.

1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information.

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2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c) Provide all available information to the Supervisor and Dispatch. If feasible, sensitive information should be communicated over secure networks. (d) Take command of and secure the incident scene with additional IPD members until properly relieved by another supervisor or other assigned personnel or investigator. (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction.

1. Each involved IPD officer should be given an administrative order not to discuss the incident with other involved officers or IPD members pending further direction from a supervisor.

2. When an involved officer's weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. 305.5.3 SUPERVISOR/OIC RESPONSIBILITIES
Upon learning of an officer-involved shooting or death, the Supervisor shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Captain.

All outside inquiries about the incident shall be directed to the Watch Commander. 305.5.4 NOTIFICATIONS
The following person(s) shall be notified as soon as practicable:
• Chief of Police
• InvestigationSupervisor
• Joint Protocol For Officer-Involved Shootings And Other Uses Of Force Resulting In Death rollout team
• Outside agency investigator (if appropriate)
• Internal Affairs Unit supervisor
• Civil liability response team
• Psychological/peer support personnel
• Chaplain
• Coroner (if necessary)
• Involved officer's agency representative (if requested) • Public Information Officer
305.5.5 INVOLVED OFFICERS
The following shall be considered for the involved officer:

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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 73 (a) Any request for legal or union representation will be accommodated.

1. Involved IPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.

2. Requests from involved non-IPD officers should be referred to their employing agency.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d) A licensed psychotherapist shall be provided by the Department to each involved IPD officer. A licensed psychotherapist may also be provided to any other affected IPD members, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged.

2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.

3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy).
(e) Communications between the involved officer and a peer support member are addressed in the Wellness Program Policy.

Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it.

Each involved IPD officer shall be given reasonable paid administrative leave following an officerinvolved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave.
305.5.6 NOTIFICATION TO DEPARTMENT OF JUSTICE
The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Watch Commander should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed.

For purposes of notification, “unarmed civilian” means anyone who is not in possession of a deadly weapon (Government Code § 12525.3).
305.6 CRIMINAL INVESTIGATION
The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.

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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 74 If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.

Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews.

The following shall be considered for the involved officer:
(a) IPD supervisors and Internal Affairs Unit personnel should not participate directly in any voluntary interview of IPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of the officer's choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c) If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.
305.6.1 REPORTS BY INVOLVED IPD OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved IPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).

While the involved IPD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/ witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved IPD officer of the right to consult with legal counsel prior to completing any such criminal report.

Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death.

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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 75 305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following:
(a) Identification of all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department.

1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c) Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.
305.6.2 INVESTIGATIVE PERSONNEL
Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Detective Bureau supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.

All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Detective Bureau supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Division Commander.
305.7 ADMINISTRATIVE INVESTIGATION
In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation of IPD officers to determine Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 76 conformance with department policy. The investigation will be conducted under the supervision of the Investigations Division and will be considered a confidential officer personnel file.

Interviews of members shall be subject to department policies and applicable laws (see the Personnel Complaints Policy).
(a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.

1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.
(c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.

1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer's physical and psychological needs have been addressed before commencing the interview.

2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)).

3. Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)).

4. The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/ her Lybarger or Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.

5. The Internal Affairs Unit shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.

6. Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy.

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7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.
305.8 CIVIL LIABILITY RESPONSE
A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. 305.9 AUDIO AND VIDEO RECORDINGS
Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports.

Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor.

Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney’s Office, as appropriate.
305.10 DEBRIEFING
Following an officer-involved shooting or death, the Imperial Police Department should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings. 305.10.1 TACTICAL DEBRIEFING
A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators.
305.11 MEDIA RELATIONS
Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Investigation Division Commander and Public Information Officer in the event of inquiries from the media.

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Published with permission by Imperial Police Department ***DRAFT*** Officer-Involved Shootings and Deaths - 78 The Department shall not subject any involved IPD officer to visits by the media (Government Code § 3303(e)). No involved IPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Division Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.
305.12 REPORTING
If the death of an individual occurs in the Imperial Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Patrol Division Commander will ensure that the Records Supervisor is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525).

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 79 Firearms
306.1 PURPOSE AND SCOPE
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training.

This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies.

This policy only applies to those members who are authorized to carry firearms. 306.2 POLICY
The Imperial Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons.

The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow.
306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range.

All other weapons not provided by the Department, including but not limited to edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law.
306.3.1 HANDGUNS
The authorized department-issued handgun is the Sig Saurer P226. The following additional handguns are approved for on-duty use:

MAKE MODEL CALIBER
306.3.2 SHOTGUNS
The authorized department-issued shotgun is the Beretta A300. The following additional shotguns are approved for on-duty use:

MAKE MODEL CALIBER
Remengton 870 12 Guage (Less Lethal)
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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 80 When not deployed, the shotgun shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle.
306.3.3 PATROL RIFLES
The authorized department-issued patrol rifle is the Sig 516. The following additional patrol rifles are approved for on-duty use:

MAKE MODEL CALIBER
Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range.
(c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
(d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor.
(g) When needed to euthanize an animal.

When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle.
306.3.4 PERSONALLY OWNED DUTY FIREARMS
Members desiring to carry an authorized but personally owned duty firearm must receive written approval from the Chief of Police or the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions:
(a) The firearm shall be in good working order and on the department list of approved firearms.
(b) The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule.

Members must demonstrate proficiency and safe handling, and that the firearm functions properly.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 81 (d) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. 306.3.5 AUTHORIZED SECONDARY HANDGUN
Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions:
(a) The handgun shall be in good working order and on the department list of approved firearms.
(b) Only one secondary handgun may be carried at a time. (c) The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition.
(g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly.
(h) Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Rangemaster, who will maintain a list of the information.
306.3.6 AUTHORIZED OFF-DUTY FIREARMS
The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines:
(a) The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section.

1. The purchase of the personally owned firearm and ammunition shall be the responsibility of the member.
(b) The firearm shall be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 82 (c) It will be the responsibility of the member to submit the firearm to the Rangemaster for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster.
(d) Prior to carrying any off-duty firearm, the member shall demonstrate to the Rangemaster that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner.
(e) The member will successfully qualify with the firearm prior to it being carried. (f) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. (g) If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h) Members shall only carry department-authorized ammunition. (i) When armed, officers shall carry their badges and Imperial Police Department identification cards under circumstances requiring possession of such identification. 306.3.7 AMMUNITION
Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster when needed, in accordance with established policy.

Members carrying personally owned authorized firearms of a caliber differing from departmentissued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense.
306.4 EQUIPMENT
Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 306.4.1 REPAIRS OR MODIFICATIONS
Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Rangemaster.

Firearms that are the property of the Department or personally owned firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Rangemaster.

Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Rangemaster.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 83 306.4.2 HOLSTERS
Only department-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun.
306.4.3 TACTICAL LIGHTS
Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 306.4.4 OPTICS OR LASER SIGHTS
Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it.

Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 306.5 SAFE HANDLING, INSPECTION AND STORAGE
Members shall maintain the highest level of safety when handling firearms and shall consider the following:
(a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Members shall not dry fire or practice quick draws except as instructed by the Rangemaster or other firearms training staff.
(c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present.
(d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels.
(e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section.
(f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 84 (g) Any firearm authorized by the Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Rangemaster approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Rangemaster will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 306.5.1 INSPECTION AND STORAGE
Handguns shall be inspected regularly and upon access or possession by another person.

Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels.

Personally owned firearms may be safely stored in lockers at the end of the shift. Departmentowned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. 306.5.2 STORAGE AT HOME
Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so.

Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100).
306.5.3 STORAGE IN VEHICLES
When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container that is placed out of view, or in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently affixed to the vehicle (Penal Code § 25140; Penal Code § 25452).

If the vehicle does not have a trunk or a locked container, then the firearm should be locked within the center utility console that can be locked with a padlock, keylock, combination lock, or other similar locking device (Penal Code § 25140).

Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 306.5.4 ALCOHOL AND DRUGS
Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof that would tend to adversely affect the member’s senses or judgment.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 85 306.6 FIREARMS TRAINING AND QUALIFICATIONS
All members who carry a firearm while on-duty are required to successfully complete training quarterly with their duty firearms. In addition to quarterly training, all members will qualify at least annually with their duty firearms. Members will qualify with off-duty and secondary firearms at least twice a year. Training and qualifications must be on an approved range course.

At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 306.6.1 NON-CERTIFICATION OR NON-QUALIFICATION
If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period.

Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements:
(a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency.
(b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following:

1. Unauthorized range make-up

2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action.
306.7 FIREARM DISCHARGE
Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy.

In all other cases, written reports shall be made as follows:
(a) If on-duty at the time of the incident, the member shall file a written report with his/her Division Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed.
(b) If off-duty at the time of the incident, the member shall file a written report or provide a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 86 306.7.1 DESTRUCTION OF ANIMALS
Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective.

In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety. 306.7.2 INJURED ANIMALS
With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical.

Stray or abandoned injured animals that may be moved or taken to an available veterinarian should not be euthanized. With supervisor approval, abandoned injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made. Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed (Penal Code § 597.1).
306.7.3 WARNING AND OTHER SHOTS
Generally, shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe.

Warning shots should not be used.
306.8 RANGEMASTER DUTIES
The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Training Sergeant after each range date.

Failure of any member to sign in and out with the Rangemaster may result in non-qualification.

The range shall remain operational and accessible to department members during hours established by the Department.

The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Rangemaster has the authority to deem any department-issued or personally owned firearm unfit for service.

The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Rangemaster.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 87 The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry.

The Rangemaster shall complete and submit to the Training Sergeant documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Sergeant._
306.9 FLYING WHILE ARMED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219):
(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b) Officers must carry their Imperial Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport).
(c) The Imperial Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Imperial Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed.
(e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor.
(f) It is the officer’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter.
(g) Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat.

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Published with permission by Imperial Police Department ***DRAFT*** Firearms - 88 (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times.

Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment.
(i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier.
(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft.
306.10 CARRYING FIREARMS OUT OF STATE
Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B):
(a) The officer shall carry his/her Imperial Police Department identification card whenever carrying such firearm.
(b) The officer is not the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug.
(d) The officer will remain subject to this and all other department policies (including qualifying and training).

Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas.

Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B.

Policy
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 89 Vehicle Pursuits
307.1 PURPOSE AND SCOPE
This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public, and fleeing suspects.
307.1.1 DEFINITIONS
Blocking - A low-speed tactic where one or more authorized police department emergency vehicles intentionally restrict the movement of a suspect vehicle, with the goal of containment or preventing a pursuit. Blocking is not boxing in or a roadblock.

Boxing-in - A tactic designed to stop a suspect's moving vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop.

Pursuit Intervention - An attempt to stop the suspect's ability to continue to flee in a vehicle through tactical application of technology, tire deflation devices, blocking or vehicle intercept, boxing-in, the PIT (known as Pursuit Intervention Technique or Precision Immobilization Technique), ramming, or roadblock procedures.

Pursuit Intervention Technique (PIT) - A low-speed tactic intentionally applied to cause the suspect vehicle to spin out and terminate the pursuit. Officers should be trained in PIT application Ramming - The deliberate act of impacting a suspect's vehicle with another vehicle to functionally damage or otherwise force the suspect's vehicle to stop.

Roadblocks - A tactic designed to stop a suspect's vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the suspect's vehicle.

Tire deflation device - A device that extends across the roadway designed to puncture the tires of the pursued vehicle, sometimes referred to as spike strips.

Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.

Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of participation in the pursuit
Vehicle Pursuit - An event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer's signal to stop. 307.2 OFFICER RESPONSIBILITIES
Vehicle pursuits shall only be conducted using authorized police department emergency vehicles that are equipped with and displaying emergency lighting and sirens as required by Vehicle Code Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 90 § 21055. Officers are responsible for continuously driving with due regard and caution for the safety of all persons and property (Vehicle Code § 21056). 307.2.1 WHEN TO INITIATE A PURSUIT
Officers are authorized to initiate a pursuit when the officerOfficer reasonably believes that a suspect, who has been given appropriate signal to stop by a law enforcement officer, is attempting to evade arrest or detention by fleeing in a vehicle.

Factors that should be considered in deciding whether to initiate a pursuit include:
(a) The seriousness of the known or reasonably suspected crime and its relationship to community safety.
(b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officersOfficers, innocent motorists, and others.
(c) The safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic (e.g., school zones), and the speed of the pursuit relative to these factors.
(d) The pursuing officers' familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher supervisor, and the driving capabilities of the pursuing officers under the conditions of the pursuit. (e) Whether weather, traffic, and road conditions unreasonably increase the danger of the pursuit when weighed against the risk of the suspect's escape. (f) Whether the identity of the suspect has been verified and whether there is comparatively minimal risk in allowing the suspect to be apprehended at a later time. (g) The performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit.
(h) Emergency lighting and siren limitations on unmarked police department vehicles that may reduce visibility of the vehicle, such as visor or dash-mounted lights, concealable or temporary emergency lighting equipment, and concealed or obstructed siren positioning.
(i) Suspect and officer vehicle speeds.
(j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders, hostages). (k) Availability of other resources such as air support or vehicle locator or deactivation technology.
307.2.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be terminated whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape.

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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 91 The factors listed in this policy on when to initiate a pursuit will apply equally to the decision to terminate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves, and the public when electing to continue a pursuit.

In addition to the factors that govern when to initiate a pursuit, other factors should be considered in deciding whether to terminate a pursuit, including:
(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/or distance.
(b) The pursued vehicle’s location is no longer definitely known. (c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe to drive.
(d) The pursuing vehicle’s emergency lighting equipment or siren becomes partially or completely inoperable.
(e) Hazards to uninvolved bystanders or motorists.
(f) The danger that the continued pursuit poses to the public, the officers, or the suspect, balanced against the risk of allowing the suspect to remain at large. (g) The identity of the suspect is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit. (h) Extended pursuits of violators for misdemeanors not involving violence, risk of serious harm, or weapons (independent of the pursuit) are generally discouraged. 307.2.3 SPEED LIMITS
The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds should take into consideration public safety, officer safety, and the safety of the occupants of the fleeing vehicle.

