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HomeMy WebLinkAboutCity of College Station Police Department Policy Manual - 1987 MEMORANDUM TO: All Members of the College Station Police Department FROM: Michael Strope, Chief of Police" DATE: October 1, 1987 SUBJECT: Department Policy Manual Police work in general and law enforcement in particular are highly complex areas. Peace officers are vested with considerable authority by the state that allows them to perform their various jobs. With this authority comes responsibility. In our jobs, controlled discretion and guided judgement are the keys to effective and efficient law enforcement. You are being provided a department policy manual which gives you basic guidelines to be followed in the performance of your jobs. Some guidelines are specific and allow little or no discretion on the part of the individual. Others are less restrictive, allowing for some personal discretion. It should always be remembered that with the exercise of discretion comes accountability for one's actions. It shall be the responsibility of each employee to be thoroughly acquainted with all of the enclosed procedures and to update them when revisions are issued. Every effort has been made to ensure that this manual is as comprehensive in nature as possible, while remaining readable and understandable. As you are aware, the realistic nature of our work is such that it is impossible to develop a procedure or plan for every situation that might arise. The enclosed procedures are to be viewed as an official guide, outlining areas of responsibility and accountability. Personnel are not expected to deviate from these procedures except when reason and sound judgement dictate. In those instances, the variance must be justified. COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL TABLE OF CONTENTS TITLE SECTION PAGE ARRESTS 16 59 CANINE UNIT 21 82 COMPLAINTS/INTERNAL AFFAIRS . . . 12 33 CRIME ANALYSIS 22 86 DIRECTIVE MEMORANDA N/A LAST SECTION IN MANUAL DISCIPLINE 11 28 DRESS CODE 19 73 EMERGENCY DRIVING 14 46 EMERGENCY MANAGEMENT 23 88 EVIDENCE & PROPERTY CONTROL . . 27 108 FIELD REPORTING SYSTEM 24 89 GRIEVANCES 10 26 INSPECTIONS 4 11 INTRODUCTION 1 1 MANAGEMENT 3 7 ORGANIZATIONAL STRUCTURE . . . . 2 5 PUBLIC INFORMATION 8 18 RECORDS 9 20 RECRUITM ENT/SELECTION 25 92 STANDARDS OF CONDUCT 20 78 SWORN PERSONNEL LICENSING . . . 5 13 TCIC/NCIC GUIDELINES 15 52 TRAINING 13 40 USE OF FORCE 17 64 VEHICLE IMPOUND/TOWING 26 103 WEAPONS 18 68 WRITTEN COMMUNICATIONS 7 16 WRITTEN DIRECTIVES 6 14 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL LIST OF FORMS FORM AT END OF SECTION Citizen Complaint Report 12 Evidence Transfer Form 27 Evidence/Property Card 27 Evidence/Property Continuation Form 27 Field Information Report 24 Internal Complaint Report 12 Internal Affairs Investigation Log 12 Internal Investigation Warning 12 Notice of Disciplinary Hearing 11 Property Release Authorization 27 Request for Release of Information 9 Shooting Incident Report 17 Use of Force Form 17 �( COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL LIST OF CHARTS CHART AT END OF SECTION Evidence & Property Flow Chart 27 Organizational Chart 2 Selection Process Flow Chart 25 , COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL DEFINITIONS As soon as practical To be performed at the first opportunity that does not interfere with the current task. Chief The chief of police of this department unless designated otherwise. Gender The masculine gender refers to both male and female. Immediately To be performed at that point in time. Takes priority over other duties. Operational components Bureau- largest operational component within the department. Consists of more than one division. Division- major operational component within a bureau. Section- major operational component within a division. • Unit-an operational component within a section. Policy See page 1 Procedure See page 1 Rank Official standing within the departmental hierarchy. Rules/Regulations See page 2 Shall/Will The action is mandatory. Should/may The action is optional. Standards The minimum acceptable levels of performance and conduct by which all employees are judged. Title The distinguishing name of an employee's position within the department. i ( ' COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: INTRODUCTION DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 ( j' REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: • (C‘;'/A'-- SEP 251987 CSPD POLICY MANUAL-INTRODUCTION The purpose of the College Station Police Department is to serve the citizens and visitors of our city by: (1) enforcing the laws of the state of Texas and municipal ordinances of the city, (2) providing for the protection of life and property, and (3) educating the citizens of our city in the areas of crime prevention, personal safety, and the law through programs and educational material made available by the department. To achieve such a mission a large number of people and resources must be effectively coordinated and given direction and purpose. The policies and procedures contained in this manual were written for that purpose. While providing guidance and direction through written policy and procedure, it is also realized that individuals must be allowed a certain amount of discretion in order to adjust to unusual and/or unpredictable situations. With this in mind, it is therefore the objective of this policy and procedure manual to provide the guidance which is necessary for employees to effectively carry out their duties while at the same time allowing for personal discretion in certain situations. In order to achieve this balance of direction and discretion this manual will include various types of directives which will be discussed below. These directives will vary in the amount of personal discretion allowed. WRITTEN DIRECTIVES The types of written directives referred to in this manual are defined below. POLICIES Policy defines what you want to happen, the outcome, or end result you wish to accomplish. If these things are not obvious then policy should explain what result is desired and why. In the course of the day-to-day activities of the department there are many situations which occur repeatedly, such as dispatching patrol units, booking prisoners, making arrests, filing reports, etc. The results of these recurring situations or activities may be positive or negative in respect to the overall mission of the department. Whenever there is a high probability that the results may be negative, policy is considered as a means of providing the necessary direction to contribute towards a more desirable outcome. Policy may also be considered when it appears that a policy may contribute to improved quality or quantity of performance or better working conditions for employees. PROCEDURES Procedures, often referred to as Standard Operating Procedures or SOP, outline for an employee how a described policy should be accomplished. As mentioned previously there will be times when unusual or unpredictable situations arise in which the prescribed procedure will not accomplish the desired result. This is when personal discretion on the part of the employee is �- - necessary. Personal discretion should be exercised in conjunction with good judgement and • INTRODUCTION 1 CSPD POLICY MANUAL-INTRODUCTION understanding of the possible outcome of one's actions. Personal discretion should be used when it is obvious that prescribed procedures will not accomplish the desired results. Employees should be able to provide a reasonable explanation for resorting to procedures other than those specified in this manual. Even when using personal discretion an employee's actions should always be professional, in harmony with the goals of the department, and not in conflict with the accomplishment of other policies. RULES/REGULATIONS Rules and regulations are written to regulate performance and behavior. They identify things which an employee must or must not do and therefore permit little or no personal discretion. In this manual rules and regulations are not indicated separately and may be identified by the use of the words shall or will relating to the procedure or action. OTHER DIRECTIVES 1. Temporary directives -are written directives used to inform employees concerning matters of a limited duration. These directives shall specify the personnel affected and the time period involved. 2. Directive Memoranda A directive is often necessary to give direction to employees in the performance of a specific task or duty. A directive memorandum may also be issued to implement new policy and procedures until such time that it is incorporated into the department policy and procedures manual. No directive written shall be issued without the signature of the chief. 3. Verbal directives -are verbal instructions or orders from a superior officer or supervisor. 4. General a. All lawful directives shall be obeyed, including orders relayed from a supervisor by an employee of the same or lesser rank. b. No directive shall be issued which violates established policy or procedure except upon the approval of the chief or his designee unless in a situation that the following of established procedure would be detrimental to the department, the welfare of employees, or safety of a citizen. Any person issuing such a directive shall provide an explanation of his actions in writing to the chief through his supervisor within two working days. c. Any employee that receives a lawful order that conflicts with a previous order shall call such conflict to the attention of the supervisor giving the order. After making the conflict known the order of the highest ranking supervisor shall be obeyed. If conflicting orders are given by supervisors of the same rank the employee shall call such conflict to the INTRODUCTION 2 CSPD POLICY MANUAL-INTRODUCTION attention of the supervisor giving the order. The employee shall then obey the order unless the supervisor retracts or amends it. The employee who received the conflicting orders shall then inform their immediate supervisor and/or the supervisor who gave the initial order. A supervisor shall not knowingly give an order to an employee that is in conflict with a previous order, especially when the previous order was given by a higher ranking supervisor or the employee's immediate supervisor, unless there are unusual or exigent circumstances requiring the order. If possible these circumstances should be explained to the employee receiving the order. The supervisor issuing the conflicting order should in all cases be able to justify his actions. 5. Chain Of Command a. The following chain of command has been established to facilitate the decision making processes. City Manager Chief of Police Major Captain Lieutenant Sergeant Officer Reserve Officer The chain of command will normally follow the department's organizational structure as outlined in the organizational chart. This insures each person is responsible to only one supervisor. b. Superior ranking officers shall not assume command outside of their own area of the organizational structure except when failure to do so would seriously endanger the community or the department. c. Under normal circumstances the highest ranking member present will assume command of any given situation. However, when members of two or more organizational components are involved in a criminal investigation, the ranking member present from the organizational component responsible for the follow-up investigation and conclusion of the case may assume responsibility for the investigation and take command of the investigation and the crime scene. The chief has the authority to designate command authority in any situation as he sees fit. d. Civilian employees shall report to their supervisor and follow the established chain of command. INTRODUCTION 3 CSPD POLICY MANUAL-INTRODUCTION OTHER WRITTEN INFORMATION 1. Personnel Orders - are used to inform personnel of changes in status. 2. Training Orders - are used to inform personnel of training assignments and related information. 3. Posted Notices- are used to inform personnel of items of general interest. 4. Non-Directive Memoranda- are used as a means of general transfer of of information that needs to be in written form. 1 See section on Written Communications INTRODUCTION 4 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: ORGANIZATIONAL STRUCTURE DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: r i J4e.rc:g'Plf,cSEP 2 5 1987 CSPD POLICY MANUAL-ORGANIZATIONAL STRUCTURE For any organization to function smoothly it is necessary that each employee understand how his position fits into the overall structure of the organization and how that position relates to and affects other positions within the organization. POLICY: It is the policy of this department that all employees interact and work together as professionals in such a manner that contributes effectively towards the accomplishment of the department's mission. PROCEDURES: 1. Organizational Chart An organizational chart will be maintained in the office of the chief or by his designee. This chart will graphically depict the structure of the department, showing the normal and occasional lines of authority and accountability among the various positions. The organizational chart will be updated as soon as practical whenever there is a change in department structure or lines of authority or accountability. When a change or revision is of a minor or temporary nature the chief may instruct employees to make pen corrections to their chart by issuing a memorandum indicating the change(s)to be made. Copies of the organizational chart will be made available to all supervisory personnel for distribution to their subordinates. Supervisors should review the chart and revisions with their employees to ensure that each employee understands the structure of the department, how he fits into that structure, and how they are affected by any changes. 2. Job Descriptions Job descriptions are used to inform employees as to what is generally expected of them in their particular position within the department. They may also serve as a source of information for employees interested in reassignment or promotion as to the general job expectations of the position they are seeking. A job description shall be given to every person upon their employment or reassignment of position. Should a job description be revised or changed in any manner, all employees in that job classification will be given a copy of the revision or change. 3. Employee Evaluations Each employee shall be evaluated on a regular basis as determined by the chief. These evaluations will be made based upon standardized evaluation procedures. Employees shall be made aware through written materials as to the areas on which they will be evaluated. Guidelines which explain what performance levels are necessary to attain a specific score on the evaluation shall be provided to each employee. Employee evaluations shall be used as one of the criterion to determine eligibility for promotion and or advancement. In the case of probationary employees the evaluation will be used as a determination as to whether continued employment of the individual is mutually beneficial to the ORGANIZATIONAL STRUCTURE 5 CSPD POLICY MANUAL-ORGANIZATIONAL STRUCTURE department and the employee. Definitions: Authority-The chief has the authority to manage the personnel and resources of the department. He then delegates that authority to those within the organization in the manner he feels will best contribute to the effective operation of the department. Accountability Employees who have been given authority over other personnel or to perform their job duties are directly or indirectly accountable to the chief as indicated in their job descriptions or special instructions from the chief or his designee. Responsibility - Each person accepts responsibility upon employment by the department by obligating themselves to perform the duties of their position as indicated in their job description. Employees are guided in the performance of these duties in general by their supervisors and in particular by departmental policy, procedure, rules, and regulations as contained in this and other department manuals. An employee shall not be assigned a responsibility for which he has not been delegated the appropriate authority to carry out. ORGANIZATIONAL STRUCTURE 6 COLLEGE STATION POLICE DEPARTMENT Chief of Police ', Inspections Adm. Secretary Internal Affairs Public Information Planning Research Operations Bureau Services Bureau Police Reserves H Secretary I Secretary --I Systems Analyst LCriminal Uniform Technical Services Special Services Investigations Div Division Division Division d Warrants Patrol Section Crime Narcotics jEvidence roperty Prevention Investigator First Watch — - Su liesH Animal Ctrl. PP Section Section Selective Traffic Crime Scene Enforcement Unit School Xing. Recruitment Jail Training Technician Communicatins Section d Squad 1 Section Investigations H Squad 2 —i Shift 1 1 Section School Liaison --I Shift 2 Officer Patrol Section Crimes Against Second Watch --I Shift 3 Persons Unit Squad 3 Permits and Records Licenses Crimes Against H I Squad 4 ___InSection Patrol H Shift 1 Property — Traffic/Crime Unit 1.1Analyst Third WatchK-9 Unit HJuvenile H Shift 2 Investigations HSquad 5 Unit HSquad 6 Building Maintenance Sworn 1 Chief Non-Sworn 2 Majors 1 Adm. Secretary 0 Captain 2 Secretary 6 Lieutenants 1 Program Analyst 9 Sergeants 2 Animal Control Officers 20 Senior Officers 3 Jail/Comm. Supervisors 24 Patrol Officers 9 Dispatcher/Jailors 1 Communications Operator 62 Total 1 Records Supervisor (8 reserve officers) 4 Records Technicians 1 Custodian 25 Total EFF. 10/01/87 ( ) , COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: MANAGEMENT ISSUE: September , 1987 1 EFFECTIVE DATEOF DATE: October 1, 11299888781987 987 REVIEW DATE October 1 , 198828 CH I E F OF POLICE: DATE: 7; e SEP 2 5 1907 C CSPD POLICY MANUAL-MANAGEMENT POLICY: It is the policy of this department that the management of manpower and resources be structured in such a manner as to provide for the most effective and efficient operation while striving to attain the stated mission of the department. PROCEDURES: 1. Department Leadership a. The Chief of Police has the authority and responsibility for the management, direction, and control of the department as outlined in the job description for that position.2 b. In the absence of the chief, the leadership of the department shall be the responsibility of the next highest ranking supervisor. In the event there are two supervisors of the same rank who are next in line, the responsibility shall go to the senior supervisor. This succession, if necessary, shall be carried to and including the rank of lieutenant. 2. Span of Control a. In order to achieve effective leadership and control, the maximum number of employees under the immediate control of any one supervisor may not exceed ten persons. b. For each level of supervision, supervisors shall be held accountable for the performance of employees under their immediate supervision. 3. Information Management a. The Data Processing Section of the department shall be responsible for generating informational and statistical reports on a daily, monthly, and annual basis. These reports shall be available to all supervisory personnel and may be used in developing trends, planning for manpower allocations, budget projections,identification of objectives, etc. b. The Data Processing Section shall have the responsibility for the development of new programs and the expansion and enhancement of existing programs within equipment and manpower limitations in order to facilitate the handling of information and data. c. Specialized reports shall be developed by the Data Processing Section, within the capabilities of that section, upon request of the chief or the administrative assistant(s). 4. Departmental Staff Meetings Once each month the chief shall conduct a staff meeting with bureau, division, and section heads and other persons as deemed appropriate by the chief. The purpose of this meeting shall be for the chief to give a department status report to those present, discuss topics of concern, receive input from those present, and have a general transfer of information. 2See chapter on Organizational Structure for definitions of authority, accountability, and responsibility MANAGEMENT 7 CSPD POLICY MANUAL-MANAGEMENT 5. Development of Annual Goals and Objectives a. By January 15th of each year, each division and section head shall submit the goal(s) and objectives for his division or section for the next fiscal year in writing to the chief. (1) Division goals and objectives should be consistent with the overall mission of the department. (2) Goals and objectives may be the same or similar to those established the previous year. (3) All employees within the division or section should be consulted and their input considered when establishing the goals and objectives. b. During the development stage and prior to submission to the chief, division and section heads shall meet with the chief's administrative assistants for guidance in development of the proposed goals and objectives and to ensure continuity among the various divisions. c. By June 1st of each year all personnel shall be given in writing the goals and objectives of each organizational component within the agency for the upcoming fiscal year along with the overall goals and objectives of the department. d. Written progress reports shall be required from each division and section head on Oct. 1, Jan. 1, and April 1 of each fiscal year. The progress report shall contain the original goal(s) and objectives as submitted the previous January along with a detailed explanation as to where the division or section stands in accomplishing the stated objectives. e. A final annual progress report shall be submitted to the chief by each division head on July 15 of each fiscal year. This report shall contain the goal(s) and objectives that were submitted for the previous fiscal year and the status on the attainment of the specific objectives along with any necessary explanations.3 6. Planning and Research The chief may appoint administrative assistant(s) to perform specialized tasks as he deems necessary. The tasks performed by the Administrative Assistant(s) may include but are not limited to: a. Planning and research on special projects. b. Assisting all division and section supervisors with the preparation of reports, projections, etc. c. Assisting in budget preparation. d. Maintenance, implementation, and revision of employee evaluation system. 3See Goals and Objectives Chart on page 4 of this chapter. MANAGEMENT 8 CSPD POLICY MANUAL-MANAGEMENT e. Maintenance, implementation, and revision of department policy, procedures, rules and regulations. f. Working towards compliance with accreditation standards. Due to the nature of the work assignments involved, the administrative assistant(s) shall answer directly to the chief. Administrative assistants do not have line authority over bureau, division, or section heads but shall act in an advisory and consulting capacity. Administrative assistants shall however have such authority to implement various programs, policies, procedures, etc., as authorized by the chief and shall have the specific authority, as delegated by the chief, to perform assigned job tasks. MANAGEMENT 9 CSPD POLICY MANUAL-MANAGEMENT GOALS AND OBJECTI VES CHART All employees receive the goals and objectives June 1 ► of the Department along with goals and objective 3 of each division and section in the Department July 1 ►(Fiscal year begins) July 15 Final progress report on attaining goals and objectives for the previous fiscal year. First progress report for October 1 current fiscal year due Second progress report for January 1 P current fiscal year due. Goals and objectives for the next fiscal January 15 year (July 1 -June 30) submitted by each division and section head. Third progress report for April 1 current fiscal year due. MANAGEMENT 10 ( ' ' • • ' • . ' • ' ' - . ' . • ' . • COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: INSPECTIONS DATE OF ISSUE: September 28, 1987 -'', EFFECTIVE DATE: October 1 , 1987 -- ( ) - •- ' - - - . -- -: - - ':' - -1: ' - '. ' _ - : •- : ' -• : . :. : : : REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE �"�T SEP 2 5 i9$7 CSPD POLICY MANUAL-INSPECTIONS POLICY: It is the policy of this department that inspections at both the line and staff levels be conducted as a measure to ensure that the departments goals and objectives are being pursued and to assist in the identification of needs within the department. PROCEDURES: 1. Line Inspections - Line inspections shall be conducted on a daily basis by division and section supervisors to ensure that employees are abiding by the established policies and procedures of the city and the department. Line inspections also should be directed towards ensuring that all equipment and vehicles are in good repair and that each division or section is making realistic progress towards its stated goals and objectives. a. Employee deficiencies shall be handled by the line supervisors through counseling, written reprimands, etc., as outlined in this manual. b. Other deficiencies that adversely affect the operation of the division or section that cannot be corrected at that level shall be made known to the chief, in writing, through the chain of command. The chief and/or his designee(s) shall meet with the supervisors of the effected division or section and plan a strategy to address the identified problems. Within 30 days of the meeting the senior supervisor of the division or section shall submit a progress report to the chief, through the chain of command. The chief may require additional reports on an as needed basis. 2. Staff Inspections a. Staff inspections may be conducted from time to time at the discretion of the chief to ensure that all components within the department are working in coordination with one another to achieve the mission, goals, and objectives of the department. Staff inspections shall be geared to identify potential problems and needs and to ensure that: (1) department morale is maintained. (2) department records and reports are accurate and up to date. (3) department training is timely, effective, and appropriate. (4) division and section procedures are effective and productive. (5) Unity of command and control is maintained throughout the department. (6) The department is fulfilling its legally mandated function. b. Staff inspections shall be conducted by a person or persons designated by the chief. The person(s) making the inspection shall not be responsible to any of the supervisors of the unit being inspected nor shall they be responsible in any way for the performance of the unit. c. A unit to be inspected shall be notified in writing by the chief at least two weeks in advance of the inspection. This notice shall explain the purpose of the inspection and what is expected from the involved unit. The inspection will begin with a meeting of the inspector(s) and the supervisors of the unit being inspected. The inspectors shall outline INSPECTIONS 11 CSPD POLICY MANUAL-INSPECTIONS to the supervisors the scope and objectives of the inspection. d. The inspection will conclude with a meeting of the inspector(s) and the ranking supervisor of the unit inspected to provide a report of the findings and any recommendations. e. The findings of the inspector(s) shall be submitted to the chief in writing. The chief shall forward copies of the findings to the appropriate supervisors having the responsibility for the solution of any identified problems. f. The chief may require progress reports from the unit that was inspected and/or the supervisors having the responsibility for the solution of identified problems as he sees fit. INSPECTIONS 12 C. ) COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: TCLEOSE LICENSING DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 ( ,, ---7' REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: . )ri4,6te.i" i9$ 1SEP 2 5 CSPD POLICY MANUAL-SWORN PERSONNEL LICENSING POLICY: It is the policy of this department to comply with federal and state laws, provisions and rules governing the appointment of peace officers. PROCEDURES: The recruiting section will maintain a current copy of TCLEOSE standards for licensing of officers. The recruiting section shall carefully review each applicant's documentation to ensure that the minimum standards for licensing have been complied with. As a part of this review it shall be determined that the applicant's background investigation reveals nothing contrary to TCLEOSE licensing standards. The recruiting section shall follow TCLEOSE requirements to ensure that all reports for licensing of officers are submitted in a timely fashion. All department personnel shall, before assuming sworn status, take an oath to enforce the laws and uphold the constitutions of the United States and the state of Texas. This oath shall be administered by a person of judicial status. The recruiting section shall notify the chief promptly in writing of any violation of TCLEOSE rules by a licensed employed of this department. The chief shall notify TCLEOSE of the violation as soon as practical. The licensee is also required by TCLEOSE to make written notification. Authority of Department Sworn Personnel It is the duty of every peace officer to preserve the peace within his jurisdiction. To effect this purpose, he shall use all lawful means. He shall in every case where authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime. He shall execute all lawful process issued to him by any magistrate or court. He shall give notice to some magistrate of all offenses committed within his jurisdiction, where he has good reason to believe there has been a violation of the penal law. He shall arrest offenders without warrant in every case where he is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.4 4Code of Criminal Procedure,Art. 2.13 SWORN PERSONNEL LICENSING 13 ( ,, ., COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: DIRECTIVES ORIGINATION AND REVISION OF WRITTEN DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: ..-2/i4f4Xf4e,PCCI'l---'—' SEP 2 5 1987 ( '' CSPD POLICY MANUAL-WRITTEN DIRECTIVES Written directives are used to establish policy and procedure, rules and regulations, provide guidance and direction, and to relay information to employees. It is therefore to the benefit of the department and its employees that all written directives be originated, developed, implemented, and revised in such a manner as to contribute to the effective and efficient operation of the department. By incorporating a systematic approach we strive to ensure that the department policy manual and other written material will be coordinated, readable, and beneficial to the user. POLICY: It is the policy of this department that all written directives contain only information which is necessary and which will contribute to the attainment of departmental policy purpose. All directives should be clear, concise, not in conflict with other policy or other approved directives, and should avoid duplication in as much as possible. PROCEDURE: This procedure applies to written directives as they pertain to policy, procedure, rules, and regulations. It does not apply to interdepartmental memoranda and notices. These memoranda and notices are covered under policy section Written Communications. 1. Manuals - All directives shall be contained in several department manuals as authorized by the chief. All directives shall be issued, revised, and deleted only under the authority and signature of the chief. a. The chief may adopt the use of other manuals issued by outside agencies which address specific functions within the department. Examples of such manuals would be TCLEOSE manuals, TCIC/NCIC manuals, FTO manual, etc. b. All employees shall read, adhere to, and be held accountable for all policies and procedures, from all authorized department manuals, by which they are affected. 2. Origination Any employee who feels that a written directive would contribute to the effectiveness of his job and/or the operation of the department may make a recommendation in writing,through the chain of command, to the chief. The recommendation should indicate some thought and research on the part of the person making it and should delineate the basis of the recommendation. The chief shall review the recommendation and decide on whether or not to initiate development and inform the person making the recommendation in writing as to that decision. 2. Development The chief initiates development of the written directive by his own initiative or by assigning research and writing duties to his designee, and requiring progress reports as he deems necessary. The designee shall obtain a reasonable amount of employee input into the development of the directive. All staff personnel affected by the policy or procedures shall have the opportunity to review and submit suggestions and recommendations prior to the final drafting of the directive. WRITTEN DIRECTIVES 14 CSPD POLICY MANUAL-WRITTEN DIRECTIVES Once the directive has been developed it shall be reviewed by the chief and approved, rejected, or assigned back for additional work. 3. Implementation Written directives establishing policy and procedures shall be approved by the chief in accordance with city policy. Once approved by signature of the chief,they shall be affixed with an effective date and distributed to all affected employees at least three days in advance of the effective date. All employees shall sign an acknowledgement form indicating the date they received the directive and appropriate instruction relating to it. Employees shall then place the directive in the appropriate section of the department policy manual or other manual as instructed. 4. Revisions/Corrections As any employee may recommend the origination of a written directive, they may also recommend the revision or correction of such. The same procedure should be followed as outlined in item number 1 above. Development and implementation of revisions and/or corrections shall be accomplished as outlined in item numbers 2 and 3 above. a. Minor corrections and revisions may be accomplished through pen corrections to the manual. The chief or his designee shall send notification of pen changes to employees by directive memoranda. The employee shall make the appropriate changes or revisions by pen in their manuals and sign and return the acknowledgement form attached to the memorandum indicating their notification, compliance, and understanding of the pen change. b. Major revisions shall be accomplished by distributing the page(s) containing the revision(s) to all employees and instructing employees in the revision. The revised pages shall have the revision date affixed and revised text shall be indicated. 5. Purging - The chief shall initiate an annual review of each chapter of policy to determine whether or not there is a need to purge or revise any outdated directives. All affected employees are expected to participate in this process and provide feedback to assist in keeping the manual up to date and useful. Revisions, corrections, deletions, and additions shall be made and the revised policy and procedures distributed in accordance with this chapter. 6. Indexing - A computer indexing system shall be used to cross reference written directives. This will serve to ensure that changes in one area of policy and procedures will be updated in all other areas affected by that change. 6. Policy Format- The department policy and procedures manual shall be in outline format with a separate chapter covering each major topic. Temporary directives and directive memoranda shall be in memorandum format. Temporatry directives shall indicate the effective date and ending date of the directive. Directive memoranda shall indicate the effective date, effective time, and review date of the directive. WRITTEN DIRECTIVES 15 CSPD POLICY MANUAL-WRITTEN DIRECTIVES 7. Records The chief's designee shall maintain a file which contains a record of all written directives, revisions, and changes that have been approved and implemented. This file will also contain all employee acknowledgements of such. 8. Policy Manual A current copy of the department policy manual, along with any temporary directives or directive memoranda which are in effect, shall be issued to all persons upon employment prior to beginning their job duties. WRITTEN DIRECTIVES 15A COLLEGE STATION POLICE, DEPARTMENT POLICY MANUAL CHAPTER TITLE: WRITTEN COMMUINICATIONS DATE OF `ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: "°71416-44-1° -- ' SEP 2 5 1987 (C/41'1A*--- CSPD POLICY MANUAL-WRITTEN COMMUNICATIONS Written communications between employees from within the department are a vital and necessary part of the daily work routine. In addition there are also times when necessity will dictate written communications to people outside the department. POLICY: It is the policy of this department that a degree of uniformity and coordination be exercised in the issuance of written communications while at the same time allowing for personal expression. PROCEDURES: 1. Memoranda (interdepartmental) Interdepartmental memoranda should be typed and follow the general structure as listed below. MEMORANDUM TO: Lt. John Jones FROM: Judy Johnson (signature or initials) DATE: February 20, 1999 SUBJECT: Request For Transfer ( BODY OF MEMORANDUM) THROUGH: Sgt. Tom Smith (initialed by Sgt. Smith) THROUGH: If the memo is being sent past an employee's immediate supervisor, it shall be sent through each supervisor in the chain of command up to the person to whom it is addressed. Each supervisor shall initial beside their name indicating that they have seen the memo and then forward it on to the next person in line. A supervisor may not delay or refuse to forward a memo on to the next person in line. If an employee's memo is in reference to a complaint about or a policy violation by his immediate supervisor the employee may choose to forward the memo to the next higher supervisor, bypassing the immediate supervisor. 