Loading...
HomeMy Public PortalAbout20200622plCC6701-32 DOCUMENTS IN THIS PACKET INCLUDE: LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL RESPONSES FROM STAFF TO LETTERS FROM CITIZENS ITEMS FROM MAYOR AND COUNCIL MEMBERS ITEMS FROM OTHER COMMITTEES AND AGENCIES ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES Prepared for: 06/22/2020 Document dates: 6/3/2020 – 6/10/2020 Set 6 of 12 Note: Documents for every category may not have been received for packet reproduction in a given week. Palo Alto Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Chaplains - 272 (f)Being alert to the needs of members and their families. 376.7.2 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a)Assisting members in the diffusion of a conflict or incident, when requested. (b)Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Watch Commander or supervisor aids in accomplishing the mission of the Department. (c)Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d)Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e)Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f)Participating in in-service training classes. (g)Willingness to train others to enhance the effectiveness of the Department. 376.7.3 ASSISTING THE COMMUNITY The duties of a chaplain related to the community include, but are not limited to: (a)Fostering familiarity with the role of law enforcement in the community. (b)Providing an additional link between the community, other chaplain coordinators and the Department. (c)Providing liaison with various civic, business and religious organizations. (d)Promptly facilitating requests for representatives or leaders of various denominations. (e)Assisting the community in any other function as needed or requested. (f)Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. 376.8 COMMAND STRUCTURE (a)Under the general direction of the Chief of Police or his/her designee, chaplains shall report to the Senior Chaplain and/or Watch Commander. (b)The Chief of Police shall make all appointments to the Chaplain Program and will designate a Senior Chaplain/Chaplain Commander. (c)The Senior Chaplain shall serve as the liaison between the Chaplain Unit and the Chief of Police. He/she will arrange for regular monthly meetings, act as chairman of all chaplain meetings, prepare monthly schedules, maintain records on all activities of Palo Alto Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Chaplains - 273 the Chaplain Unit, coordinate activities that may concern the members of the Chaplain Unit and arrange for training classes for chaplains. 376.9 OPERATIONAL GUIDELINES (a)The Chaplain shall be permitted to ride with officers during any shift and observe Palo Alto Police Department operations, provided the Watch Commander has been notified and approved of the activity. (b)The Chaplain shall not be evaluators of employees and shall not be required to report on an employee's performance or conduct. (c)In responding to incidents, the Chaplain shall never function as an officer. (d)When responding to in-progress calls for service, the Chaplains may be required to stand-by in a secure area until the situation has been deemed safe. (e)The Chaplain shall serve only within the jurisdiction of the Palo Alto Police Department unless otherwise authorized by the Chief of Police or his designee. (f)The Chaplain shall have access to current personnel rosters, addresses, telephone numbers, duty assignments and other information that may assist in their duties. Such Information will be considered confidential and each chaplain will exercise appropriate security measures to prevent distribution of the information. 376.9.1 UNIFORMS AND BADGES A distinct uniform, badge and necessary safety equipment will be provided for the Chaplains. This uniform may be similar to that worn by the personnel of this department. 376.10 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training may include stress management, death notifications, post-traumatic stress syndrome, burnout for officers and chaplains, legal liability and confidentiality, ethics, responding to crisis situations, the law enforcement family, substance abuse, suicide, officer injury or death, and sensitivity and diversity, as approved by the Personnel and Training Lieutenant. Policy 379 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child and Dependent Adult Safety - 278 Child and Dependent Adult Safety 379.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department (Penal Code § 833.2(a)). This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies. 379.2 POLICY It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The Palo Alto Police Department will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected, including call-out availability and follow-up responsibilities. 379.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken (Penal Code § 13517.7(b)(1)): (a)Inquire about and confirm the location of any children or dependent adults. (b)Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. (c)Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual. Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. Palo Alto Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child and Dependent Adult Safety - 279 379.3.1 AFTER AN ARREST Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults. Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: (a)Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. 1.Officers should consider allowing the person to use his/her cell phone to facilitate arrangements through access to contact phone numbers, and to lessen the likelihood of call screening by the recipients due to calls from unknown sources. (b)Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), officers should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 1.Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. (c)Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. (d)Notify Child Protective Services or the Division of Aging and Adult Services, if appropriate. (e)Notify the field supervisor or Watch Commander of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report. 379.3.2 DURING THE BOOKING PROCESS During the booking process the arrestee shall be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)). Palo Alto Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child and Dependent Adult Safety - 280 If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 379.3.3 SUPPORT AND COUNSELING REFERRAL If, in the judgment of the handling officers, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis telephone number, the appropriate referral information may be provided. 379.