Should high vehicle speeds be reached during a pursuit, officers and supervisors should also consider these factors when determining the reasonableness of the speed of the pursuit:
(a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b) Pursuit speeds have exceeded the driving ability of the officer. (c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe.
307.3 PURSUIT UNITS
When involved in a pursuit, unmarked police department emergency vehicles should be replaced by marked emergency vehicles whenever practicable
Vehicle pursuits should be limited to three vehicles (two units and a supervisor); however, the number of units involved may vary with the circumstances.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 92 Officers or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it reasonably appears that the number of officers involved may be insufficient to safely arrest the suspects. All other officers should stay out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules of the road. 307.3.1 MOTORCYCLE OFFICERS
307.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT
Officers operating vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit.
307.3.3 PRIMARY UNIT RESPONSIBILITIES
The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless the officer is unable to remain reasonably close to the suspect’s vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspects without unreasonable danger to any person.

The primary unit should notify the dispatcher commencing with a request for priority radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable provide information including but not limited to:
(a) The location, direction of travel, and estimated speed of the suspect's vehicle. (b) The description of the suspect's vehicle including license plate number, if known. (c) The reason for the pursuit.
(d) Known or suspected weapons. Threat of force, violence, injuries, hostages, or other unusual hazards.
(e) The suspected number of occupants and identity or description. (f) The weather, road, and traffic conditions.
(g) The need for any additional resources or equipment. (h) The identity of other law enforcement agencies involved in the pursuit.

Until relieved by a supervisor or secondary unit, the officer in the primary unit is responsible for the broadcasting of the progress of the pursuit. Unless circumstances reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable, relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or air support joining the pursuit to minimize distractions and allow the primary pursuing officer to concentrate foremost on safe pursuit tactics.
307.3.4 SECONDARY UNIT RESPONSIBILITIES
The second officer in the pursuit will be designated as the secondary unit and is responsible for:
(a) Immediately notifying the dispatcher of entry into the pursuit.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 93 (b) Remaining a safe distance behind the primary unit unless directed to assume the role of primary pursuit vehicle or if the primary pursuit vehicle is unable to continue the pursuit.
(c) Broadcasting the progress, updating known or critical information, and providing changes in the pursuit, unless the situation indicates otherwise. (d) Identifying the need for additional resources or equipment as appropriate. (e) Serving as backup to the primary pursuing officer once the suspect has been stopped. 307.3.5 PURSUIT DRIVING
The decision to use specific driving tactics requires the same assessment of the factors the officer considered when determining whether to initiate and/or terminate a pursuit. The following are tactics for units involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered:

1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic.

2. Pursuing units should exercise due regard and caution when proceeding through controlled intersections.
(c) As a general rule, officers should not pursue a vehicle driving left of center (wrong way) against traffic. In the event that the pursued vehicle does so, the following tactics should be considered:

1. 2. Maintain visual contact with the pursued vehicle by paralleling it on the correct side of the roadway.

3. Request other units to observe exits available to the suspects. (d) Notify the California Highway Patrol (CHP) and/or other law enforcement agency if it appears that the pursuit may enter its jurisdiction.
(e) Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit and with a clear understanding of the maneuver process between the involved units. 307.3.6 PURSUIT TRAILING
In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide information and assistance for the arrest of the suspects and reporting the incident.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 94 307.3.7 AIR SUPPORT ASSISTANCE
307.3.8 UNITS NOT INVOLVED IN THE PURSUIT
There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor.

The primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit. 307.3.9 UNITS NOT INVOLVED IN THE PURSUIT
There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor.

The primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit. 307.4 SUPERVISORY CONTROL AND RESPONSIBILITIES
Available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department.

The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for:
(a) Immediately notifying involved unit and the dispatcher of supervisory presence and ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit.
(b) Engaging in the pursuit, when appropriate, to provide on-scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. (d) Ensuring that no more than the required number of units are involved in the pursuit under the guidelines set forth in this policy.
(e) Directing that the pursuit be terminated if, in the supervisor's judgment, it is unreasonable to continue the pursuit under the guidelines of this policy. (f) Ensuring that assistance from air support, canines, or additional resources is requested, if available and appropriate.
(g) Ensuring that the proper radio channel is being used. (h) Ensuring that the Watch Commander is notified of the pursuit as soon as practicable.

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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 95 (i) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this department. (j) Controlling and managing Imperial Police Department units when a pursuit enters another jurisdiction.
(k) Preparing a post-pursuit review and documentation of the pursuit.

1. Supervisors should initiate follow up or additional review when appropriate. 307.4.1 WATCH COMMANDER RESPONSIBILITIES
Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. Once notified, the Watch Commander has the final responsibility for the coordination, control, and termination of a vehicle pursuit and shall be in overall command.

The Watch Commander shall review all pertinent reports for content and forward to the Division Commander.
307.5 DISPATCH
If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio communications to a tactical or emergency channel most accessible by participating agencies and units.
307.5.1 DISPATCH RESPONSIBILITIES
Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible for:
(a) Clearing the radio channel of non-emergency traffic. (b) Coordinating pursuit communications of the involved units and personnel. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notify the Watch Commander as soon as practicable.
(g) Assigning an incident number and logging all pursuit activities. 307.5.2 LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit or supervisor will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot.

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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 96 307.6 INTER-JURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist. 307.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY
Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless the continued assistance of the Imperial Police Department is requested by the agency assuming the pursuit. Upon relinquishing control of the pursuit, the involved officers may proceed, with supervisory approval, to the termination point of the pursuit to assist in the investigation.

The supervisor should coordinate such assistance with the assuming agency and obtain any information that is necessary for any reports. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific.
307.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit is responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the pursuing agency and with approval from a supervisor. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a supervisor may authorize units from this department to join the pursuit until sufficient units from the initiating agency join the pursuit or until additional information is provided allowing withdrawal of the pursuit.

When a request is made for this department to assist or take over a pursuit that has entered the jurisdiction of Imperial Police Department, the supervisor should consider:
(a) The public's safety within this jurisdiction.
(b) The safety of the pursuing officers.
(c) Whether the circumstances are serious enough to continue the pursuit. (d) Whether there is adequate staffing to continue the pursuit. (e) The ability to maintain the pursuit.

As soon as practicable, a supervisor or the Watch Commander should review a request for assistance from another agency. The Watch Commander or supervisor, after considering the above factors, may decline to assist in, or assume the other agency’s pursuit.

Assistance to a pursuing allied agency by officers of this department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 97 In the event that a pursuit from another agency terminates within this jurisdiction, officers should provide appropriate assistance to officers from the allied agency including but not limited to scene control, coordination and completion of supplemental reports, and any other reasonable assistance requested or needed.
307.7 WHEN PURSUIT INTERVENTION IS AUTHORIZED
Whenever practicable, an officer shall seek approval from a supervisor before employing any intervention to stop the pursued vehicle. In deciding whether to use intervention tactics, officers/ supervisors should balance the risks of allowing the pursuit to continue with the potential hazards to the public arising from the use of each tactic, the officers, and persons in or on the pursued vehicle to determine which, if any, intervention tactic may be reasonable. 307.7.1 USE OF FIREARMS
An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others.

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle (see the Use of Force Policy).
307.7.2 INTERVENTION STANDARDS
Any intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public, or anyone in or on the vehicle being pursued.

Certain applications of intervention tactics may be construed to be a use of force, including deadly force, and subject to the policies guiding such use. Officers should consider these facts and requirements prior to deciding how, when, where, and if an intervention tactic should be employed. (a) Blocking should only be used after giving consideration to the following:

1. The technique should only be used by officers who have received training in the technique.

2. The need to immediately stop the suspect vehicle or prevent it from leaving reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

3. It reasonably appears the technique will contain or prevent the pursuit. (b) The PIT should only be used after giving consideration to the following:

1. The technique should only be used by officers who have received training in the technique, including speed restrictions.

2. Supervisory approval should be obtained before using the technique.

3. The need to immediately stop the suspect vehicle reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 98 (c) Ramming a fleeing vehicle should only be done after giving consideration to the following:

1. Supervisory approval should be obtained before using the technique.

2. The need to immediately stop the suspect vehicle reasonably appears to substantially outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

3. It reasonably appears the technique will terminate or prevent the pursuit.

4. Ramming may be used only under circumstances when deadly force would be authorized.

5. Ramming may be used when all other reasonable alternatives have been exhausted or reasonably appear ineffective.
(d) Before attempting to box a suspect vehicle during a pursuit the following should be considered:

1. The technique should only be used by officers who have received training in the technique.

2. Supervisory approval should be obtained before using the technique.

3. The need to immediately stop the suspect vehicle reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit. (e) Tire deflation devices should only be used after considering the following:

1. Tire deflation devices should only be used by officers who have received training in their use.

2. Supervisory approval should be obtained before using tire deflation devices.

3. The need to immediately stop the suspect vehicle reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

4. It reasonably appears the use will terminate or prevent the pursuit.

5. Tire deflation devices should not be used when the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a school bus transporting children, except in extraordinary circumstances.

6. Due to the increased risk to officers deploying tire deflation devices, such deployment should be communicated to all involved personnel. (f) Roadblocks should only be used after considering the following:

1. Roadblocks should only be used by officers who have received training in their use.

2. Supervisory approval should be obtained before using the technique.

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Vehicle Pursuits
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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 99

3. The need to immediately stop the suspect vehicle reasonably appears to substantially outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit.

Roadblocks may be used only under circumstances when deadly force would be authorized.

5. Roadblocks may be used when all other reasonable alternatives have been exhausted or reasonably appear ineffective.
307.7.3 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, which reasonably appears necessary under the circumstances, to accomplish a legitimate law enforcement purpose.

Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to apprehend the suspects following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans for setting up perimeters or for containing and capturing the suspects.
307.8 REPORTING REQUIREMENTS
All appropriate reports should be completed to comply with applicable laws, policies, and procedures.
(a) The primary officer should complete appropriate crime/arrest reports. (b) The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary officer should complete as much of the required information on the form as is known and forward the report to the Watch Commander for review and distribution.
(c) After first obtaining the available information, the involved, or if unavailable onduty, field supervisor shall promptly complete a Supervisor's Log or interoffice memorandum, briefly summarizing the pursuit to the Chief of Police or the authorized designee. This log or memorandum should include, at a minimum:

1. Date and time of pursuit.

2. Initial reason and circumstances surrounding the pursuit.

3. Length of pursuit in distance and time, including the starting and termination points.

4. Involved units and officers.

5. Alleged offenses.

6. Whether a suspect was apprehended, as well as the means and methods used.

7. Any use of force that occurred during the vehicle pursuit.

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Published with permission by Imperial Police Department ***DRAFT*** Vehicle Pursuits - 100 (a) Any use of force by a member should be documented in the appropriate report (See the Use of Force Policy).

8. Any injuries and/or medical treatment.

9. Any property or equipment damage.

10. Name of supervisor at scene or who handled the incident. (d) After receiving copies of reports, logs, and other pertinent information, the Chief of Police or the authorized designee should conduct or assign the completion of a postpursuit review.

Annually, the Chief of Police should direct a documented review and analysis of department vehicle pursuit reports to minimally include policy suitability, policy compliance, and training or equipment needs.
307.8.1 REGULAR AND PERIODIC PURSUIT TRAINING
The Training Sergeant shall make available to all officers initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, Vehicle Code § 17004.7(d), and 11 CCR 1081, and no less than annual training addressing:
(a) This policy.
(b) The importance of vehicle safety and protecting the public. (c) The need to balance the known offense and the need for immediate capture against the risks to officers and others.
307.8.2 POLICY REVIEW
Officers of this department shall certify in writing that they have received, read, and understand this policy initially, upon any amendments, and whenever training on this policy is provided. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file.
307.9 APPLICATION OF VEHICLE PURSUIT POLICY
This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines. 307.10 POLICY
It is the policy of this department to balance the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits. 307.11 POLICY
It is the policy of this department to balance the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits.

Policy
308
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Published with permission by Imperial Police Department ***DRAFT*** Officer Response to Calls - 101 Officer Response to Calls
308.1 PURPOSE AND SCOPE
This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated.
308.2 RESPONSE TO CALLS
Officers dispatched "Code-3" shall consider the call an emergency response and proceed immediately. Officers responding Code-3 shall continuously operate emergency lighting equipment, including at minimum a steady forward facing red light, and shall sound the siren as reasonably necessary pursuant to Vehicle Code § 21055.

Responding with emergency light(s) and siren does not relieve the officer of the duty to continue to drive with due regard for the safety of all persons. The use of any other warning equipment without a red light and siren does not provide any exemption from the Vehicle Code.

Officers should only respond Code-3 when so dispatched or when circumstances reasonably indicate an emergency response is required. Officers not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 308.3 REQUESTING EMERGENCY ASSISTANCE
Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation has stabilized and emergency response is not required, the requesting officer shall immediately notify Dispatch.

If circumstances permit, the requesting officer should give the following information:
• The unit number
• The location
• The reason for the request and type of emergency
• The number of units required
308.3.1 NUMBER OF UNITS ASSIGNED
Normally, only one unit should respond to an emergency call Code-3 unless the Watch Commander or the field supervisor authorizes an additional unit(s). 308.4 INITIATING CODE 3 RESPONSE
If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately notify Dispatch. Generally, only one unit should respond Code-3 to any situation. Should another officer believe a Code-3 response is appropriate, Dispatch shall be notified and the Watch Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Officer Response to Calls - 102 Commander or field supervisor will make a determination as to whether one or more officers driving Code-3 is appropriate.
308.5 RESPONSIBILITIES OF RESPONDING OFFICERS
Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle.

The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the officer should immediately notify Dispatch. An officer shall also discontinue the Code-3 response when directed by a supervisor.

Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 308.6 COMMUNICATIONS RESPONSIBILITIES
A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or available information reasonably indicates that the public is threatened with serious injury or death and immediate police response is needed. In all other circumstances, the dispatcher shall obtain authorization from the Watch Commander or a field supervisor prior to assigning units Code-3 .