2. Notices Employees may post miscellaneous notices on the department bulletin board provided for that purpose. All notices should be signed by the person posting the notice and marked with the date it was posted. Notices will remain on the bulletin board 15 days from the date they were posted. WRITTEN COMMUNICATIONS 16 CSPD POLICY MANUAL-WRITTEN COMMUNICATIONS Notices may be reposted after the 15 day period if the employee desires. When a notice is no longer applicable it should be removed by the person who posted it, even if prior to the 15 day limit. The chief may designate an employee to oversee the board and remove notices at the end of their expiration period. Notices should not be marked on, or removed from the board by anyone prior to their expiration date except by the person who posted the notice or upon an order from the chief. Care and good judgment shall be exercised by all employees not to post material that might be offensive to others. 3. Written Communications Outside of the Department Written communications outside the department may be in the form of a memorandum or letter, depending upon the discretion of the sender, and shall be on approved department letterhead. Any written (or verbal) correspondence that releases information to anyone other than a law enforcement entity or individual concerning an employee, an investigation (past or present), suspects, intelligence information, or other sensitive material shall be approved by the chief before being sent. This does not preclude the issuance of news releases as stipulated by policy. 4. Legal Ramifications • While the department wishes to cooperate with all persons in as much as possible it must protect itself and its employees from the consequences of legal actions arising out of the violation of a person's legal rights. When an employee is requested to release information, extreme care should be taken that a person's right to privacy is not violated. At the same time the employee must take care not to violate the Federal Freedom of Information Act or the State Open Record Act by refusing information that is of a public nature. This dilemma should be an incentive for employees to familiarize themselves with these laws and to seek guidance and advice from their supervisor or from the city legal department if they are unsure as to the appropriate action. The Open Records Law is discussed elsewhere in this manual.5 5 Refer to the chapter in this manual on Records. WRITTEN COMMUNICATIONS 17 1 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: PUBLIC INFORMATION DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1, 1988 ( 1 • CHIEF OF POLICE: DATE: •--)w . SEP 2 5 1987 . 1 CSPD POLICY MANUAL-PUBLIC INFORMATION The authority of any department is limited by the amount of authority the public it serves is willing to accept, an amount determined largely by the public image of the department. In order for this department to function effectively and efficiently, it is therefore of paramount importance that a strong, positive public image be maintained. POLICY: It is the policy of this department to inform the community and the news media of events within the public domain that are handled by or involve the department. PROCEDURES: 1. Public Information Officer - An employee shall be designated by the chief as the Public Information Officer (PIO). The employee may serve as Public Information Officer in conjunction with other assigned duties. The PIO shall be responsible for: a. arranging for and assisting at news conferences. b. coordinating and authorizing the release of information about victims, witnesses, and suspects. c. assisting news personnel in covering routine news stories. d. coordinating through the chief the release of information concerning confidential agency investigations and operations. e. assisting news personnel in covering the news stories at the scene of incidents. (The PIO shall coordinate and consult with the investigators at a crime scene to ascertain items of news that may be released without hampering the investigation or hindering the identification and location of those responsible for the criminal act.) f. notifying the news media of happenings within or related to the department or its employees which provide a positive public image. 2. In the event the PIO is not available news releases will be prepared in standard memorandum form by a supervisor of the division involved. News releases should be as accurate as possible and made equally available to all news media personnel. Care should be exercised that the legal rights of no person will be violated by the release of the information. 3. At the scene of a crime or accident where the news media is present but the PIO is not present, non-supervisory personnel shall courteously refer any questions from the media to a supervisor. If a supervisor is not present at the scene the employee shall contact one as soon as practical and inform them that the media is present at the scene and requesting to speak with a supervisor. The supervisor may authorize the employee to release information to the media in accordance to the final paragraph of this section. PUBLIC INFORMATION 18 CSPD POLICY MANUAL o PUBLIC INFORMATION 4. In situations when the PIO is not present and the supervisor feels he cannot devote the proper amount of time to the news media due to other supervisory or investigatory demands, that supervisor may call the PIO and request his presence at the scene or the department. 5. A copy of all news releases prepared by supervisory personnel shall be sent to the PIO who will maintain a file of all such news releases along with any written releases to the news media that he has prepared. 6. Information that may be released at the scene or in a written news release by anyone other than the PIO is that information that is provided on the first page of the offense report. The names of injured or deceased persons shall not be released until the next of kin have been notified. When talking with the news media or preparing a news release an employee shall not inject his personal views or opinions of the incident. • PUBLIC INFORMATION 19 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: RECORDS DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 (-I \ REVIEW DATE`: October 1 , 1988 CHIEF OF POLICE: DATE: I 7/°)4e.4.144e'. ''1184h</' 11 i 1 CSPD POLICY MANUAL-RECORDS POLICY: The central records function is necessary and vital to the accomplishment of the department's mission. It is therefore the policy of this department that an accurate and efficient reporting of all police activity within the department's jurisdiction be maintained. It is furthermore the policy of this department to comply with all mandated reporting requirements of the federal government and the state of Texas while maintaining strict adherence to the Open Records Law and the Rights and Privacy Act. PROCEDURES: 1. Administration a. The responsibility and accountability for the central record keeping function of the department shall lie with the records section of the support operations bureau of the department. b. The functions of the records section of the department shall include: (1) collection of all reports and related data. (2) review each report to ensure that department directives are being followed in the completion of all report forms. (3) ensuring that a proper report is filed for every request for police service. (4) distribution of reports and data to appropriate department components. (5) maintenance of records in an orderly and useful fashion through filing techniques, use of microfilm,computer entry of data, etc. (6) retrieval and distribution of records and reports to authorized persons and entities (7) compliance with Federal and State statutes regulating the maintenance and release of information. c. Every incident in the categories listed below shall be recorded and reported when that incident has occurred or is alleged to have occurred within the jurisdiction of this department. (1) reports of crimes by citizens. (2) complaints from citizens. (3) criminal and non-criminal cases initiated by law enforcement officers. (4) incidents involving arrests, citations, or summonses. (5) citizen requests for service when: - (a) an officer is dispatched. (b) an employee is assigned to investigate. (c) an employee is assigned to follow-up or take action at a later time. d. All reports shall contain at least: (1) the date and time of the initial reporting. (2) the name of the citizen requesting the service (if available) or the victim's or complainant's name. (3) the nature of the incident. (4) date, time, and type of action (if any) taken by law enforcement or other personnel. RECORDS 20 CSPD POLICY MANUAL-RECORDS The reporting of most crimes and incidents will require some type of response by some personnel, on less serious incidents that do not require an offense/incident report to be taken, the requirements listed above may be satisfied by communications personnel recording the incident and relative information on the computer. The report of minor offenses/incidents not necessarily requiring officer response, such as a stolen bicycle, lost article, etc., may be taken over the phone by sworn or designated non-sworn personnel, at the discretion of the complainant. e. All reports shall be submitted on department approved forms provided for the particular type incident being reported. Forms provided for and required by the state of Texas shall be used when applicable. All forms shall be completed in accordance with instructions given in the department issued Report Writing Manual. f. Offense/Incidents reports shall be sequentially numbered with a two digit prefix representing the year and a six digit suffix designating the report number. As an example, the first service number issued for an offense or incident in the year 1990 would have the number 90-000001. Service numbers shall not be omitted from sequence or duplicated. g. The development of new forms and modification of existing forms shall be the responsibility of the administrative assistant(s). Input from persons using the form (Patrol, CID, etc.) shall be solicited along with input from persons responsible for processing the forms (records technicians, data processor, etc.) during the development or modification of any department forms. All forms shall be approved by the chief prior to implementation. h. To provide consistency in report writing and to ensure that assignments have been completed, all Offense/Incident reports and related forms and attachments shall be reviewed by a supervisor of the person submitting the report. If the report is satisfactory the supervisor shall place his initials in the appropriate box on the report. i. Reports may be assigned to CID, Juvenile, or Patrol for follow up investigation. (1) All original statements taken in the course of the investigation shall be forwarded to the records section. (2) All photographs related to the investigation shall be placed into evidence. Once the case has been inactivated, cleared exceptionally, or adjudicated the officer assigned the case shall remove any photographs from evidence and send them to the records section with a supplement form. All paper originals, such as CCH, DL checks, letters, etc., related to the investigation shall be sent to the records section with a supplement form. The officer assigned the case may wish to keep a copy of the report and all attachments for his own reference. j. All assigned cases that are in an active status shall require a supplement to be submitted RECORDS 21 CSPD POLICY MANUAL-RECORDS to the records section at least once every 15 days to update the status of the report. It is the responsibility of the supervisor assigning the case to assure that regular status reports are received until the investigation or follow up is finalized. Cases that have been finalized and awaiting judicial action shall not require follow up supplements. 2. Arrest Reports All arrests shall be recorded on the department approved Arrest Report and shall be assigned the same service number as the case it relates to. All arrestees are required to be fingerprinted and photographed. These files shall be maintained by the records section. The records section shall be responsible for updating previous arrestee records when a new arrest is made by checking existing information against the information shown in the new arrest report. 3. Distribution and Release of Reports and Related Information Reports shall be distributed according to the following guidelines. a. Offense/Incident Reports (1) First page—> available to media and public (2) Entire report—> original kept by records section copy placed on patrol board copy to the division assigned the report b. Arrest Reports (1) First page—> available to media and public (2) Entire report—> original kept by records section copy placed on patrol board copy to Criminal Investigations Division copy sent to the proper court c. Accident Reports (1) Report less supplements—> available to media and public (2) Entire report—> original kept by records copy to patrol copy to LIDR charges filed—> copy to municipal court damage to public highway—> copy to Highway Department damage to city property—> copies to city attorney and city depts. as appropriate. d. Legal Approval Prior to the Release of Certain Information-When there is a request from a non law enforcement source for information other than that listed above as being available to the media and public, the records section supervisor shall submit a written request for an opinion from the city's legal department. Whether or not the information may be released shall be the determination of the city attorney. A copy of the form provided for this purpose is included at the end of this chapter. • All reports assigned to any agency component by the records section for RECORDS 22 CSPD POLICY MANUAL-RECORDS investigation or follow up shall be accompanied by all pertinent attachments such as DL checks (10-27), Registration checks (10-28), checks for wanted (10-29), notes, letters, etc. • It is the responsibility of the person taking the initial report to ensure that all items pertinent to that report are attached to the report prior to submitting it to their supervisor for approval. 4. Collection and Handling of Funds a. Schedule of Fees-The records section shall collect fees according to the following: (1) Copies of reports (walk-in request) .50 (mail in request) 2.00 (2) Record Check Letters 2.00 (3) Vendors and Solicitors Permits6 (business) 30 day 25.00 (employee) 30 day 3.00 business renewal -30 day 10.00 employee renewal -30 day 1.00 b. Collection of fees shall be recorded in a city receipt book. The white copy shall be given to the customer,the yellow copy sent to the finance department, and the pink copy left in the receipt book. All used receipt books shall be kept on file in a secure place. c. Funds collected by the records section shall be sent to the finance department at least once each week with the appropriate deposit slip completed. Deposits may be made more often at the discretion of the records section supervisor. After normal business hours all funds shall be secured in a locked are accessible only to the records supervisor and those designated by the supervisor. d. Receipts for funds collected shall be audited by the city finance department in accordance with procedures established by that department. 5. Master Name Index All records shall be accessible through an alphabetical name index. The following outlines which names are entered into the index. a. all complainants of offenses and incidents. b. drivers involved in accidents and those injured. c. pedestrians and pedacyclist involved in accidents. d. owners of damaged property. e. persons arrested. 6 Local businesses and their employees are not charged for permits. RECORDS 23 CSPD POLICY MANUAL-RECORDS f. others, such as witnesses and suspects, if the complete name and address is known. 6. Reporting Crime Data This department participates in the national Uniform Crime Reporting program. The records section shall gather and submit crime data to the UCR in accordance to the procedures established by that program. 7. Warrants? a. Local Warrants - When an officer obtains a Class C misdemeanor warrant, that warrant information shall be entered into the central computer by the Municipal Court. Once an arrest has been made and the warrant returned by the arresting officer, it shall be the responsibility of; (1) Municipal Courts to remove all Class C traffic warrants from the warrant file. (2) Dispatch to remove all other Class C warrants from the warrant file. b. Felony, Class A Misdemeanor, and Class B Misdemeanor Warrants - When these warrants are obtained by an officer, it is the responsibility of that officer to enter the warrant into the TCIC and/or NCIC system. (1) Verification -The officer entering the warrant shall have dispatch run a confirmation that the warrant was accepted and shall attach a copy of the confirmation to the original report or to a supplement report to be submitted to the records section. (2) Cancellation - Once the warrant has been served, it shall be the responsibility of the officer who served the warrant to have it removed from TCIC and/or NCIC. The officer shall have dispatch run a confirmation that the warrant has been removed and shall attach a copy of the confirmation to a supplement report to be submitted to records. 8. Traffic Citations The records section shall have the responsibility for the ordering, storing, and issuance of all citation books to officers. a. Citations shall be sequentially numbered and each citation shall consist of the original and three copies. The original copy is turned in to the shift supervisor to be forwarded to the records section who will in turn forward it to Municipal Courts. The second copy is given to the violator at the time the citation is written. The third copy is turned in to the shift supervisor and is maintained by the records section. The fourth copy remains in the citation book for the officer's use and records. All but the officer's copy of voided and/or cancelled citations shall be turned in to the shift supervisor. b. Officers needing a citation book shall request one from from Records personnel. The person issuing the citation book shall record the officer's name and the beginning and ending citation numbers in a permanent record. 7 See chapters on Arrests and TCIC/NCIC Procedures for details of officer responsibilities. RECORDS 24 CSPD POLICY MANUAL-RECORDS c. Citations issued are maintained by Municipal Court in a master name index. This index is accessible by the records section for information and statistical purposes. RECORDS 25 COLLEGE STATION POLICE DEPARTMENT REQUEST FOR RELEASE OF INFORMATION Last Name First Name Middle Name Address Phone No. request the following information be released to me by the College Station Police Department. Describe Information Requested Signature Date THIS SECTION FOR POLICE DEPARTMENT USE This request is in reference to service no. Copy of report attached (Y) (N) Signed Date THIS SECTION FOR USE BY CITY ATTORNEY () Information may be released as requested. () Information may be released in accordance with attached instructions. () Information may not be released -explanation attached. Signed City Attorney Date (-- ) COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: GRIEVANCES DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 ,__ "/ REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: ,4.4-t- SEP 2 '1967 CSPD POLICY MANUAL-GRIEVANCES A grievance is defined as something that causes distress or gives reason to complain. Grievances relate to working conditions and situations which the employee feels are unfair. An employee would appeal a disciplinary action that he felt was unjustified. An employee would file a arievance concerning a working condition or situation he felt was unfair. To distinguish the two the following example is given. Officer X has been given a documented reprimand by his immediate supervisor and feels the reprimand was unjustified. Officer X shall Cpl that action in accordance with established procedures. Officer Y has just received the shift schedule from his supervisor and has been assigned Mondays and Wednesdays as his days off for the next six months and feels that this is unfair. Officer Y shall file a grievance in accordance with established procedures. POLICY: There will be occasions that arise when an employee feels that he has been dealt with unfairly or that a decision affecting them is unjust. To ensure good employee morale, instill confidence in management, and promote continuity of direction, it is important that these complaints be resolved. It is the policy of this department that all employee grievances be handled quickly, justly, and in a manner which will promote trust and respect from all employees. PROCEDURES: 1. Immediate Supervisor Resolution, The employee shall within five days of the cause, present their grievance to their immediate supervisor. The grievance must be presented in writing and contain the following: a. the facts upon which the grievance is based. b. the specific wrongful act(s) and the harm suffered. c. what the employee wishes to see done about the situation. The supervisor receiving the grievance shall forward a copy of the grievance, indicating the date and time it was received,to the Administrative Assistant to the Chief who shall be responsible for maintaining a record of all employee grievances. Most problems can be resolved by an honest and straight-forward discussion of the facts. The supervisor shall respond to the problem as soon as practical but in no case more than five working days. The supervisor shall notify the employee in writing of his decision within the stipulated time period. 2. ADDeaI Past Immediate Supervisor If the employee's immediate supervisor is personally involved as a part of the grievance, the employee may choose to take their grievance to the next higher authority. This appeals process may continue until the employee reaches the top ranking supervisor in his bureau. At each level of appeal the supervisor shall address the problem as quickly as possible but in no case more GRIEVANCES 26 CSPD POLICY MANUAL-GRIEVANCES than five working days. The supervisor shall contact the complaining party with their decision in writing within the stipulated time period. 3. Appeals Past Bureau Commander Grievances which cannot be resolved at the bureau level may be appealed to the chief in writing by the aggrieved party. The appeal shall be made within five days of receiving the bureau commander's response. The chief shall review the complaint and notify the aggrieved party of his decision within ten days. Decisions made by the chief on grievances are final. The chief may, at his option, present the grievance to a board selected and conducted in accordance with the Disciplinary Review Board selection criteria as outlined in the chapter on Discipline. 4. Review of Grievances The I/A Unit shall once each year, at a time stipulated by the chief, review all grievances filed for the preceding year and present a written report to the chief outlining the number of grievances filed and the causes of each grievance. GRIEVANCES 27 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: DISCIPLINE DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 _ .J REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: e ei SEP 2 5 1987 CSPD POLICY MANUAL-DISCIPLINE POLICY: It is the policy of this department to encourage and assist employees in the attainment of departmental goals and personal career goals while adhering to established policy, procedures, and rules. It sometimes becomes necessary to administer disciplinary actions to discourage acts of violation or omission of those policies, procedures, and rules and to correct conduct which is detrimental in helping the department achieve its mission. The procedures related to this policy are provided as guidelines to assist supervisors in their determination as to when disciplinary action is warranted and the level of action that is justified. Corrective measures should be consistent for similar violations. The severity should be effective but no greater than necessary to discourage repeated incidents. These measures should be administered fairly, impartially, and in a manner which will promote employee and community respect for the department. PROCEDURES: 1. Determination of Violations Violations include failure to abide by any law, ordinance, order, rule, procedure, or an act or omission which adversely affects the accomplishment of or progress towards department goals or policy purpose. Determination of a violation is usually made by the person's immediate supervisor. Before deciding that a violation has occurred the supervisor shall avail himself of as much information as possible surrounding the incident. Personal feelings, whether they be positive or negative, shall not be allowed to interfere with sound judgement. 2. Corrective Measures Once a supervisor has determined that a subordinate has committed a violation, he will counsel with that employee in an effort to determine why the violation occurred. At that time the appropriate disciplinary action, if any is deemed necessary,will be decided upon. All supervisors have the authority to counsel,train, give documented or written reprimands, and to relieve a subordinate from duty pending review by the chief. All supervisors can recommend any other corrective measure. The supervisor making the recommendation will do so in writing to the chief through his immediate supervisor. Corrective measures include but are not limited to the following.: a. Counseling and/or Training -This is the most preferred and least severe of all measures. It is to be used by supervisors when they feel that such action is sufficient to correct the employee's action, inaction, or inexperience in a given situation. If training is given, the Training Section shall be notified of the dates and type of training in order to update the employee's training record. b. Documented Reprimand - This measure also includes counseling and/or training but is used with more serious violations or when counseling and training have failed as a DISCIPLINE 28 CSPD POLICY MANUAL-DISCIPLINE corrective measure. A documented reprimand may be oral or in writing and shall be documented by the supervisor but will not be placed in the employee's personnel file. Supervisors shall keep a record of all documented reprimands in the event they are needed to justify a recommendation for more serious corrective measures. c. Written Reprimand - When the supervisor feels that a documented reprimand will not accomplish the desired results or when documented reprimands have been given and violations continue, a written reprimand is issued. Written reprimands are discussed with the person receiving such and he should acknowledge that fact in writing. A copy of the reprimand and the employees receipt shall be placed in the employee's personnel file and a copy made available to the employee. d. Relief of Duty - A supervisor may relieve a subordinate from duty if he believes that person's continued presence poses a danger to himself (the employee) or others, or that his presence will interfere with the effective operation of the department. That supervisor shall then contact the employee's immediate supervisor as soon as practical and explain the circumstances surrounding the incident. The supervisor who relieved the employee from duty shall present written documentation to the chief, through the chain of command,within two normal working days, excluding weekends. The chief will review all such reliefs and take action as he sees fit. The employee being relieved of duty shall report to his immediate supervisor at the beginning of his next assigned shift for further instructions. e. Reassignment of Duty/Demotion - A supervisor may recommend that an employee be reassigned or demoted if he feels that such action is the best way to correct the undesirable behavior of the employee and that it will best accomplish the policy mission of the department. Recommendations for either measure shall be made in writing to the chief through the chain of command. At each level in the chain of command the appropriate supervisor shall concur or disagree with the recommended action in the form of a signed memorandum attached to the original recommendation. The recommendation shall include all facts surrounding the request and stipulate why the supervisor feels that this is the appropriate course of action. It should be understood that reassignment can be used other than as a disciplinary measure. The chief may reassign personnel as he sees fit to provide for efficient and effective operation of the department. f. Suspension Without Pay- Recommendations for suspension without pay for one or more days may be made by a supervisor when he feels that such action is necessary to accomplish the purpose of the corrective action. The recommendation shall be made in writing,through the chain of command,to the chief who shall review the recommendation and take appropriate action. At each level in the chain of command the appropriate supervisor shall concur or disagree with the recommended action in the form of a signed memorandum attached to the original recommendation. The chief, at his option, may DISCIPLINE 29 CSPD POLICY MANUAL-DISCIPLINE appoint a three member Disciplinary Board to review the recommendation. The board will review the recommendation and suggest to the chief in writing that he (1) uphold the supervisor's recommendation, (2) that he alter the recommendation to include less days than suggested, or(3) that he deny the recommendation. If the chief upholds or modifies the board's recommendation he shall notify the supervisor making the recommendation who will in turn set the time for the suspension to occur with the interest of the department in mind. If the chief denies the recommendation or alters it to include less days than recommended he shall notify the supervisor making the recommendation in writing as to why his recommendation was denied or altered. In the event the recommendation is denied by the chief, he will notify the employee in writing of the denial. Suspension is a very serious action and should be recommended only after all other measures have failed. It should normally be considered as a final attempt to correct undesirable behavior before recommending dismissal. It is possible however that the seriousness of a violation may warrant suspension the first time it occurs. g. Recommendation for Dismissal -When, after careful consideration a supervisor believes dismissal is necessary to accomplish policy purposes, he shall recommend this action. The supervisor making the recommendation shall forward to the chief, through the chain of command, written documentation as to why the recommendation was made and why he feels that termination of the employee is the proper action to be taken. At each level in the chain of command the appropriate supervisor shall concur or disagree with the recommendation in the form of a signed memorandum attached to the original recommendation. The chief will review the recommendation and take appropriate action. The chief may appoint a disciplinary board for their review and recommendations. If the chief concludes that termination is the appropriate action, he will seek advise from the legal department and if appropriate set an effective date for the termination of the employee and inform concerned parties. The terminated employee shall be provided with the following: (1) A statement citing the reason for dismissal. (2) A statement of the status of his fringe benefits after dismissal. (3) A statement as to the content of the employee's employment record relating to the dismissal. 3. Emergency Corrective Measures There may be times a violation will occur and the responsible employee's immediate supervisor is not available. If another supervisor is available and he feels that the violation is of a magnitude that it requires immediate action, that supervisor shall take what ever action he believes is necessary. The action should be consistent with the action he would take if the person was his immediate subordinate. The supervisor shall then notify the employee's immediate supervisor as soon as practical. The person's immediate supervisor may then either uphold or alter the action in accordance with established procedures. DISCIPLINE 30 CSPD POLICY MANUAL-DISCIPLINE Extreme care is exercised in taking emergency corrective action in such situations and should only be done when the supervisor taking the action believes it is necessary to maintain effective operation of or preserve community respect for the department. 4. Disciplinary Review Board The board will consist of three persons appointed by the chief who will select one of these three to chair the board. a. One member of the board shall be of the same rank or equivalent status as the employee being reviewed. b. One member of the board shall be from a supervisory or command rank. c. The employee whose actions are being reviewed by the board will have the option to remove one person from the board. If this option is exercised, the chief shall appoint another person to complete the three member board. d. No employee may serve on the board who; (1) has had any direct involvement in the case to be reviewed. (2) is on probation, active suspension, or under investigation of a pending complaint. (3) is a direct supervisor of the employee being reviewed. The board shall meet as soon as practical but in no case more than five days after selection. The supervisor recommending the corrective action will appear and present the board with written documentation of the employee's violation and why his recommendation was made. The employee will address the board, verbally and in writing, as to why he feels that the corrective measure is not appropriate to the violation. Both the supervisor and the employee may present evidence to the board to strengthen their position. After the initial meeting the board shall reconvene and come to a decision as to the proposed corrective measure. They may decide to (1) uphold the recommendation of the supervisor, (2) recommend a different corrective measure which may be more or less severe than that proposed by the supervisor, or (3) find that the corrective measure should not have been imposed. The board chairperson shall within three days forward in writing the board's recommendation to the chief and to the employee. The chief may uphold or alter the board's recommendation as he sees fit. 5. Alternative Initiation In any situation where a supervisor has the authority to initiate an action, his immediate supervisor or the chief may also initiate the same action. This provision is necessary in the event of a supervisor's absence or failure to act. 6. Employee Appeal of Disciplinary Actions If an employee feels that he has been disciplined unfairly or unjustly they may appeal through the chain of command to the chief. The decision of the chief is final on all disciplinary appeals except DISCIPLINE 31 CSPD POLICY MANUAL-DISCIPLINE those that impose suspension, demotion, or termination. Disciplinary actions involving suspension, demotion or termination my be appealed to the city manager in writing. Before appealing to the city manager the employee should obtain a copy of"Disciplinary and Termination Procedure"from the city Personnel Office. The following diagram gives an overview of the disciplinary process. 