The dispatcher shall:
(a) Attempt to assign the closest available unit to the location requiring assistance (b) Immediately notify the Watch Commander
(c) Confirm the location from which the unit is responding (d) Notify and coordinate allied emergency services (e.g., fire and ambulance) (e) Continue to obtain and broadcast information as necessary concerning the response and monitor the situation until it is stabilized or terminated (f) Control all radio communications during the emergency and coordinate assistance under the direction of the Watch Commander or field supervisor 308.7 SUPERVISORY RESPONSIBILITIES
Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field supervisor shall verify the following:
(a) The proper response has been initiated
(b) No more than those units reasonably necessary under the circumstances are involved in the response
(c) Affected outside jurisdictions are being notified as practical Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Officer Response to Calls - 103 The field supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, the circumstances require additional units to be assigned a Code-3 response, the supervisor may do so.

It is the supervisor's responsibility to terminate a Code-3 response that, in his/her judgment is inappropriate due to the circumstances.

When making the decision to authorize a Code-3 response, the Watch Commander or the field supervisor should consider the following:
• The type of call
• The necessity of a timely response
• Traffic and roadway conditions
• The location of the responding units
308.8 FAILURE OF EMERGENCY EQUIPMENT
If the emergency equipment on the vehicle should fail to operate, the officer must terminate the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch Commander, field supervisor, or Dispatch of the equipment failure so that another unit may be assigned to the emergency response.

Policy
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Published with permission by Imperial Police Department ***DRAFT*** Canines - 104 Canines
309.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of canines to augment police services in the community, including but not limited to locating individuals and contraband and apprehending criminal offenders.
309.2 POLICY
It is the policy of the Imperial Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives.
309.3 ASSIGNMENT
Canine teams should be assigned to assist and supplement the Patrol Division to function primarily in assist or cover assignments. However, they may be assigned by the Watch Commander to other functions, such as routine calls for service, based on the current operational needs.

Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of time. If such assignment is necessary, it should only be made with the approval of the Watch Commander.
309.4 CANINE COORDINATOR
The canine coordinator shall be appointed by and directly responsible to the Patrol Division or the authorized designee.

The responsibilities of the coordinator include but are not limited to:
(a) Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program.
(b) Maintaining a liaison with the vendor kennel.
(c) Maintaining a liaison with command staff and functional supervisors. (d) Maintaining a liaison with other agency canine coordinators. (e) Maintaining accurate records to document canine activities. (f) Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines.
(g) Scheduling all canine-related activities.
(h) Ensuring the canine teams are scheduled for regular training to maximize their capabilities.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 105 309.5 REQUESTS FOR CANINE TEAMS
Patrol Division members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Patrol Division shall be reviewed by the Watch Commander.
309.5.1 OUTSIDE AGENCY REQUEST
All requests for canine assistance from outside agencies must be approved by the Watch Commander and are subject to the following:
(a) Canine teams shall not be used for any assignment that is not consistent with this policy.
(b) The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable.
(c) Calling out off-duty canine teams is discouraged.
(d) It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (e) It shall be the responsibility of the canine handler to complete all necessary reports or as directed.
309.5.2 PUBLIC DEMONSTRATION
All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine coordinator prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine coordinator.
309.6 APPREHENSION GUIDELINES
A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has committed, is committing, or is threatening to commit any serious offense and if any of the following conditions exist:
(a) There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer, or the handler. (b) The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public.

It is recognized that situations may arise that do not fall within the provisions set forth in this policy.

Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 106 Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect.

Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Watch Commander. Absent a change in circumstances that presents an imminent threat to officers, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual.

In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable.

If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect.
309.6.1 PREPARATION FOR DEPLOYMENT
Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include but is not limited to:
(a) The nature and seriousness of the suspected offense. (b) Whether violence or weapons were used or are anticipated. (c) The degree of resistance or threatened resistance, if any, the suspect has shown. (d) The suspect’s known or perceived age.
(e) The potential for injury to officers or the public caused by the suspect if the canine is not utilized.
(f) Any potential danger to the public and/or other officers at the scene if the canine is released.
(g) The potential for the suspect to escape or flee if the canine is not utilized.

As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury.

It is the canine handler’s responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable.

A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine.

Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 107 309.6.2 WARNINGS AND ANNOUNCEMENTS
Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine.

The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary.

If a warning is not to be given, the canine handler, when practicable, should first advise the supervisor of his/her decision before releasing the canine. In the event of an apprehension, the handler shall document in any related report how the warning was given and, if none was given, the reasons why.
309.6.3 REPORTING DEPLOYMENTS, BITES, AND INJURIES
Handlers should document canine deployments in a canine use report. Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in the canine use report. The injured person shall be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report.

Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the canine coordinator. Unintended bites or injuries caused by a canine should be documented in an administrative report, not in a canine use report.

If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual’s injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired.

Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685).
309.7 NON-APPREHENSION GUIDELINES
Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other nonapprehension operation, the following guidelines apply:
(a) Absent a change in circumstances that presents an imminent threat to officers, the canine, or the public, such applications should be conducted on-leash or under Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Canines - 108 conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located.
(b) Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (c) Throughout the deployment, the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known.
(d) Once the individual has been located, the handler should place the canine in a downstay or otherwise secure it as soon as reasonably practicable. 309.7.1 ARTICLE DETECTION
A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries.
309.7.2 NARCOTICS DETECTION
A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including:
(a) The search of vehicles, buildings, bags, and other articles. (b) Assisting in the search for narcotics during a search warrant service. (c) Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause.

A narcotics-detection trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics. 309.7.3 BOMB/EXPLOSIVE DETECTION
Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered.

When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including:
(a) Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located. (b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains).
(c) Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives.
(d) Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 109 At no time will an explosive-detection trained canine be used to render a suspected device safe or clear.
309.8 HANDLER SELECTION
The minimum qualifications for the assignment of canine handler include:
(a) An officer who is currently off probation.
(b) Residing in an adequately fenced single-family residence (minimum 5-foot-high fence with locking gates).
(c) A garage that can be secured and can accommodate a canine vehicle. (d) Living within 30 minutes travel time from the Imperial City limits. (e) Agreeing to be assigned to the position for a minimum of three years. 309.9 HANDLER RESPONSIBILITIES
The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions.

The canine handler will be responsible for the following:
(a) Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b) The handler shall maintain all department equipment under his/her control in a clean and serviceable condition.
(c) When not in service, the handler shall maintain the canine vehicle in a locked garage, away from public view.
(d) When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Imperial Police Department facility. (e) Handlers shall permit the canine coordinator to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy.
(f) Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine coordinator as soon as possible.
(g) When off-duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler’s home, the gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler.
(h) The canine should be permitted to socialize in the home with the handler’s family for short periods of time and under the direct supervision of the handler. (i) Under no circumstances will the canine be lodged at another location unless approved by the canine coordinator or Watch Commander.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 110 (j) When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Watch Commander.
(k) Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine coordinator so that appropriate arrangements can be made.
309.9.1 CANINE IN PUBLIC AREAS
The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. (a) A canine shall not be left unattended in any area to which the public may have access. (b) When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 309.10 HANDLER COMPENSATION
The canine handler shall be available for call-out under conditions specified by the canine coordinator.

The canine handler shall be compensated for time spent in the care, feeding, grooming, and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement (29 USC § 207). 309.11 CANINE INJURY AND MEDICAL CARE
In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine coordinator or Watch Commander as soon as practicable and appropriately documented.

All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained in the handler's personnel file. 309.12 TRAINING
Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified by the California Narcotic Canine Association (CNCA) or other recognized and approved certification standards established for their particular skills.

The canine coordinator shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines. Because canines may be exposed to dangerous substances such as opioids, Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Canines - 111 as resources are available, the canine coordinator should also schedule periodic training for the canine handlers about the risks of exposure and treatment for it.

All canine training shall be conducted while on-duty unless otherwise approved by the canine coordinator or Watch Commander.
309.12.1 CONTINUED TRAINING
Each canine team shall thereafter be recertified to a current POST, CNCA, or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows:
(a) Canine teams should receive training as defined in the current contract with the Imperial Police Department canine training provider.
(b) Canine handlers are encouraged to engage in additional training with approval of the canine coordinator.
(c) To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is not reviewed and approved by the Department. 309.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING
Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties.
309.12.3 TRAINING RECORDS
All canine training records shall be maintained in the canine handler's and the canine's training file. 309.12.4 TRAINING AIDS
Training aids are required to effectively train and maintain the skills of canines.

Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Imperial Police Department may work with outside trainers with the applicable licenses or permits. 309.12.5 CONTROLLED SUBSTANCE TRAINING AIDS
Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(g)).

The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Imperial Police Department to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this department for training purposes, provided the controlled substances are no longer needed as criminal evidence.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 112 As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Administration (DEA).

These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics.
309.12.6 CONTROLLED SUBSTANCE PROCEDURES
Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine’s accidental ingestion of these controlled substances, the following procedures shall be strictly followed:
(a) All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. (b) The weight and test results shall be recorded and maintained by this department. (c) Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (d) All controlled substance training samples will be inspected, weighed, and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency. (e) All controlled substance training samples will be stored in locked, airtight, and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler’s assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f) The canine coordinator shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g) Any unusable controlled substance training samples shall be returned to the Property Bureau or to the dispensing agency.
(h) All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 309.12.7 EXPLOSIVE TRAINING AIDS
Officers may possess, transport, store, or use explosives or destructive devices in compliance with state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41).

Explosive training aids designed specifically for canine teams should be used whenever feasible.

Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following:
(a) All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials.
(b) An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored.

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Published with permission by Imperial Police Department ***DRAFT*** Canines - 113 (c) The canine coordinator shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter.
(d) Only members of the canine team shall have access to the explosive training aids storage facility.
(e) A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. (f) Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Policy
310
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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 114 Domestic Violence
310.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence.
310.1.1 DEFINITIONS
Definitions related to this policy include:

Court order - All forms of orders related to domestic violence that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 310.2 POLICY
The Imperial Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible.
310.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved.
310.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b) When practicable, officers should obtain and document statements from the victim, the suspect, and any witnesses, including children, in or around the household or location of occurrence.
(c) Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up.

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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 115 (d) When practicable and legally permitted, video or audio record all significant statements and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Detective Bureau in the event that the injuries later become visible.
(f) Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g) If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement, and make an arrest or seek an arrest warrant if appropriate. (h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (i) When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order, and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report.
(j) Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include:

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

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

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

4. The physical or emotional state of either party.

5. Use of drugs or alcohol by either party.

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

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

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

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

10. Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or marital status of the victim or suspect.

11. The social status, community status, or professional position of the victim or suspect.

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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 116 310.4.1 IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
(a) Advise the victim that there is no guarantee the suspect will remain in custody. (b) Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail.
(c) Advise the victim whether any type of court order will be in effect when the suspect is released from jail.
310.4.2 IF NO ARREST IS MADE
If no arrest is made, the officer should:
(a) Advise the parties of any options, including but not limited to:

1. Voluntary separation of the parties.

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

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

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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 117 310.6 DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable.

Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order.
310.7 FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of whether the order has been properly registered with this state (Family Code § 6403).

Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (Family Code § 6452).
310.8 VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and where appropriate and practicable:
(a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order.

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

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

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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 118 Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed.
310.9 STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
(a) An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701).

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

1. Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836).
(b) An officer responding to a domestic violence call who cannot make an arrest will advise the victim of the victim's right to make a private person's arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person's arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person's arrests (Penal Code § 836(b)).
(c) Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)):

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

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

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

4. Penal Code § 646.9 (stalking)

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

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

2. The threats creating fear of physical injury.

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

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

After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836).
310.10 REPORTS AND RECORDS
(a) A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730.
(b) Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time.
(c) Officers who seize any firearm, ammunition, or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt that includes the name and residential mailing address of the owner or person who possessed the weapon and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800; Family Code § 6389(c)).
310.11 RECORD-KEEPING AND DATA COLLECTION
This department shall maintain records of court orders related to domestic violence and the service status of each (Penal Code § 13710), as well as records on the number of domestic violence related calls reported to the Department, including whether weapons were used in the incident or whether the incident involved strangulation or suffocation (Penal Code § 13730). This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Supervisor to maintain and report this information as required. 310.12 SERVICE OF COURT ORDERS
(a) An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located and shall provide the person protected or the person's parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). (b) A temporary restraining order, emergency protective order, or an order issued after a hearing shall, at the request of the petitioner, be served on the restrained person Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Domestic Violence - 120 by an officer who is present at the scene of a reported domestic violence incident or when the officer receives a request from the petitioner to provide service of the order (Family Code § 6383; Penal Code § 13710).
(c) Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)).
(d) During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250).

1. An officer should ensure that the Records Bureau is notified of any firearm obtained for entry into the Automated Firearms System (Family Code § 6383) (see the Records Bureau Policy for additional guidance). (e) If a valid Canadian order cannot be enforced because the person subject to the order has not been notified or served with the order, the officer shall notify the protected individual that reasonable efforts shall be made to contact the person subject to the order. The officer shall make a reasonable effort to inform the person subject to the order of the existence and terms of the order and provide the person with a record of the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). 310.13 PUBLIC ACCESS TO POLICY
A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701).
310.14 DECLARATION IN SUPPORT OF BAIL INCREASE
Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee's appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c).
310.15 DOMESTIC VIOLENCE DEATH REVIEW TEAM
This department should cooperate with any interagency domestic violence death review team investigation. Written and oral information relating to a domestic violence death that would otherwise be subject to release restrictions may be disclosed to the domestic violence death review team upon written request and approval of a supervisor (Penal Code § 11163.3).

Published with permission by Imperial Police Department ***DRAFT*** Search and Seizure - 121 Search and Seizure
311.1 PURPOSE AND SCOPE
Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Imperial Police Department personnel to consider when dealing with search and seizure issues. 311.2 POLICY
It is the policy of the Imperial Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property.

The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate.
311.3 SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search.

Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas.

Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law.

Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action.

Published with permission by Imperial Police Department ***DRAFT*** Search and Seizure - 122 311.4 SEARCH PROTOCOL
Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit:
(a) Members of this department will strive to conduct searches with dignity and courtesy. (b) Officers should explain to the person being searched the reason for the search and how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d) In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed:

1. Another officer or a supervisor should witness the search.

2. The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 311.5 DOCUMENTATION
Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized • If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met.

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 123 Temporary Custody of Juveniles
312.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Imperial Police Department (34 USC § 11133).

Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy.
312.1.1 DEFINITIONS
Definitions related to this policy include:

Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally held for the juvenile's own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for the juvenile's protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juveniles 11 years of age or younger are considered juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.

Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602).

It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303).

Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained.

Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1; 15 CCR 1150).

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

Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.

Secure custody also includes being physically secured to a stationary object (15 CCR 1146).

Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area.
(b) A juvenile handcuffed to a rail.

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 124 (c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds.
(d) A juvenile being processed in a secure booking area when a non-secure booking area is available.
(e) A juvenile left alone in a secure booking area after being photographed and fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement.

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

Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. This includes the habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense). 312.2 POLICY
The Imperial Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the Imperial Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. Juveniles may not be held longer than 6 hours for processing purposes.
312.3 JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit any of the following conditions should not be held at the Imperial Police Department:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed (d) Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151).
(e) Extremely violent or continuously violent
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Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 125 Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151).

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

If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or a transfer is completed (15 CCR 1142).
312.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY
When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Department members should administer first aid as applicable (15 CCR 1142). 312.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY
Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill themself, or any unusual behavior which may indicate the juvenile may harm themself while in either secure or non-secure custody (15 CCR 1142). 312.4 CUSTODY OF JUVENILES
Officers should take custody of a juvenile and temporarily hold the juvenile at the Imperial Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim.

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

Any juvenile taken into custody shall be released to the care of the juvenile's parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of the juvenile's entry into the Imperial Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1).
312.4.1 CUSTODY OF JUVENILE NON-OFFENDERS
Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Imperial Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in secure custody (34 USC § 11133; Welfare and Institutions Code § 206).

Juveniles 11 years of age or younger who have committed an offense that would subject an adult to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 126 Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation officer for a placement determination (Welfare and Institutions Code § 602.1). 312.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders shall not be held in secure custody (34 USC § 11133).
312.4.3 CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non-secure custody while at the Imperial Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances.

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

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

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

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

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

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

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 127 312.5 ADVISEMENTS
Officers shall take immediate steps to notify the juvenile's parent, guardian, or a responsible relative that the juvenile is in custody, the location where the juvenile is being held, and the intended disposition (Welfare and Institutions Code § 627).

Whenever a juvenile is taken into temporary custody, the juvenile shall be given the Miranda rights advisement regardless of whether questioning is intended. This does not apply to juvenile nonoffenders taken into temporary custody for their safety or welfare (Welfare and Institutions Code § 625). Attorney must be present prior to interview.

Anytime a juvenile offender is placed in secure custody, the juvenile offender shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last, and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1).

Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to their parent or guardian; one to a responsible relative or their employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area. Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5). 312.6 JUVENILE CUSTODY LOGS
Any time a juvenile is held in custody at the Department, the custody shall be promptly and properly documented in the juvenile custody log, including:
(a) Identifying information about the juvenile.
(b) Date and time of arrival and release from the Imperial Police Department (15 CCR 1150).
(c) Watch Commander notification and approval to temporarily hold the juvenile. (d) Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender.
(e) Any changes in status (e.g., emergency situations, unusual incidents). (f) Time of all safety checks.
(g) Any medical and other screening requested and completed (15 CCR 1142). (h) Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1; 15 CCR 1145).
(i) Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority.

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

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 128 312.7 NO-CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (34 USC § 11133; Welfare and Institutions Code § 207.1; Welfare and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation between nonoffenders and juvenile and status offenders.

In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Imperial Police Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-byside presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144). 312.8 TEMPORARY CUSTODY REQUIREMENTS
Members and supervisors assigned to monitor or process any juvenile at the Imperial Police Department shall ensure the following:
(a) The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the Imperial Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Imperial Police Department more than six hours.
(b) A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy.
(c) Personal safety checks and significant incidents/activities shall be noted on the log. (d) Juveniles in custody are informed that they will be monitored at all times, except when using the toilet.

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

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

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 129 (k) Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143).
(l) Blankets shall be provided as reasonably necessary (15 CCR 1143).

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

While held in temporary custody, juveniles shall be informed in writing of what is available to them pursuant to 15 CCR 1143 and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143).
312.9 RELIGIOUS ACCOMMODATION
Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy).
312.10 USE OF RESTRAINT DEVICES
Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Imperial Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142).

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

Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). 312.11 PERSONAL PROPERTY
The officer taking custody of a juvenile offender or status offender at the Imperial Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils, and belts.

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 130 The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Imperial Police Department.
312.12 SECURE CUSTODY
Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody.

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

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

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

The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 312.12.1 LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.

A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report.

The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
(a) The juvenile shall constantly be monitored by an audio/video system during the entire custody.

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 131 (b) Juveniles shall have constant auditory access to department members (15 CCR 1147). (c) Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1).
(d) Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151).

1. All safety checks shall be logged.

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

3. Requests or concerns of the juvenile should be logged. (e) Juveniles of different genders shall not be placed in the same locked room (15 CCR 1147).
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor).
(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles. 312.13 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Imperial Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address:
(a) Immediate notification of the on-duty supervisor, Chief of Police, and Investigation Division Supervisor.
(b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c) Notification of the appropriate prosecutor.
(d) Notification of the City attorney.
(e) Notification to the coroner.
(f) Notification of the juvenile court.
(g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046).
(h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046.
(i) Evidence preservation.

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 132 312.14 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS
No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent, to an interview or interrogation. We cannot interview juvenile suspects without Attorney being present.

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

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

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

1. The questions are limited to what is reasonably necessary to obtain the information relating to the threat.
312.14.1 MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility, or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).

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

Published with permission by Imperial Police Department ***DRAFT*** Temporary Custody of Juveniles - 133 (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible.
(g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded.

These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction over the individual, or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8). 312.15 FORMAL BOOKING
No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in the supervisor's absence, the Watch Commander.

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

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

Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Supervisor and the appropriate Detective Bureau supervisors to ensure that personnel of those bureaus act within legal guidelines. 312.17 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Patrol Division Commander shall coordinate the procedures related to the custody of juveniles held at the Imperial Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2).
312.18 TRAINING
Department members should be trained on and familiar with this policy and any supplemental procedures.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 134 Adult Abuse
313.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Imperial Police Department members as required by law (Penal Code § 368.6).

The Imperial Police Department is committed to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy for child abuse investigations and reporting).
313.1.1 DEFINITIONS
Definitions related to this policy include:

Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.05 et seq.; Penal Code § 368.5).

Department protocols (or protocols) - A procedure adopted by a local law enforcement agency consistent with the agency’s organizational structure and stated in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility.

Dependent adult - An individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Penal Code § 368; Welfare and Institutions Code § 15610.23).

Elder and dependent adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368).

Senior and disability victimization - Means any of the following (Penal Code § 368.6):
(a) Elder and dependent adult abuse
(b) Unlawful interference with a mandated report
(c) Homicide of an elder, dependent adult, or other adult or child with a disability Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 135 (d) Sex crimes against elders, dependent adults, or other adults and children with disabilities
(e) Child abuse of children with disabilities
(f) Violation of relevant protective orders
(g) Hate crimes against persons with actual or perceived disabilities, including but not limited to disabilities caused by advanced age, or those associated with them (h) Domestic violence against elders, dependent adults, and adults and children with disabilities, including disabilities caused by advanced age 313.2 POLICY
The Imperial Police Department will investigate all reported incidents of alleged elder and dependent adult abuse and ensure proper reporting and notification as required by law. 313.2.1 ARREST POLICY
It is the department policy to make arrests or to seek arrest warrants for elder and dependent adult abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic Violence policies for additional guidance).
313.2.2 ADHERENCE TO POLICY
All officers are required to be familiar with the policy and carry out the policy at all times, except in the case of an unusual compelling circumstance as determined and approved by a supervisor (Penal Code § 368.6).

Any supervisor who determines and approves an officer’s deviation from this policy shall provide a written report to the Chief of Police that states the unusual compelling circumstances regarding the deviation. A copy of this report will be made available to the alleged victim and reporting party pursuant to department protocols (Penal Code § 368.6(c)(27)).

The Chief of Police shall retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)). 313.3 INVESTIGATIONS AND REPORTING
All reported or suspected cases of elder and dependent adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated (Penal Code § 368.6).

Investigations and reports related to suspected cases of elder and dependent adult abuse should address, as applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected elder and dependent adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the statements.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 136 (c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination. (f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence.
(g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.
(j) Witness and suspect statements if available.
(k) Review of all portable audio/video recorders, devices, and other available video. (l) Call history related to the elder or dependent adult including calls from mandated reporters or other individuals.
(m) Whether the abuse is related to a disability-bias hate crime and related bias motivations (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (n) Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the elder or dependent adult abuse (Welfare and Institutions Code § 15640(f)). (o) Whether a death involved the End of Life Option Act:

1. Whether or not assistance was provided to the person beyond that allowed by law (Health and Safety Code § 443.14).

2. Whether an individual knowingly altered or forged a request for an aid-indying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health and Safety Code § 443.17).

3. Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (Health and Safety Code § 443.17).

4. Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (Health and Safety Code § 443.17).

Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential elder or dependent adult abuse and investigated similarly.

An unexplained or suspicious death of an elder, dependent adult, or other adult or child with a disability should be treated as a potential homicide until a complete investigation including an Imperial Police Department
Imperial PD Policy Manual
Adult Abuse
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Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 137 autopsy is completed, and it should not be assumed that the death of an elder or person with a disability is natural simply because of the age or disability of the deceased (Penal Code § 368.6(c) (18)).
313.3.1 ADDITIONAL INVESTIGATIVE CONSIDERATIONS
The following factors as provided in Penal Code § 368.6 should be considered when investigating incidents of elder and dependent adult abuse:
(a) Elder and dependent adult abuse, sex crimes, child abuse, domestic violence, and any other criminal act, when committed in whole or in part because of the victim’s actual or perceived disability, including disability caused by advanced age, is also a hate crime (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (b) Senior and disability victimization crimes are also domestic violence subject to the mandatory arrest requirements of Penal Code § 836 if they meet the elements described in Penal Code § 273.5, including but not limited to a violation by a caretaker or other person who is or was a cohabitant of the victim, regardless of whether the cohabitant is or was a relative of, or in an intimate personal relationship with, the victim (Penal Code § 368.6(c)(10)).
(c) Many victims of sexual assault and other sex crimes delay disclosing the crimes for reasons including but not limited to shame, embarrassment, self-doubt, fear of being disbelieved, and fear of retaliation by the perpetrator or others (Penal Code § 368.6(c) (11)).
(d) Victims and witnesses with disabilities, including cognitive and communication disabilities, can be highly credible witnesses when interviewed appropriately by trained officers or other trained persons (Penal Code § 368.6(c)(14)). 313.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available to investigate cases of elder and dependent adult abuse. These investigators should:
(a) Conduct interviews in appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to elder and dependent adult abuse investigations.
(c) Present all cases of alleged elder and dependent adult abuse to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies, and facility administrators as needed (Welfare and Institutions Code § 15650). (e) Provide referrals to therapy services, victim advocates, guardians, and support for the victim and family as appropriate (see the Victim and Witness Assistance Policy for additional guidance).

1. Ensure victims of sex crimes know their right to have a support person of their choice present at all times during an interview or contact (Penal Code § 368.6) (see the Sexual Assault Investigations Policy for additional guidance).

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 138

2. Referrals to the crime victim liaison as appropriate for victims requiring further assistance or information regarding benefits from crime victim resources. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55).
(g) Make reasonable efforts to determine whether any person committed unlawful interference in a mandated report.
313.5 MANDATORY NOTIFICATION
Members of the Imperial Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency when they reasonably suspect, have observed, or have knowledge of an incident that reasonably appears to be abuse of an elder or dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse (Welfare and Institutions Code § 15630(b)).

Notification shall be made by telephone as soon as practicable and a written report shall be provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c).

Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630):
(a) If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center), notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)):

1. If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency.

2. If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency.

3. If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours.

4. When a report of abuse is received by the Department, the local ombudsman shall be called to coordinate efforts to provide the most immediate and appropriate response (Welfare and Institutions Code § 15630(b)). (b) If the abuse is in a long-term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to the local ombudsman as soon as practicable (Welfare and Institutions Code § 15630(b)).
(c) The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility.
(d) The SDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 139 (e) If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified.
(f) The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. (g) The District Attorney’s office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility.
(h) If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse (Welfare and Institutions Code § 15630(b)).

1. When a report of abuse is received by the Department, investigation efforts shall be coordinated with the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services (Welfare and Institutions Code § 15630(b)).
(i) If during an investigation it is determined that the elder or dependent adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code § 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)).
(j) When the Department receives a report of abuse, neglect, or abandonment of an elder or dependent adult alleged to have occurred in a long-term care facility, the licensing agency shall be notified by telephone as soon as practicable (Welfare and Institutions Code § 15640(e)).

The Detective Bureau supervisor is responsible for ensuring that proper notifications have occurred to the District Attorney’s Office and any other regulatory agency that may be applicable based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code § 15630(b).

Notification is not required for a person who was merely present when a person self-administered a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14; Health and Safety Code § 443.18).

Failure to report, or impeding or inhibiting a report of abuse of an elder or dependent adult, is a misdemeanor (Welfare and Institutions Code §15630(h)).
313.5.1 NOTIFICATION PROCEDURE
Notification should include the following information, if known (Welfare and Institutions Code § 15630(e)):
(a) The name of the person making the report.
(b) The name and age of the elder or dependent adult.
(c) The present location of the elder or dependent adult.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 140 (d) The names and addresses of family members or any other adult responsible for the care of the elder or dependent adult.
(e) The nature and extent of the condition of the elder or dependent adult. (f) The date of incident.
(g) Any other information, including information that led the person to suspect elder or dependent adult abuse.
313.6 PROTECTIVE CUSTODY
Before taking an elder or dependent adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian, or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove an elder or dependent adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim.

Prior to taking an elder or dependent adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an elder or dependent adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody.