1. Minor disciplinary action(counseling&training, documented reprimand, and written reprimand) Supervisor----> Chief 2. Demotion & Suspension Supervisor----> Chief----> City Manager 3. Termination Supervisor---> Chief---> City Manager--->City Review Board DISCIPLINE 32 CSPD NOTICE OF DISCIPLINARY HEARING You are hereby notified that a hearing will be held regarding your continued employment with the City of College Station. Said hearing may result in your suspension, demotion, termination, or any other disciplinary action deemed appropriate. The hearing will be held at am/pm, on the day of , 19 , in the office of the Chief of Police and will be before the Disciplinary Review Board appointed by the Chief. The reasons for said hearing and the Department's evidence relating thereto are as follows: See Exhibit"A" attached hereto. At the hearing, you have the right to present evidence and witnesses on your own behalf; you have the right to question the Department's evidence and to ask questions; and you have the right to be represented by counsel at your own expense. You are also notified that if any disciplinary action brought against you involves demotion, suspension, or termination; you have a right to appeal that decision to the City Manager, within five working days, by delivering a signed written notice to the office of the City Manager. The decision of the City Manager is final in regards to demotion and suspension. In matters of termination you may request to go before the City Review Board in accordance with established City policy. , state that I have read and fullly understand the foregoing "Notice of Hearing". I further state that I understand that I have the right to a hearing and the right to present evidence on my own behalf; the right to question and the right to counsel. Signature: Date/Time: , fully understand all the foregoing, waive my right to a hearing and will abide by the decision of the Chief of Police. Signature: Date/Time: Witness: Date/Time: Subscribed and sworn to before me this day of , 19 . Notary Public My Commission Expires: SEAL CSPD Adm 87/5 -- --- C .)..........:.-.,...•::::-.....".....i.-...,-:„....................,....._-. ....:..........._....._..:::._........... ...... . ......................... ..................... .. .. .„ . „ ..,....... .. . .. , . COLLEGE .STATION POLICE DEPARTMNT POLICY MANUAL CHAPTER TITLE: COM• PLAINTS/INTERNAL AFFAIRS DATE OF ISSUE: September 28-;-.1.---.1 987 -...-:.:.,---.':,--:...•.-....',..........-....''...:...-..."..---...'....-......':-...,:..-.....'.......•-...'....:'.-...-.--:.....:.,-....-.-.-::-.....-.-......-....':...-...............-...,.-.."..-.,-.-."....., /! EFFECTIVE DATE: ' October 1, 1;987 REVIEW DATE: October 1, 1988 .-:-.-.._...-..-.:.-._,..-...-.:.E.-.:.'-.-....1......-..-..---.....--.--:.--..."---:.:-..........-....,...,......,•.-.-...'.:..-.....-..'..,1..-.-,..-..._.,.-:..,.- CHIEF.OF P LICE: • • • DATE SSP 2 5 1987 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS The overall integrity of the department depends upon the integrity of each individual employee. The public image and reputation of the department will in a large measure be determined by its responsiveness and diligence in responding to allegations and reports of misconduct against the department or its employees. The department desires to protect its employees from the consequences of false accusations while at the same time being responsive to citizen complaints. It is therefore to the benefit of the community, the department, and the profession of law enforcement that all allegations of employee or department misconduct be promptly investigated. POLICY: It is the policy of this department that all complaints against employees or the department, received from any source whether inside or outside the department,will be investigated. It is the intent of this policy to (1) protect the employee,the community, and the department (2) to identify and correct inappropriate performance (3) to identify and remedy procedural problems and (4) to enhance the profession of law enforcement. PROCEDURES: 1. Internal Affairs (IA) Unit An Internal Affairs component shall be designated by the chief to conduct or assist in conducting internal investigations at the direction of the chief. The Internal Affairs Unit shall be responsible for the record keeping function relating to all citizen complaints and internal investigations. The confidentiality of these records is important and proper security measures should be taken. This record keeping will be separate and apart from the personnel records or centralized records system. IA investigations shall be conducted by any employee or employees designated by the chief to perform that function. While performing an IA function the employee(s) will answer only to the chief, his designee, or the IA supervisor. a. When possible, complaints of alleged misconduct by employees shall be assigned to their immediate supervisor for investigation, when the conduct is not a violation of a criminal statute. b. Cases involving criminal acts by employees shall be assigned to the Criminal Investigations Division, the Internal Affairs Unit, or an outside agency for investigation. The case may be assigned to one, all, or any combination of these entities. c. It is the prerogative of the chief to assign internal cases for investigation in the manner he feels will best serve the interest of all parties involved while ensuring a fair and unbiased investigation of the complaint. 2. Complaint Categories - Complaints of employee misconduct shall be organized into two categories, internal and external complaints. a. Internal complaints are those originating within the department which are specific allegations of violations of department or city policy as defined in the chapter Discipline. (1) All internal complaints shall be recorded on the Internal Complaint Report form. Complaints that allege criminal acts shall be accompanied by a completed COMPLAINTS/INTERNAL AFFAIRS 33 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS Offense/Incident Report. (2) At the time the employee is notified of the internal complaint he shall be directed to complete a memorandum that provides that employee's account of the incident. When practical, this memorandum should accompany the Internal Complaint Report form through the chain of command. b. External Complaints are those complaints, regardless of severity, originating from outside the department which are allegations of employee misconduct or criminal acts. (1) All external complaints shall be referred to the office of the chief or appropriate bureau commander during normal duty hours. (2) External complaints shall be recorded on a Citizen Complaint Report form. The complainant's name shall be requested, along with other pertinent data; however, such information shall not be mandatory for processing and investigation of the complaint. If the report is made in person, a written statement shall also be requested from the complainant. (3) When a citizen makes a complaint concerning lost or misplaced property resulting from direct custody of the department, a memorandum shall be prepared by the person taking the complaint describing the details of the incident as reported. The memorandum shall be forwarded to the immediate supervisor of the person receiving the property, through the chain of command, within the divisional level. The incident shall be investigated by the supervisor responsible for the activity. A complaint or report form will not be necessary during the preliminary inquiry of the incident. 3. Taking of Complaints a. Walk In Complainants - persons coming to the department to file a complaint shall be referred to the chief or the bureau commander of the employee against whom the complaint is directed. In the event the chief or bureau commander are not available, the person shall be directed to an employee of supervisory status, preferably within the same operational component of the employee being complained against. b. Telephone Complaints- persons telephoning the department to file a complaint shall be referred to the chief or the bureau commander of the employee against whom the complaint is directed. In the event the chief or bureau commander are not available any supervisory employee is directed to complete an appropriate report form and forward it to the immediate supervisor of the involved employee. When at all possible the complaint shall be taken by a supervisor within the same operational component as the employee being complained against. c. Mail In Complaints - complaints sent to the department via the mail shall be forwarded to the chief. d. In the event the complaint concerns a department procedure or legal technicality which the supervisor or officer may explain to the satisfaction of the complainant, it will not be COMPLAINTS/INTERNAL AFFAIRS 34 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS necessary to complete a Citizen Complaint Report. However, if there is any doubt as to the satisfaction of the complainant, a report shall be taken. e. Those incidents which involve a difference of opinion between a police officer and a citizen over the guilt or innocence of an incident shall not be investigated officially. Complainants in such cases shall be advised to pursue adjudication through the court system. 4. Complaint Classification All complaints, both internal and external, shall be classified by the chief or his designee. The source of the complaint has no bearing on the classification applied to the complaint. a. Class 1 Complaints - Include all serious complaints alleged against department employees. They include but are not limited to: (1) unnecessary or excessive use of force. (2) false arrest. (3) discrimination. (4) corruption/extortion. (5) violation of specific criminal statutes. (6) misuse of police authority. (7) civil rights violations. (8) others as may be directed by the chief. b. Class 2 Complaints - All complaints relating to inadequate police service, discourtesy, improper procedure, or any other allegation not included under Class 1, or which are directed by the chief. 5. Complaint Indexing a. All external complaints shall be directed to the office of the chief for disposition, classification, referral, and assignment of a complaint control number. b. The number system shall be designed so as to facilitate quick referral to any complaint, permit statistical tabulation, and provide security against access to the records by unauthorized persons. c. With the exception of persons assigned to the office of the chief, no person shall have access to or information from any internal affairs record without the expressed permission of the chief. 6. Complaint Processing and Investigation a. The chief or his designee shall maintain administrative control over all internal and external complaints and subsequent investigations. COMPLAINTS/INTERNAL AFFAIRS 35 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS b. If the chief or bureau commander is not on duty when an external complaint is received, the on-duty supervisor shall receive the Citizen Complaint Report to permit preliminary investigation during his assigned shift. In any case, at the end of that shift, all reports shall be sealed and forwarded to the chief through the chain of command. c. The chief has the authority to reclassify any complaint or case or to redirect that case to any other unit for follow-up investigation. d. Internal complaints, unless redirected by the chief, shall not require a control number. It shall be investigated and recommendations made through the chain of command to the chief. In order to assure a fair and impartial review and/or investigation of the allegation, the person receiving the initial complaint and the supervisor taking the complaint shall not discuss the incident or the complaint with anyone other than the chief or his designee. This precaution will help to prevent any undue stress on the employee against whom the allegation(s) were made as well as to quell unnecessary rumors. • 7. Notification of Employee of Complaint and Investigation The chief, upon reviewing the complaint, will determine whether or not the employee being complained against should be notified immediately. The chief may authorize an investigation without the employee's knowledge if he feels it is necessary to gather sufficient information and evidence to conclude the investigation. Under normal circumstances employees should be notified of complaints against them as soon as practical. a. When the employee is notified that an investigation is being conducted they will be provided with a written statement of the allegations against them and their rights and responsibilities as it pertains to the investigation. The employee shall be required to sign an Internal Investigation Warning form at the time of notification. b. When a final determination is made the involved employee shall be notified of the disposition of the complaint. If disciplinary action, other than verbal, is approved by the chief,the involved employee shall be notified by letter of the following: (1) the particular rule, policy, or procedure allegedly violated. (2) the dates, places, and times the act or omission allegedly occurred. (3) a statement of the alleged acts or omissions, describing each specifically. (4) the conclusion of the case, including a disposition. (5) the disciplinary action approved by the chief. (6) the rights of appeal and the procedure for appeal, if applicable. 8. Notification of the Complainant Upon receiving or being assigned an external complaint the investigator or supervisor shall contact the complainant if the person's identity is known and if the hour is appropriate and acknowledge the receipt of the report and inform the complainant that an investigation is underway. The complainant shall also be informed that they will be contacted again and advised COMPLAINTS/INTERNAL AFFAIRS 36 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS of the disposition of the case upon it's conclusion. Upon completion of the investigation the chief may orally or by letter notify the complaint of the following: a. the general findings and conclusion of the investigation. b. that "appropriate corrective or disciplinary action" is being taken if the allegation is sustained. c. that the investigation is officially closed. 9. Disposition of Complaints Upon completion of an investigation the chief or his designee shall classify the case with one of the following dispositions: a. Unfounded -the allegation is false or not factual. b. Not Involved - the employee was not present at the time the misconduct or incident occurred. c. Exonerated - the incident complained of occurred but the actions of the employee were lawful and proper. d. Not Sustained-there is insufficient evidence to prove or disprove the allegation. e. Sustained -the allegation is supported by sufficient evidence. The final classification shall be indicated on the Internal Investigation Control Log by the chief. 10. Recommendations for Disciplinary Action Recommended disciplinary action in sustained internal or external complaints will normally follow the chain of command. Recommendations shall be accompanied by all supporting documents and reports from the assigned investigator. Disciplinary action in cases referred to the Criminal Investigation Division may be delayed until disposition of the case occurs within the judicial system. a. With sustained internal and external complaints, beginning with the employee's immediate supervisor, each supervisory and command officer, following the chain of command, shall make recommendations as to appropriate disciplinary action. b. The chief may require a statement of rationale for the recommendation and the employee's past history of performance may be reviewed prior to the awarding of official disciplinary action. COMPLAINTS/INTERNAL AFFAIRS 37 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS c. When a case reaches the chief, he shall indicate the final case disposition and shall specify the disciplinary action to be taken, if any. d. A disciplinary review board may be convened, in accordance with the chapter of this manual on Discipline to further assess the scope and severity of potential disciplinary action. e. The completed investigation of a criminal conduct Class 1 complaint shall be submitted to either the appropriate city, county, or district attorney's office or the appropriate federal prosecution office having jurisdictional authority. 11. Use of Polygraph An employee may at any time be ordered by the chief to submit to a polygraph examination which is directed specifically and narrowly to any official internal investigation. However, when an uncorroborated citizen's complaint for a non-criminal infraction is the basis for an investigation, the employee shall not normally be required to submit to a polygraph examination unless the complaining citizen first submits to such an examination. During the examination the employee shall be permitted to view the questions prior to the actual test. The polygraph examiner may add control questions of his choice. The chief shall be given the written results of the examination in the following manner: a. the response was truthful. b. the response was deceptive. c. the response was inconclusive. Results of the polygraph examination shall not be useable in any subsequent criminal proceeding but may be used to determine dispositions of administrative matters. 12. Other Required Testing a. Employees of the department may not refuse to submit to any other non-testimonial examination with reasonable cause, (i.e., medical examination, line up, photographs, etc.), regardless of the nature of the case. In criminal cases the accused employee's constitutional rights will be protected, including the right to counsel. b. Employees of the department may not refuse mandatory drug screening by urinalysis, as ordered by the chief,with cause, during an official investigation, including but not limited to; a shooting incident, injury or fatality accident, allegation of substance abuse, possession or sale, or other incident involving serious injury or the threat of injury. c. Refusal to submit to non-testimonial examinations where required by direct order of the chief may be grounds for dismissal. COMPLAINTS/INTERNAL AFFAIRS 38 CSPD POLICY MANUAL-COMPLAINTS/INTERNAL AFFAIRS 13. Statements a. Employees are required to answer all questions concerning an administrative investigation. If by answering a question an employee may incriminate himself in a statutory crime the employee may refuse to answer the question on grounds of self incrimination. Each employee questioned during an internal investigation shall be required to sign an Internal Investigation Warning form. b. Employees under investigation may not refuse to answer questions narrowly related to the performance of their duties or the specifics of an internal non-criminal investigation. c. Refusal to fully cooperate in relation to an internal investigation may be grounds for dismissal. d. When being investigated for an alleged criminal act the employee shall be protected by the requirements of Miranda and may not be required to answer any questions or make any statements. His attorney may be present during questioning if the employee so desires. 14. Searches a. An employee's personal property shall be afforded the same protection as that of any other citizen according to the law. b. Departmental property or personal property authorized for use by the department in connection with official police duties, may be inspected at any time, even if assigned to be used exclusively by an individual employee. 15. Release of Information All releases of information and reports concerning the investigation of misconduct by any member of the department shall be authorized directly by the chief. News media personnel shall be referred to the office of the chief when inquires are made. 16. Final Responsibility Final responsibility for discipline within the department is placed upon the chief. These procedures are merely a guideline which shall be followed as closely as possible. The chief shall retain the discretion to alter the normal procedures when in his judgement the circumstances of a situation warrant or compel a differing approach. COMPLAINTS/INTERNAL AFFAIRS 39 • CSPD CITIZEN COMPLAINT REPORT Date of Report Time of Report How Received ()Person ()Phone ()Letter Report Taken By: Additinal Reports ()Yes ()NO Attached Complainant's Name(Last,First,M/I) Date of Birth Complainant Address Phone Date of Incidence Time of Incidence Location Name or Description of Employee Badge No. Name or Description of Employee Badge No. Vehicle Information Witness Name(Last,First M/I) Phone Address elationship to Comp. Witness Name(Last,First M/I) I Phone Address 16elationship to Comp. Details of Complaint If additional space is needed,continue on supplemental report. Complainant Signature Control No. CSPD Adm 87/2 CSPD INTERNAL COMPLAINT REPORT Name of Employee Rank Assignment Complaint Initiated By Rank Assignment Date/Time of Incident Date/Time Reported Location Description of Incident Signature of Employee.lnvolved ID# Date Recommendation of Supervisor-Memo Attached()Y ON Signature Recommendation of Division Commander-Memo Attached()Y ()N Signature Recommendation of Bureau Commander-Memo Attached()Y ()N Signature Action Taken By Chief of Police Signature CSPD Adm 87/3 COLLEGE STATION POLICE DEPARTMENT INTERNAL INVESTIGATION WARNING I wish to advise you that you are being questioned as part of an official investigation by the Department. You will be asked questions specifically directed and narrowly related to the performance of you official duties of fitness for office. You are entitled to all the rights and privileges guaranteed by the laws of this State and the Constitution of the United States, including the right not to be compelled to incriminate yourself. I further wish to advise you that if you refuse to testify or to answer questions relating to the performance of your official duties or fitness for duty, you will be subject to Departmental charges which could result in your dismissal from the Department. If you do answer, neither your statement nor any information or evidence which is gained by reason of such statements, can be used against you in any subsequent criminal proceeding. However, these statements may be used against you in relation to subsequent Departmental charges. Employee Signature Date/Time Investigator Signature Date/Time CSPD Adm 87/1 CSPD INTERNAL INVESTIGATION CONTROL LOG THIS SECTION TO BE COMPLETED BY THE CHIEF OF POLICE CONTROL NO.: CLASSIFICATION: EMPLOYEE ASSIGNED TO INVESTIGATE: DATE/TIME ASSIGNED FOR INVESTIGATION: DISPOSITION: DATE: LETTER TO EMPLOYEE: Y () N () DATE: COMMENTS: THIS SECTION TO BE COMPLETED BY THE INVESTIGATOR DATE/TIME COMPLAINANT CONTACTED: WRITTEN STATEMENT: Y () N () DATE/TIME EMPLOYEE CONTACTED: WRITTEN WARNING: Y() N () WRITTEN STATEMENT OF ALLEGATIONS/EMP. RIGHTS AND RESPONSIBILITIES: Y() N () WITNESS NAME: DATE/TIME CONTACTED: WRITTEN STATEMENT:Y() N () WITNESS NAME: DATE/TIME CONTACTED: WRITTEN STATEMENT:Y() N () WITNESS NAME: DATE/TIME CONTACTED: WRITTEN STATEMENT:Y() N () INVESTIGATION COMPLETED (DATE/TIME): RECOMMENDATION OF SUPERVISOR: SIGNATURE: RECOMMENDATION OF DIVISION COMMANDER: SIGNATURE: RECOMMENDATION OF BUREAU COMMANDER: SIGNATURE: CSPD Adm 87/4 C ) COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: TRAINING DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: �ht0 SEP 2 5. 19$3 CSPD POLICY MANUAL-TRAINING Training is often regarded as one of the most important functions of any law enforcement agency. Well trained personnel are better prepared to act correctly and responsibly in a wide range of situations. Proper training also serves to increase the effectiveness and efficiency of employees. Training is also very important from a legal aspect in that agencies are now being held accountable for the actions of employees that can be related to a lack of initial or remedial training. The basic purpose of training is twofold. First, it is to provide learning in new skills and secondly to maintain current skills. This chapter is written to provide the procedures by which this basic purpose may be attained. POLICY: It is the policy of this department that all employees receive such training as mandated by the state and adequate additional instruction in all areas required for the proper performance of their specific job tasks. PROCEDURES: 1. Organization and Administration The authority and responsibility for all training, for both sworn and civilian personnel, shall be vested in the recruiting and training section of the department. This section shall be supervised by a person(s) appointed by the chief to act in the capacity of training coordinator(s). The duties and activities of the training section shall be to: a. determine that all personnel have satisfactorily completed all mandated training. b. determine training needs through interaction with employees, supervisory personnel, and outside sources such as city, county, and district attorneys, TCLEOSE, etc. All in service training provided by this department shall include performance objectives for each course which shall itemize: (1) the tasks for which training is needed. (2) what is to be learned. (3) evaluation of course participants. (4) evaluation of the training course. c. selecting appropriate outside courses of instruction through research and coordination with supervisors. Notifying supervisors of training opportunities for themselves and their employees. d. determine job-relatedness of requested training through interaction with appropriate supervisory personnel. e. scheduling employees for attendance at various training courses and seminars. f. notifying supervisors and employees of required training courses and courses for which TRAINING 40 CSPD POLICY MANUAL-TRAINING they have been scheduled to attend. g. planning, developing, and implementing in-house training programs. (All in service training courses shall be approved by the chief prior to implementation). h. insure that all training is consistent for like job descriptions. i. insure that all training is directed towards accomplishment of the department mission. j. assist the chief in the selection of department training instructors. k. assuring that required and scheduled training courses are attended. I. maintain accurate employee records of all training. m. evaluate all training programs through employee and supervisor feedback. n. notify TCLEOSE when an officer has received training for which he may receive hours of credit from TCLEOSE. 2. Annual Evaluation of Training Programs Once each year a committee appointed by the chief, in conjunction with the training coordinator shall review and evaluate all training programs utilized by the department, both in-house and outside. The committee shall provide a written report to the chief outlining suggested additions, updates, or deletions to the existing training program. The sources used to evaluate the existing training programs shall include but not be limited to the following: a. training evaluations from course attendees. b. a review of new laws, court decisions, and department policy and procedures. c. consultation with the city attorney. d. consultation with the county and district attorneys. e. consultation with the local police academy director. f. consultation with department supervisors. g. a review of past disciplinary actions to see where training may be needed. The evaluation process and written report shall take into account such factors as the number of employees trained, extent of training, problems that were encountered,whether available physical facilities are appropriate, etc. TRAINING 41 CSPD POLICY MANUAL-TRAINING 3. Attendance When attendance at a training course is required the training order shall stipulate that the training is mandatory and shall list the personnel who are required to attend. All employees shall be required to attended mandatory training except under the following exceptions: a. Persons on vacation shall not be required to attend. b. Exceptions to attendance may be granted by Division commanders for good cause, such as illness, court attendance, or personal or departmental business of an emergency nature. 4. Training Records Attendance at all training schools or sessions shall be documented and records maintained by the training coordinator in the employee's training file which shall be updated immediately upon successful completion of a training program. The file shall contain at least the following information: a. the name of the course attended. b. the length of the course in hours. c. the name(s) of instructors. d. hours of TCLEOSE credit if any and documentation that TCLEOSE has been notified. e. the employee's performance as measured by tests, if administered. (1) Participants of all in service training courses shall be tested in their ability to use the knowledge and skills covered in the course. (2) Competency-based testing, based upon the performance objectives of the course, shall be employed. (3) At the beginning of each course, participants shall be instructed as to the performance objectives of the course, the type of testing that will be used, and the requirements for a passing score. (4) Participants who fail to pass a required in service training course shall be given the opportunity to receive remedial training and take another test when the scheduling of the training section permits. Failure to pass the second test may result in disciplinary action. f. a copy of the course completion certificate, if issued. 5. Curriculum Records In addition to the employee training file the Training Coordinator shall maintain records on each training class attended by an employee(s), whether inside or outside the department. These records shall contain the course syllabus and/or lesson plans for all courses of instruction. TRAINING 42 CSPD POLICY MANUAL-TRAINING 6. Reimbursements Employees shall be reimbursed for expenses incurred as a result of attending training programs in accordance to established city policy. Reimbursement will not be made for expenses incurred from attending any type of program for which they have not been scheduled to attend by the training coordinator. 7. Funding of Training Programs The training coordinator shall seek out and investigate possible sources of private and public funding to supplement the department's training budget. Such sources may include but are not limited to: (1) Brazos Valley Development Council, (2) National Institute of Justice, (3) Federal Government Grants, and (3) TCLEOSE. 8. Police Academy a. Recruit officers shall receive their basic training at the Law Enforcement and Security Training Division of the Texas Engineering Extension Service, Texas A&M University (referred to as the academy). This academy operates under the authority of the state of Texas and is approved by the Texas Commission on Law Enforcement Officer Standards and Education. The academy charges fees based upon the non-profit operation of a state agency. The responsibility for an officer's fees to attend the academy shall be that of the department. b. The department shall provide input to the academy regarding training needs through participation on the academy advisory staff. The chief shall appoint an employee to serve on the staff at his pleasure. The appointee shall obtain input from the training coordinator and department supervisors regarding needed changes, additions, or deletions to the academy training programs and present this input at the scheduled staff meetings. c. All newly sworn officers shall be required to successfully complete academy's basic peace officer training program prior to being authorized to carry a weapon, being placed on any assignment, or to make an arrest, except as part of the approved field training program. 9. Recruit Officer Field Training Each officer, upon completion of the basic academy, shall be placed with a field training officer for a period of twelve (12) weeks during which time the officer shall receive additional training and evaluations in such areas as department policy, procedures, rules, regulations, patrol procedures, etc., as outlined in the department Field Training Manual. 10. Field Training Officer Selection and Training a. Openings for FTOs shall be posted in accordance with the section in this manual on notification of position openings. b. Officers meeting posted qualifications who wish to apply for the position of FTO shall do TRAINING 43 CSPD POLICY MANUAL-TRAINING so in writing,through the chain of command,to the chief. c. The chief, after consultation with supervisors of the applicants and other FTOs shall appoint a person(s) to the position of FTO. d. Prior to assuming the responsibilities of FTO an officer shall receive a course of instruction developed by the Training Coordinator designed to familiarize the officer with the Recruit Officer Training Program and his responsibilities as an FTO. This course of instruction shall be designed to ensure continuity in the context, teaching methods, and procedures of all FTOs. e. FTOs shall be supervised and evaluated by their shift supervisors. f. FTOs shall conduct their training and make required reports and recruit evaluations as outlined in the Field Training Officers Manual. g. Recruits shall evaluate each FTO from which they have received training at least once during the training period. 11. Selection of Instructors for In Service Training Instructors for all training courses conducted by the department shall be selected by the chief in conjunction with the Training Coordinator. Instructors shall be selected on the basis of: a. specific knowledge in the area to be taught. b. knowledge of teaching theories and methods. c. personal desire to teach others. d. general knowledge of law enforcement and related fields. 12. Yearly Retraining All sworn personnel shall complete an annual refresher course designed to update the officer on changes in policy, procedures, rules, regulations, administrative structure, changes in the law, new case law, etc. This course shall be designed and coordinated by the training coordinator in conjunction with the Administrative staff. The course shall be conducted at least once a year at a time designated by the chief. The course may be incorporated into the roll-call training. 13. Advanced Training Advanced training for sworn personnel shall be made available within departmental budget and manpower constraints. Advanced training will be used to improve the capabilities of officers who have shown qualities beneficial to the department and to provide training necessary to qualify personnel to fill needed positions within the department. Requests for advanced training should be made through the chain of command to the chief. The TRAINING 44 CSPD POLICY MANUAL-TRAINING chief shall make the final decision as to which employees are to receive advanced training. Upon completion of advanced training an employee may be placed in a position within the department which will allow the benefit of the training to best be utilized by the department. 14. Specialized Training Specialized training shall be required for any employee in the position of: a. SORT member. b. hostage negotiator. c. weapons Coordinator. d. motorcycle Officer. 15. Civilian Training a. All newly appointed civilian employees shall receive a session in orientation training in which such topics as the department's role, policies, procedures, rules, regulations, working conditions, employee rights and responsibilities, etc. are covered. This training shall be in addition to the new employee orientation conducted by the city. b. All civilian employees shall receive adequate training to meet the requirements of the various job responsibilities to which they are assigned. 16. Specialized Civilian Training Due to the nature of some civilian positions, specialized training or orientation shall be necessary prior to the employee assuming the responsibilities of the position. These positions include: a. animal control personnel. b. communications/jail personnel. c. school crossing guard. d. records technician TRAINING 45 ENT COLLEGE STATION POLICE DEPARTM POLICY MANUAL CHAPTER TITLE: EMERGENCY DRIVING DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1, 1988 DATE: CHIEF OF POLICE: —)1/1( . 