When elder or dependent adult abuse victims are under state control, have a state-appointed guardian, or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 313.6.1 EMERGENCY PROTECTIVE ORDERS
In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may seek an emergency protective order against the person alleged to have committed or threatened such abuse (Family Code § 6250(d)).
313.6.2 VERIFICATION OF PROTECTIVE ORDER
Whenever an officer verifies that a relevant protective order has been issued, the officer shall make reasonable efforts to determine if the order prohibits the person from possession of firearms or requires the relinquishment of firearms, and if the order does so, the officer shall make reasonable efforts to (Penal Code § 368.6(c)(19)):

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 141 (a) Inquire whether the restrained person possesses firearms. The officer should make this effort by asking the restrained person and the protected person. (b) Query the California Law Enforcement Telecommunications System to determine if any firearms are registered to the restrained person.
(c) Receive or seize prohibited firearms located in plain view or pursuant to a consensual or other lawful search in compliance with Penal Code § 18250 et seq. and in accordance with department procedures.
313.7 INTERVIEWS
313.7.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected elder or dependent adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available.
313.7.2 DETAINING VICTIMS FOR INTERVIEWS
An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:

1. A reasonable belief that medical issues of the adult need to be addressed immediately.

2. A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed.

3. The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger.
(b) A court order or warrant has been issued.
313.7.3 INTERVIEWS WITH A PERSON WITH DEAFNESS OR HEARING LOSS An officer who is interviewing a victim or witness who reports or demonstrates deafness or hearing loss should secure the services of a qualified interpreter (as defined by Evidence Code § 754) prior to the start of the interview (Penal Code § 368.6) (see the Communications with Persons with Disabilities Policy for additional guidance).
313.8 MEDICAL EXAMINATIONS
When an elder or dependent adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency, or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 142 In cases where the alleged offender is a family member, guardian, agency, or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 313.9 DRUG-ENDANGERED VICTIMS
A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an elder or dependent adult abuse victim who has been exposed to the manufacturing, trafficking, or use of narcotics. 313.9.1 SUPERVISOR RESPONSIBILITIES
The Detective Bureau supervisor should:
(a) Work with professionals from the appropriate agencies, including APS, other law enforcement agencies, medical service providers, and local prosecutors, to develop community specific procedures for responding to situations where there are elder or dependent adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Detective Bureau supervisor that he/she has responded to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where evidence indicates that an elder or dependent adult abuse victim lives. (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social, and other conditions that may affect the adult. 313.9.1 OFFICER RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where there is evidence that an elder or dependent adult abuse victim lives should:
(a) Document the environmental, medical, social, and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Detective Bureau supervisor so an interagency response can begin. 313.10 RECORDS BUREAU RESPONSIBILITIES
The Records Bureau is responsible for:
(a) Providing a copy of the elder or dependent adult abuse report to the APS, ombudsman, or other agency as applicable within two working days or as required by law (Welfare and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)). (b) Retaining the original elder or dependent adult abuse report with the initial case file.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 143 313.11 JURISDICTION
The Imperial Police Department has concurrent jurisdiction with state law enforcement agencies when investigating elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities (Penal Code § 368.5).

Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect and may assist in criminal investigations upon request, if consistent with federal law, in such cases. However, this department will retain responsibility for the criminal investigations (Penal Code § 368.5).

Additional jurisdiction responsibilities for investigations of abuse involving various facilities and agencies may be found in Welfare and Institutions Code § 15650. 313.12 RELEVANT STATUTES
Penal Code § 288 (a) and Penal Code § 288 (b)(2)
(a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1 (Of Crimes and Punishments of the Penal Code) upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (b)(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.

Penal Code § 368 (c)
Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.

Penal Code § 368 (f)
A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Protections provided by the above Penal Code § 288 and Penal Code § 368 protect many persons with disabilities regardless of the fact they live independently.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 144 Welfare and Institutions Code § 15610.05
“Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

Welfare and Institutions Code § 15610.06
“Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court.

Welfare and Institutions Code § 15610.30
(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:

1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, “representative” means a person or entity that is either of the following:

1. A conservator, trustee, or other representative of the estate of an elder or dependent adult.

2. An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Welfare and Institutions Code § 15610.43
(a) “Isolation” means any of the following:

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 145

1. Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.

2. Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.

3. False imprisonment, as defined in Section 236 of the Penal Code.

4. Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors. (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice. medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care.
(c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safe.

Welfare and Institutions Code § 15610.57
(a) “Neglect” means either of the following:

1. The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

2. The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following:

1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

2. Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

3. Failure to protect from health and safety hazards.

4. Failure to prevent malnutrition or dehydration.

5. Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 146 “Physical abuse” means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:

1. Sexual battery, as defined in Section 243.4 of the Penal Code.

2. Rape, as defined in Section 261 of the Penal Code.

3. Rape in concert, as described in Section 264.1 of the Penal Code.

4. Spousal rape, as defined in Section 262 of the Penal Code.

5. Incest, as defined in Section 285 of the Penal Code.

6. Sodomy, as defined in Section 286 of the Penal Code.

7. Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.

8. Sexual penetration, as defined in Section 289 of the Penal Code.

9. Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

1. For punishment.

2. For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.

3. For any purpose not authorized by the physician and surgeon. 313.13 TRAINING
The Department should provide training on best practices in elder and dependent adult abuse investigations to members tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting interviews.
(c) Availability of therapy services for adults and families. (d) Availability of specialized forensic medical exams.

Published with permission by Imperial Police Department ***DRAFT*** Adult Abuse - 147 (e) Cultural competence (including interpretive services) related to elder and dependent adult abuse investigations.
(f) Availability of victim advocates or other support.
313.13.1 MANDATORY TRAINING
The Training Sergeant shall ensure that appropriate personnel receive the required training, including:
(a) Materials from POST as described in Penal Code § 368.6(c)(5)(A). (b) Advanced training on senior and disability victimization available from POST, the United States Department of Justice, the Disability and Abuse Project of the Spectrum Institute, or other sources as provided by Penal Code § 368.6(c)(16)(A).

1. Training should include the following:
(a) Information on the wide prevalence of elder and dependent adult abuse, sexual assault, other sex crimes, hate crimes, domestic violence, human trafficking, and homicide against adults and children with disabilities, including disabilities caused by advanced age, and including those crimes often committed by caretakers (Penal Code § 368.6(c)(1)). (b) Information on the history of elder and dependent adult abuse and crimes against individuals with disabilities (see the POST Senior and Disability Victimization Policy Guidelines).

The Training Sergeant shall also ensure that appropriate training is provided on this policy to dispatchers, community services officers, front desk personnel, and other civilian personnel who interact with the public (Penal Code § 368.6 (c)(7)).
313.14 ELDER AND DEPENDENT ADULT ABUSE LIAISON
A department member appointed by the Chief of Police or the authorized designee will serve as the Elder and Dependent Adult Abuse Liaison. Responsibilities of the liaison include but are not limited to (Penal Code § 368.6):
(a) Acting as a liaison to other responsible agencies (defined by Penal Code § 368.6(b) (15)) to increase cooperation and collaboration among them while retaining the law enforcement agency’s exclusive responsibility for criminal investigations (Welfare and Institutions Code § 15650).
(b) Reaching out to the senior and disability communities and to the public to encourage prevention and reporting of senior and disability victimization.

Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 148 Discriminatory Harassment
314.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 314.2 POLICY
The Imperial Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation (Government Code § 12940(k); 2 CCR 11023). The Department will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect.

The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline.
314.3 DEFINITIONS
Definitions related to this policy include:
314.3.1 DISCRIMINATION
The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on 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.

Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment.

Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements, or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination.

Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 149 314.3.2 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated.
314.3.3 SEXUAL HARASSMENT
The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position, or compensation.
(b) Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member.
(c) Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment. 314.3.4 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles, or standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Council guidelines.
(b) Bona fide requests or demands by a supervisor that the member improve the member's work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and member. 314.4 RESPONSIBILITIES
This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional standards, and the best interest of the Department and its mission.

Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to the member's immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Human Resources Manager, or the City Manager.

Any member who believes, in good faith, that the member has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 150 retaliation, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy.

Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 314.4.1 QUESTIONS OR CLARIFICATION
Members with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Human Resources Manager, the City Manager, or the California Civil Rights Department for further information, direction, or clarification (Government Code § 12950). 314.4.2 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers shall include but are not limited to:
(a) Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment, or retaliation. (c) Ensuring that their subordinates understand their responsibilities under this policy. (d) Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon all available facts.
(f) Notifying the Chief of Police or the Human Resources Manager in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day. 314.4.3 SUPERVISOR’S ROLE
Supervisors and managers shall be aware of the following:
(a) Behavior of supervisors and managers should represent the values of the Department and professional standards.
(b) False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent members.

Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members, or issuing discipline, in a manner that is consistent with established procedures.
314.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member should take prompt and reasonable steps to mitigate or eliminate Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 151 any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination, retaliation, or harassment shall be fully documented and promptly and thoroughly investigated.
314.5.1 SUPERVISOR RESOLUTION
Members who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing the member's concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 314.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation will be conducted.

The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for offering testimony or evidence in an investigation.

Formal investigation of the complaint will be confidential to the extent possible and will include but is not limited to details of the specific incident, frequency and dates of occurrences, and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs.

Members who believe they have been discriminated against, harassed, or retaliated against because of their protected status, are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, the Human Resources Manager, or the City Manager. 314.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated against, or retaliated against are entitled to bring complaints of employment discrimination to federal, state, and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 314.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be:
(a) Approved by the Chief of Police, the City Manager, or the Human Resources Manager, depending on the ranks of the involved parties.

Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 152 (b) Maintained in accordance with the department's established records retention schedule.
314.6.1 NOTIFICATION OF DISPOSITION
The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 314.7 WORKING CONDITIONS
The Administration Division Commander or the authorized designee should be responsible for reviewing facility design and working conditions for discriminatory practices. This person should collaborate with other City employees who are similarly tasked (2 CCR 11034). 314.8 TRAINING
All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that the member has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the member's term with the Department.

All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents, and agree that they will continue to abide by its provisions.
314.8.1 STATE-REQUIRED TRAINING
The Training Sergeant should ensure that employees receive the required state training and education regarding sexual harassment, prevention of abusive conduct, and harassment based on gender identity, gender expression, and sexual orientation as follows (Government Code § 12950.1; 2 CCR 11024):
(a) Supervisory employees shall receive two hours of classroom or other effective interactive training and education within six months of assuming a supervisory position.
(b) All other employees shall receive one hour of classroom or other effective interactive training and education within six months of their employment or sooner for seasonal or temporary employees as described in Government Code § 12950.1. (c) All employees shall receive refresher training every two years thereafter.

If the required training is to be provided by the Civil Rights Department online training courses, the Training Sergeant should ensure that employees are provided the following website address to the training course: https://calcivilrights.ca.gov (Government Code § 12950; 2 CCR 11023). 314.8.2 TRAINING RECORDS
The Training Sergeant shall be responsible for maintaining records of all discriminatory harassment training provided to members. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (2 CCR 11024). Doesn't HR handle this training and keep record?
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Published with permission by Imperial Police Department ***DRAFT*** Discriminatory Harassment - 153 314.9 REQUIRED POSTERS
The Department shall display the required posters regarding discrimination, harassment and transgender rights in a prominent and accessible location for members (Government Code § 12950).

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 154 Child Abuse
315.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.

This policy also addresses when Imperial Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 315.1.1 DEFINITIONS
Definitions related to this policy include:

Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years.

Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166).
315.2 POLICY
The Imperial Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law.
315.3 MANDATORY NOTIFICATION
The child protection agency shall be notified when (Penal Code § 11166):
(a) There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or
(b) A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse.

The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this department. Notification of the District Attorney is not required for reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred (Penal Code § 11166).

When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority. When the alleged abuse or neglect involves a child of a minor parent or a dependent adult, notification shall also be made to the attorney of the minor or the dependent adult within 36 hours (Penal Code 11166.1; Penal Code 11166.2).

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 155 For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of the peace officer's employment as a peace officer. 315.3.1 NOTIFICATION PROCEDURE
Notification should occur as follows (Penal Code § 11166):
(a) Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission.
(b) A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident.
315.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available for child abuse investigations. These investigators should:
(a) Conduct interviews in child appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to child abuse investigations. (c) Present all cases of alleged child abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7).
315.5 INVESTIGATIONS AND REPORTING
In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated.

Investigations and reports related to suspected cases of child abuse should address, as applicable:
(a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. (b) The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian.

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 156 (c) Any relevant statements the child may have made and to whom he/she made the statements.
(d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable.
(f) Whether the child victim was transported for medical treatment or a medical examination.
(g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known.
(i) Previous addresses of the victim and suspect.
(j) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.

All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 315.5.1 EXTRA JURISDICTIONAL REPORTS
If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this jurisdiction is received, department members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax, or electronic transfer to the agency with proper jurisdiction (Penal Code § 11165.9).
315.5.2 INITIAL REPORTS OF ABUSE FROM A NONMANDATED REPORTER Members who receive a report of child abuse or neglect shall request the following information from the reporter (Penal Code § 11167):
(a) Name and telephone number
(b) Information and the source of information that gives rise to the knowledge or reasonable suspicion of child abuse or neglect
If the reporter refuses to provide their name and telephone number, the member should make a reasonable effort to determine the basis for the refusal and inform them that their information will remain confidential.

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 157 315.6 PROTECTIVE CUSTODY
Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from the child's family, guardian, or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove a child from the child's parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to CPS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody.

Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305):
(a) The officer reasonably believes the child is a person described in Welfare and Institutions Code § 300, and further has good cause to believe that any of the following conditions exist:

1. The child has an immediate need for medical care.

2. The child is in immediate danger of physical or sexual abuse.

3. The physical environment or the fact that the child is left unattended poses an immediate threat to the child's health or safety. In the case of a child left unattended, the officer shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody.
(b) The officer reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances:

1. It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court.

2. There is no lawful custodian available to take custody of the child.

3. There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child.

4. The child is an abducted child.
(c) The child is in the company of, or under the control of, a person arrested for Penal Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code § 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6).

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 158 A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order.
315.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW
An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safesurrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS.
315.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS
Under certain circumstances, officers can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs.

Officers shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate. 315.7 INTERVIEWS
315.7.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred.
315.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:

1. A reasonable belief that medical issues of the child need to be addressed immediately.

2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed.

3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger.
(b) A court order or warrant has been issued.

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 159 315.7.3 INTERVIEWS AT A SCHOOL
Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3). 315.8 MEDICAL EXAMINATIONS
If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility.

In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination.
315.9 DRUG-ENDANGERED CHILDREN
A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics.
315.9.1 SUPERVISOR RESPONSIBILITIES
The Detective Bureau supervisor should:
(a) Work with professionals from the appropriate agencies, including CPS, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs.
(b) Activate any available interagency response when an officer notifies the Detective Bureau supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 315.9.2 OFFICER RESPONSIBILITIES
Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should:

Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 160 (a) Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Detective Bureau supervisor so an interagency response can begin. 315.10 STATE MANDATES AND OTHER RELEVANT LAWS
California requires or permits the following:
315.10.1 RELEASE OF REPORTS
Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code § 841.5; Penal Code § 11167.5).
315.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI) Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer.
315.10.3 CACI HEARING OFFICER
The Detective Bureau supervisor will normally serve as the hearing officer but must not be actively connected with the case that resulted in the person’s name being submitted to CACI. Upon receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to take place during normal business hours and provide written notification of the time and place of the hearing to the requesting party.
315.10.4 CACI HEARING PROCEDURES
The hearing is an informal process where the person requesting removal from the CACI list will be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of innocence) as to why his/her name should be removed. The person requesting the hearing may record the hearing at his/her own expense.

Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence submitted by the person requesting the hearing, any relevant information including, but not limited to, the following:
(a) Case reports including any supplemental reports
(b) Statements by investigators
(c) Statements from representatives of the District Attorney’s Office (d) Statements by representatives of a child protective agency who may be familiar with the case
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Published with permission by Imperial Police Department ***DRAFT*** Child Abuse - 161 After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169).

If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the person’s name be removed from the CACI list. A copy of the hearing results and the request for removal will be attached to the case reports.

The findings of the hearing officer shall be considered final and binding. 315.10.5 CHILD DEATH REVIEW TEAM
This department should cooperate with any interagency child death review team investigation. Written and oral information relating to the death of a child that would otherwise be subject to release restrictions may be disclosed to the child death review team upon written request and approval of a supervisor (Penal Code § 11174.32). 315.11 TRAINING
The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting forensic interviews.
(c) Availability of therapy services for children and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to child abuse investigations.
(f) Availability of victim advocate or guardian ad litem support.

Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 162 Missing Persons
316.1 PURPOSE AND SCOPE
This policy provides guidance for handling missing person investigations. 316.1.1 DEFINITIONS
At risk - Includes, but is not limited to (Penal Code § 14215):
• A victim of a crime or foul play.
• A person missing and in need of medical attention.
• A missing person with no pattern of running away or disappearing. • A missing person who may be the victim of parental abduction. • A mentally impaired missing person, including cognitively impaired or developmentally disabled.

Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215).

Missing person networks - Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS). 316.2 POLICY
The Imperial Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Imperial Police Department gives missing person cases priority over propertyrelated cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211).
316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Investigation supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including:
• Department report form for use in missing person cases • Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07)
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Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 163 • Missing person school notification form
• Medical records release form from the California Department of Justice • California DOJ missing person forms as appropriate
• Biological sample collection kits
316.4 ACCEPTANCE OF REPORTS
Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report.

A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). 316.5 INITIAL INVESTIGATION
Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable:
(a) Respond to a dispatched call for service as soon as practicable. (b) Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c) Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d) Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211). (e) Ensure that entries are made into the appropriate missing person networks as follows:

1. Immediately, when the missing person is at risk.

2. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report.
(f) Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts.
(g) Collect and/or review:

1. A photograph and a fingerprint card of the missing person, if available.

2. A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush).

Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 164

3. Any documents that may assist in the investigation, such as court orders regarding custody.

4. Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers).
(h) When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier. (i) Contact the appropriate agency if the report relates to a previously made missing person report and another agency is actively investigating that report. When this is not practical, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person.
316.6 REPORT PROCEDURES AND ROUTING
Employees should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 316.6.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of the supervisor shall include, but are not limited to:
(a) Reviewing and approving missing person reports upon receipt.

1. The reports should be promptly sent to the Records Bureau. (b) Ensuring resources are deployed as appropriate.
(c) Initiating a command post as needed.
(d) Ensuring applicable notifications and public alerts are made and documented. (e) Ensuring that records have been entered into the appropriate missing persons networks.
(f) Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies.

If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction.
316.6.2 RECORDS BUREAU RESPONSIBILITIES
The receiving member shall:
(a) As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211).

Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 165 (b) Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211). (c) Notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s intended or possible destination, if known. (d) Forward a copy of the report to the Detective Bureau. (e) Coordinate with the NCIC Terminal Contractor for California to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (34 USC § 41308). 316.7 DETECTIVE BUREAU FOLLOW-UP
In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation:
(a) Shall ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile.

1. The notice shall be in writing and should also include a photograph (Education Code § 49068.6).

2. The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school. (b) Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party.
(c) Should consider contacting other agencies involved in the case to determine if any additional information is available.
(d) Shall verify and update CLETS, NCIC, and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (34 USC § 41308). (e) Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days.
(f) Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (34 USC § 41308). (g) Should make appropriate inquiry with the Coroner.
(h) Should obtain and forward medical and dental records, photos, X-rays, and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250. (i) Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (34 USC § 41308).

Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 166 (j) Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs).
(k) In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 566). 316.8 WHEN A MISSING PERSON IS FOUND
When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted.

The Records Supervisor shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213):
(a) Notification is made to California DOJ.
(b) The missing person’s school is notified.
(c) Entries are made in the applicable missing person networks. (d) Immediately notify the Attorney General’s Office.
(e) Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 316.8.1 UNIDENTIFIED PERSONS
Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should:
(a) Obtain a complete description of the person.
(b) Enter the unidentified person’s description into the NCIC Unidentified Person File. (c) Use available resources, such as those related to missing persons, to identify the person.
316.9 CASE CLOSURE
The Detective Bureau supervisor may authorize the closure of a missing person case after considering the following:
(a) Closure is appropriate when the missing person is confirmed returned or evidence has matched an unidentified person or body.
(b) If the missing person is a resident of Imperial or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case.

Published with permission by Imperial Police Department ***DRAFT*** Missing Persons - 167 (c) If this department is not the lead agency, the case can be made inactivate if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks as appropriate. (d) A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant.
316.10 TRAINING
Subject to available resources, the Training Sergeant should ensure that members of this department whose duties include missing person investigations and reports receive regular training that includes:
(a) The initial investigation:

1. Assessments and interviews

2. Use of current resources, such as Mobile Audio Video (MAV)

3. Confirming missing status and custody status of minors

4. Evaluating the need for a heightened response

5. Identifying the zone of safety based on chronological age and developmental stage
(b) Briefing of department members at the scene.
(c) Identifying NCIC Missing Person File categories (e.g., disability, endangered, involuntary, juvenile and catastrophe).
(d) Verifying the accuracy of all descriptive information. (e) Initiating a neighborhood investigation.
(f) Investigating any relevant recent family dynamics.
(g) Addressing conflicting information.
(h) Key investigative and coordination steps.
(i) Managing a missing person case.
(j) Additional resources and specialized services.
(k) Update procedures for case information and descriptions. (l) Preserving scenes.
(m) Internet and technology issues (e.g., Internet use, cell phone use). (n) Media relations.

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 168 Public Alerts
317.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate.
317.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system's individual criteria. Via social media alerts.
317.3 RESPONSIBILITIES
317.3.1 MEMBER RESPONSIBILITIES
Members of the Imperial Police Department should notify their supervisor, Watch Commander, or Detective Bureau Supervisor as soon as practicable upon learning of a situation where public notification, a warning, or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person, or gathering information. 317.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Division Commander and the Public Information Officer when any public alert is generated.

The supervisor in charge of the investigation to which the alert relates is responsible for the following:
(a) Updating alerts
(b) Canceling alerts
(c) Ensuring all appropriate reports are completed
(d) Preparing an after-action evaluation of the investigation to be forwarded to the Division Commander
317.4 AMBER ALERTS
The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases.

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 169 317.4.1 CRITERIA FOR AMBER ALERT
The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)):
(a) A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian.
(b) The victim is 17 years of age or younger, or has a proven mental or physical disability. (c) The victim is in imminent danger of serious injury or death. (d) There is information available that, if provided to the public, could assist in the child’s safe recovery.
317.4.2 PROCEDURE FOR AMBER ALERT
The supervisor in charge will ensure the following:
(a) An initial press release is prepared that includes all available information that might aid in locating the child:

1. The child’s identity, age and description

2. Photograph if available

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

4. Pertinent vehicle description

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

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

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

1. The local FBI office

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 170 317.5 BLUE ALERTS
Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel. (Former LAPD Officer Christopher Dorner)
317.5.1 CRITERIA FOR BLUE ALERTS
All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5):
(a) A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b) The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c) A detailed description of the suspect’s vehicle or license plate is available for broadcast.
(d) Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.
317.5.2 PROCEDURE FOR BLUE ALERT
The supervisor in charge should ensure the following:
(a) An initial press release is prepared that includes all available information that might aid in locating the suspect:

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

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

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

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

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

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

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

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 171 317.6 SILVER ALERTS
Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10).
317.6.1 CRITERIA FOR SILVER ALERTS
All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10):
(a) The missing person is 65 years of age or older, developmentally disabled or cognitively impaired.
(b) The department has utilized all available local resources. (c) The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
317.6.2 PROCEDURE FOR SILVER ALERT
Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). ICSO Dispatch?
317.7 ADDITIONAL ALERTS FOR PUBLIC SAFETY EMERGENCIES
Additional public safety emergency alerts may be authorized that utilize wireless emergency alert system (WEA) and emergency alert system (EAS) equipment for alerting and warning the public to protect lives and save property (Government Code § 8593.7). 317.7.1 CRITERIA
Public safety emergency alerts may be issued to alert or warn the public about events including but not limited to:
(a) Evacuation orders (including evacuation routes, shelter information, key information). (b) Shelter-in-place guidance due to severe weather.
(c) Terrorist threats.
(d) HazMat incidents.
317.7.2 PROCEDURE
Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7).

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 172 317.8 YELLOW ALERT
A Yellow Alert may be issued when a person is killed due to a hit-and-run incident and the department has specified information concerning the suspect or the suspect's vehicle (Government Code § 8594.15). (AKA BOLO, 836 or stop and detain. 317.8.1 CRITERIA FOR YELLOW ALERT
All of the following conditions must be met before activating a Yellow Alert (Government Code § 8594.15):
(a) A person has been killed due to a hit-and-run incident. (b) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system. (c) The department has additional information concerning the suspect or the suspect's vehicle including but not limited to the following:

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

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

3. The identity of a suspect.

4. Public dissemination of available information could either help avert further harm or accelerate apprehension of a suspect based on any factor, including but not limited to the time elapsed between a hit-and-run incident and the request or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
317.8.2 PROCEDURE FOR YELLOW ALERT
Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). Or ICSO Dispatch)
317.9 FEATHER ALERT
A Feather Alert may be issued when an indigenous person is reported missing under unexplained or suspicious circumstances (Government Code § 8594.13). 317.9.1 CRITERIA FOR FEATHER ALERT
All of the following conditions must be met before activating a Feather Alert (Government Code § 8594.13):
(a) The missing person is an indigenous person.
(b) The Department has utilized local and tribal resources. (c) The investigating officer has determined the person has gone missing under unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 173 the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. Does Winterhaven ICSO Sub station do these? 317.9.2 PROCEDURE FOR FEATHER ALERT
Requests for a Feather Alert shall be made through the California Highway Patrol (Government Code § 8594.13).
317.10 ENDANGERED MISSING ADVISORY
An Endangered Missing Advisory may be requested when a person is reported missing who is developmentally disabled, or cognitively impaired, or has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk (Government Code § 8594.11). 317.10.1 CRITERIA FOR ENDANGERED MISSING ADVISORY
All of the following conditions must be met before activating an Endangered Missing Advisory (Government Code § 8594.11):
(a) The missing person is developmentally disabled, cognitively impaired, has been abducted or is otherwise unable to care for themselves, placing their physical safety at risk.
(b) The Department has utilized all available local resources. (c) The investigating officer has determined the person has gone missing under unexplained or suspicious circumstances.
(d) The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
317.10.2 PROCEDURE FOR ENDANGERED MISSING ADVISORIES
Requests for an endangered missing advisory shall be made through the California Highway Patrol (Government Code § 8594.11). Or ICSO Dispatch?
317.11 EBONY ALERT
An Ebony Alert may be requested when it is determined the alert would be an effective tool in the investigation of missing Black(?) youth, including a young woman or girl (Government Code § 8594.14).
317.11.1 CRITERIA FOR EBONY ALERT
The investigating officer may consider the following factors to make the determination that an Ebony Alert would be an effective tool (Government Code § 8594.14):
(a) The missing person is between the ages of 12 and 25 years old, inclusive.

Published with permission by Imperial Police Department ***DRAFT*** Public Alerts - 174 (b) The missing person is missing under circumstances that indicate their physical safety is endangered or they have been subject to trafficking. (c) The missing person suffers from a mental or physical disability. (d) Determination that the person has gone missing under unexplained or suspicious circumstances.
(e) Belief that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril.
(f) The Department has utilized all available local resources. (g) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
317.11.2 PROCEDURE FOR EBONY ALERT
Requests for an Ebony Alert shall be made through the California Highway Patrol (Government Code § 8594.14).

Published with permission by Imperial Police Department ***DRAFT*** Victim and Witness Assistance - 175 Victim and Witness Assistance
318.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates.
318.2 POLICY
The Imperial Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Imperial Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy.
318.3 CRIME VICTIM LIAISON
The Chief of Police shall appoint a member of the Department to serve as the crime victim liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Imperial Police Department regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 318.3.1 CRIME VICTIM LIAISON DUTIES
The crime victim liaison is specifically tasked with the following:
(a) Developing and implementing written procedures for notifying and providing forms for filing with the California Victim Compensation Board (CalVCB) to crime victims, their dependents, or family. Access to information or an application for victim compensation shall not be denied based on the victim's or derivative victim's designation as a gang member, associate, or affiliate, or on the person's documentation or immigration status (Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36).
(b) Responding to inquiries concerning the procedures for filing a claim with CalVCB (2 CCR 649.36).
(c) Providing copies of crime reports requested by CalVCB or victim witness assistance centers. Disclosure of reports must comply with the Records Maintenance and Release Policy.
(d) Annually providing CalVCB with the crime victim liaison's contact information (Government Code § 13962).
(e) Developing in consultation with sexual assault experts a sexual assault victim card explaining the rights of victims under California law (Penal Code § 680.2).