1` SEP 2 5 1987 CSPD POLICY MANUAL-EMERGENCY DRIVING Quick response to certain types of calls and pursuits are a necessary although very dangerous part of police work. The state of Texas recognizes this and has made provisions for exempting the operator of an emergency vehicle from obedience to normal traffic laws under certain conditions. These provisions are outlined in section 24 of the Texas Motor Vehicle Laws, Uniform Act. This section also provides a warning that endangering life and property by reckless disregard is not protected under the statute, even in the cases of pursuits and emergency responses. Each emergency response or pursuit is unique and therefore requires a different set of considerations and judgements on the part of the officer. The procedures outlined below serve as guidelines to direct an officer in making the proper decisions but cannot replace common sense, good judgment, or adequate training. It is of upmost importance that even with the use of emergency warning devices each officer always drive with proper control of his/her vehicle and in a manner and rate of speed that will allow innocent third parties using ordinary care to avoid any type of collision or accident that should reasonably have been foreseen. The courts have held that a person's rights of compensation for injuries or damages due to the reckless or negligent acts of an officer responding to an emergency or in pursuit remain in force, regardless of the seriousness of the emergency or the criminal acts of the offender(s) being pursued. Therefore an officer may suffer personal liability for damages caused by reckless or negligent actions during pursuit or other emergency driving. The department and the city may also be held liable for damages caused by actions of their officers. POLICY: It is the policy of this department that officers comply with state statutes regulating the operation of emergency vehicles while exercising due regard for the safety of life and property when responding to emergency calls and engaging in pursuit situations. Further, it is the policy of this department that no officer shall violate constitutional, federal, or state law in the pursuit of offender(s) or in making emergency responses to situations. PROCEDURES: 1. Training - Each officer shall, as soon as practical during his/her probationary period of employment, be given a specialized course in low-speed pursuit driving by a training facility approved by the department. An officer shall not initiate or engage in pursuit unless he has received this training. 2. Emergency Response - It should be remembered that for an officer to be of any benefit in an emergency situation, he must reach the scene safely. a. An officer shall use emergency equipment when responding to a call only when he determines that an emergency response is necessary to (1) prevent serious bodily injury, (2) prevent loss of life, (3) to prevent the escape of a person who has inflicted serious EMERGENCY DRIVING 46 CSPD POLICY MANUAL-EMERGENCY DRIVING bodily injury or caused the death of another person, or (4) to reach the scene of a potentially violent felony in progress. The officer's determination will be based upon information received from the dispatcher or from third parties in the event the officer is flagged down and advised of an emergency situation. b. The responding officer shall notify dispatch as to the emergency mode in which he will be responding, using the following code designations: (1) Code 1 - non-emergency, regular operation of vehicle. (2) Code 2 -discretionary use of emergency lights and siren. (3) Code 3-continual use of emergency lights and siren. An officer's choice of which code to use will be dependent upon the type of call to which he is responding, while adhering to the provisions of section 24 of the Texas Motor Vehicle Laws, Uniform Act. Code 3 shall be considered the normal response mode unless exceptions as listed in sec. 24(d)(1-4) are present. When an officer changes the emergency mode under which he is operating, they shall notify dispatch by the term"now responding"followed by the new code under which they will respond. c. A field supervisor, at his/her discretion, may alter the emergency code under which an officer uses to respond to a call when he feels it necessary under the circumstances. When a response mode has been altered by a supervisor,that supervisor shall verify that dispatch is clear on the altered response mode. d. The responding officer shall at all times balance the need for quick response against the probability and possibility of damage or injury to innocent persons and the severity of the incident to which they are responding. 3. Pursuits - High-speed pursuit should not be undertaken lightly. Even with proper driving and pursuit techniques, there is a significant potential for danger to the officer and innocent third parties through accident and/or equipment failure. a. General Requirements (1) No police vehicle shall initiate or participate in any pursuit unless properly equipped to do so. (2) A motorcycle officer may initiate a pursuit but shall request a marked patrol unit to assist and shall drop out of the pursuit as soon as the marked unit is in position to take over. The motorcycle officer should respond to the scene once the pursuit is concluded. (3) The decision to initiate a pursuit shall be at the discretion of the individual officer after considering such safety factors as road conditions, weather, traffic, etc., that might adversely affect the safe conclusion8 of the pursuit. (4) The decision to terminate the pursuit shall be at the discretion of the individual 8 A safely concluded pursuit is one in which the perpetrator has been stopped without injury occuring to anyone and without any property damage. EMERGENCY DRIVING 47 CSPD POLICY MANUAL-EMERGENCY DRIVING officer or appropriate command officer. A well trained and disciplined officer is aware that the decision to terminate a pursuit is often the most intelligent decision. No negative disciplinary action shall arise from a decision to terminate a pursuit. (5) An officer shall not engage in high-speed pursuit whenever that officer knows or should know that the potential harm to persons and property arising from the pursuit outweighs the potential harm threatened by the escaping offender. (6) An officer shall not initiate a high-speed pursuit when he believes or should have reason to believe that the evader can be located and/or arrested by means other than the pursuit. This does not apply if the officer has probable cause to believe that death or serious bodily injury may result to another person if the evader is not stopped immediately. b. Responsibilities of the officer initiating the pursuit shall be to: (1) contact dispatch as soon as practical and advise them; (a) that a pursuit has been initiated. (b) license plate number and description of the pursued vehicle. (c) location and direction of travel. (d) the reason the pursuit was initiated. (2) update dispatch as often as practical on the location and direction of travel of the pursued vehicle. (3) exercise extreme caution and good judgment in the operation of their vehicle so as not to present any undue threat of damage or injury to innocent third parties. (4) terminate the pursuit when the continuation of the pursuit would present a greater danger to the public than the danger that would be created by letting the perpetrator escape. c. Responsibilities of dispatch shall be to: (1) assign a backup unit to assist the officer in pursuit. (2) maintain an accurate log (through tape backup and computer) of all activities during the pursuit. (3) to verbally repeat over the radio all transmissions made by the primary or secondary pursuit units. (4) advise all units to restrict radio transmissions to emergency use only. (5) assign appropriate frequencies to primary and secondary units if other than standard frequency is to be used. (6) advise the Fire Department that a pursuit is in progress and request an ambulance be placed on standby. (cancel request upon completion of pursuit if emergency equipment is not needed.) (7) contact appropriate agencies if it appears the pursuit will cross jurisdictional lines. d. Responsibilities of the field supervisor shall be to: (1) monitor the progress of the pursuit. (2) assign additional units to the pursuit to replace the primary or backup units in the event one or the other is forced to drop out of the pursuit. (3) redesignate the backup unit assigned by dispatch if circumstances dictate it. EMERGENCY DRIVING 48 CSPD POLICY MANUAL-EMERGENCY DRIVING (4) assign other units to assist in blocking traffic, clearing intersections, etc., as circumstances dictate. (5) proceed to the general area of the pursuit. (6) terminate the pursuit if he feels it is in the best interest of the department and/or those involved. (7) go to the termination point of a successfully completed pursuit and oversee the situation. e. Responsibilities of the backup pursuit unit shall be to: (1) assist the primary unit in maintaining contact with the pursued vehicle. (2 maintain a safe distance behind the primary unit. (3) once in position behind the primary unit to take over communications responsibility with dispatch, relieving the primary unit of that responsibility. (4) assist the primary unit in making arrest(s) and controlling the situation at the successful termination of the pursuit. (5) never pass or take a position in front of the primary unit unless requested to do so by the primary unit or instructed to do so by a field supervisor. When this occurs the roles of the primary and backup units will be reversed. (6) take over as primary unit in the event the existing primary unit drops out of the pursuit due to mechanical or equipment failure. (7) cease pursuit and stop and render aid to the primary unit in the event the primary unit is involved in an accident. (If the pursuit was initiated due to a felony involving serious bodily injury or death the officer may continue to pursue and notify dispatch of the accident.) f. The responsibilities of other patrol units shall be to: (1) not become involved in or with the pursuit in any way unless instructed to do so by a field supervisor. (2) monitor the pursuit on the police radio and be ready to assist when instructed to do so by a supervisor. 4. Pursuits Initiated by Other A encies There will be times when a pursuit initiated by another agency will enter the jurisdiction of this department. The role of officers in this department shall be to assist the other agency as directed by their supervisor. At no time shall an officer become involved in a pursuit initiated by another agency unless instructed to do so by his/her supervisor. 5. Stationary Roadblocks Roadblocks will only be used as a last resort,when all other means and efforts to stop a person fleeing in a motor vehicle have failed and the use of deadly force is justified in accordance with the chapter in this manual on Use of Deadly Force. a. Any roadblock employed in a pursuit situation shall be approved and controlled by the patrol shift supervisor who is directing the pursuit. EMERGENCY DRIVING 49 CSPD POLICY MANUAL-EMERGENCY DRIVING b. A reasonably effective advance warning system must be deployed to alert motorist (including the fleeing person) of the approaching roadblock. This warning system may consist of the overhead emergency lights and must become effective no later than at the time the roadblock is constructed. c. Adequate distance will be allowed for the fleeing vehicle to come to a safe stop without colliding with the roadblock. d. An officer shall use his/her firearm only in accordance with the section in this manual on Use of Deadly Force. e. At no time shall officers place themselves in a position behind the roadblock in the possible line of the oncoming fleeing vehicle. 6. Moving Roadblocks a. Officers shall not maneuver their vehicles along side or in front of a vehicle being pursued or in any position of potential collision with a fleeing vehicle except under the conditions as outlined in 6b below. b. Officers shall not cause intentional contact between their vehicle and the vehicle being pursued unless: (1) all reasonable efforts to stop the fleeing vehicle have failed and; (2) there is probable cause to believe that if the fleeing vehicle is not stopped immediately, death or serious bodily injury to innocent third parties will result. 7. General Provisions a. Before operating a patrol vehicle on duty, each officer shall ascertain that all emergency warning equipment is functional. Any defective emergency equipment will be reported to the shift supervisor. b. No officer, except under the exceptions granted in sec. 24 (d) of the Texas Motor Vehicle Laws, Uniform Act, operating a police vehicle shall disregard stop signs or signals, exceed the maximum speed limit, or disregard regulations governing the specified direction of travel and turning unless he continuously sounds a siren (and continuously displays an emergency light system, if the vehicle has such equipment) as a warning to others. c. An officer may be held liable for the consequences of reckless disregard for the safety of others. An officer's responsibility to avoid damage or injury to innocent parties takes precedence over pursuit or emergency response. No officer shall engage in reckless or negligent actions, even in pursuit of actual or suspected violators or in response to emergencies, which may damage or injure innocent persons. EMERGENCY DRIVING 50 CSPD POLICY MANUAL-EMERGENCY DRIVING d. All pursuits shall require a written report and administrative review by the operations bureau commander. • EMERGENCY DRIVING 51 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: TCIC/NCIC GUIDELINES DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 1 REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: SEP 2 5 198? CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES POLICY: It is the policy of this department to abide by the rules, regulations, and guidelines of the Texas Law Enforcement Telecommunications System (TLETS), the Texas Crime Information Computer (TCIC) system, and the National Crime Information Computer (NCIC) system. Participation in these systems is conditional upon adherence to policy as set out in the NCIC Operating Manual and applied through the following procedures. The department is subject to audit by the DPS and/or the FBI on a biennial basis for compliance to all TCIC/NCIC policies. It shall be the responsibility of each employee utilizing the above mentioned systems to be familiar with and abide by the following procedures. PROCEDURES: 1. Handling of Information a. Only sworn officers or other authorized9 persons shall be allowed to request teletype inquiries of any kind. Requests from outside the department will be honored when the identity of the requestor can be verified and he meets the above requirements. All authorized persons and employees are responsible to limiting their requests to official, criminal justice purposes only. b. Stolen and wanted information can be requested by officers as needed. A log is not necessary and the information may be broadcast over the radio without restriction, except as necessary to safeguard the officer. Checks for TCIC/NCIC warrants shall be run on all incoming arrestees. Checks shall be made using all alias names,dates of birth, and identifying numbers that are available for each subject. When an NCIC inquiry yields a hit, the terminal operator shall note on the printout precisely to whom the information was given then initial and date this notation and forward the printout to the inquiring officer or agency. Confirmation from the entering agency shall be obtained before taking the following action on a hit: (1) arresting a wanted person. (2) seizing stolen property. 2. Criminal History Information Criminal history information is confidential and certain restrictions apply to the purposes for which it can be requested and how it can be disseminated. a. Requesting Current Criminal History (CCH) - Only sworn officer or authorized persons may request a CCH. Logging, as indicated below, is mandatory. 9Authorized persons are probation officers;judges; parole officers; city, county, and district attorneys; and others authorized by the Chief. TCIC/NCIC 52 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES b. Purposes for CCH Request - The request for a CCH must pertain to a criminal investigation or a background check of an applicant for employment with the department. A CCH shall not be requested for any other purpose by anyone, regardless of rank. Any dispatcher receiving a CCH inquiry that he knows is for an unauthorized purpose shall report such inquiry to his supervisor. c. Logging of CCH Inquiries - Each QH transaction shall be logged in the REQ field. The name and employee number of the requestor shall be used. No generic entries shall be used, such as "CID", "Patrol", etc. If the requestor is an authorized person from outside the department, his name and agency shall be placed in the REQ field. Each OR transaction shall be logged in the ATN field in the same manner as described above for the REQ field in the QH transactions. Each 10, FQ, and AQ transaction shall be logged manually in the written log in the dispatch off ice.10 d. Dissemination of CCH Information -The CCH information obtained over the teletype shall be given only to the person in the REQ, ATN, or written log. It may be passed to that person through an appropriate supervisor. The officer receiving the CCH information is responsible for keeping the printout secure and placing it in an appropriate file or properly disposing of it. If the printout needs to be given to an authorized person outside the department after the initial request,that dissemination must be logged in the manual log. An audit trail of the CCH shall be maintained by keeping the CCH with the case file at all times, or by disposing of it immediately after its use when there is not a case file. Disposal of a CCH shall be by shredding by the requesting person. Disposal shall not be accomplished by any other means. e. Broadcasting of CCH Information - NCIC policy states that the radio shall not be used routinely for the transmission of criminal history beyond that information necessary to effect an immediate identification or to ensure adequate safety for the officers and the general public. It is the officer's responsibility to request CCH information over the air only when he has determined that there is an immediate need for the information to further an investigation, or there is a situation affecting the safety of an officer or the general public. The dispatcher shall broadcast details of the CCH when requested to do so by an officer. The fact that a subject has a criminal history shall not be broadcast in situations where the officer has not determined a need for the record information. 10 A written log will be kept on all CCHs when the request results in a history being returned. TCIC/NCIC 53 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES f. A CCH shall be run on all alias names, dates of birth, and identifying numbers that are know for each subject. The responses received via teletype are only possible identifications and fingerprints shall have to be submitted to DPS to obtain positive identification. 3. Record Cancellation and Clear a. It is the officer's responsibility to: (1) notify the dispatcher as soon as practical when information becomes available indicating that a theft report or warrant is invalid. (2) notify the dispatcher as soon as practical when the property of a theft or burglary report is recovered or a warrant is served, recalled, or in any other manner becomes inactive. (3) file appropriate hard copy teletype returns in the case file and document the status of the TCIC/NCIC records involved. b. It is the dispatcher's responsibility to: (1) remove records from file as soon as practical after being notified by an officer that the case has been cleared or that the record was invalid. Invalid records shall be cancelled with the"X" message key and recovered property or person records shall be cleared with the"C" message key. (2) forward a hard copy of the teletype return showing the cancel or clear to the officer for placement in the case file. The second hard copy should be attached to the original entry and filed in the proper"cancel"folder. (3) be sure that the record(s) actually are cleared from TCIC and/or NCIC. 4. Record Locate -After receiving hit confirmation from an agency on one of their records for a person or property that we have in custody, the dispatcher shall place a locate on that record if it has not been cleared by the entering agency. 5. Quality Control-The DPS and FBI will send quality control messages when they find errors in our records. a. Messages from DPS-The dispatcher on duty at the time the message is received shall resolve the problem at that time if possible, forwarding the messages to the communications supervisor. If the dispatcher cannot resolve the problem, he shall send a message to DPS advising that we are working on the problem and then notify the communications shift supervisor. b. Messages from FBI/NCIC - Error messages from the FBI will have "$.E." at the top. The record will already have been cancelled by FBI/NCIC. The dispatcher on duty shall attempt to resolve the error and re-enter the record if possible. If the dispatcher cannot resolve the problem, he shall notify the communications shift supervisor of the "$.E." message. TCIC/NCIC 54 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES 6. Validation - Every month the DPS will send us a printout of one month of our records that we must verify as accurate, up-to-date, and complete. The Records Section shall conduct activities to accomplish this validation by the stated deadline. Validation is an important records keeping function and all employees shall assist as appropriate. 7. Hit Confirmation a. Responsibilities During Hit Confirmation Shall Be To: (1) ensure that the person or property inquired upon is identical to the person or property identified in the record. (2) ensure that the warrant, missing person report,or theft report is still outstanding. (3) obtain a decision regarding the extradition of the wanted person. (4) obtain information regarding the return of the missing person to the appropriate authorities. (5) obtain information regarding the return of the stolen property to its rightful owner. Special care shall be taken to ensure that the person or property in custody is the same as the person or property in the theft report or warrant, regardless of whether we are requesting the confirmation ourselves or replying to another agency's request for confirmation on one of our records. b. When Asked for Confirmation on Our Records-The dispatcher shall reply to all requests for hit confirmation within 10 minutes. If he is unable to provide the positive or negative confirmation within that time, he shall immediately send a message to the requesting agency giving them a specific amount of time needed to confirm or deny. All hits shall be confirmed by reviewing the original case report or warrant to accomplish the five items stated above. c. When asking another agency for confirmation of one of their records it is the dispatcher's responsibility to: (1) Notify the officer of the hit and that confirmation is being requested, then send a message to the agency who made the entry, stating clearly at the top: REQUEST HIT CONFIRMATION ON YOUR RECORD, and fully describe the person or property in custody. (2) If within 10 minutes the entering agency does not provide positive or negative confirmation, or the specific amount of time they need to confirm or deny, the operator shall send another message requesting confirmation to the agency, stating clearly at the top:SECOND REQUEST, FIRST REQUEST SENT AT (time) . (3) If within 10 minutes after the second request the agency does not provide the confirmation, the operator shall send a message to the TCIC Control Terminal at DPS in Austin (mneomic address AZAC); to the NCIC Control Terminal in Washington, D.C.; and if the entering agency is an out of state agency, to the entering agency's NCIC Control Terminal, at the NLETS ORI found in the back of TCIC/NCIC 55 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES the INTRODUCTION of the NCIC Operating Manual. it is the officer's responsibility to: (4) Understand that the hit alone is not probable cause to arrest. The hit confirmed with the originating agency is one factor to be added to other factors at the scene to arrive at an arrest decision. (5) Understand the hit confirmation process and that he is responsible for ensuring that the person/property in custody is the same as the person/property of the record, along with other safeguards stated above. d. Hit confirmation from the entering agency must be confirmed before taking any of the following actions. (1) Arresting the wanted person. (2) Seizing the stolen property. e. NCIC guidelines describe hit confirmation over the teletype, however there is no NCIC requirement that hit confirmation be written. We will accept telephone hit confirmation only when teletype confirmation is impossible for some reason and even then we will insist that the agency follow up with teletype confirmation when it becomes possible. Any telephone confirmation shall be on recorded phone lines only and the communications shift supervisor shall be made aware of such. We shall provide written hit confirmation to requestors whenever possible. If it is impossible for some reason,we shall provide confirmation over the phone and follow up with a teletype message when it becomes possible. Again, only recorded phone lines shall be used. Under no circumstances shall a hit confirmation request to our agency to go unanswered. 8. Record Entry- Property a. Records shall be entered only when a valid theft or burglary report is on file or other TCIC/NCIC entry criteria are met. b. The record shall be entered as soon as practical after the theft or burglary report has been received. c. It is the investigating officer's responsibility to: (1) make sure that an official theft/burglary report is made or that other entry criteria are met. (2) make sure all information in the report is accurate and all required information is included. (3) provide the necessary information for proper entry to the dispatcher as soon as practical. TCI C/NCI C 56 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES (4) attach all returns provided by dispatch to the appropriate case file. d. It is the dispatcher's responsibility to: (1) verify that the information meets TCIC/NCIC entry requirements. (2) verify vehicle registrations through DMV and boat registrations through the Parks and Wildlife Department. (3) bring to the attention of the requesting officer missing or incorrect data but to enter the record with available data if possible. (4) double check the information on the screen before entry. (5) record the entry in the proper file, including the date, operator's initials, and a hard copy of the entry acknowledgement. Copies of DMV and Parks and Wildlife returns are to be included in the file also. (6) submit a copy of all returns to the requesting officer. 9. Record Entry - Persons a. Records shall be entered only when a valid warrant or missing persons report is on file or other NCIC entry criteria are met. b. The record shall be entered as soon as practical after the warrant or missing persons report has been received. c. It is the investigating officer's responsibility to: (1) make sure that a warrant has been issued or a missing persons report has been filed. (2) ensure that all information included in the warrant and/or report is accurate and that all required information is included. (3) provide the necessary information for entry to the dispatcher as soon as practical. (4) attach all returns provided by dispatch to the appropriate case file. d. It is the dispatcher's responsibility to: (1) verify that the information provided by the requesting officer meets TCIC and/or NCIC entry criteria. (2) verify vehicle registrations through DMV and identification information through DL and CCH checks. Include in the entry any alias information from DL and CCH checks but only when there is a high degree of certainty that DL and CCH returns are for the subject listed on the warrant. (3) bring to the attention of the requesting officer any missing or incorrect data but to enter the record with available data if possible. (4) double check the information on the screen before entry. (5) enter the wanted/missing person record into TCIC and/or NCIC. (6) forward a copy of the record and all checks, such as CCH, DMV, to the requesting officer. The record should be dated and initialed by the operator. TCIC/NCIC 57 CSPD POLICY MANUAL-TCIC/NCIC GUIDELINES 10. Genera( a. All TLETS operators shall read and initial all TCIC and TLETS newsletters and all posted notices. A permanent file of these notices shall be kept in the dispatch area for reference. b. The teletype terminal shall be kept secure at all times and access shall be restricted to authorized personnel only. c. All problems relating to TCIC/NCIC shall be forwarded to the commander of the Jail/Communications Division,through the chain of command. TCIC/NCIC 58 • ( __,...,..,______ F �4L._ _EGE TAT' 0 PPOUCE EP RI° E. . IO O A. . . C 1 ,P1TER TITLE: •ARRESTS -1h = ' ' 0011-,-,: sL9iEd September 28, 1987 E=FFICTVV DATE: October 1, 198/' REVIIz WtI1 T : October 1, •3 988 (CHIEF OF POLICE: DA I•��E _ ,tea .. . . , . . . . , , / �' SEP 2 5 1987' r-I� y fi ZG-,'ie .1 <..,_ , ,-,---;-A,..,-.,..,•,--,—.. 2 CSPD POLICY MANUAL-ARRESTS The power of arrest carries with it a tremendous responsibility on the part of each officer. The power to restrain an individual of their liberty and freedom of movement is not a thing to be taken lightly. One only has to look at case law to see that the power of arrest is also associated with many potential problems for the officer and the department. The Texas Code of Criminal Procedure has set forth the criteria for arrests, both with and without a warrant. These criteria, coupled with case law, establish a set of rules regulating the power of arrest. While a good knowledge of the law is mandatory, it must be supplemented with the exercise of good judgement and common sense. The officer is faced with a myriad of situations daily calling for intelligent decisions based upon that officer's experience and knowledge of the law. Perhaps in no other area of law enforcement is the use of discretion by an officer more important than as it pertains to the power of arrest. Sometime an officer may fail to make an arrest, even when a clear violation has occurred. On the other hand,there may be situations where there is evident probable cause to make an arrest but existing circumstances indicate that the offender should not be arrested. This could be true even if the officer personally observed the violation. It is the purpose of this chapter to provide the officer with basic guidelines to assist in the decision of when to or not to arrest. In addition, this chapter will set forth procedures to be followed that relate to arrests. POLICY: It is the policy of this department that all officers abide by applicable federal and state statutes in obtaining arrest warrants, making warrantless arrests, and arresting with a warrant. PROCEDURES: 1. The Arrest Decision a. When a violation of the law occurs, it is the responsibility of a law enforcement officer to take appropriate action. When an offense occurs for which an arrest can be made, officers shall, after considering the total situation, take all reasonable and necessary steps to effect an arrest of the violator(s). Normally the victim's willingness or reluctance in filing charges should not be a factor when the offense has occurred in the presence of the officer. When a witness exists or the victim can be called as a witness, officers are encouraged to file charges. b. The decision as to whether or not an offender should be prosecuted is normally that of the appropriate district, county, or city attorney and not the arresting officer. However, the decision not to arrest is that of the officer and that decision must be made only after considering the following. (1) If the arrest of the offender would cause a greater potential for harm to the general public than the harm that would be caused if the offender was not arrested. Examples: (a) A crowd situation in which the decision to arrest an individual may further ARRESTS 59 CSPD POLICY MANUAL-ARRESTS aggravate the situation, leading to a riot or other mob violence. Police manpower and resources may be stretched to or beyond their limits. (b) A particularly busy night when there is a shortage of officers on duty. An arrest for a minor violation may consume too much of an officer's time, preventing him from responding to more serious crimes. (2) When the arrest would cause harm to an offender who poses no threat of danger to the public. Examples: (a) A juvenile offender whose violation may best be handled through a verbal warning, counseling, a talk with his/her parents, etc. (b) The intoxicated person who poses no danger to himself and at most may need a little assistance home. c. A decision not to arrest even when there are grounds for an arrest is considered good police practice under special circumstances. However, if the officer has any doubts as to whether or not those special circumstances exist, he should consult with a supervisory officer prior to making the final decision. d. Off duty officers shall not: (1) Arrest traffic violators except when an arrest,is necessary to prevent injury to the driver or other persons. (2) Make arrests for non-threatening offenses except when the violations are flagrant and repeated. (3) Make arrests in their own quarrels, in those of their families or in disputes arising between their neighbors except under circumstances that would justify the use of force to prevent injury to another or when a serious offense has been committed. 2. The Arrest In making arrests officers shall adhere to the laws of arrest and the procedures in this chapter. It is the responsibility of all officers to be knowledgeable in the laws regarding arrests. It is the responsibility of supervisors to stay current in case law as it pertains to arrests and to keep their officers up to date on court decisions that affect arrest procedures. a. Only the necessary force to restrain the arrestee and ensure the safety of the arrestee and the officer shall be employed. Normally all persons placed under arrest should be handcuffed while being transported. The arresting officer, at his discretion may decide not to handcuff a prisoner when the handcuffing would be impractical or unnecessary. Such conditions may exist for persons who are elderly, handicapped, some juveniles, etc. b. The arresting officer is responsible for the safety and protection of the arrestee during the time the arrestee is under the control of that officer. c. The arresting officer is responsible for the security of personal property in possession or under the control of the arrestee at the time of arrest until such property is turned over to another authorized person or agency. ARRESTS 60 CSPD POLICY MANUAL-ARRESTS d. The arresting officer is responsible for ensuring that those rights mandated by federal and state statutes are provided to the arrestee. 3. Warrantless Arrest a. For information on authority to arrest without a warrant refer to the Texas Code of Criminal Procedures (CCP), Chapter 14. It shall be the responsibility of each officer to be familiar with and abide by the provisions of that Chapter. b. Chapter 18 of the CCP, Article 18.16, authorizes any person to prevent the consequences of a theft by seizing any property which has been stolen along with the offender and presenting them to a peace officer to be taken before a magistrate. c. Guidelines - While chapters 14 and 18 of the CCP give the officer the basis for warrantless arrests, both misdemeanor and felony, it is case law that has established what the courts will or will not accept. Arrest law at best is ambiguous and the responsibility for remaining current and up to date regarding this body of law is that of each individual officer. (1) Consider Art. 14.03 of the CCP. Art. 14.03(a)(1) at first glance seems to allow an officer to arrest when he observes suspicious activity is suspicious places. The courts have limited these arrests to when the officer has actual probable cause to make the arrest. (2) Art. 14.03(a)(2) addresses the idea of the on-going assault. Any officer making an arrest under this section must be able to show why he felt that the assault would continue in the absence of an arrest. (3) The terms "breach of the peace"and "offense against the public peace" while used in the CCP are not defined by the CCP. It has therefore been left up to court decisions to decide the meanings of these terms. Currently the courts tend to apply these terms to any offense in which a person was placed in fear of bodily injury and there is reason to believe that this fear would continue if an arrest was not made. (4) In summary we can say that the area of arrests in general and warrantless arrests in particular is dynamic and changes on an almost daily basis as court decisions are handed down. Officers and supervisors must make every effort possible to stay abreast of these changes in order to make sound arrest decisions. d. When a warrantless felony arrest is made, the arresting officer shall prepare a probable cause statement to be attached to the arrest report at the time it is turned in. 4. Warrant Arrest a. Any person may be arrested by an officer based upon a valid misdemeanor or felony warrant. It is the responsibility of the officer executing the warrant to determine that: (1) The suspect is the one for whom the warrant was issued. (2) The warrant is valid on its face. ARRESTS 61 CSPD POLICY MANUAL-ARRESTS b. No arrest shall be made on a warrant until that warrant has been confirmed. (1) On warrants from this department the officer shall confirm through dispatch that the warrant is still current. Dispatch shall check the warrant files and must have the actual warrant in hand before confirming it. (2) Warrants issued by other agencies shall be confirmed by dispatch sending a teletype to that agency asking for confirmation of the warrant. The agency issuing the warrant must respond by teletype, confirming the warrant and their willingness to extradite the arrestee or to allow the arrestee to bond out from Brazos County jail. c. It shall be the responsibility of the arresting officer to have dispatch remove warrants originated by this department from TCIC/NCIC once the arrest has been made. A teletype confirmation showing that the warrant has been removed shall be attached to the arrest report by the arresting officer. It is the responsibility of the agency originating the warrant to ensure that their warrant is removed from TCIC/NCIC when an arrest on their warrant is made by one of our officers. Dispatch will contact the originating agency and advise them that an arrest has been made on their warrant by our department.11 5. Obtaining the Arrest Warrant a. Class C Misdemeanor Offenses (1) The officer seeking the arrest warrant or municipal court summons shall take the offense report to the city attorney and discuss the particulars of that case with the city attorney, explaining why an arrest warrant or court summons should be issued. (2) Based upon the information,the city attorney will determine to; (a) have an arrest warrant issued. (b) have a court summons issued. (c) not prosecute the case. (3) If a warrant or summons is approved, the officer shall go to the municipal court clerk and provide the necessary information for the summons or warrant to be issued. Before the issuance of a warrant each officer will be required to swear that the facts provided by that officer are true and correct to the best of their knowledge. (4) It is the responsibility of the municipal court clerk to enter warrants into and remove warrants from the wanted persons file on the central computer system. Class C misdemeanor warrants shall not be entered into TCIC/NCIC. b. Class B Misdemeanor Offenses and Above (1) The officer seeking the arrest warrant shall prepare a probable cause statement and take that statement to the appropriate district or county attorney's office along with the offense report,written statements, and any other materials supporting the issuance of the desired warrant. Based upon the facts of the case the district/county attorney's office will determine; 11 See chapter on TCIC/NCIC Procedures for details of officer responsibilities of entering, removing, and confirming warrants. ARRESTS 62 CSPD POLICY MANUAL-ARRESTS (a) to issue the warrant. (b) to decline the case for prosecution. (c) to recommend a lesser charge be filed. (2) If the case is declined for prosecution or referred to a lower jurisdiction (ie. the district attorney suggests a lesser charge and refers the officer to the county attorney) the officer shall obtain a written charging report from the attorney declining the case or making the recommendation. The charging report will indicate why the case was refused for prosecution or a lesser charge recommended. The charging report shall be attached to the offense report. (3) When a warrant is obtained it is the responsibility of the officer obtaining the warrant to see that the warrant is entered into TCIC and/or NCIC by dispatch. A teletype confirmation that the warrant has been successfully entered shall be attached to the offense report. 6. General Criteria for Entry of Warrants into NCIC/TCIC The following is extracted from the Texas Law Enforcement Telecommunications System (TLETS) manual and shall apply to all persons entering warrants into that system. a. Wanted Person File: A wanted person, for NCIC purposes is an individual for whom a federal warrant is outstanding; a serious misdemeanor or felony warrant is outstanding; or a probation or parole violator for a federal,felony, or serious misdemeanor crime. b. The entering agency must attempt to determine, to the maximum extent possible, that EXTRADITION will be authorized if the person is located in another state. If there is a limit to the area from which a person will be extradited, such information must be placed in the Miscellaneous Field. c. If a person is wanted in Texas only, a TCIC record may be entered if the agency is willing to transport the person from anywhere in the state. ARRESTS 63 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: USE OF FORCE DATE OF ISSUE: September 28, 1987 , EFFECTIVE DATE: October 1, 1987 REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: �� "'t" SEP 2 1987 CSPD POLICY MANUAL-USE OF FORCE In recent years the issue of use of force by police officers has developed into an area of paramount concern to citizens, individual officers, and police administration. The use of force can be viewed as an extension of the right to arrest. An officer's use of force must always be reasonable and necessary under the circumstances that exist and should be no greater than the least amount of force necessary to make the arrest and/or stop violent behavior. As in all police activities, the use of force requires sound judgement on the part of officers. The liability of officers who have failed or refused to exercise this good judgement is well documented in court cases. While procedures can offer guidelines, the split-second decisions and complex factors which are a part of each situation in which an officer uses force are unpredictable and make the organization of specific procedures and rules almost impossible. This chapter will approach the critical area of force by attempting to provide rather direct and simple standards in the form of written procedures intended to provide rational and practical guidance in the use of force. POLICY: It is the policy of this department that force be used only to effect a lawful arrest and/or stop the violent behavior of an individual; the minimum amount of force necessary to accomplish the above stated purposes is to be used. PROCEDURES: 1. General Provisions • a. Officers shall use only the amount of force necessary to effect the lawful objectives of making an arrest or preventing injury. b. If circumstances permit, officers endeavor to minimize the pain and injury that may possibly result from the type and degree of force they use. c. Officers may prepare for the use and/or threatened use of force as they see the need to do so, consistent with established policy. Preparation includes but is not limited to: (1) verbal warning. (2) placing hand on firearm. (3) releasing safety strap on holster. (4) removing sidearm from holster. (5) holding baton in a"ready"position. (6) removing shotgun from patrol car. d. Due to the serious nature of using ordinary or deadly force, officers shall carefully review chapter 9 of the Texas Penal Code several times a year. As changes occur, administration will furnish copies of the changes to personnel and conduct training classes as necessary but in no case less than annually. USE OF FORCE 64 CSPD POLICY MANUAL-USE OF FORCE e. All sworn personnel shall be provided a copy of this chapter of policy and instructed regarding this chapter prior to being authorized to carry a firearm. f. Officers shall be responsible for their actions, even if justified under relevant legal provisions. Chapter 9 of the Texas Penal Code explicitly informs the officer that personal liability for their actions is not abolished or impaired by the provisions of that chapter even when force is justified, if the use of that force causes injury to innocent third parties. Under such circumstances the officer can still be held liable. g. Warning shots pose a danger to officers and citizens alike and shall not be used. h. Shots fired at or from a moving vehicle are generally ineffective and are not to be fired unless in defense of human life. 2. Levels of Force a. Levels of force that may be use by officers are listed below in order of least severe to most severe. (1) verbal persuasion (2) physical strength (3) chemical irritant12 (4) baton (5) canine (6) firearms b. When use of force is necessary the officer shall,to the extent possible, use an escalating scale of options. More forceful measures shall not be applied unless it is determined that a lower level of force would not be adequate or has been used and proven to be inadequate. c. An officer may use deadly force only when he reasonably believes that the action is in defense of human life, including the officer's life, or in defense of any person in immediate danger of serious bodily injury. d. Deadly force against a "fleeing felon" shall be used only when the criteria outlined in 2c above have been met. 3. Training Officers shall receive proper training and be approved to carry and use each weapon they may wish to use. Firearms and baton training and qualification are covered in the basic academy. Additional information concerning firearms and batons is covered in the chapter on Weapons in this manual. 12 There may be occasions when the use of chemical irritant may precede physical force. This would be when use of the irritant may prevent a physical fight which could potentially cause greater injury to the officer and/or suspect than the use of the irritant. USE OF FORCE 65 CSPD POLICY MANUAL-USE OF FORCE Officers who wish to carry chemical irritants shall request permission to do so from the Training Section through their supervisor. Upon approval of the request the Training Section shall provide the officer with a departmental approved chemical irritant and instruct the officer in the proper use of the chemical irritant. 4. Use of Force Reports If an officer uses force to effect a lawful objective, that officer shall complete a Use Of Force Report which is contained at the end of this chapter if: a. the use of force results in injury or death. b. a firearm, baton, chemical irritant, or canine is used. The employee shall submit the report to his supervisor who shall forward a copy through the chain of command to the chief. The chief may refer this report to a review board for their review and recommendations. 5. Investigations Anytime the use of force causes death or results in injuries likely to cause death the following shall be notified: a. the chief. If the chief is not available,the next highest administrator shall be notified. b. the internal affairs investigator. c. a criminal investigations division supervisor. The CID and I/A sections shall conduct the investigation of the incident and make a report to the chief for his review. The chief may refer the findings of these investigations to a review board for review and/or recommendations. 6. Death Caused by Use of Force Anytime an officer's use of force causes the death of an individual, that officer shall be relieved of any line-duty assignment pending an administrative review of the incident. 7. Shooting Report Any officer who discharges a firearm, whether accidently or intentionally, for other than training or recreational purposes, shall complete a Shooting Report. A copy of the report is contained at the end of this chapter. The officer shall complete the report as soon as practical after the incident and submit the report to his supervisor who shall forward a copy to the chief for his review. The chief may refer the report to a review board for their review and recommendations. If it is determined that the firearm was fired due to negligence, the officer may be subject to disciplinary action. Humane officers who are required to discharge a firearm to kill an animal shall complete the USE OF FORCE 66 CSPD POLICY MANUAL-USE OF FORCE sections"General Information"and "Narrative"of the Shooting Incident Report. Humane officers shall not discharge a firearm unless a sworn officer is present. If possible, this should be an officer of supervisory rank. USE OF FORCE 67 COLLEGE STATION POLICE DEPARTMENT USE OF FORCE REPORT Officer's Name I.D. Date of Incident Time Date of This Report Classification of Original Case Name of Subject: (Last) (Middle) (First) Address Sex (M/F) Date of Birth Phone No. Type of Force Used Reason for Force: ( ) Necessary to make arrest. ( ) Necessary to defend self. ( ) Necessary to defend another. ( ) Necessary to restrain suspect for his/her own safety. () Necessary to prevent violent,forcible felony. ( ) Other Was Subject Injured: () Yes- Where treated () No Describe Nature of Injury Were Subject(s) Injuries Fatal: () Yes () No Doctor or JP Announcing Death Was Officer Injured: ( ) Yes -Where treated ( ) No Witnesses (names, addresses, phone nos.) Attach a written statement explaining the incident. (Narrative from Offense/Incident Report may be attached here.) Officer's Signature Date Supervisor's Signature Date CSPD Adm 87/7 COLLEGE STATION POLICE DEPARTMENT SHOOTING INCIDENT REPORT General Information Shooting was ( )Intentional ( )Accidental (If accidental, complete General Information, Weapon Information, and Narrative.) Date of incident: Day: Time: Case No. Name of officer discharging firearm: ID#: Rank: Division: Yrs. Service Duty status: On duty( ) Off duty( ) In uniform:Yes ( ) No ( ) Duty assignment at time of incident: Suspect Information Number of suspects: (If none write N/A) 1. Name: Age: Race: Sex: 2. Name: Age: Race: Sex: 3. Name: Age: Race: Sex: Suspect wanted? ( ) Yes ( ) No If yes,for what: Environmental Information Type of call: Location: Weather conditions: Lighting: Occurred: ( ) Indoors ( ) Outdoors ( ) Both Type premises: Weapon Information Make/Model: Caliber: SN#: Ammo: Brand Bullet weight Type Suspect(s) weapon: ( ) Firearm ( ) Knife ( ) Club ( ) Other ( ) None Describe in detail: Shooting Incident Information Number of shots fired by suspect(s):#1 #2 #3 Number of shots fired by officer: Distance between you and suspect(s)when: You were first attacked: Your fired your first shot: When you fired your last shot: Position(s) you fired from: (check as many as applicable) () Standing () Kneeling () Sitting ( ) Prone ( ) Laying down ( ) Walking () Running () Falling () One-handed () Two-handed () Single action () Double-action Shooting Incident Report CSPD Adm 87/6 1 COLLEGE STATION POLICE DEPARTMENT SHOOTING INCIDENT REPORT(CONT.) ( ) Strong hand ( ) Weak hand ( ) Combat stance () Other (describe) Was protective cover/concealment used by: Suspect () Yes ( ) No Describe Officer ( ) Yes ( ) No Describe Estimated time between first and last shots fired: Did you: Count shots () Yes ( ) No Sight and aim weapon: ( ) Yes ( ) No Reload: ( ) Yes ( ) No How many rounds: How long did it take: Speed loaders used: ( ) Yes ( ) No Did you drop any rounds: ( ) Yes ( ) No How many: What did you do with empty cartridges: Did your weapon work properly: ( ) Yes ( ) No If No, explain: What did your bullets strike other than suspect(s): Describe backstop behind your target: List injuries suffered by officer and/or suspect(s),whether minor, serious, or fatal, and how caused. NARRATIVE (Narrative from Offense/Incident Report may be attached.) • Shooting Incident Report CSPD Adm 87/6 (Cont.) 2 1 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: WEAPONS DATE OF ISSUE: September 28, 1987 c EFFECTIVE DATE: October 1, 1987 a REVIEW DATE: October 1, 1988 CHIEF OF POLICE:.-)/14.eDATE: .G�"�i" SEP 2.5 1987 C CSPD POLICY MANUAL-WEAPONS POLICY: The very nature of police work requires officers to carry and/or be proficient in the use of several lethal and non-lethal weapons. The use of any weapon by an officer imposes a grave responsibility on the part of the officer and the department alike. It is the policy of this department to provide guidance and direction through written procedures and proper training, designed to instill confidence and minimize exposure to litigation. The purpose of this chapter is to describe the types of weapons and ammunition that may be carried and/or used by officers and the training and qualifications necessary to carry or use them. PROCEDURES: 1. Definitions a. Department Approved - approval from the training section and the chief. b. Off-Duty-that period of time an officer is not being paid by the department. c. Proficiency-the demonstration of weapon operation, care, maintenance, knowledge, and safety. Officers shall also be familiar with the capability and limitations of the weapon, ammunition, and related equipment. 2. Management The authority to determine that any weapon(s), ammunition, or related equipment used by sworn personnel meets departmental standards shall be vested in the training section. The chief shall appoint a person(s) within the training section to act in the capacity of weapons coordinator. The duties of the weapons coordinator shall be to; a. approve all weapons and ammunition used by all officers,whether on duty or off duty. b. keep an accurate inventory of all departmental weapons, ammunition, and related equipment. c. issue department weapons to authorized persons upon approved request. d. coordinate and conduct weapons proficiency and qualifications for all sworn personnel. e. develop weapons qualification courses and criteria. f. maintain department weapons and related equipment.13 3. Approved Weapons Weapons approved for use by officers in this department are sidearms, shotguns, tactical weapons, batons , chemical irritants, and canines. All weapons, other than sidearms., shall be department issued. 4. Department Approved Sidearms -On Duty 13 Maintenance of issued weapons and equipment shall be the responsibility of the user. WEAPONS 68 CSPD POLICY MANUAL-WEAPONS a. The department will issue, upon request, to probationary recruits, department owned revolvers of .38 or.357 caliber. The recruit may use this weapon for a period of no longer than six months, by which time he must have purchased and qualified with his own department approved weapon. b. All firearms used on duty must be approved by the department and loaded with department approved ammunition. All on duty uniformed officers shall carry on their person sufficient ammunition to reload their weapon at least twice. Detectives shall carry sufficient ammunition on their person to reload their weapon at least once. c. The department shall provide a holster, belt, keepers, cuff case, and ammo holder for each officer. Uniformed officers may use supplemental leather only when approved by the Firearms Coordinator. d. Revolvers shall be at least .38 caliber, double action, solid frame, 4" barrel length14, and six round capacity. e. Semi-automatic pistols shall be at least 9mm caliber, double action, minimum 3-1/2" barrel length2, and minimum six round capacity. A semi-automatic pistol may not be carried on duty until an officer has completed his probationary period of employment, met firearms proficiency requirements, and has been approved by the firearms coordinator. f. Backup weapons may be carried by sworn personnel. These weapons must be concealed in a secure manner and should not be cumbersome given the nature of their use, i.e., in a life threatening situation where the officer's primary weapon is unavailable or non-functional. An officer who wishes to carry a backup weapon must demonstrate proficiency on an approved course prior to receiving departmental approval. 5. Off Duty Weapons a. All sworn personnel shall have the option to carry their badge and a sidearm while off duty and within their jurisdiction. The badge and sidearm shall be concealed. b. Off duty firearms must be approved by the weapons coordinator and must be at least .32 caliber. c. Firearms and badge must be concealed and carried in a safe manner while carrying off duty. 6. Training a. All weapons training courses shall be developed by the training section and approved by the chief. 14 Barrel length requirements do not apply to plain clothes officers. WEAPONS 69 CSPD POLICY MANUAL-WEAPONS b. All newly sworn officers shall complete weapons training and meet proficiency requirements before being authorized to carry a weapon. c. All newly sworn officer shall receive a copy and be instructed in the chapter of this manual on Use of Force prior to being authorized to carry a weapon. d. No officer shall be allowed to carry or use a weapon, whether personal or departmental, unless that person has demonstrated proficiency according to departmental standards with the use of that weapon on at least an annual basis. e. All officers must qualify annually with on duty, off duty, and backup handguns. If department approved qualifications are held more often, the officer must qualify each time. A passing score, as determined by the weapons coordinator, must be attained on an approved combat course for on duty and off duty weapons. A specialized course shall be developed for qualification with backup weapons. f. The department shall provide .38 and .357 caliber ammunition for qualification with on duty and off duty weapons. Officers using weapons of a different caliber shall be required to provide the necessary ammunition for qualification. Ammunition for qualification with backup weapons shall be provided by the officer. g. Any officer who fails to attain a qualifying score, shall attend, on duty, a block of remedial instruction and shall attempt to qualify again after said instruction. In the event an officer does not attain a qualifying score with two (2)weeks after failing to qualify, he shall: (1) have the privilege of carrying a hand gun on or off duty revoked. (2) be placed in a position within the department which does not necessitate the carrying of a handgun. (3) be given the opportunity, on a voluntary basis, to receive additional instruction and qualify with the weapon on his/her off duty time within two (2) weeks. After being given the additional time and opportunity to qualify, if the officer still fails to qualify, he shall be subject to further disciplinary action. 7. Shotguns a. Shotguns are optional weapons and may only be carried by officers who have met qualification standards with them. b. Officers wishing to carry a shotgun on duty must qualify at least annually on a shotgun course approved by the department. 8. Tactical Weapons Long guns and automatic weapons are considered tactical weapons and shall be used only by members of the department SORT or officers who have received special authorization from the chief and have qualified for use of such weapons in accordance with the SORT Operations WEAPONS 70 CSPD POLICY MANUAL-WEAPONS Manual. The tactical team may use other approved weapons in a tactical situation but must be proficient in and show justification for their use. 9. Batons The carrying of a baton by uniformed officers, on their person, shall be optional. However, the baton shall be available at all times. All officers shall be trained and demonstrate proficiency with the baton at least once a year. 10. Chemical Irritant The carrying of a chemical irritant by uniformed officers shall be optional. An officer shall carry only a chemical irritant approved and issued by the department. Each officer who carries a chemical irritant shall receive instruction in its use from the weapons coordinator prior to being approved to carry it. Officers who carry a chemical irritant shall receive refresher instruction annually and have the expiration date of their canister checked by the training section at least annually. 11. Canines Canines shall be used as a weapon only by the department approved canine handler15. 12. Firearms Safety a. Holsters shall not be unsnapped or sidearms removed from the holster unnecessarily. b. Loaded shoulder weapons (shotguns, rifles, etc.) shall not be brought inside the police building loaded unless a deadly-force emergency exists within the building. Under normal circumstances officers shall unload shoulder weapons outside the building and carry them into the building with the slide open, safety on, and chamber and magazine empty. c. A situation may arise which requires the chambering of a round in a long gun. Once the situation no longer requires a chambered round, it should be removed as soon as practical without chambering additional rounds. d. Crime scene, confiscated, and found weapons shall not be placed into the evidence or property room in a loaded condition. • 15 Complete canine policy is covered in a separate chapter of this manual. WEAPONS 71 CSPD POLICY MANUAL-WEAPONS 13. Prohibited Weapons The carrying or use of any personal or police weapon on or off duty for which the officer has not received departmental approval is strictly prohibited. Such weapons include, but are not limited to the following: brass knuckles slappers nunchaku non-approved batons weighted gloves switch-blade knives 14. Recreational Weapons The procedures in this chapter apply to weapons used for police purposes both on and off duty and do not apply to the use of weapons for recreational or hunting purposes. WEAPONS 72 ('l ) COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: DRESS CODE ( DATE OF ISSUE: September 28, 1987 1 EFFECTIVE DATE: October 1, 1987 J REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: —)')4644.1 SEP 2 5 1987 ( °' f-t) )i"--- CSPD POLICY MANUAL-DRESS CODE POLICY: The individual officer and the department are often judged by the public depending upon the personal appearance of the uniformed officers in particular and all employees in general. It is therefore the policy of this department to require a dress code and standards of personal appearance which will reflect a high standard of professionalism to the public. PROCEDURES: 1. Uniformed Sworn Personnel a. Issue - Uniforms consisting of pants, long and short sleeve shirts, tie, winter jacket, cap, rain wear, and brass shall be issued to each uniformed officer16. Any uniform item purchased by an officer must be approved by the chief prior to being worn as part of the uniform. b. Pants- Pants shall fit properly and legs may be straight cut or flared slightly for officers who wear boots. The bottom of the pant leg should strike the footwear at approximately the top of the heel. c. Shirts - Long sleeve shirts will be worn for winter uniforms and short sleeve shirts for summer uniforms. All buttons shall be in place and secure except for the top button when ties are not worn. If T-shirts are worn the neck will be a cut that at no time exposes any of the T-shirt above the uniform shirt. If the wearing of a ballistic vest causes the T-shirt to be exposed, it will be acceptable. d. Ties - Ties shall be worn with the winter uniform. Ties shall be worn for all court appearances17, other than municipal court, and formal occasions such as parades, honor guard, etc. Ties may be secured to the uniform by a single tie-tac which is not offensive in appearance. e. Footwear - Footwear shall be smooth black leather with no perforations, designs, or decorative stitching and with black soles and heels. There shall be no stitching on the toes or lower portion of the footwear. Sole stitching, if exposed, shall be black. Shoes shall be low-quarter, round-toe, lace-up with black laces. Boots shall be the type with round toes and no laces or zippers. The uppers of both boots shall always be covered by the pant legs. Footwear shall be kept clean, polished, and shined. f. Socks - If shoes are worn socks shall be solid black and shall fit properly around the leg. Any color socks may be worn with boots. g. Caps -The wearing of caps shall be optional except for formal occasions. When worn, caps shall be worn squarely on the head, not leaning to either side, tilted back, or pulled down over the eyes. h. Rain Wear - Only department issued or approved rain wear shall be worn on an as 16 See chapter on Weapons regarding issue of leather equipment. 17 Uniformed officers may dress for court in the same manner prescribed for plain clothes officers. DRESS CODE 73 CSPD POLICY MANUAL-DRESS CODE needed basis. 2. Motorcycle Officers Motorcycle officers shall wear the uniforms issued to them by the department and shall follow the same guidelines given for uniformed officers with the following exceptions: a. The department shall issue riding boots to all motorcycle officers. b. The department shall issue helmets to all motorcycle officers. c. Motorcycle officers shall wear a gold colored ascot in place of a tie. 3. Uniformed Civilian Personnel Uniformed civilian personnel shall wear the uniforms issued to them by the department and shall follow the same guidelines given for uniformed officers with the following exceptions: a. Shoes or boots may be dark brown. If brown lace up shoes are worn, laces shall be brown. Shoes may be the slip on type. Female personnel may wear brown or black hose in lieu of socks. b. A dark brown or black belt shall be worn which matches the color of the footwear. c. Ties are not required for winter wear. d. Caps are not issued nor considered as part of the uniform. 4. Seasonal Uniform Changes Winter uniforms shall be worn from November 30 to March 31. Summer Uniforms shall be worn from April 1 to October 31. Two working week prior to the end of each seasonal period uniformed personnel may decide by shift, section, or unit to go to the next seasonal uniform. 5. Plain Clothes Sworn Personnel a. Male plain clothes officers shall wear dress shirts and slacks while on duty. If the badge and/or weapon is exposed, a jacket covering them must be worn when in public. A jacket shall also be worn for court appearances. Ties shall be worn under the same circumstances requiring uniformed officers to wear ties. b. Female plain clothes officers may wear pant suits or dresses while on duty. 6. Non-Uniformed Civilian Personnel Civilian personnel should dress in a manner which is appropriate and functional for their specific job tasks. Personnel whose jobs bring them in contact with the public should dress in clothing that is generally accepted by the public as normal, conventional, business-type apparel. DRESS CODE 74 CSPD POLICY MANUAL-DRESS CODE 7. Administrative Personnel Non-uniformed administrative personnel shall dress in a professional, business-like manner. Men shall wear dress shirts, slacks and sports coat or suit, and tie. Women may wear dresses or dress suits. 8. Special Assignments Employees given special assignments, such as officers performing undercover, shall dress appropriate to the assignment. 9. Personal Appearance a. Hair- Hair shall be well groomed and have an overall neat appearance. Male uniformed officers shall maintain a hair length and style that: (1) will not extend past the middle of the shirt collar when viewed from the back. (2) will not extend down past the middle of the ear. (3) will not extend down past the eyebrows. (4) will allow the uniform cap to be properly worn. Female uniformed officers shall maintain a hair length and/or style that: (5) will not extend down past the eyebrows. (6) will not be longer in the back than shoulder length.18 b. Sideburns - Sideburns shall be trimmed both vertically and horizontally and not extend past the bottom of the ear. They shall be no wider then 1-1/4" and shall be the same width from top to bottom. They shall not appear to be bushy. c. Mustaches- Mustaches shall be neat,trimmed, and not bushy in appearance. They shall not extend down past the bottom of the lower lip. Waxed or handlebar mustaches will not be allowed. d. Facial Hair- Facial hair other than as outlined in this chapter shall not be allowed except for medical or special assignment purposes and must be approved by the chief. 10. Jewelry The use of jewelry shall be allowed. Employees shall exercise caution not to use jewelry that might hamper or endanger them in the performance of their job tasks. 11. General Employees are expected to use common sense and good judgement in the areas of grooming, personal appearance, and attire. Supervisors shall be responsible for monitoring employees in these areas to ensure that a good public image is presented by all employees. a. All clothing, footwear, and accessories, whether personally owned or department issued, shall fit properly and be properly maintained. This responsibility is that of the employee. When department issued clothing or equipment is no longer serviceable, the employee 18 Hair may be longer than shoulder length but may not be worn longer than shoulder length. DRESS CODE 75 CSPD POLICY MANUAL-DRESS CODE shall notify his/her supervisor that replacement items are needed. b. An accurate accounting of all department issued clothing and equipment will be maintained by a person designated by the chief. Each employee shall be responsible for the return of all department issued clothing and equipment upon termination of employment and shall be financially responsible for any lost, missing, or unreported damaged items. Upon termination of employment all items of clothing shall be returned cleaned, pressed, and on hangers. c. The department shall provide for the cleaning of uniforms. Uniforms shall be dry cleaned and pressed. Shirts shall be pressed with standard military creases. All metal buttons and brass shall be removed from shirts before being sent for dry cleaning. d. Employees assigned to the administrative or criminal investigation divisions and non- uniformed sworn supervisors shall receive an annual allowance for the purchase and maintenance of clothing as approved by the city council. e. Badges, brass, and metal shall be kept clean and shiny. f. When in doubt about the acceptability of any item,the employee should get approval from his supervisor before wearing or purchasing the item. DRESS CODE 76 CSPD POLICY MANUAL-DRESS CODE COLLAR INSIGNIA 1. The CSPD collar insignia is considered as a standard part of the uniform. 2. Officers of the rank of sergeant and above shall wear gold tone collar insignia. 3. Officers below the rank of sergeant shall wear silver tone collar insignia. 4. Collar insignia shall be worn in accordance to the drawing below. oWl PN0) ado •06 „// \11- DRESS CODE 77 CD COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: STANDARDS OF CONDUCT DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 ) REVIEW DATE: October 1 , 1988 CHIEF (JF POLICE: DATE: SEP 2 5 198T • 714t.6-tel°( --- 1 ) CSPD POLICY MANUAL-STANDARDS OF CONDUCT POLICY: The philosophy of this department is one of professionalism and service to the community. This concept can be accomplished only through the cooperation and support of all employees. The conduct of all employees, both on and off the job, is a reflection to the public of the profession of law enforcement. It is the policy of this department that all employees conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the department. PROCEDURES: 1. Immoral Conduct- Employees shall maintain a level of moral conduct in their personal and business affairs which is in keeping with the highest standards of the law enforcement profession. Employees shall not participate in any incident or activity involving moral turpitude which impairs their ability to perform their duties or causes the department to be brought into disrepute. 2. Unbecoming Conduct - Conduct unbecoming an employee shall include that which brings the department into disrepute or reflects discredit upon the employee as a member of the department, or that which impairs the efficient and/or effective operation of the department or employee. 3. Assistance to Citizens - While on duty, employees shall aid and/or assist citizens of the city whenever such aid or assistance appears to be called for and is not in conflict with the principles of law enforcement or in violation of legal statutes or department policy. In an off duty status, an employee has a professional obligation to act in a bonafide emergency situation which he may encounter or where assistance is requested. Officers becoming involved in a police situation with parties having a direct relationship with the officer should request another officer to handle the situation. Employees not in the approved uniform shall not arrest traffic violators on sight, except when the incident involves DWI or other serious, life-threatening acts. 4. Public Relations - Every employee is expected to perform his duties in an efficient, courteous, and orderly manner, employing patience and good judgement at all times. All employees shall refrain from harsh, profane, or insolent language or acts and shall be courteous and civil in their dealings with others. Employees shall use respectful, civil forms of address to all persons, regardless of their life style. Displays of bias toward any person on account of race, sex, religious preference, or life style shall be considered conduct unbecoming an officer and employee. 