1. Ensuring that sufficient copies of the rights of sexual assault victim card are provided to each provider of medical evidentiary examinations or physical examinations arising out of sexual assault in the Imperial Police Department jurisdiction (Penal Code § 680.2).

Published with permission by Imperial Police Department ***DRAFT*** Victim and Witness Assistance - 176 (f) Providing information required by Penal Code § 679.09 of a deceased minor to a parent or guardian of the minor whose death is being investigated.

1. In cases where the parent or guardian of the deceased minor cannot be located, information required by Penal Code § 679.09 shall be provided to the victim's immediate family, upon their request.
(g) Providing notification to victims of human trafficking or abuse of their right to have a human trafficking advocate and a support person that the victim chooses present during an interview by the Department, prosecutor, or the suspect's defense attorney (Penal Code § 236.21).
318.4 CRIME VICTIMS
Officers should provide all victims with the applicable victim information handouts.

Officers should never guarantee a victim’s safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written department material or available victim resources. 318.4.1 VICTIMS OF HUMAN TRAFFICKING
Officers investigating or receiving a report involving a victim of human trafficking shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim the names and images of the victim and his/her immediate family members may be withheld from becoming a matter of public record until the conclusion of the investigation or prosecution (Penal Code § 293).
318.5 VICTIM INFORMATION
The Administration Supervisor shall ensure that victim information handouts are available and current. These should include as appropriate:
(a) Shelters and other community resources for victims of domestic violence. (b) Community resources for victims of sexual assault.
(c) Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage, and preservation in sexual assault cases (34 USC § 10449; 34 USC § 20109; Penal Code § 13823.95(a)).
(d) An explanation that victims of sexual assault who seek a standardized medical evidentiary examination shall not be required to participate or agree to participate in the criminal justice system, either prior to the examination or at any other time (Penal Code § 13823.95(b)).
(e) An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety.
(f) A clear explanation of relevant court orders and how they can be obtained.

Published with permission by Imperial Police Department ***DRAFT*** Victim and Witness Assistance - 177 (g) Information regarding available compensation for qualifying victims of crime (Government Code § 13962).
(h) VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail.
(i) Notice regarding U visa and T visa application processes. (j) Resources available for victims of identity theft.
(k) A place for the officer’s name, badge number, and any applicable case or incident number.
(l) The "Victims of Domestic Violence" card containing the names, phone numbers, or local county hotlines of local shelters for battered women and rape victim counseling centers within the county and their 24-hour counseling service telephone numbers (Penal Code § 264.2).
(m) The rights of sexual assault victims card with the required information as provided in Penal Code § 680.2.
(n) Any additional information required by state law (Penal Code § 13701; Penal Code § 679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026). 318.6 WITNESSES
Officers should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation.

Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable.

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 178 Hate Crimes
319.1 PURPOSE AND SCOPE
This policy is designed to assist in identifying and handling crimes motivated by hate or other bias toward individuals and groups with legally defined protected characteristics, to define appropriate steps for assisting victims, and to provide a guide to conducting related investigations. It outlines the general policy framework for prevention, response, accessing assistance, victim assistance and follow-up, and reporting as related to law enforcement's role in handling hate crimes. It also serves as a declaration that hate crimes are taken seriously and demonstrates how the Imperial Police Department may best use its resources to investigate and solve an offense, in addition to building community trust and increasing police legitimacy (Penal Code § 13519.6; Penal Code § 422.87).
319.1.1 DEFINITION AND LAWS
In accordance with Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.6; and Penal Code § 422.87, for purposes of all other state law, unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:

Bias motivation - Bias motivation is a pre-existing negative attitude toward actual or perceived characteristics referenced in Penal Code § 422.55. Depending on the circumstances of each case, bias motivation may include but is not limited to hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one's "own kind," or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including but not limited to disability or gender.

Disability - Disability includes mental disability and physical disability as defined in Government Code § 12926, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.

Disability bias - In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as but not limited to dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore "deserving victims," a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations.

In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability bias. This includes but is not limited to situations where a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons, such as inebriated persons or persons with perceived disabilities different from those of the victim. Such circumstances could be evidence that the perpetrator's Imperial Police Department
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Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 179 motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity.

Gender - Gender means sex and includes a person's gender identity and gender expression.

Gender expression - Gender expression means a person's gender-related appearance and behavior, regardless of whether it is stereotypically associated with the person's assigned sex at birth.

Gender identity - Gender identity means each person's internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender (2 CCR § 11030).

Hate crime - "Hate crime" includes but is not limited to a violation of Penal Code § 422.6, and means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived characteristics:

1. "Association with a person or group with one or more of these actual or perceived characteristics" includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of "hate crime" under paragraphs 1 to 6, inclusive, of Penal Code § 422.55(a).

Note: A "hate crime" need not be motivated by hate but may be motivated by any bias against a protected characteristic.

Hate incident - A hate incident is an action or behavior motivated by hate or bias but legally protected by the First Amendment right to freedom of expression. Examples of hate incidents include:
• Name-calling
• Insults and epithets
• Distributing hate material in public places
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Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 180 • Displaying hate material on your own property
Hate speech - The First Amendment to the U.S. Constitution protects most speech, even when it is disagreeable, offensive, or hurtful. The following types of speech are generally not protected:
• Fighting words
• True threats
• Perjury
• Blackmail
• Incitement to lawless action
• Conspiracy
• Solicitation to commit any crime
In whole or in part - "In whole or in part because of" means that the bias motivation must be a cause in fact of the offense whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that a crime would not have been committed but for the actual or perceived characteristic.

Nationality - Nationality means country of origin, immigration status, including citizenship, and national origin.

Race or ethnicity - Race or ethnicity includes ancestry, color, and ethnic background.

Religion - Religion includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.

Religious bias - In recognizing suspected religion-bias hate crimes, officers should consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion (e.g., crosses, hijabs, Stars of David, turbans, head coverings, statues of the Buddha).

Sexual orientation - Sexual orientation means heterosexuality, homosexuality, or bisexuality.

Victim - Victim includes but is not limited to:
• Community center
• Educational facility
• Entity
• Family
• Group
• Individual
• Office
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Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 181 • Meeting hall
• Person
• Place of worship
• Private institution
• Public agency
• Library
• Other victim or intended victim of the offense
319.2 POLICY
It is the policy of this department to safeguard the rights of all individuals irrespective of their disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one or more of these actual or perceived characteristics. Any acts or threats of violence, property damage, harassment, intimidation, or other crimes motivated by hate or bias should be viewed very seriously and given high priority.

This department will employ reasonably available resources and vigorous law enforcement action to identify and arrest hate crime perpetrators. Also, recognizing the particular fears and distress typically suffered by victims, the potential for reprisal and escalation of violence, and the farreaching negative consequences of these crimes on the community, this department should take all reasonable steps to attend to the security and related concerns of the immediate victims and their families as feasible.

All officers are required to be familiar with the policy and use reasonable diligence to carry out the policy unless directed by the Chief of Police or other command-level officer to whom the Chief of Police formally delegates this responsibility.
319.3 PLANNING AND PREVENTION
In order to facilitate the guidelines contained within this policy, department members will continuously work to build and strengthen relationships with the community, engage in dialogue, and provide education to the community about this policy. Department personnel are also encouraged to learn about the inherent issues concerning their communities in relation to hate crimes.

Although hate incidents are not criminal events, they can be indicators of, or precursors to, hate crimes. Hate incidents should be investigated and documented as part of an overall strategy to prevent hate crimes.
319.3.1 HATE CRIMES COORDINATOR
A department member appointed by the Chief of Police or the authorized designee will serve as the Hate Crimes Coordinator. The responsibilities of the Hate Crimes Coordinator should include but not be limited to (Penal Code § 422.87):

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 182 (a) Meeting with residents in target communities to allay fears; emphasizing the department's concern over hate crimes and related incidents; reducing the potential for counter-violence; and providing safety, security, and crime-prevention information.

Cultural diversity education and immersion programs (if available) could facilitate this process.
(b) Finding, evaluating, and monitoring public social media sources to identify possible suspects in reported hate crimes; to identify suspects or suspect groups in future hate crimes or hate incidents affecting individuals, groups, or communities that may be victimized; and to predict future hate-based events.
(c) Providing direct and referral assistance to the victim and the victim's family. (d) Conducting public meetings on hate crime threats and violence in general. (e) Establishing relationships with formal community-based organizations and leaders. (f) Expanding, where appropriate, preventive programs such as hate, bias, and crimereduction seminars for students. (g) Reviewing the Attorney General's latest opinion on hate crime statistics and targets in order to prepare and plan for future crimes, specifically for Arab/Middle Eastern and Muslim communities (Penal Code § 13519.6(b)(8)).
(h) Providing orientation of and with communities of specific targeted victims such as immigrant, Muslim, Arab, LGBTQ, Black or African-American, Jewish, and Sikh persons and persons with disabilities.
(i) Coordinating with the Training Sergeant to develop a schedule of required hate-crime training and include in a training plan recognition of hate crime bias characteristics, including information on general underreporting of hate crimes. (j) Verifying a process is in place to provide this policy and related orders to officers in the field and taking reasonable steps to rectify the situation if such a process is not in place.
(k) Taking reasonable steps to ensure hate crime data is provided to the Records Bureau for mandated reporting to the Department of Justice.

1. Ensure the California Department of Justice crime data is posted monthly on the department website (Penal Code § 13023).
(l) Reporting any suspected multi-mission extremist crimes to the department Terrorism Liaison Officer, the assigned designee, or other appropriate resource; and verifying that such data is transmitted to the Joint Regional Information Exchange System in accordance with the protocols of the Records Bureau Policy. (m) Maintaining the department's supply of up-to-date hate crimes brochures (Penal Code § 422.92; Penal Code § 422.87).
(n) Submitting required hate crime materials to the California Department of Justice in accordance with the timeline established by state law (Penal Code § 13023). (o) Annually assessing this policy, including:

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 183

1. Keeping abreast of POST model policy framework for hate crimes for revisions or additions, including definitions, responsibilities, training resources, the supplemental hate crime report, and planning and prevention methods.

2. Analysis of the department's data collection as well as the available outside data (e.g., annual California Attorney General's report on hate crime) in preparation for and response to future hate crimes.
319.3.2 RELEASE OF INFORMATION
Establishing a relationship with stakeholders, before any incident occurs, to develop a network and protocol for disclosure often assists greatly in any disclosure.

The benefit of public disclosure of hate crime incidents includes:
(a) Dissemination of correct information.
(b) Assurance to affected communities or groups that the matter is being properly and promptly investigated.
(c) The ability to request information regarding the commission of the crimes from the victimized community.

Information or records relating to hate crimes subject to public disclosure shall be released as provided by the Records Maintenance and Release Policy or as allowed by law. In accordance with the Media Relations Policy, the supervisor, public information officer, or the authorized designee should be provided with information that can be responsibly reported to the media. When appropriate, the department spokesperson should reiterate that hate crimes will not be tolerated, will be investigated seriously, and will be prosecuted to the fullest extent of the law.

The Department should consider the following when releasing information to the public regarding hate crimes and hate incidents that have been reported within the jurisdiction:
• Inform community organizations in a timely manner when a community group has been the target of a hate crime.
• Inform the community of the impact of these crimes on the victim, the victim’s family, and the community, and of the assistance and compensation available to victims. • Inform the community regarding hate crime law and the legal rights of, and remedies available to, victims of hate crimes.
• Provide the community with ongoing information regarding hate crimes and/or hate incidents.
319.4 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP
319.4.1 INITIAL RESPONSE
First responding officers should know the role of all department personnel as they relate to the department's investigation of hate crimes and/or incidents. Responding officers should evaluate the need for additional assistance and, working with supervision and/or investigations, access needed assistance if applicable.

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 184 At the scene of a suspected hate or bias crime, officers should take preliminary actions reasonably deemed necessary, including but not limited to the following:
(a) Use agency checklist (per Penal Code § 422.87) to assist in the investigation of any hate crime (see Appendix).
(b) Stabilize the victims and request medical attention when necessary. (c) Properly protect the safety of victims, witnesses, and perpetrators.

1. Assist victims in seeking a Temporary Restraining Order (if applicable). (d) Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community.
(e) Properly protect, preserve, and process the crime scene, and remove all physical evidence of the incident as soon as possible after the offense is documented. If evidence of an inflammatory nature cannot be physically removed, the property owner should be contacted to facilitate removal or covering as soon as reasonably possible.

Department personnel should follow up with the property owner to determine if this was accomplished in a timely manner.
(f) Collect and photograph physical evidence or indicators of hate crimes such as:

1. Hate literature.

2. Spray paint cans.

3. Threatening letters.

4. Symbols used by hate groups.
(g) Identify criminal evidence on the victim.
(h) Request the assistance of translators or interpreters when needed to establish effective communication with witnesses, victims, or others as appropriate. (i) Conduct a preliminary investigation and record pertinent information including but not limited to:

1. Identity of suspected perpetrators.

2. Identity of witnesses, including those no longer at the scene.

3. The offer of victim confidentiality per Government Code § 7923.615.

4. Prior occurrences in this area or with this victim.

5. Statements made by suspects; exact wording is critical.

6. The victim's protected characteristics and determine if bias was a motivation "in whole or in part" in the commission of the crime.
(j) Adhere to Penal Code § 422.93, which protects hate crime victims and witnesses from being reported to federal immigration authorities if they have not committed any crime under state law.

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 185 (k) Provide information regarding immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa).
(l) Provide the department's Hate Crimes Brochure (per Penal Code § 422.92) if asked, if necessary, or per policy.
(m) Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing).
(n) Document any suspected multi-mission extremist crimes. 319.4.2 INVESTIGATION
Investigators at the scene of, or performing follow-up investigation on, a suspected hate or bias crime or hate incident should take all actions deemed reasonably necessary, including but not limited to the following:
(a) Consider typologies of perpetrators of hate crimes and incidents, including but not limited to thrill, reactive/defensive, and mission (hard core). (b) Utilize investigative techniques and methods to handle hate crimes or hate incidents in a professional manner.
(c) Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing).
(d) Properly investigate any report of a hate crime committed under the color of authority per Penal Code § 422.6 and Penal Code § 13519.6.
(e) Document physical evidence or indicators of hate crimes, in accordance with the provisions of the Property and Evidence Policy, such as:

1. Hate literature.

2. Spray paint cans.

3. Threatening letters.

4. Symbols used by hate groups.

5. Desecration of religious symbols, objects, or buildings. (f) Request the assistance of translators or interpreters when needed to establish effective communication.
(g) Conduct a preliminary investigation and record information regarding:

1. Identity of suspected perpetrators.

2. Identity of witnesses, including those no longer at the scene.

3. Offer of victim confidentiality per Government Code § 7923.615.

4. Prior occurrences, in this area or with this victim.

5. Statements made by suspects; exact wording is critical.

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 186

6. Document the victim's protected characteristics.
(h) Provide victim assistance and follow-up.
(i) Canvass the area for additional witnesses.
(j) Examine suspect's social media activity for potential evidence of bias motivation. (k) Coordinate the investigation with department, state, and regional intelligence operations. These sources can provide the investigator with an analysis of any patterns, organized hate groups, and suspects potentially involved in the offense. (l) Coordinate the investigation with the crime scene investigation unit (if applicable) or other appropriate units of the Department.
(m) Determine if the incident should be classified as a hate crime. (n) Take reasonable steps to provide appropriate assistance to hate crime victims, including the following measures:

1. Contact victims periodically to determine whether they are receiving adequate and appropriate assistance.

2. Provide ongoing information to victims about the status of the criminal investigation.

3. Provide victims and any other interested persons the brochure on hate crimes per Penal Code § 422.92 and information on any local advocacy groups (if asked).
(o) Document any suspected multi-mission extremist crimes. (p) Coordinate with other law enforcement agencies in the area to assess patterns of hate crimes and/or hate incidents, and determine if organized hate groups are involved. 319.4.3 SUPERVISION
The supervisor shall confer with the initial responding officer and take reasonable steps to ensure that necessary preliminary actions have been taken. The supervisor shall request any appropriate personnel necessary to accomplish the following:
(a) Provide immediate assistance to the crime victim by:

1. Expressing the department's official position on the importance of these cases and the measures that will be taken to apprehend the perpetrators.

2. Expressing the department's interest in protecting victims' anonymity (confidentiality forms, Government Code § 7923.615) to the extent reasonably possible. Allow the victims to convey their immediate concerns and feelings.

3. Identifying individuals or agencies that may provide victim assistance and support. Local victim assistance resources may include family members or close acquaintances, clergy, or a department chaplain, as well as community service agencies that provide shelter, food, clothing, child care, or other related services (per Penal Code § 422.92).

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 187 (b) Take reasonable steps to ensure that all relevant facts are documented on an incident and/or arrest report and make an initial determination as to whether the incident should be classified as a hate crime for federal and state bias-crimes reporting purposes. (c) Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community.
(d) In cases of large-scale hate crime waves, or in circumstances where the potential exists for subsequent hate crimes or incidents, consider directing resources to protect vulnerable sites (such as assigning an officer to specific locations that could become targets).
(e) Verify hate crimes are being properly reported, including reporting to the Department of Justice, pursuant to Penal Code § 13023.
(f) Verify adherence to Penal Code § 422.93, which protects hate crime victims and witnesses from being reported to federal immigration authorities if they have not committed any crime under state law. Supervisors should also be aware of the immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa). (g) Respond to and properly initiate an investigation of any reports of hate crimes committed under the color of authority.
(h) Provide appropriate assistance, including activating the California Department of Justice hate crime rapid response protocol if necessary. For additional information refer to the California Department of Justice website.
(i) Verify reporting of any suspected multi-mission extremist crimes to the agency Hate Crimes Coordinator.
(j) Make a final determination as to whether the incident should be classified as a hate crime and forward to the Chief of Police for approval.
319.5 TRAINING
All members of this department will receive POST-approved training on hate crime recognition and investigation as provided by Penal Code § 13519.6. Training should include (Penal Code § 422.87):
(a) Recognition of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic or group, including disability bias, gender bias, and religion bias. (b) Accurate reporting by officers, including information on the general underreporting of hate crimes.
(c) Distribution of hate crime brochures.
319.6 APPENDIX
See attachments:

Published with permission by Imperial Police Department ***DRAFT*** Hate Crimes - 188 Supplemental Hate Crime Report.pdf
Policy
320
Imperial Police Department
Imperial PD Policy Manual
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Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 189 Standards of Conduct
320.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the Imperial Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member’s supervisors.
320.2 POLICY
The continued employment or appointment of every member of the Imperial Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action.
320.3 DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. What is the current process when a new directive is issued by the Chief and or Captain? 320.3.1 UNLAWFUL OR CONFLICTING ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order.

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

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

Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 190 The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason.
320.3.2 SUPERVISOR RESPONSIBILITIES
Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for:
(a) Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control.
(b) Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy.
(c) Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. (d) The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose.
320.4 GENERAL STANDARDS
Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.

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

Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct.
320.5 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service:
320.5.1 LAWS, RULES AND ORDERS
(a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals.
(b) Disobedience of any legal directive or order issued by any department member of a higher rank.
(c) Violation of federal, state, local or administrative laws, rules or regulations.

Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 191 320.5.2 ETHICS
(a) Using or disclosing one’s status as a member of the Imperial Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity.
(b) The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted).
(d) Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state.
(e) Offer or acceptance of a bribe or gratuity.
(f) Misappropriation or misuse of public funds, property, personnel or services. (g) Any other failure to abide by the standards of ethical conduct. 320.5.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 320.5.4 RELATIONSHIPS
(a) Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one’s official capacity.
(b) Engaging in on--duty sexual activity, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d) Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e) Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department.
(f) Participation in a law enforcement gang as defined by Penal Code § 13670.

Participation is grounds for termination (Penal Code § 13670).

Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 192 320.5.5 ATTENDANCE
(a) Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval.
(b) Unexcused or unauthorized absence or tardiness.
(c) Excessive absenteeism or abuse of leave privileges. When is it ruled an abuse? (d) Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse.
320.5.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
(a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member’s position with this department.
(a) Members of this department shall not disclose the name, address, or image of any victim of human trafficking except as authorized by law (Penal Code § 293). (b) Disclosing to any unauthorized person any active investigation information. (c) The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee.
(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any department property for personal use, personal gain, or any other improper or unauthorized use or purpose.
(e) Using department resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.
320.5.7 EFFICIENCY
(a) Neglect of duty.
(b) Unsatisfactory work performance including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
(c) Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
(d) Unauthorized sleeping during on-duty time or assignments. (e) Failure to notify the Department within 24 hours of any change in residence address or contact numbers.
(f) Failure to notify the Department of Human Resources of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion.

Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 193 320.5.8 PERFORMANCE
(a) Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. (b) The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document.
(c) Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department -related business.
(d) Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members.
(e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members.
(f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:

1. While on department premises.

2. At any work site, while on-duty or while in uniform, or while using any department equipment or system.

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

1. Unauthorized attendance while on-duty at official legislative or political sessions.

2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty or, on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police.
(h) Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (i) Any act on- or off-duty that brings discredit to this department. 320.5.9 CONDUCT
(a) Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law Imperial Police Department
Imperial PD Policy Manual
Standards of Conduct
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Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 194 enforcement agency or that may result in criminal prosecution or discipline under this policy.
(b) Unreasonable and unwarranted force to a person encountered or a person under arrest.
(c) Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct.
(d) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another.
(e) Engaging in horseplay that reasonably could result in injury or property damage. (f) Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City.
(g) Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h) Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. (i) Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (j) Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k) Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. (l) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action.
(m) Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 320.5.10 SAFETY
(a) Failure to observe or violating department safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid).
(c) Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties.
(d) Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty.
(e) Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member's appointing authority.

Published with permission by Imperial Police Department ***DRAFT*** Standards of Conduct - 195 (f) Unsafe or improper driving habits or actions in the course of employment or appointment.
(g) Any personal action contributing to a preventable traffic collision. (h) Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.
320.5.11 INTOXICANTS
(a) Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal.
(b) Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance.
(c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site.

Published with permission by Imperial Police Department ***DRAFT*** Information Technology Use - 196 Information Technology Use
321.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of department information technology resources, including computers, electronic devices, hardware, software and systems. 321.1.1 DEFINITIONS
Definitions related to this policy include:

Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented or licensed by the Imperial Police Department that are provided for official use by its members. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the Department or department funding.

Hardware - Includes, but is not limited to, computers, computer terminals, network equipment, electronic devices, telephones, including cellular and satellite, pagers, modems or any other tangible computer device generally understood to comprise hardware.

Software - Includes, but is not limited to, all computer programs, systems and applications, including shareware. This does not include files created by the individual user.

Temporary file, permanent file or file - Any electronic document, information or data residing or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs or videos. 321.2 POLICY
It is the policy of the Imperial Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the Department in a professional manner and in accordance with this policy. 321.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to emails, texts, or anything published, shared, transmitted, or maintained through file-sharing software or any internet site that is accessed, transmitted, received, or reviewed on any department computer system.

The Department reserves the right to access, audit, and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received, or reviewed over any technology that is issued or maintained by the Department, including the department email system, computer network, and/or any information placed into storage on any department system or device. This includes records of all keystrokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices, or networks.

Published with permission by Imperial Police Department ***DRAFT*** Information Technology Use - 197 The Department shall not require a member to disclose a personal username 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).
321.4 RESTRICTED USE
Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Watch Commanders.

Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. 321.4.1 SOFTWARE
Members shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes in accordance with the software company's copyright and license agreement.

To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any department computer. Members shall not install personal copies of any software onto any department computer.

When related to criminal investigations, software program files may be downloaded only with the approval of the information systems technology (IT) staff and with the authorization of the Chief of PoliceChief of P;olice or the authorized designee.

No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on department premises, computer systems or electronic devices. Such unauthorized use of software exposes the Department and involved members to severe civil and criminal penalties.

Introduction of software by members should only occur as part of the automated maintenance or update process of department- or City-approved or installed programs by the original manufacturer, producer or developer of the software.

Any other introduction of software requires prior authorization from IT staff and a full scan for malicious attachments.
321.4.2 HARDWARE
Access to technology resources provided by or through the Department shall be strictly limited to department-related activities. Data stored on or available through department computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or department-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor.

Published with permission by Imperial Police Department ***DRAFT*** Information Technology Use - 198 321.4.3 INTERNET USE
Internet access provided by or through the Department shall be strictly limited to departmentrelated activities. Internet sites containing information that is not appropriate or applicable to department use and which shall not be intentionally accessed include but are not limited to adult forums, pornography, gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment.

Downloaded information shall be limited to messages, mail, and data files. 321.4.4 OFF-DUTY USE
Members shall only use technology resources provided by the Department while on-duty or in conjunction with specific on-call assignments unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email or any other "off the clock" work-related activities. This also applies to personally owned devices that are used to access department resources.

Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology.
321.5 PROTECTION OF AGENCY SYSTEMS AND FILES
All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care, and maintenance of the computer system.

Members shall ensure department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information, and other individual security data, protocols, and procedures are confidential information and are not to be shared. Password length, format, structure, and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor.

It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the internet) to a supervisor. 321.6 INSPECTION OR REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory duties or based on cause.

Reasons for inspection or review may include, but are not limited to, computer system malfunctions, problems or general computer system failure, a lawsuit against the Department Imperial Police Department
Imperial PD Policy Manual
Information Technology Use
Copyright Lexipol, LLC 2025/03/25, All Rights Reserved.

Published with permission by Imperial Police Department ***DRAFT*** Information Technology Use - 199 involving one of its members or a member’s duties, an alleged or suspected violation of any department policy, a request for disclosure of data, or a need to perform or provide a service.

The IT staff may extract, download or otherwise obtain any and all temporary or permanent files residing or located in or on the department computer system when requested by a supervisor or during the course of regular duties that require such information.

Published with permission by Imperial Police Department ***DRAFT*** Department Use of Social Media - 200 Department Use of Social Media
322.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the Department is consistent with the department mission.

This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by department members (see the Employee Speech, Expression and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection Policy).
• Use of social media as part of a criminal investigation, other than disseminating information to the public on behalf of this department (see the Investigation and Prosecution Policy).
322.1.1 DEFINITIONS
Definitions related to this policy include:

Social media - Any of a wide array of Internet-based tools and platforms that allow for the sharing of information, such as the department website or social networking services 322.2 POLICY
The Imperial Police Department may use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events.

Department members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.
322.3 AUTHORIZED USERS
Only members authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the Department. Authorized members shall use only department-approved equipment during the normal course of duties to post and monitor department-related social media, unless they are specifically authorized to do otherwise by their supervisors.

The Chief of Police may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.

Requests to post information over department social media by members who are not authorized to post should be made through the member’s chain of command. 322.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the department mission and conforms to all department policies regarding the release of information may be posted.

Published with permission by Imperial Police Department ***DRAFT*** Department Use of Social Media - 201 Examples of appropriate content include:
(a) Announcements.
(b) Tips and information related to crime prevention.
(c) Investigative requests for information.
(d) Requests that ask the community to engage in projects that are relevant to the department mission.
(e) Real-time safety information that is related to in-progress crimes, geographical warnings or disaster information.
(f) Traffic information.
(g) Press releases.
(h) Recruitment of personnel.
322.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the authorized designee will be responsible for the compilation of information to be released, subject to the approval of the- Incident Commander Chief of Police or an authorized designee . 322.5 PROHIBITED CONTENT
Content that is prohibited from posting includes, but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation or professionalism of the Imperial Police Department or its members. (e) Any information that could compromise the safety and security of department operations, members of the Department, victims, suspects or the public. (f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.

Any member who becomes aware of content on this department’s social media site that he/she believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 322.5.1 PUBLIC POSTING PROHIBITED
Department social media sites shall be designed and maintained to prevent posting of content by the public.

Published with permission by Imperial Police Department ***DRAFT*** Department Use of Social Media - 202 The Department may provide a method for members of the public to contact department members directly.
322.6 MONITORING CONTENT
The Chief of Police will appoint a supervisor to review, at least annually, the use of department social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content and the resolution of any issues. 322.7 RETENTION OF RECORDS
The Administration Division Commander should work with the Custodian of Records to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules. 322.8 TRAINING
Authorized members should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination and retention of information posted on department sites.

Imperial City CouncilJune 18, 2025

Imperial City Council
June 18, 2025