5. Assistance to Fellow Officers - No officer shall fail to aid, assist, or protect a fellow officer to the fullest extent of his ability in time of need and in accordance with established policy and procedures. 6. Associations - Employees shall avoid regular or continuous associations or dealings with persons whom they know are persons under criminal investigation or indictment, or who have a reputation in the community or the department for present involvement in felonious or criminal behavior. Exception may be taken when such an association is necessary to the performance of official duties, or is unavoidable because of other personal relationships of the employee. Employees shall not provide non-police personnel with information which may aid a person in escaping arrest or delaying apprehension or securing the removal of stolen property. STANDARDS OF CONDUCT 78 CSPD POLICY MANUAL-STANDARDS OF CONDUCT 7. Cooperation and Coordination - Employees shall coordinate their efforts with all other employees of the department and area agencies, with the objective of ensuring maximum achievement and continuity of purpose through teamwork. All employees are charged with the responsibility of fostering and maintaining a high degree of cooperation both within the department and with other agencies. 8. Identification as a Peace Officer- Except when impractical or not feasible or where identity is obvious, officers shall identify themselves by displaying the official badge and/or identification card before taking action. Upon request of a citizen, officers shall willingly and courteously supply name and employee identification number. Each employee shall carry his official identification card at all times while on duty or off duty. 9. Duty a. Officers of the department are always subject to duty, although periodically relieved from its routine performance. They shall at all times respond immediately to the lawful orders of superior officers and other proper authorities. Proper police action must be taken whenever required. Officers assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. b. Employees shall report for duty at the time and place required by assignment or orders and shall be properly uniformed, equipped, and prepared to assume duty. Undivided attention shall be given to orders, instructions, and any other information which may be disseminated. c. Employees shall notify their immediate supervisor in writing of any change of address or phone number within 24 hours of the change. The supervisor shall note the change in his files and notify the department's administrative secretary of the changes in writing. Each employee is required, immediately after employment, to have a telephone which will provide immediate contact with the department. Employees shall not use the department as their address for receiving private or personal correspondence. d. Employees shall immediately notify their immediate supervisor of any injury to other persons, personal injury, or property damage involving any department vehicle or equipment in his charge. Employees shall promptly provide the supervisor with necessary written reports involving the incident. Employees who become involved in accidents while on duty shall make no statement as to responsibility and shall not advise other parties involved in the accident that the department is responsible for damage or injury. e. Employees shall not use any item belonging to the department or the City of College Station, including stationery, envelopes, reports, and forms for personal business except in the performance of authorized police duties. STANDARDS OF CONDUCT 79 CSPD POLICY MANUAL-STANDARDS OF CONDUCT 10. Commissions - An employee shall not accept a law enforcement commission from another agency or jurisdiction without written approval from the chief. The regulation uniform may be worn only during duty related activities unless approved by the chief. 11. Off Duty Work - An employee shall not work off duty police related assignments without approval from the chief. 12. Inspections - Inspections of employee's dress, uniform, or equipment may be made at any time by proper authority. Such inspections shall include, but not be limited to, examination of lockers, desks, or any other space on departmental premises used by any employee. 13. Truthfulness When questioned by proper authority, employees shall give complete and honest answers to any question related to the performance of their official duties,their fitness to hold their position of public trust, or matters relating to departmental business. In cases where the employee is not authorized by regulations of the department to divulge facts within his knowledge he shall decline to comment. a. An employee shall not knowingly falsify any report, document, or statement. b. An employee shall not fail to take proper action or to make a proper report of offenses or investigations with which he is confronted or receiving a report. 14. Drugs - Officers shall not use or possess illegal drugs or controlled substances, whether on duty or off duty, except in the discharge of their official police duties. 15. Prohibited Activities a. Shirking Duty - No employee shall loiter, sleep, loaf, or in any other manner shirk his responsibilities in the performance of their job. Excessive time for lunch breaks or coffee breaks without justification shall be considered as shirking duty. b. Malingering - An employee shall be absent from duty because of sickness only when suffering from an illness or injury which would prevent the proper performance of duty or in accordance with established city policy. An employee shall not feign sickness or disability, nor attempt to deceive a supervisor concerning his physical or medical condition. Notification of the use of sick leave shall be made to the employee's supervisor prior to his scheduled reporting time for duty or as soon as practical. c. Intoxicants - Employees shall not consume intoxicants while off duty to the extent that such consumption is apparent when reporting for duty or to the extent that the ability to perform their job tasks is impaired. Intoxicants shall not be purchased or consumed while on duty except in the performance of official business. Employees shall never be intoxicated while on duty. Employees shall not be intoxicated while off duty, in public view, to the extent as to bring disrepute to the department. No alcoholic beverage or STANDARDS OF CONDUCT 80 CSPD POLICY MANUAL-STANDARDS OF CONDUCT liquor shall be brought into or stored in the department building except as evidence when officially seized. d. Smoking - Employees shall not smoke or use tobacco products when making a personal contact with the public. This includes but is not limited to writing citations, taking reports, conducting interviews, etc. e. Publicity - Employees shall not use their position within the department to enhance or promote any private enterprise, or to seek personal publicity. f. Financial Responsibility - Financial irresponsibility is contrary to the public trust vested in all employees of the department. Employees shall make every reasonable effort to pay all debts for which they are legally responsible. g. Gifts - Employees shall not knowingly accept gifts or gratuities from the general public for services performed or by virtue of their position with the department. h. Disposition of Unauthorized Gifts - Any unauthorized gift, gratuity, reward, or other material benefit which comes into the possession of any employee shall be forwarded to the chief. The chief shall consult with legal counsel and a determination made whether to arrange for the return of the gift and/or initiate an investigation against the giver. The employee involved shall be notified in writing of the disposition. i. Endorsements - Employees shall not permit their names or photograph to be used in endorsing any product or service connected with law enforcement or to be used in any commercial testimonial which alludes to their position or employment with the department without the permission of the chief. j. Solicitations - Employees shall not sell tickets or solicit any form of donation or contribution while in uniform on on duty or while representing themselves as a member of the College Station Police Department without the approval of the chief. k. Organizations - Except for the Armed Forces Reserve components, employees shall not become affiliated with any organization which would in any way require a commitment so as to prevent its members from rendering proper and efficient service to the department. I. Political Activity - Employees shall not use their position in the department to endorse political candidates, nor shall they solicit funds or services, either directly or indirectly, in support of a political issue while on duty. Official capacity shall not be used in any manner to influence the outcome of any political issue. All employees shall conform to the section on "Political Activity"of the city Personnel Policies & Procedures Handbook. m. Personal Preferment - Employees shall not seek the influence or intervention of any person outside the department for purposes of personal preferment, advantage, transfer, advancement, or to gain favor or preferential treatment of any kind. STANDARDS OF CONDUCT 81 �! 1 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: CANINE UNIT DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 ( ) REVIEW DATE: October 1 , 1988 CHIEF OF P.O ICE: DATE: 7iO SEP 2 i°87 CSPD POLICY MANUAL-CANINE UNIT The purpose of the Canine Unit (K-9) is to assist the department in achieving its stated mission, that basically being the protection of life and property, the prevention of crime, and the apprehension of criminals. The K-9 Unit fulfills this purpose in ways that are unique to the trained police dog. The community relations value of the K-9 Unit is well established. No branch of this department inspires more interest among people of all ages than the police dog and handler team. The K-9 team is an effective public relations tool, and properly presented to the public, is welcomed and appreciated. The K-9 team often represents to the public the high standards of courage and security that they value. POLICY: Recognizing the benefits derived from the utilization of a K-9 team in specific police operations, it is the policy of this department that field units should seek the assistance of a K-9 team whenever time permits in order to provide an added dimension of detection and officer safety. PROCEDURES: 1. Interaction Between Employees and K-9 team(sl a. Employees shall refrain from approaching, agitating, or petting the dog(s) without permission of the handler. b. Physical contact (horseplay) between anyone and a handler may be perceived by the dog as an attack upon the handler and therefore shall be avoided except for training purposes. c. Under normal circumstances officers shall not attempt to interfere with or call off a dog which has been given the command to attack by a handler. Should the handler become incapacitated and incapable of controlling the dog, another officer at the scene must take action to insure that excessive force does not occur or that innocent persons to not become injured by the dog. d. Officers who require the presence of a K-9 handler in court must have a subpoena issued so that court attendance can be coordinated with the K-9 Unit. e. Whenever an officer requests the assistance of a K-9 team he/she shall indicate on the Offense/Incident report that the request was made and the results of that request. 2. Primary Situations That Warrant K-9 Support a. Building Searches - Upon discovery of a possible burglary, the officer assigned should request the assistance of a K-9 team to conduct a building search unless the officer has clear evidence that the original suspicion is unfounded or that the building is free of any suspect. If K-9 assistance is requested, officers should not enter the building. During the course of the search no person shall enter the building except the handler or someone at CANINE UNIT 82 CSPD POLICY MANUAL-CANINE UNIT the handler's request. b. Tracking (1) The pursuit of suspects fleeing the scene of a crime is initially the responsibility of the first officer on the scene. Once the officer has lost sight of the suspect, and depending upon the terrain and visibility,the officer should request K-9 assistance. it is important that the officer mark the location where the suspect was last seen so that the dog can pick up the scent as soon as possible. The area where the track is to begin must remain uncontaminated. Therefore, unnecessary walking over the area shall be avoided. The non-handler is to stay behind the dog and his handler. If a non-handler officer is in immediate pursuit prior to a dog being placed into use, he should stop and remain still until the dog passes. (2) Dogs can be used to great advantage in searching for lost persons or physical evidence or property that has been recently handled. The principles regarding the marking of the location and protection of the scene are the same as indicated above. (3) Prior to searching wooded areas, and depending upon the availability of manpower and the size of the area, the area should be isolated by establishing a perimeter. This will assist in preventing unauthorized persons from entering the search area and prevent a suspect from fleeing. c. Arrests (1) In arrest situations, especially when multiple suspects are involved and the officer is having difficulty maintaining control of the suspects a K-9 team should be requested if available. (2) It is possible that some prisoners, due to their condition, (intoxication, drugs, etc.) may not follow or understand an officer's instructions. In such cases,that individual should not be transported by a K-9 unit if another unit is available. If transported by a K-9 unit, maximum care should be exercised to avoid an unjustified bite of the prisoner. (3) Any time a dog is used against a person for any reason, whether injury results or not, a Use of Force form shall be submitted by the handler in accordance with section 4 of the chapter of this manual on Use of Force. 3. Injuries a. Anytime a person sustains a bite or any other injury from a department-owned dog, the handler shall submit a detailed memorandum to the chief, through the chain of command, explaining the circumstances surrounding the incident. (1) Every attempt should be made to have the victim examined by an emergency room physician. (2) A color photograph of the wound should be taken and submitted with the memorandum. b. If an injury occurs during an arrest, the arresting officer will include that information in his CANINE UNIT 83 CSPD POLICY MANUAL-CANINE UNIT arrest report. c. Should an injury occur while the handler is off duty,the handler will immediately notify the chief and then submit a detailed memorandum through the chain of command within a twenty-four(24) hour period. d. The procedures outlined in a-c above also apply if a department dog is injured. e. No officer shall make any statement of liability acceptance by the Department or the insurance carrier for injuries inflicted by a department dog. Should an injury occur, the officer shall advise the injured person that he may submit a written claim to the city. f. If a handler is injured to the extent he cannot exercise control over his dog an attempt should be made, by an officer familiar with the dog,to coax the dog back to the patrol car and there secured so that first aid may be rendered to the handler without interruption. If unsuccessful, officers at the scene should attempt to divert the dog's attention long enough to allow others to reach the injured handler and remove him to safety. The use of deadly force against the dog shall not be considered until all other means have failed and the handler's injuries are of a nature which might result in death or serious injury if medical attention is delayed until the dog can be brought under control. 4. Handler Responsibilities a. No handler shall abuse, neglect, or fail to properly care for his assigned dog. (1) Abuse or neglect of a dog shall result in reassignment of the handler to another duty with retraining of the dog to another handler. (2) Any handler who abuses, neglects, or fails to properly care for his assigned dog shall be subject to appropriate disciplinary action. (3) It is the responsibility of the handler to ensure that his assigned dog receives proper nutrition and health care and that the dog complies with any state or city laws and ordinances. b. Each handler shall be assigned a department vehicle to use while on duty, to transport the dog to and from work, and to ensure a rapid response to a scene when the need arises. The vehicle shall be used in accordance with existing policies regarding the use of police vehicles. c. The K-9 team is considered to be "on call" at any time and the handler shall keep his assigned vehicle in the best possible mechanical condition and ready for use at any time. The handler shall be assigned a pager to be carried at all times while off duty to ensure expeditious contact by the Department in the event he is needed. d. It is the responsibility of the handler to keep his assigned vehicle in a clean and sanitary condition. A plywood board, replacing the rear seat, shall be used for the safety and comfort of the assigned dog. No alterations causing permanent damage or unsafe CANINE UNIT 84 CSPD POLICY MANUAL-CANINE UNIT conditions to the vehicle are authorized. e. It is the responsibility of the handler to keep his dog under strict control at all times. The dog shall remain on leash and at the handler's side at all times except for training and when in actual use. 5. Department Responsibilities a. The department shall acquire all canines to be used as a part of a K-9 Team. The sole ownership of all canines is that of the department. b. The department shall be responsible for the following: (1) The training of all canine and handler teams. (2) All food and veterinary expenses of each dog. (3) Items such as collars, leashes, grooming items, etc., necessary for the proper maintenance and use of each dog. 6. General Considerations a. In the event an on duty K-9 team is attacked by any animal, whether on the command of a person or on the animal's own initiative, and delays the K-9 team from performing its duty,the handler shall take all necessary steps to prevent such occurance and to prevent injury to the handler and/or the assigned dog. b. Officers requesting a K-9 team at a location shall ensure that the request is cancelled once it becomes apparent that the need no longer exists. c. Requests for a K-9 team during hours when a team is not on duty shall be made through a shift supervisor of at least the rank of sergeant. d. The handler shall have exclusive control over the tactical use of the dog(s). Officers shall bear in mind that the decision of a handler not to use a dog is based upon that handler's assessment of the situation and his knowledge of the capabilities of the dog. (1) Any time a handler makes the decision not to use a dog in a tactical situation that has been requested by an officer, he shall submit a memorandum to his division commander, through the chain of command, within twenty four (24) hours explaining his/her decision not to use the dog. (2) A copy of the memorandum shall be sent to the officer requesting the use of the K-9 team. CANINE UNIT 85 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: CRIME ANALYSIS DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 REVIEW DATE: October 1, 1988 DATE: CHIEF OF LICE: --)/-)4t SEP` 2 5 1987 CSPD POLICY MANUAL-CRIME ANALYSIS Crime analysis consists of the collection, dissemination, organization, and distribution of crime data and information. Sources of this data include departmental records and reports, other law enforcement agencies, and governmental agencies. It is the overall purpose of crime analysis to reduce crime and increase apprehension of criminals by utilizing this information to detect crime patterns, detect operational methods of individual criminals, provide investigative leads, and assist administrative personnel in planning, budgeting, and developing long-range strategies. POLICY: It is the policy of this department that a Crime Analysis Unit, whose members shall be appointed by the chief, shall have the responsibility of collecting, organizing, and presenting available crime data to the administrative and operational components of the department in a current and useful format. PROCEDURES: 1. Unit Structure and Responsibility - The Crime Analysis Unit shall consist of person(s) appointed by the chief who may serve on a full-time or part-time basis within the unit. a. If more than one employee is assigned to the Unit, one employee shall be appointed as the coordinator. b. The chief shall be briefed regarding the findings of the unit on a monthly basis. More frequent briefings may be called for by the chief when necessary. It shall be the determination of the chief as to the type and format of the information presented to him by the Unit. c. The chief shall distribute or cause to be distributed relevant findings of the Unit to the various operational components of the department as appropriate. 2. Data Collection and Dissemination a. The sources of data to be used in crime analysis shall come from but not be limited to the following; (1) Department records and reports. (2) Uniform Crime Report. (3) Texas Attorney General's Office. (4) TDC release information. (5) Area law enforcement agencies. b. The Unit shall analyze and convert available data into useful information to be used by various departmental components. Factors to be included in crime analysis reports shall include but not be limited to the following: (1) types of crimes and frequency of occurance. (2) geographic distribution of occurances within the city. (3) chronological factors. (4) actor profiles. CRIME ANALYSIS 86 CSPD POLICY MANUAL-CRIME ANALYSIS (5) victim profiles. (6) modus operandi factors. (7) suspect vehicle descriptors. (8) physical evidence factors. 3. Distribution of Information - Information of a public nature that is generated by the Unit shall be made available in accordance with the chapter of this manual entitled Public Information . Much of the information obtained by the Unit could assist in promoting community awareness and obtaining community support of crime reduction activities and programs. Other information, such as investigative leads, suspect information, modus operandi, etc., must be carefully controlled. 4. Utilization of Information, - In keeping with the purpose of the Crime Analysis Unit the information developed by that Unit shall be used by the various operational components within the department in the development of goals and objectives, long-range planning, manpower allocation and budgetary planning. a. Each operational component of the department shall maintain a record of the information made available to them through the Unit. b. When crime analysis information is a factor in an operational decision, planning strategy, formulation of goals and objectives, budget request, etc., the chief shall be notified by memorandum as to which crime analysis information was used and how it was applied in the particular situation. c. Decisions based upon crime analysis information shall be monitored by the supervisor of the operational component. Feedback shallbe provided to the chief on at least a bi- annual annual basis as to how that decision has affected the particular operational component (fewer incidents, higher apprehension rates, increased investigative leads, etc.). It is the purpose of this feedback to measure the effectiveness of the crime analysis function as it is currently being utilized and to develop methods to increase productivity through crime analysis. CRIME ANALYSIS 87 ice`-' J COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: EMERGENCY MANAGEMENT DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1, 1987 ( ) REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: .—2/4.e e '-1°Cf )I SEP 2 5 1987 CSPD POLICY MANUAL-EMERGENCY MANAGEMENT POLICY: It is the policy of this department, through an organized and coordinated program, to respond to emergency situations, such as natural disasters or civil disturbances, in such a manner as to provide the maximum possible safety and security to the citizens of College Station. PROCEDURES: 1. Emergency Management Plan - In the event of an emergency situation, as defined in the City of College Station Emergency Management Plan (EMP) as "disaster", all department personnel shall abide by the guidelines as set forth in the EMP manual. 2. Organization -An emergency management coordinator shall be appointed by the mayor. The coordinator shall be responsible for preparing a program of comprehensive emergency management within the city. The Emergency Management Plan shall be reviewed on an annual basis and updated if necessary. 3. Police Department Responsibilities- In the event of a declared alert or emergency,the role of the police department shall be as outlined in the Emergency Management Plan manual, Annex A, "Police Department Standard Operation Procedures (SOP) Emergency Operations". 4. Genera( a. Copies of the Emergency Management Plan manual shall be maintained on file by the lead supervisor of each shift, section, and division within the Department. b. Each employee shall review the EMP manual at least annually and shall sign and date a form provided by their supervisor indicating that they have a basic understanding of their responsibilities in the event of a declared alert or emergency. EMERGENCY MANAGEMENT 88 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTERTITLE:FIELD REPORTING SYSTEM DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 REVIEW DATE: October 1, 1988 CHIEF OF POLICE: DATE: 7/2416'/144-P(C --. SEP 2 5 1957 CSPD POLICY MANUAL-FIELD REPORTING SYSTEM The use of a field reporting system is nationally recognized as an invaluable tool to law enforcement. The accurate, timely, and appropriate recording of suspicious or criminal field contacts directly supports the investigative function of the department and is an integral part of effective patrol procedures. Field Information Reports (FIRs) provide an accessible base of information which may link a suspect or witness to crime or perhaps place an individual or a vehicle at a particular place and time. The purpose of the following procedures is to provide guidelines in the use of the FIR system; to emphasize the importance of the system; to clarify when an FIR is appropriate; and to outline procedures for the completion and routing of FIRs. POLICY: It is the policy of this department to establish a Field Information Reporting system that will provide consistent, accurate, and timely information of suspect and suspicious person information. Access to the information generated by this system shall be available to all investigative personnel. PROCEDURE: 1. When To Complete a FIR a. A FIR should be completed by any member of the department who observes, receives information, or has contact with any person or persons whom they believe may have been involved in, may become involved in, or may have knowledge of any criminal activity. b. Quality, not quantity of information shall be the guiding principle in preparing FIRs. c. FIRs are not intended to replace or supplement an arrest or offense report. d. Officers shall consider the circumstances and significance of the contact in making their determination as to whether or not a FIR should be completed. Experience, knowledge and good judgement shall be exercised. e. If any doubt exists whether or not a FIR should be completed, the officer's immediate supervisor should be consulted. 2. Responsibility a. Each officer shall be responsible for the correct completion and submission of FIRs to his immediate supervisor for review. b. The immediate supervisor shall review all submitted FIRs and indicate his approval by initialing the card by the name of the submitting officer(box 13). c. All approved FIRs shall be placed in the appropriate file basket located in the records section for this purpose. d. Each work day the records section shall collect and review each FIR for completeness and accuracy. FIRs failing to meet the standards of this check shall be returned to the FIELD REPORTING SYSTEM 89 CSPD POLICY MANUAL-FIELD REPORTING SYSTEM approving supervisor for correction and/or disposition. 3. Completing the FIR a. Front Side (1) Top Line - Place the suspects drivers license number and state besides the#sign. (2) Box 1 -Stopped At or Seen At: Circle whether the suspect was actually detained or was only observed and not stopped. Include the exact or approximate location of the incident. (3) Box 2 - Name, Address, City: Enter the full name of the subject, including middle name or initial and current home address. (4) Box 3- Sex, Race, Age, Height,Weight, Hair, Eyes, Build, Complexion. (5) Box 4 - Date of Birth: Month, Day, and Year in numerical order. Marks, scars, tattoos,teeth, deformities, noticeable oddities. (6) Box 5 -Vehicle Description (a) Vehicle Color: Indicate the color of the vehicle involved from top to bottom. (b) Year: Enter the last two digits of the year model of the vehicle. (c) Make: Enter the name of the manufacturer(Ford, Chevrolet, etc.). (d) Model: Enter the vehicle name (Mustang, Firebird, etc.). (e) Type: Enter the body style of the vehicle (4 door sedan, 2 door hardtop, pickup, etc.) (7) Box 6-Vehicle License Number (a) Enter the license plate number which is on the vehicle at the time of the stop. (b) Enter the month and year the license is registered in numerical order. (c) Enter.the name of the state issuing the license. (8) Box i - Unusual Features or tuamage. List visible damage noted from the vehicle or other noticeable features (no rear bumper, no tail lights, etc.). b. Back Side (1) Box 8 -Associates, Address, City: List the name of any person with the subject of the report, including home address if known. If more than one associate is present, use a separate card and complete boxes 8-13 on each associate. Attach all cards and submit as a group. (2) Box 9 - Sex, Race, Age, Height, Weight, Hair, Eyes, Build, Complexion of associate. (3) Box 10 - Date of Birth: Month, Day, and Year in numerical order. Marks, scars, tattoos, teeth, deformities, noticeable oddities of associate. (4) Box 11 - Any Additional Information: List additional information not included elsewhere on the report such as complaint numbers, description of tools, comments made, etc. This box can also be used to list the DL number and state of associates, if obtained. (5) Box 12 - Suspicious/Criminal Activity: Describe observations or actions which arouse your suspicion or a specific criminal activity involved. (Example: Observed at the rear of the business complex with a screwdriver in his possession). (6) Box 13 (a) Officer ID#- Legibly indicate name and ID number. FIELD REPORTING SYSTEM 90 CSPD POLICY MANUAL-FIELD REPORTING SYSTEM (b) District - Indicate the district where the stop or observation was made. (c) Date- Indicate the month, day, and year of the stop or observation. (d) Time - Indicate the exact time the stop or observation was made in military hours. 4. Control of FIRs - The records section shall have the responsibility for the indexing, filing, and maintenance of all FIRs. a. All FIRs shall be maintained in a physically secure location, accessible only to law enforcement personnel conducting official police business. The FIRs shall be kept separate from the central record files and classified as closed records except as stated. b. Access to FIR files shall be available to department employees who are trained to search for such information on a 24 hour basis. Access and dissemination to other law enforcement agencies shall be restricted to 8:00am to 5:00pm, Monday through Friday. Request from other law enforcement agencies shall be handled by employees of the records section or their supervisors. c. Each morning the records section shall make copies of all FIRs submitted since the previous morning for the Criminal Investigations Division. These copies shall be available for the morning briefing of investigators. d. FIR files shall be indexed and retrievable by full name, date of birth, vehicle description, and vehicle license number. 5. Purging of FIRS a. FIRs shall be reviewed on a calendar year basis by the records section. The records section supervisor shall have the authority to purge and destroy entries which no longer appear to serve as a valid source of information. b. All other FIRs, including master name index cards, vehicle files, and any other file associated with the FIR shall be purged and destroyed after a three (3) year period, beginning January 1 of the forth (4th) year following submission of the report. 6. General The Field Information Reporting System shall be used to disseminate current information on criminal suspects to investigative personnel and officers assigned to the patrol division. It shall further be utilized by assigned personnel to develop criminal information bulletins and persons of interest bulletins. FIELD REPORTING SYSTEM 91 CSPD FIELD INFORMATION REPORT FORM (FRONT) FIELD INFORMATION REPORT # 1. STOPPED AT SEEN AT 2.NAME ADDRESS CITY 3. SEX RACE AGE HGT WGT HAIR EYES BUILD COMPLEXION 4. DATE OF BIRTH MARKS/SCARS OR PERSONAL ODDITIES 5. VEH. COLOR TOP/BOTTOM YEAR MAKE MODEL TYPE 6. VEH. LICENSE NO. YEAR STATE PLEASE NOTE UNUSUAL FEATURES OR DAMAGE 7. (BACK) 8.ASSOCIATES w/SUBJECT ADDRESS CITY 9. SEX RACE AGE HGT WGT HAIR EYES BUILD COMPLEXION 10. DATE OF BIRTH MARKS/SCARS OR PERSONAL ODDITIES 11.ANY ADDITIONAL INFORMATION 12. SUSP/CRIMINAL ACTIVITY 13.OFFICER(S) D.S.N. 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CHAPTER TITLE: RECRUITMENT/SELECTION DATE OF ISSUE: September 28, 1987 .... „., .,.. , : .-........---......-.........-............':.:....,-:..-.....'..1.....:.1.-,.:•.'..."..r..1.----•..l.-:-...........''....1.•1:..::.'....-•'-",...-...•::'.-.•.......-..----1..-.......-.....:...--...„....'......'„,-.•..r......i........•:..-.-:............-....-....-......:-.-.....:....-.......................................... ..:... .......(...„,_-•------'� EFFECTIVE DATE: October 1 , 1.987 REVIEW DAT-E: October 1,.1988 -...-:......-..'.-......--..............-,:.,-......:-..:-:............-::-,..--.-..-..„.::,;-..:.:.-.......'....:-........:-..1......-::."....:...-........-..„..•...._..-...--.-.,. ..,..,:.:-...:."....-.-..:,-........,..:.. ....-.-..•.''......'''''':''''--..•-'.......-''''-':'-----.1...-.---''''-'..."---'-'1:1--'''-'.'''',.:-1-.-':':-;...::-.--:.-'..-.-:.'",-.:.-'..:-.-_:'-.-.-.- -:'•-•-:--'-.‘...".--'..--........•....... .......,.. .. ... . . . . ..........,,.....:...:..........-........_..,........,._,......i......._:;..............................:_........„.....:.......:........................................:...............,.....,,...:....... .......,........ ...... . ..„............-,......:::.:...-...-.i...........,...,..,...,..,.........-..........;,.......:...............:-:.......:..........-..........................-........:,...,...............,.:....:..........."...:„...................._.....,-.....,..................:.:......:.-:....._........--..:-....:.............:..:...H..-:........_....:-..........:..:-..:,.•....,:....:.....„,......."......-...„..-...,_._.„....,.....-„,...,....-....i.. ...... ........"....._.... ....._....: .. ......,..........,.......................................................,.......,...................:,..:....,.:,..............;,........:.......:..................,..,........r.........,.............:...........,.._..i.,.........:..........:..........--...-....-.....::::.',:-..--:,..--...-...-.,.-...-.E.---,.....-.:,-..-r.--.:.',......:....:-...--.........:::-,:„....._•..,-.',....-„,....:-............:::-.H.,...--r...."...."-.-:-..,:--.-......--.....-....-......,:-.....-. CHIEF`OF POLICE: DATE. : - -.' ''''''." .':'''. '''':.:7-?_14.t.. :-...----- ':' '''''' •••••••.--.'-'1.--------':•:".-."--"--;-. -''.-• - '.'''''''''' '''''' ''' '''''''.. -'' '''''' - SEP 25'1987 CSPD POLICY MANUAL-RECRUITMENT/SELECTION The positive recruitment selection, and placement of high caliber personnel, not just the elimination of the least qualified, should be the intent of any good recruitment and selection process. Positive recruitment and selection will assist the department in achieving its mission through a lower turnover rate, fewer disciplinary problems, higher morale, improved community relations, and increased efficiency and effectiveness. POLICY: It is the policy of this Department to identify, recruit, select and assign the highest caliber of personnel available in a manner that is equitable, nondiscriminatory, and consistent with state and federal statutes, city policy, and Affirmative Action/Equal Opportunity guidelines. While the procedures outlined in this chapter apply specifically to sworn personnel, the training section shall coordinate with the city personnel department, bureau commanders and division heads as it relates to all hiring and selection functions within the department. A. PROCEDURES: RECRUITMENT 1. Administrative Responsibility Recruitment-The recruitment responsibility shall lie with the training section of the department. A recruiting coordinator, appointed by the chief, shall be. responsible for the actual recruiting process. The recruiting coordinator shall answer to the supervisor of the training section. The recruiting coordinator shall act as liaison with the city personnel department where recruiting responsibilities are shared. 2. Recruitment Guidelines a. The training section shall initiate and maintain an active recruitment program to compete with other employers in attracting qualified personnel for actual or forecasted vacancies within the department. b. The recruiting coordinator and others assigned to the recruiting function shall be familiar with the areas of: (1) Equal Employment Opportunity/Affirmative Action guidelines. (2) agency salaries, benefits, and opportunities. (3) techniques of record keeping and candidate tracking. (4) applicable federal and state statutes. (5) different ethnic and cultural groups within the community. (6) recruitment programs of neighboring jurisdictions. (7) other factors that assure a fair and unbiased recruitment process. c. The department encourages all employees to become involved in the recruiting process by making the recruiting coordinator aware of well qualified candidates. Employees should also encourage qualified persons to apply for openings within the department. d. Whenever possible and practical, minority personnel shall be actively included in the recruitment process. RECRUITMENT/SELECTION 92 CSPD POLICY MANUAL-RECRUITMENT/SELECTION the department. d. Whenever possible and practical, minority personnel shall be actively included in the recruitment process. 3: Recruitment Process a. When positions occur within the department the city personnel department shall prepare and distribute appropriate job announcements. Job announcements shall: ( 1 ) be filed at least 10 days prior to any application filing deadline. (2) contain a precise and accurate description of the duties, responsibilities, requisite skills, educational level, and physical requirements for the positions to be filled. (3) be sent to local service organizations such as Lions Club, Rotary, Kiwinas, etc., with a request for referrals. (4) be advertised through the mass media within the budget constraints of the department. (5) have the application filing deadline indicated in bold print. b. When practical and within budget and manpower limitations, recruiters shall recruit on site at appropriate locations such as the TAMU campus, Blinn College Campus, Sam Houston State campus, high school career days, shopping malls, and community service organizations. 4. Affirmative Action/Equal Employment a. This department shall provide equal employment opportunities without regard to race, color, religion, sex, or national origin. This policy relates to all phases of employment, including but not limited to: advertising, recruiting, employment, placement, promotion, transfer, leave of absence, termination, rate of pay, selection for training purposes, use of facilities, vacation, and holidays. Equal Employment Opportunity also applies to those with physical disabilities. Physical disabilities are disregarded unless those disabilities prevent performing essential basic tasks of a job. b. All employment applications, recruitment materials, and recruitment advertisements shall advertise that this department is an Equal Opportunity Employer. c. At the beginning of each fiscal year the supervisor of the training section shall prepare a written report for the chief indicating the percentage of the following categories of sworn employees and civilian employees to total employees. (1 ) white RECRUITMENT/SELECTION 93 CSPD POLICY MANUAL-RECRUITMENT/SELECTION (2) black (3) hispanic/other (4) female 5. The Application Process a. No Positions Open - Prospective applicants who come to the department seeking information about job opportunities or seeking to apply for employment shall be referred to the city personnel department. There the applicant shall be given a list of the eligibility requirements and asked to complete a preapplication contact card giving his name, home and business address, home and business phone. The applicant shall be advised that when a opening becomes available he will be sent a notice to come to the personnel department and pick up an application packet. b. Positions Open (1 ) Prospective applicants coming to the PD or the city personnel department in response to advertised openings or as a result of having completed a preapplication contact card shall be given an application packet with appropriate instructions for its completion and return to the personnel department. The application shall have the application deadline boldly indicated on the front of the application or conspicuously indicated in the literature given to the applicant. Along with the application the applicant shall be provided with a packet containing at least; (a) a copy of the selection process flow chart, estimate of the expected duration of the selection process, and the application filing deadline. (b) written notice of the procedures for reapplication, retesting, and reevaluation of candidates who are disqualified during the selection process or not appointed to probationary status. (c) a copy of the questions to be used in the polygraph examination. (d) personal history information forms to be completed by the applicant. (2) Applicants shall be notified by the city personnel department within fifteen working days of the receipt of their application that the application has been received and the date, time, and place of the written examination. (3) The city personnel department shall send a copy of each application returned to the recruiting coordinator for record keeping purposes. (4) The recruiting coordinator shall maintain contact with each applicant at least every fifteen days during the recruiting and selection process to advise the applicant of the status of his application. Applicant contacts shall be documented and logged. (5) Applications shall not be rejected because of omissions or deficiencies that can be corrected prior to the testing or interview process. B. PROCEDURES: SELECTION 1 . Administrative Responsibility The responsibility of coordinating the selection process shall lie with the training RECRUITMENT/SELECTION 94 CSPD POLICY MANUAL-RECRUITMENT/SELECTION section of the department. A recruiting coordinator, appointed by the chief, shall be responsible for coordinating the actual selection process. The recruiting coordinator shall answer to the supervisor of the training section. The recruiting coordinator shall act as liaison with the city personnel department where selection responsibilities are shared. a. The city personnel department shall: ( 1 ) administer and score the police officer entry level selections tests as developed by the Texas Commission on Law Enforcement Officer Standards and Education. (2) document any written tests used in the selection process as having validity, utility, and a minimum adverse impact. (3) ensure validity of all selection process criteria in one or more of the following ways: (a) criterion related validation. (b) construct validation. (c) content validation. (4) maintain on file any records and data used to monitor adverse impact and validity of the selection process. (5) ensure that all elements of the selection process, whether administered internally or by a private-sector organization or vendor, meet the requirements of validity, utility, and minimum adverse impact. b. The training section shall: (1 ) coordinate the selection process, scheduling candidates for the various phases, other than the written test. (2) ensure that selection materials are locked and secured from unauthorized access when not in use. (3) ensure disposal of any unwanted selection materials in a manner that prevents disclosure of the information therein. Disposal shall be by burning or shredding. c. The personnel department and training section shall work together to: (1 ) ensure that all elements of the selection process be administered, scored, evaluated, and interpreted in a uniform manner. (a) Operational elements of the selection process, such as time limits, oral instructions, practice problems, answer sheets, and scoring formulas, shall be clearly set forth and carried out identically for all candidates. (b) All candidates, regardless of previous employment or experience, shall be subject to the same selection process. (2) minimize adverse impact in the selection process. Adverse impact should be measured by: (a) calculating the selection rate of each group by dividing the number of persons selected from the group by the number of candidates from that RECRUITMENT/SELECTION 95 CSPD POLICY MANUAL-RECRUITMENT/SELECTION group. A candidate is any person who has indicated an interest in being considered for employment by completing and returning a formal application. A person who voluntarily withdraws, either formally or informally, at any stage of the selection process is no longer a candidate for purposes of computing adverse impact. (b) observe which group has the highest selection rate. (c) divide the selection rate for each group by the rate for the highest group. (d) observe whether the selection rate for any group is less than 80 percent of the selection rate for the highest group. [ If (2)(d) above is true, adverse impact may be indicated unless a test of statistical significance indicates otherwise. The calculation should be based on a significantly large number of cases to be statistically significant. ] (3) ensure that personnel who are representative of the race, sex, and ethnic groups of the community be used to carry out the selection process whenever possible. (4) evaluate the selection process on an annual basis in terms of its effectiveness in selecting the best qualified candidates in a fair and equitable manner. All circumstances concerning the evaluation of validity, utility, and adverse impact should be considered along with a review of recent literature and case law on selection, equal employment opportunity, and related selection issues. A written report of the evaluation shall be prepared by the recruiting coordinator and sent to the chief through the chain of command. 2. The Selection Process The selection process consists of twelve (12) separate and distinct procedures. These are, in the order of their occurance; application, written test, physical fitness test, fingerprint check, personal history check, oral interview, background investigation, polygraph exam, psychological exam, medical exam, interview with the chief, and final selection. a. Although selection is based upon the successful completion of all of the above listed procedures, the nature of the selection process allows any single procedure other than the polygraph examination to result in the elimination of a candidate for further consideration. (1 ) Any candidate not eligible for employment on the basis of any single procedure shall be notified in writing, by the personnel department, of the specific reason within fifteen calendar days. (2) Candidates who fail any part of the selection process shall be notified in writing by the personnel department, that they will be eligible to reapply for employment no sooner than twelve months from the date of the rejected application. (a) Re-application shall not be permitted unless openings for the position exists or an eligibility list is being considered RECRUITMENT/SELECTION 96 CSPD POLICY MANUAL-RECRUITMENT/SELECTION (b) Candidates disqualified for reasons of prior felony convictions, non- correctable physical problems, or other non-correctable selection criteria need not reapply. (3) Records of candidates not eligible for employment shall be maintained by the city personnel department in accordance to federal, state, and local requirements. b. There will be candidates who successfully complete all selection procedures and not appointed to probationary status due to a limited number of openings. (1 ) Candidates who successfully complete all selection procedures shall remain eligible for employment for twelve months from the completion of the selection process. An updated background investigation shall be necessary on eligible candidates not employed within 90 days. After twelve months the selection process must be initiated again. (2) Eligible candidates not appointed to probationary status due to limited positions shall be notified of such in writing, by the personnel department, within fifteen days and advised that their eligibility is valid for twelve months. The candidate shall also be advised that their name will be maintained on a department eligibility list. (3) The city personnel department shall maintain the records of all candidates eligible for employment. c. The selection process is designed to allow the department to obtain qualified personnel to fill specific needs. The determination of the attributes and skills that a candidate' should possess and who will be selected for employment is the responsibility of the chief. 3. Eligibility Requirements All physical and age requirements for entry-level sworn positions shall meet the requirements of validity, utility, and minimum adverse impact. a. All persons employed as officers of this department shall: ( 1 ) be at least 21 years of age. (2) be proportionate in height and weight as determined by a licensed physician. (3) be free from deformities, mental or physical defects, or conditions of disease that would interfere with the performance of regular police duties. (4) have minimum vision of 20/100 in both eyes, correctable to 20/20 and not color blind. (5) be able to pass a medical/physical examination by a licensed physician pertaining to age, height, weight, sight, hearing, agility, and other conditions. (6) be a high school graduate or have obtained a GED equivalent. Two years of college credit is preferred. (7) not have been convicted of: (a) any felony offense. RECRUITMENT/SELECTION 97 CSPD POLICY MANUAL-RECRUITMENT/SELECTION (b) any "Class A" misdemeanor or its equivalent. (c) any "Class B" offense or its equivalent within the last twelve months. (d) any "Class C" offense, other than minor traffic violations, within the last six months. (e) any DWI offense within the past two years. (8) have a good driving record according to current Department of Public Safety files and policy standards of the City of College Station for insurance purposes. (9) be of good moral character. (1 0) not have been dismissed from public service employment or discharged from the military under dishonorable conditions or resigned to avoid such. (1 1 ) not be addicted to the use of alcohol or drugs. Applicants who have used any hard drugs are not acceptable unless the drug was prescribed by a licensed physician. Marijuana usage on an experimental basis only is acceptable. Experimental usage is considered to be the testing to determine the effect of marijuana. Once the effect has been determined, the use is no longer experimental. Candidates having experimented with marijuana within 90 days prior to the date of application are not acceptable. 4. Selection Procedures a. Application - see section A 5 for detail of the application process. b. Written Aptitude Test ( 1 ) The test administered shall be the police officer entry level selection test as developed by the Texas Commission on Law Enforcement Officer Standards and Education. (2) Candidates must achieve a score of no less than 70% on the written exam. (3) Candidates who fail to achieve a passing score shall be disqualified from further testing. These candidates may reapply in accordance with section B2a(2) of this chapter. (4) While taking the written test candidates shall be disqualified for looking at another's test, discussing questions or answers, or attempting to obtain answers in any other manner. c. Physical Fitness Test - The CSPD physical fitness course is designed to test the candidate's strength, endurance, coordination, and ease of movement by realistic obstacles and activities that may be encountered in the actual performance of regular police duties. ( 1 ) Blood Pressure Screen (a) EMT certified members of the College Station Fire Department will administer blood pressure checks on each candidate before and after sections one and two of the course. (b) A resting blood pressure of 140/90 or less is required to permit running of the course. RECRUITMENT/SELECTION 98 CSPD POLICY MANUAL-RECRUITMENT/SELECTION (2) The physical fitness course shall consist of the following: (a) Section One - Within a time limit of one minute and forty-five seconds the candidate shall, starting from a sitting position in a patrol car, exit the vehicle and run a course consisting of a serpentine, 30" barrier, 48" barrier, 72" barrier, and a 380 yard run. (b) Section Two - within a time limit of eleven seconds the candidate shall move a 150 pound object a distance of 50 feet. (c) Section Three - Candidates shall be required to hold a department issued shotgun to their shoulder with one arm, maintaining a firing position for 15 seconds. Candidates shall "dry fire" an empty department issued revolver six times, double action, while holding it fully extended in front of the body with one hand, transfer the weapon to the other hand and repeat the process, all within 15 seconds. d. Fingerprint Check - After completing the physical fitness test candidates will be scheduled to come to the department where they shall be fingerprinted and photographed. Fingerprints shall be checked through the FBI and Department of Public Safety. e. Personal History Check (1 ) A check of each candidate's personal history, based upon information supplied by the candidate in the application packet shall be conducted. (2) The personal history check may be grounds for disqualification of a candidate if it reveals appropriate facts and information. f. Oral Review Board ( 1 ) The Oral Interview (a) A set of uniform questions, a defined set of personal attributes, and a uniform rating scale shall be used. The rating scales shall be standardized to permit valid and useful distinctions among candidates and their expected job performance. (b) Results of the oral interview shall be recorded on standardized forms. (c) Once impaneled, the review board shall remain intact to complete the review of all candidates. (2) The Interview Panel (a) The interview panel shall consist of three sworn members appointed by the chief. One member shall be appointed to chair the panel for each group of candidates. (b) The officer conducting background investigations may participate in the interview but shall not score the candidate. g. Background Investigation ( 1 ) A thorough background investigation shall be performed on each candidate by the recruiting coordinator with assistance from the Criminal Investigation Division when appropriate. RECRUITMENT/SELECTION 99 CSPD POLICY MANUAL-RECRUITMENT/SELECTION (2) Only sworn personnel trained in collecting the required information shall be used to conduct background investigations. (3) The background investigation shall include: (a) verification of information supplied on the application. (b) verification of the candidate's qualifying credentials. (c) a review of the candidate's criminal history, if any, through TCIC/NCIC. (d) a review of the candidate's driving record, if any. (e) a check of the candidate's financial credit history. (f) verification of at least three personal references of the candidate. (g) contact with police agencies in cities and towns where the candidate has lived. (h) a review of the candidate's employment history. (i) a review of the candidate's medical history. (j) personal contact, whenever possible, with references, neighbors, family, school administrators, etc., of the candidate. (4) Investigators shall use whatever legal means that are at their disposal, including teletype, computers, agency records, phones, personal contacts, etc., to thoroughly verify and investigate information. (5) Investigators shall follow leads and information to further the scope of the investigation and are not limited by the information supplied on the application. (6) verification of all information shall be supported by written notations. (7) a record of each candidate's background investigation shall be maintained on file for at least five years. (a) files of candidate's placed on probationary status shall be maintained by the administrative assistant to the chief. (b) files of unsuccessful candidates shall be maintained by the city personnel department. h. Polygraph Examination (1 ) The polygraph examination shall be administered only by persons licensed by the Texas Board of Polygraph Examiners. (2) The direct results of the polygraph by itself shall not be used as a single determinant of employment. (3) An admission during pre-test, test, or post-test interviews, coupled with other information gathered in the selection process, may be sufficient to disqualify a candidate. i. Examination of Emotional Stability and Psychological Fitness (1 ) Only qualified professionals shall assess the emotional and psychological condition of a candidate. (2) A battery of tests, including the Minnesota Multiphasic Personality Inventory, shall be administered to each candidate. (3) A record of the results of the tests shall be maintained on file at the RECRUITMENT/SELECTION 100 CSPD POLICY MANUAL RECRUITMENT/SELECTION department or the city personnel department, depending on whether or not the candidate is appointed to probationary status. j. Medical/Physical Examination - A medical and physical examination shall be given to each candidate to check for general health, fitness, and conditioning. Results shall be evaluated according to the candidate's height, weight, and age and based on procedures that are valid, useful, and nondiscriminatory. ( 1 ) Only a licensed physician shall determine the general health and physical fitness of a candidate. (2) A drug screening examination to fairly determine the recent use of illegal drugs shall be administered. k. Interview with the Chief of Police - Candidates successfully completing all phases of the selection process shall be scheduled for an interview with the Chief of Police. I. Final Selection - The chief, based upon the results of the selection process and his personal interviews, shall make the final determination as to which candidates are appointed to probationary status. 5. Appointment to Probationary Status a. Duration of Probation - Candidates employed by the department shall remain on probation for a period of no less than eighteen months as follows: ( 1 ) For the period of time the employee is in training he will be on "Recruit Officer" status, (2) Once out of the FTO program and assigned to solo patrol the officer shall be on "Probationary Officer" status for the remainder of the probationary period. b. Extension of Probation - The eighteen month probationary period may be extended for: (1 ) need of remedial or continued training. (2) personal problems, provided counseling or other means of correction are actively being pursued and resolution is anticipated. (3) disciplinary problems that appear to be correctable. c. Expectations of Probationary Employees - Employees on probation must successfully: ( 1 ) attend and successfully complete the basic academy if basic certification from TCLEOSE is not already held. (2) successfully complete the department field training program. (3) function in a proficient and professional manner to the satisfaction of department management. RECRUITMENT/SELECTION 101 CSPD POLICY MANUAL-RECRUITMENT/SELECTION d. Probationary Evaluations - Employees on probationary status shall be evaluated as follows: ( 1 ) While in the field training program in accordance with the FTO Manual. (2) Once out of the field training program in accordance with the department's employee evaluation standards. (3) Probationary employees shall be allowed to contest their performance reports during the probationary period by following the procedures outlined in this manual in the chapter entitled Grievances. e. Appointment to Full Status - Employees successfully completing probation shall be appointed to full status. The appointment rate of candidates from probationary status to full status shall meet the requirements of minimum adverse impact. • RECRUITMENT/SELECTION 102 COLLEGE STATION POLICE DEPARTMENT SELECTION PROCESS FLOW CHART / / APPLICATION ) \.. DISQUALIFIED I WRITTEN EXAMINATION ) ( DISQUALIFIED PHYSICAL FITNESS EXAMINATION ) DISQUALIFIED FINGERPRINT CHECK 1 DISQUALIFIED J l 1 1 PERSONAL HISTORY/DRIVING RECORD DISQUALIFIED . J ORAL INTERVIEW DISQUALIFIED 1 BACKGROUND INVESTIGATION DISQUALIFIED J 1 POLYGRAPH EXAMINATION DISQUALIFIED J 1 1 PSYCHOLOGICAL EXAMINATION DISQUALIFIED J I MEDICAL EXAMINATION 1 DISQUALIFIED 1 1 /- INTERVIEW INTERVIEW WITH CHIEF OF POLICE DISQUALIFIED J / 1 i HELD FOR FUTURE CONSIDERATION SELECTED J COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: VEHICLE TOWING/IMPOUNDMENT DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 REVIEW DATE: October 1 , 1988 CHIEF OF POLICE: DATE: .-714‘64-1' SEP 2 5 1987 CSPD POLICY MANUAL-VEHICLE IMPOUND AND TOWING POLICY: It is the policy of this department to establish guidelines for the towing and impoundment of vehicles while adhering to applicable state and federal statutes. The following procedures shall be used by officers when for any reason it becomes necessary to assume custody and/or control over any motor vehicle. The following procedures do not apply to the towing of junked or abandoned vehicles. Towing of junked or abandoned vehicles is covered in a separate chapter of this manual. PROCEDURE 1. Authorization to Tow a Vehicle - Officers have the authority to have vehicles towed from public property and roadways by a bonded wrecker service to a facility for safe keeping under the following conditions: a. The vehicle has been left unattended and the presence of the vehicle constitutes an obstruction or is hazardous to the normal flow of traffic. b. The vehicle is disabled and the person responsible for or in charge of the vehicle is not available or is unable to provide for the appropriate removal. c. The vehicle is left unattended in a tow-away zone as specified by city ordinance. d. The vehicle is on public property and is blocking an entry or exit to a public or private driveway. e. A court impound order has been issued. f. The operator is taken into police custody and there is no other person to take control and custody of the vehicle. If the vehicle is on the private property of the operator when the arrest is made (for example a driveway),the vehicle shall not be towed. g. The vehicle has been involved in a criminal offense and is being impounded as evidence. h. Any community caretaking function that requires the department to take control of a vehicle. This encompasses situations where the owner or operator is not available or capable of providing proper custody, control, or security of the vehicle. The vehicle owner shall be responsible for any costs incurred as a result of towing and/or storage of their vehicle. The only exception to this would be an incident where the operator of a vehicle was arrested for DWI,the vehicle towed, the operator was not charged, and no traffic citation was issued. 2. Assisting Public in Having Vehicles Removed from Roadway - Officers are encouraged, as a public service,to assist stranded and disabled motorist in every way possible. VEHICLE IMPOUND/TOWING 103 CSPD POLICY MANUAL-VEHICLE IMPOUND AND TOWING a. When assisting the public, officers shall contact dispatch and give their location, the reason for the assist, and the LP of the vehicle. b. If a wrecker is needed, the operator of the vehicle shall be asked if they wish to use a particular wrecker service. Any company requested by the operator must have a permit to operate a wrecker service and tow vehicles within our city limits. c. If a specific wrecker service is not requested, the officer shall contact dispatch and request the next wrecker on rotation assignment. The officer shall not recommend a specific wrecker service or quote cost estimates. 3. Exceptions to Requesting a Particular Wrecker Service - Officers may request a specific wrecker service under the following circumstances: a. A fleet accident has occurred and a specific wrecker service has been designated to tow department vehicles or a city vehicle needs to be towed. b. When contract bids have been assigned to specific wrecker services for towing of vehicles that have impound orders placed on them by a court. c. When the officer feels that the particular situation can best be handled by a specific company due to physical location, nature of equipment needed or vehicle being towed, or urgency in preserving life or property in an emergency. 4. Vehicle Inventories a. When an officer is assisting a citizen by having dispatch contact a wrecker service and standing by until the wrecker arrives, that officer may conduct a visual inventory of the vehicle b. Vehicles towed or impounded under authority of this department shall have a complete vehicle inventory conducted by the officer having the vehicle towed. A completed inventory sheet shall be attached to the report. Officers shall keep in mind that an inventory is not a search and should not be used as such. If probable cause for a search exists, a search warrant should be obtained. (1) All areas of the vehicle that are accessible without having to be forced open shall be inventoried. (2) Locked areas of the vehicle shall not be inventoried unless the officer has a key that will allow entry to these areas. (3) When making an inventory of a locked vehicle or areas of a vehicle that are locked and not accessible the officer shall make a visual inventory, listing the items of value that are in plain sight. Locked areas not accessible to the officer shall be • noted on the inventory form. VEHICLE IMPOUND/TOWING 104 CSPD POLICY MANUAL-VEHICLE IMPOUND AND TOWING 5. General - Officers are expected to use good judgement and discretion as it relates to the towing of vehicles to prevent situations that could place the department in an unfavorable position or that could result in excessive expense to the operator of the vehicle. a. Vehicles that are owned and operated by state or federal government agencies and display a government license plate, shall not be towed unless they present an immediate threat to the safety of other motorists. These vehicles include military vehicles, US Mail vehicles, etc. Officers needing these vehicles removed shall contact the controlling agency and make arrangements for removal. Officers who feel that a situation exists that warrants the towing of one of these vehicles should consult with their immediate supervisor prior to having the vehicle towed. b. Very large vehicles that can be driven by the operator can be driven "in-tow" to the department or a place of secure storage until someone can take custody of the vehicle. This pertains to tractor/trailer rigs, large trucks, farm machinery, heavy equipment, etc. c. Physical control of a vehicle that is to be towed shall be released to the wrecker service, by the officer at the scene, at the time the wrecker stops and is in a position to hook onto the vehicle. d. If an officer has requested a rotation wrecker and the operator of the vehicle returns prior to the arrival of the wrecker, the officer shall cancel the request for the wrecker. That wrecker service shall be returned to the top of the rotation list by dispatch. (1) If the officer has already released custody of the vehicle to the wrecker service, the operator of the vehicle shall be responsible for any arrangements with the wrecker service concerning the release of the vehicle. Officers shall not become involved in these transactions. (2) In the event that a disagreement between the vehicle operator and the wrecker service cannot be resolved at the scene, the officer shall advise the wrecker service to tow the vehicle. The officer shall then advise the operator of the vehicle to pursue a settlement through the civil process. e. Vehicles being towed pursuant to a municipal court impound order shall not be released to the owner. The owner may obtain the vehicle from the wrecker service storage location upon clearing up their record with municipal court. Officers shall advise the wrecker operator of this situation. f. Officers requesting a wrecker to tow a vehicle will stand by until the wrecker arrives, protecting the vehicle with their patrol unit and activated emergency lights if necessary. The wrecker service shall be given 30 minutes to reach the location. (1) After 30 minutes a second rotation wrecker shall be called. Dispatch shall record in the log that the first wrecker failed to respond within the allotted time period. When making the call to the wrecker service dispatch shall verify that the service can respond within the 30 minute time period and request an estimated time of arrival at the scene. Dispatch shall then relay this estimated time of arrival to the officer VEHICLE IMPOUND/TOWING 105 CSPD POLICY MANUAL-VEHICLE IMPOUND AND TOWING requesting the wrecker. (2) After the second wrecker has been called, the officer shall not allow the first wrecker to tow the vehicle. The first wrecker called will go to the bottom of the rotation list of wreckers to be called. (3) Wrecker operators who arrive at the scene under the influence of alcohol or drugs shall not be allowed to tow a vehicle. (a) Officers may arrest such operators and have their wrecker towed by another company or contact the arrestee's company and have the wrecker picked up immediately. (b) Officers shall notify their immediate supervisor who shall forward a memorandum to the chief, through the chain of command, requesting that the involved wrecker service be removed from the rotation list and their permit be suspended or revoked. g. Officer's assisting a motorist shall not wait past the allotted time for the wrecker to arrive unless the vehicle in question constitutes a traffic hazard. h. Once the wrecker(s) have arrived and assumed custody of the vehicle, the officer shall notify dispatch that custody of the vehicle has been turned over to the wrecker service. When more than one wrecker is involved the officer shall notify dispatch which vehicle was towed by which wrecker by the LP of the towed vehicle. i. When a departmental tow is initiated and the owner or operator of the towed vehicle is not at the scene, dispatch shall, at the request of the officer, run a registration check and attempt to contact the registered owner of the vehicle to advise them that the vehicle has been towed and where it may be picked up. In the event a vehicle is not claimed within 48 hours, the records section shall send a certified notification letter to the registered owner advising the vehicle description, where the vehicle is stored, why it was impounded, and the proper procedures for obtaining the release of the vehicle. Vehicles which are not claimed will become the property of the towing company in accordance with state statutes. j. Registered owners or controlling persons may obtain possession of towed vehicles in all cases except those which occurred as a result of a municipal impound order or when a lawful hold order has been placed on the vehicle for investigative purposes. Any hold shall be indicated in the officer's report, indicating the authority and purpose of the hold. Owners must come to the department and sign a property release form, arrange for payment of any outstanding fines, and present a copy of the property release to the towing service in order to claim their vehicle. k. Vehicles impounded for investigative purposes shall be towed to the vehicle impound area at the department. The vehicle shall not be released without permission of the investigator assigned to the case or a court order. I. The supervisor of the Special Services Division is responsible for ensuring that wrecker VEHICLE IMPOUND/TOWING 106 CSPD POLICY MANUAL-VEHICLE IMPOUND AND TOWING services requesting to be on the department rotation list are permitted, inspected, and informed of department rules and regulations governing their operation. This supervisor shall be responsible for placing wrecker services on the rotation list. m. Dispatch shall be responsible for maintaining a logs of all vehicles towed within the city limits. This log shall indicate the: (1) date and time vehicle was towed. (2) name of wrecker service towing the vehicle. (3) make and LP of towed vehicle. (4) location the vehicle was towed from. (5) reason the vehicle was towed. n. An officer shall not drive the vehicle of another person, as it relates to this chapter, except in an emergency or life threatening situation. VEHICLE IMPOUND/TOWING 107 COLLEGE STATION POLICE DEPARTMENT POLICY MANUAL CHAPTER TITLE: EVIDENCE & PROPERTY CONTROL DATE OF ISSUE: September 28, 1987 EFFECTIVE DATE: October 1 , 1987 REVIEW DATE: October 1 , 1988 • CHIEF OF POLICE: DATE: G `moi" SCP 2 1987 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL The seizing and storage of items as evidence or found property is fundamental to police work. The following procedures are provided to create an efficient and effective system of control. It is the intent of these procedures to provide security for property under departmental custody and to maintain a proper chain of custody on items of evidence. These procedures also provide guidelines on when and how property or evidence is to be seized by an officer, proper methods of recording and storage, and the responsibilities of the property officer in managing the property and evidence rooms. POLICY: It is the policy of this department to maintain specific property and evidence rooms to facilitate the storage, control, and disposition of all items of evidence and property lawfully seized and taken into custody by this department. PROCEDURE: 1. Responsibility-The responsibility for the control and care of property held by the department and evidence taken into custody by the department shall lie with the Evidence/Property section of the Technical Services Division. a. The division commander of the Technical Services Division shall be responsible for the management activities pertaining to property and evidence. b. The property officer is accountable for the control of all property and evidence accepted by or stored in the department's property and/or evidence rooms. c. At least once each month the Technical Services Division commander shall conduct an inspection designed to ensure adherence to procedures used for the control of property and evidence. d. In the event a new property officer is appointed,the new property officer and the outgoing property officer shall jointly conduct an inventory of property to ensure that records are correct and properly documented. e. Once each year, an inventory audit of property shall be conducted by a supervisor not routinely or directly connected with control of property. f. Unannounced inspections of the property and evidence storage areas shall be conducted at least twice each year by the chief or his designee. g. Only persons authorized by the chief shall have access to the property and evidence storage rooms. Control shall be maintained through the issue of keys and access cards. 2. Classification of Property a. Evidence -All property identified as related to a crime or possible crime. EVIDENCE& PROPERTY CONTROL 108 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL b. Non-evidence (1) Found Property- Property for which no known owner is identified or for which the owner is known but was not present at the scene to claim the property. (2) Custodial Property - Property which may be placed in the custody of the department to preclude a potential offense, harmful effect to the owner, or personal loss. (3) Unclaimed Property - Property which has been abandoned and the owner cannot be satisfactorily determined or has failed to claim the property within sixty days of notification by the department. c. Department owned property 3. Reclassification of Property a. Non-evidence to Evidence - Property entered as non-evidence and later determined to be connected with a crime shall be re-entered as evidence by the investigator responsible for the case. b. Evidence to Non-Evidence - Property entered as evidence and later determined not to be evidence shall be re-entered as non-evidence by the investigator responsible for the case. 4. Items Not Stored Within the Property or Evidence Rooms - The following items shall be submitted to the evidence/property section for documentation but shall not be stored within the police building. On items of evidence it shall be the responsibility of the officer entering the item to ensure proper procedures to maintain chain of custody. a. Hazardous Materials/Explosives- Items in this category will require special handling. The city fire marshal's office shall be contacted immediately for assistance in the handling and storage of these items. b. Animals - Pets or other animals in the possession of a person at the time of arrest shall be released to the person's family, friend, etc. If this is not possible, the animal shall be taken into custody and taken to the Brazos Valley Animal Shelter by an animal control officer. c. Bicycles - Vehicles, bicycles, motorcycles, and other appropriate items shall be stored in the fenced security area behind the department building. 5. Property Entry Procedures a. Officer Responsibility (1) A properly completed evidence/property card (CSPD REP 87/23) shall be completed on each service number issued where property is taken into custody by EVIDENCE& PROPERTY CONTROL 109 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL this department. Each item shall be numbered on the card sequentially. In the event there are more items than can be indicated on one card, the officer shall mark "See attached Property Continuation Form" (CSPD REP 87/3) and use that form to list all items. There shall be no duplicate item numbers for any one case number. If the listed items were obtained pursuant to a search warrant, the words "search warrant", the warrant number, and the court issuing the warrant shall be listed in the "description of property" section on the first line(s) of the evidence/property card. (2) Items of evidence shall: (a) be marked in such a way that will not jeopardize or lessen their evidentiary value. (b) be marked in such a way that will minimize loss of value. (c) be sealed if at all possible and the seal marked in ink with: [1] the officer's name and ID number(printed). [2] date and time evidence was collected. [3] case number [4] offense [5] the officer's signature or initials. (3) No person shall store, retain, keep, or otherwise cause to be held in any file, desk, container, or other receptacle any property or evidence that has been submitted to or seized by this department. (4) Items needing refrigeration shall be maintained in a location that allows the chain of custody to be maintained. Refrigerators made available for employee use shall not be used. (5) All officers shall diligently strive to maintain proper chain of custody of all items of evidence by proper handling and marking of items. Officers shall cooperate with the property officer in the completion of all necessary forms and documents to provide a proper audit trail of items of evidence. b. General Considerations (1) Alcoholic Beverages (a) When an alcoholic beverage pertains to the offense being charged, the beverage will be logged as evidence. (1) On cases involving a minor in possession a sample of the beverage being consumed should be taken into evidence. If there are closed containers in addition, they should be confiscated and taken into evidence. (2) On cases involving DWI all sealed or sealable containers of alcoholic beverage in plain view should be confiscated and placed into evidence. Empty beverage containers should also be confiscated and placed into evidence. Empty containers should be checked to see if they are cold, wet, dry, still have the odor of alcohol, etc., and the results noted in the officer's report. When possible the interior of the vehicle should be photographed, showing the containers as they were found. (b) Legally possessed containers can be locked in a driver's vehicle and EVIDENCE& PROPERTY CONTROL 110 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL itemized in the vehicle impound inventory. (c) If minors are being charged for possession, all of the beverages shall be seized and logged as evidence. Coolers should not be seized unless they have evidentiary value. (d) Alcoholic beverages recovered from a theft or burglary shall be treated as evidence. (2) Narcotics and Dangerous Drugs (a) The storage of narcotics and drugs shall be strictly controlled. (b) The officer receiving the items shall count and weigh the drug. The items shall be placed in a bag and sealed with tamper proof evidence tape or seals. The count and weight shall be noted on the evidence seal. (c) The items shall be secured in a separate locked area within the evidence room. (d) Narcotic and drug containers within the evidence room shall be inspected routinely for tampering. (3) Contraband - Any item, which by its nature or circumstances is dangerous or unlawful to possess shall be classified as contraband. All items of contraband shall be treated as evidence and processed accordingly. (4) Personal Property of Deceased or Unconscious Persons - When no crime is suspected, such property shall be submitted to the evidence/property section only when there is not a member of the immediate family or other appropriate party to take possession. If there is a possibility of a crime and the item in question could possibly be evidence, that item may be seized and held as evidence until a determination is made. (5) Weapons (a) All weapons shall be rendered safe by unloading before being submitted to the property officer. (b) If the weapon is suspected of being involved in a crime the recovering officer may request laboratory processing. (6) Wet/Bloody Clothing - Wet, bloody clothing or any wet item being retained as evidence shall be air dried and placed in a paper bag before storage. (7) Receipt for Property (a) Property taken from arrested persons at the time of their incarceration shall be inventoried and indicated on a log. The arrestee should sign this log indicating its accuracy. If the arrestee refuses to sign, it shall be so noted on the log. (b) A receipt for property shall be given to any person from whom property is received, whether it is seized or turned in as found property. A standard receipt book, available from supplies, shall be used. The officer taking the property shall indicate an accurate description of the property, including identifying numbers. At the top of the receipt the case number shall be indicated in the space provided for account number. The white copy shall go to the person from whom the property is received. The yellow copy shall be attached to the report and the pink copy shall remain in the receipt book. EVIDENCE& PROPERTY CONTROL 111 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL c. Property Officer's Responsibility (1) The property officer shall ensure that all required forms have been properly completed. (2) When property is entered, the property officer shall inventory all items, verifying number, description, and serial numbers. If the inventory requires breaking an evidence seal, the property officer shall re-seal the container and mark"re-sealed" and sign his name, the date, and time. Any evidence bags containing items of value, such as money, jewelry, etc., shall be inventoried by the property officer in the presence of a second person to verify content. (3) At any time up to this point, the property officer may refuse acceptance by notifying the officer's immediate supervisor that wrong or incomplete information has been submitted. (4) The property officer shall maintain in ink, accurate and legible found property , evidence, and departmental property logs. (5) The property officer shall assign appropriate storage locations to property and enter the location on the log and the item tag.. (6) The property officer shall maintain a chain of custody record on all items of evidence through use of the Evidence Transfer Form (CSPD LOG 87/34) and the evidence room log. (a) Any officer who removes evidence from the evidence room shall sign the evidence log and evidence transfer form, indicating the purpose for taking the items. (b) If evidence is taken to a lab or other facility for processing, the person taking the evidence shall take the evidence transfer form and have the person who receives the evidence sign for it. The evidence transfer form shall be returned to the property officer immediately upon returning to the department. (c) If evidence is mailed to a lab or other facility the property officer shall indicate on the evidence room log the item numbers, date and time mailed, certified receipt number, etc. (d) Any items of evidence checked out by investigators shall be returned the same day unless it remains with the prosecutor or is taken to a facility for analysis, in which case the person receiving the property shall sign the property release form indicating receipt of the evidence. (e) Officers shall take all necessary precautions to ensure that a proper chain of custody is maintained on all items of evidence. d. Disposition and Retention of Property (1) General Provisions (a) For all property other than that defined in d(2), the courts will return a disposition report directing and authorizing release. (b) Found property may be released upon presentation of reasonable evidence of ownership. (c) When any property is returned to the owner, he shall sign a Property Release Authorization (CSPD REP 87/24). EVIDENCE& PROPERTY CONTROL 112 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL (2) Found Property (a) All found or abandoned property, , which is not contraband shall be retained for a period of time in accordance with city ordinance, chapter 1, section 15. (b) Disposition of all abandoned property shall be in accordance with the above mentioned city ordinance. (c) Destruction of handguns and illegal weapons shall be in accordance with the above mentioned city ordinance, as well as applicable state and federal statutes. (d) The disposition of all found property submitted to the evidence/property section shall be the responsibility of the property officer. (e) Any abandoned, tangible property or property in which the owner cannot be satisfactorily established shall be auctioned, converted to city use, or destroyed in accordance with city ordinance. (f) The property officer shall make a diligent effort to establish the name and location of the owner's of abandoned and recovered property. (g) Found firearms shall be released only to the lawful owner and only after presentation of satisfactory evidence of ownership or upon order by a district court. (h) Found street signs, traffic signs, etc., that are not evidence, shall be deposited at the city street department. No property forms need to be completed and no entry shall be made in the property log. The officer shall complete a short report. (3) Prisoner's Property Held for Safe Keeping (a) Any personal property that cannot be appropriately stored in the jail property lockers shall be maintained in the jail facility in either the jailor's area or in the jail kitchen refrigerator.. (b) Any personal property not released to the owner or his designee at the end of 60 days shall be disposed of in accordance with city ordinance. Owners shall have been notified by registered mail to claim the property. (4) Evidence (a) Search Warrants - Items seized by search warrants shall not be released unless ordered by the court having jurisdiction. (b) Except for evidence seized by search warrant, the prosecutor of the case may authorize return to the lawful owner. Stolen property held as evidence shall be photographed upon release by the investigating officer. (c) In criminal cases with proper disposition, evidence shall be retained for a period of 90 days from the date of final appeal, unless the concerned prosecutor or court has directed the property officer to retain the evidence for a specified period of time. (d) Property held as evidence which is identified by the department or courts as being eligible for disposal after the prescribed holding period shall be disposed of by: [1] returning to the owner. A property release form (CSPD REP 87/24) shall be completed and filed with the original case. [2] selling at public auction. The auction shall be conducted in accordance EVIDENCE& PROPERTY CONTROL 113 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL with established city policy and ordinances. (3) converting to city use. [4] destruction. [a] Alcoholic beverages shall be destroyed in accordance with Texas Alcoholic Beverage Commission guidelines. Alcoholic beverages shall be destroyed in the presence of a member of the TABC and a signed copy of the inventory filed with the original report or the beverage will be turned over to TABC and a receipt obtained and filed with the original report. [b] Firearms, weapons, and ammunition shall be destroyed in accordance with federal, state, and city statutes. See (f) below for disposal of narcotics. (e) Disposal of Narcotics [1] A list of all cases in which narcotics were seized as evidence shall be compiled along with the case disposition. A copy of the list shall be sent to the district attorney and city attorney offices for review to ensure that no further action is pending. [2] After review by the district and city attorneys has determined there is no legal reason to retain the narcotics, an inventory shall be completed by the property officer and the narcotics shall be destroyed by the property officer in the presence of two officers of supervisory status. The inventory sheet shall be marked "These items destroyed (date) (time) by: (manner of destruction)." All witnesses shall sign and date the inventory sheet and it shall be filed with the original case. (f) General - Final disposition of found, recovered, and evidentiary property shall occur no more than six months after legal requirements have been satisfied. Property for which ownership cannot be established, that is being held for public auction, is excluded from this requirement. (5) Department Owned Property (a) The requisitioning and procurement of all department property shall be through the administrative assistant. The administrative assistant shall process request for items costing in excess of $200.00 through the city purchasing department in accordance with established city policy. (b) When property that has been purchased by the department arrives, it shall be delivered to the property officer, who shall confirm the correctness of the order, record the property in inventory, and distribute to authorized users. (c) The commander of the Technical Services Division shall be accountable for the proper management of all department owned property, including expendable items, installed property, non-installed property, equipment, vehicles, munitions, and personal-wear items owned or assigned to the agency. (d) Stored items shall be maintained in the department property room or other appropriate area of the department. (e) The operational readiness of all department owned equipment, whether assigned or stored, shall be ensured by the property officer. It shall be the EVIDENCE&PROPERTY CONTROL 114 CSPD POLICY MANUAL-EVIDENCE&PROPERTY CONTROL responsibility of any person to whom department property is issued, to notify the property officer when a particular item of property is in need of maintenance or repair. The property officer shall conduct routine inspections of stored property to ensure the operational readiness. EVIDENCE& PROPERTY CONTROL 115 • COLLEGE STATION POLICE DEPARTMENT EVIDENCE/PROPERTY TAG CARD AD (Circle one) Offense No Date/Time Offense Felony Misdemeanor Offense Classification Date/Time Item(s) Recovered Location Recovered Item(s) Found By Recovering Officer Owner of Item(s) Address Arrestee Race/Sex DOB rrestee Race/Sex DOB ITEM(S) QUANTITY DESCRIPTION OF PROPERTY(COLOR,MAKE,MODEL,WHERE RECOVERED) SERIAL NO. Officer ID No Date/Time Placed in Evid/Storage CSPD REP 87/23 Police Department Offense/Incident Service No. City of College Station Property Form (Cont.) Property Codes: S-Stolen D-Damaged L-Lost F-Found R-Recovered Item Code Qty. Description (size,color,model,etc.) Serial No. Value NCIC Class* TCIC Code Totals: Recovered Property $ Damaged Property $ Stolen Property $ `fiicer Supv. Page of CSPD REP 87/3 COLLEGE STATION POLICE DEPARTMENT Service No. EVIDENCE TRANSFER FORM Offense ITEM NUMBER (S) WERE CHECKED OUT BY: DATE: TIME: FOR THE PURPOSE OF: SIGNATURE: . ITEM NUMBER (S) WERE RECEIVED BY: , (NAME) (TITLE) DATE: TIME: SIGNATURE: ITEM NUMBER (S) WERE CHECKED OUT BY: DATE: TIME: FOR THE PURPOSE OF: SIGNATURE: . ITEM NUMBER (S) WERE RECEIVED BY: , (NAME) (TITLE) DATE: TIME: SIGNATURE: ITEM NUMBER (S) WERE CHECKED OUT BY: DATE: TIME: FOR THE PURPOSE OF: SIGNATURE: . ITEM NUMBER (S) WERE RECEIVED BY: , (NAME) (TITLE) ATE: TIME: SIGNATURE: ITEM NUMBER (S) WERE CHECKED OUT BY: DATE: TIME: FOR THE PURPOSE OF: SIGNATURE: . ITEM NUMBER (S) WERE RECEIVED BY: , (NAME) (TITLE) DATE: TIME: SIGNATURE: FINAL DISPOSITION OF EVIDENCE COMMENTS: m o O >. c E a) .n Z 2 O c 'O T a`, U .0 L E N = c O = 0 0 Q ,IGNATURE: DATE: TITLE: CSPD LOG 87/34 COLLEGE STATION POLICE DEPARTMENT EVIDENCE/PROPERTY FLOW CHART ( INITIAL REPORT WITH EVIDENCE (-REPORT TURNED IN-N4 EVIDENCE TO SUPERVISOR CARD AND TAG I I OUTSIDE STORAGE PROPERTY LOCKER, AREA OR EVIDENCE SLOT EVIDENCE RETURN TO1.-- ROOM OWNER DESTROY RETURN TO MAIL TO OWNER LABORATORY MYCfTY AUCTION AUCTION PROSECUTING ATTORNEY UE USE CRY USE COURT PROSECUTING ATTORNEY I DESTROY COURT COURTS DISPOSITION 1 COURT DISPOSITION I COLLEGE STATION PQLICE DEPARTMENT POLICY MANUAL J DIRECTIVE MEMORANDA MEMORANDUM TO: All Personnel FROM: Edgar Feldman, Interim Chief DATE: May 28, 1987 SUBJECT: Directive Memorandum 87-1: Parking Citations Effective Date: 06/01/87 Effective Time: 6:00am Review Date: 06/01/88 Parking citations issued by officers of this Department shall be handled in the following manner: 1. The shift supervisor shall submit all parking citations to communications personnel at the end of each shift. 2. Communications personnel shall run a registration check on each parking citation received. The registration checks are to be run during slow work periods and in a manner not to tie up the TELETS system for long periods of time. 3. Communications personnel shall staple one copy of the registration return to the parking citation and place it into the ticket drop box to be routed to Municipal Court. 4. The second copy of the registration check shall be routed to the Special Services secretary for Departmental record keeping purposes. MEMORANDUM TO: Supervisory Personnel, Field Operations Division FROM: Major Edgar Feldman DATE: August 25, 1987 SUBJECT: Directive Memorandum 87-2: Securing Blood Samples Effective Date: 08/28/87 Effective Time: 5:00pm Review Date: 08/28/88 All supervisors are expected to cover this directive with their employees and ensure understanding. Humana Hospital has been approved through the county attorney's office and will cooperate with our agency in securing blood samples from D.W.I. suspects. Hospital personnel should be informed that the blood test is at our request and billing should be made to the county attorney's office, attention James Kuboviak. Analysis of the blood sample will be made by the Department of Public Safety. Samples shall be obtained in the tubes provided by DPS and forwarded appropriately, ensuring the chain of custody. Make sure you verify the steps taken in your report. Injury Fatality Accidents - Every effort should be made to ensure a blood sample is taken from defendants who are involved in serious injury or fatality accidents. Officers shall ask the defendant for a blood sample in these cases. If the defendant refuses, a court order from a judge should be obtained. If the two alternatives which are mentioned above fail, a subpoena will be issued for the hospital records, if blood was drawn by the hospital in the course of medical treatment, and a blood alcohol content determined. Forcibly Taking of Blood. Defendant Under Arrest- Blood shall be forcibly taken from a suspect only in the following instances: 1. In the case of involuntary manslaughter. 2. When an officer has reason to believe that a person will die as a result of injuries sustained in a motor vehicle accident and the driver of the vehicle causing the accident was intoxicated at the time. Persons Requesting Blood Tests - A person who refuses to take the intoxilyzer test will be listed as a refusal and will not be taken to the hospital for a blood test if he so requests. If a person has submitted to a breath test and also wants a blood test, every effort shall be made to transport the individual to Humana Hospital for the test. Hospital personnel shall be told that the police department shall not be responsible for the payment of the test. THROUGH: Michael Strope, Chief of Police MEMORANDUM TO: All Personnel, Field Operations Division FROM: Major Edgar Feldman DATE: August 27, 1987 SUBJECT: Directive Memorandum 87-3: Animal Bites Effective Date: 08/30/87 Effective Time: 5:00pm Review Date: 08/30/88 All supervisors are expected to cover this directive with their employees and ensure understanding. 1. Domesticated Animal Bies a. When a dog, cat, or other domesticated animal which has bitten a human has been identified, the owner shall be required to place the animal in quarantine for a ten day observation period. (1) The animal shall be taken to the Brazos Valley Animal Shelter for observation, or; (2) The owner of the animal may designate a licensed veterinarian to observe the animal in lieu of the animal shelter. (3) A detailed written report of the biting incident shall be made by the officer assigned to the call. If the animal is being observed by a veteterinarian the report will indicate the name and address of the veterinarian. (4) The director of the animal shelter shall be notified in writing of the release of the quarantine by the veterinarian observing the animal. (5) Records shall forward a copy of the report to the director of the animal shelter, regardless of where the animal is kept for observation. (6) An animal control officer shall be responsible for follow-up to verify that these procedures are being followed. b. Any exceptions to this directive shall be granted only by the director of the Brazos Valley Animal Shelter. 2. Wild Animal Bites - No wild animals shall be placed in a quarantine facility. All wild animals involved in biting incidents will be humanely killed in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. THROUGH: Michael Strope, Chief of Police MEMORANDUM TO: All Personnel, Field Operations Division FROM: Major Edgar Feldman DATE: August 28, 1987 SUBJECT: Directive Memorandum 87-4: Reflective Vests/Traffic Wands Effective Date: 08/28/87 Effective Time: Upon receipt Review Date: 08/28/87 Effective immediately all Field Operations Division personnel will be equipped with reflective vests and traffic wands. This equipment shall be used when lighting conditions and darkness reduce the visibility of the officer working in the street (traffic direction, accident investigation, etc.). THROUGH: Michael Strope, Chief of Police MEMORANDUM TO: All Personnel FROM: Michael Strope, Chief of Police DATE: September 10, 1987 SUBJECT: Directive Memorandum 87-5: Procedures When Alleged Sexual Assault Has Been Reported Effective Date: 09/10/87 Effective Time: Upon receipt Review Date: 09/10/88 The following procedures are intended to help reduce the psychological trauma endured by sexual assault victims. These procedures are effective immediately and will be incorporated into the department policy manual at a later date. 1. After a patrol unit has been dispatched to the scene, CID shall be notified immediately and a detective sent to the scene. 2. If able, dispatch shall advise the victim not to bathe, douche, urinate, change clothes, or disturb the crime scene. 3. The responding patrol officer shall advise the victim as in #2 above, obtain suspect information and broadcast if appropriate, and complete an offense report. Questions directly related to the sexual assault itself shall be left to the detective assigned to the scene. 4. The victim shall be encouraged to report to the emergency room of either Humana or St. Joseph hospital for an examination by a physician. If the victim will allow, she shall be transported to the hospital by the investigating detective. If possible, the victim and detective should be accompanied to the hospital by a female officer or friend if the investigating detective is a male. If the victim refuses to go to a hospital she shall be advised of the availability of a Rape Crisis Center advocate. If the victim wishes to speak with an advocate, the center shall be contacted and the advocate given a police escort to the scene. If the victim does not wish to speak with an advocate she shall be given the telephone number of the Rape Crisis Center. 5. At the direction of the investigating officer, dispatch shall contact the Brazos County Rape Crisis Center hotline at 776-7273 and advise the hotline advocate to send an escort advocate to the emergency room that the victim is being taken to. Dir. Memo 87-5 Page 1 of 2 If the victim has contacted the department too late for a rape kit to be performed, the victim shall be advised of the Rape Crisis Center's services and hotline number. The follow up investigator will then call the center to relay location, date, and time of the sexual assault and offender information is available and appropriate. 6. When the victim is stable, a formal statement from the victim shall be taken. If the victim requests,the statement shall be taken in the presence of the escort advocate or center staff. 7. The detective investigating the case shall inform center staff when an arrest or other action is taken so that the center's case file can be updated. The investigating detective shall keep the victim informed on the status of the case on a regular basis. 8. At the discretion of the investigating officer the same procedures shall be followed in cases involving alleged sexual abuse of a child, except when the Department of Human Services is involved in the case. If so, DHS will refer the case to the center's Friends of the Family program after the investigation has been conducted. If the department's investigation reveals that the offender is not a family member,the dispatcher may contact the Rape Crisis Center hotline to dispatch an escort advocate to the emergency room to be with family members during the child's medical exam or while a police report is being taken from the child. 9. When a child has been abused by a caretakers, sexual or otherwise, the officer shall immediately notify the Department of Human Services. The DHS can be contacted during normal business hours at 823-0921. After hours, contact the Bryan Medical Answering Service at 822-3434 and have them page the on call DHS case worker. 1 A caretaker refers to someone who is exercising a care-taking function over the child. Examples would be parents,guardians,teacher,scout leader, baby sitter, etc. Dir. Memo 87-5 Page 2 of 2 MEMORANDUM TO: Supervisory Personnel, Field Operations Division FROM: Major Edgar Feldman DATE: September 1, 1987 SUBJECT: Directive Memorandum 87-6: Inspection of Officers Effective Date: 09/01/87 Effective Time: Upon receipt Review Date: 09/01/88 All sworn supervisory personnel shall use the attached form (CSPD Adm 87/22) to conduct line inspections of officers to ascertain compliance with department policy regulating dress code and maintenance of weapons. A form shall be maintained on each sworn employee throughout the calendar year and forwarded to the commander of the field operations bureau during the first week of January. THROUGH: Michael Strope, Chief of Police MEMORANDUM TO: Watch Commanders, Field Operations Division CID Lieutenant FROM: Major Edgar Feldman DATE: September 3, 1987 SUBJECT: Directive Memorandum 87-7: Property Room Inventory Effective Date: 09/03/87 Effective Time: 5:00pm Review Date: 09/03/88 Equipment that is taken out of the property room shall be logged on an inventory sheet that will be located in the property room. THROUGH: Michael Strope, Chief of Police MEMORANDUM TO: All Personnel FROM: Michael Strope, Chief of Police DATE: September 15, 1987 SUBJECT: Directive Memorandum 87-8: Take Home Vehicles Effective Date: 10/01/87 Effective Time: 6:00 am Review Date: 10/01/88 The following persons and positions are authorized to take a city owned vehicle home. Major Feldman - Services Bureau Commander Capt. Kennedy- Operations Bureau Commander Lt. Newton -Technical Services Division Lt. Todd - Criminal Investigations Division Sgt. Johnson - Criminal Investigations Division Officer Wayne Thompson - K-9 officer Ronnie Horcica- Systems Analyst On-Call Detective - Criminal Investigations Division Special needs with prior approval from the chief of police. Take home vehicles are to be used to and from work and in the performance of official duties only. When these vehicles are taken home they are to be parked in a secure area, preferably in a locked garage. If a garage is not available, the vehicle should be locked and parked in a residential driveway or well lighted area. Personnel not on city business should not be transported within the vehicle. • cc: City Manager MEMORANDUM TO: All Personnel FROM: Michael Strope, Chief of Police DATE: September 15, 1987 SUBJECT: Directive Memorandum 87-9: Security Awareness Program Effective Date: 10/01/87 Effective Time: 6:00 am Review Date: 10/01/88 As of the above effective date and time a security awareness program for businesses shall be implemented by the department. This awareness program, by emphasizing cooperation between business owners and the police, is designed to increase physical security and reduce criminal activity. The program shall be implemented as follows: 1. Officers, while on patrol, shall be observant of business security deficiencies which might provide opportunity for criminal activity. Examples of such deficiencies would be unsecured doors, open windows, insufficient lighting, etc. 2. When the officer identifies a security risk that demands the immediate attention of the business owner, he shall contact dispatch and have them attempt to locate the business owner or manager and have them come to the scene. The officer may complete a Security Awareness form (attached) to be left with the owner or manager as a public service and reminder for future use. 3. When the officer identifies a security risk that does not demand immediate attention from the owner or manager, a Security Awareness form should be completed indicating the specific concern. The original should be placed in a conspicious place so that it will be noticed when the business opens the next day. The second copy should be sent to the crime prevention unit who will make a record and a follow-up phone call or visit to the business concerned. The purpose of phone call or personal visit by crime prevention personnel shall be to answer specific questions the owner or manager might have regarding the security awareness report. A personal visit would also allow a closer inspection of the business to determine other potential security risks. MEMORANDUM TO: All Personnel FROM: Michael Strope, Chief of Police DATE: September 15, 1987 SUBJECT: Directive Memorandum 87-10: Awards Review Committee Effective Date: 09/15/87 Effective Time: Upon receipt Review Date: 09/15/88 Effective immediately I am appointing the following Awards Review Committee within the department for a 24 month period. Lt. Wayne Onstott- Chairman Diann Williams- Secretary Sgt. Bruce Simms Sgt. Larry Johnson- alternate Det. Walt Stoebe Det. Wally Johnson -alternate Officer Dan Severen Officer John Calvin -alternate Dispatcher Linda Clark Dispatcher Vickie Mies, alternate The purpose of the committee is to review, evaluate, investigate, and make recommendations to the chief of police for specific action on awards and recognition for all members of the department. The committee will convene in a timely interval or as determined by the chief of police to review all pending cases. A written recommendation shall be made by the committee, based upon their review, to the chief of police with supporting justification. The committee shall review cases based upon the current criteria and awards policy. However, a revised program and policy shall be issued and in effect prior to January 1, 1988. After the awards committee's review and recommendations, the chief of police shall approve or disapprove any action for employee recognition. The case file with an explanation of the final decision shall be returned to the awards committee chairman for follow-up action, notification, and appropriate arrangements for the award issuance. MEMORANDUM TO: All Personnel FROM: Michael Strope,Chief of Police 1* DATE: September 17, 1987 SUBJECT: Directive Memorandum 87-11: Distribution of Subpoenas Effective Date: 09/17/87 -L Effective Time: Upon receipt Review Date: 09/17/88 Subpoenas sent to the department by the county or district attorney officers shall be received by the records section. Records shall then forward the subpoenas to the appropriate watch or division commanders to be served. After the subpoena-is served, the return shall be sent back to the records section. Subpoenas should be served and returned to records as soon as possible.