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling officer should contact the appropriate welfare service or other department-approved social service to determine whether protective custody is appropriate (Welfare and Institutions Code § 305). Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked patrol car or taken into formal protective custody. Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 379.5 TRAINING The Personnel and Training Lieutenant is responsible to ensure that all personnel of this department who may be involved in arrests affecting children or dependent adults receive approved POST-approved training on effective safety measures when a parent, guardian or caregiver is arrested (Penal Code § 13517.7). 379.6 POLICY ISSUE DATE Updated 12-8-16 Policy 381 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Service Animals - 281 Service Animals 381.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA). 381.1.1 DEFINITIONS Definitions related to this policy include: Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; Health and Safety Code § 113903). Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 381.2 POLICY It is the policy of the Palo Alto Police Department to provide services and access to persons with service animals in the same manner as those without service animals. Department members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 381.3 IDENTIFICATION AND USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals may be used in a number of ways to provide assistance, including: •Guiding people who are blind or have low vision. •Alerting people who are deaf or hard of hearing. •Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. •Pulling wheelchairs. •Providing physical support and assisting with stability and balance. •Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. •Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with Palo Alto Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Service Animals - 282 schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 381.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the Palo Alto Police Department affords to all members of the public (28 CFR 35.136). 381.4.1 INQUIRY If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)): •Is the animal required because of a disability? •What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal. 381.4.2 CONTACT Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 381.4.3 REMOVAL If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)). Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with a disability, with or without a service animal. 381.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service Palo Alto Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Service Animals - 283 animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302). Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ). Policy 385 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Off-Duty Law Enforcement Actions - 284 Off-Duty Law Enforcement Actions 385.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Palo Alto Police Department with respect to taking law enforcement action while off-duty. 385.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. In all cases where enforcement action is taken outside the jurisdiction of Palo Alto, officers are required to adhere to the current policies, procedures, rules and guidelines of the Policy Manual. 385.3 FIREARMS Officers of this department may carry firearms while off-duty in accordance with federal regulations and department policy. All firearms and ammunition must meet guidelines as described in the department Firearms Policy. When carrying firearms while off-duty officers shall also carry their department-issued badge and identification. Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs or medications or any combination thereof that would tend to adversely affect the officer’s senses or judgment. 385.4 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: Palo Alto Police Department Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Off-Duty Law Enforcement Actions - 285 (a)The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b)The inability to communicate with responding units. (c)The lack of equipment, such as handcuffs, OC or baton. (d)The lack of cover. (e)The potential for increased risk to bystanders if the off-duty officer were to intervene. (f)Unfamiliarity with the surroundings. (g)The potential for the off-duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 385.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty officer is on-scene and should be provided a description of the officer if possible. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Palo Alto Police Department officer until acknowledged. Official identification should also be displayed. 385.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter. 385.4.3 CIVILIAN RESPONSIBILITIES Civilian personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 385.4.4 OTHER CONSIDERATIONS When encountering a non-uniformed officer in public, uniformed officers should wait for acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover capability. 385.5 REPORTING Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Policy 390 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 286 Illness and Injury Prevention 390.1 PURPOSE AND SCOPE The health and safety of the employees of the Palo Alto Police Department is important to executive and management staff, and critical to the operation of this department and the delivery of services to the community. The purpose of this policy is to establish an ongoing and effective Injury and Illness Prevention Program (IIPP) for the Palo Alto Police Department, in accordance with the requirements of 8 CCR § 3203. This policy specifically applies to illnesses and injuries that result in lost time beyond the date of the incident or that require medical treatment beyond first aid. Though this policy provides the essential framework required for an IIPP, it may be supplemented by procedures outside the Policy Manual. The IIPP guidelines are to be followed and adopted by all personnel. Supervisory and management personnel are charged with ensuring that these guidelines and directives are implemented. 390.2 RESPONSIBILITY The City Safety Officer, acting as the Department's IIPP administrator, has the authority and responsibility for implementing the provisions of this policy and the IIPP. Supervisors are responsible for implementing and maintaining the IIPP in their work areas and for answering questions from employees about the IIPP. 390.3 COMPLIANCE The City Safety Officer is responsible for ensuring that all safety and health policies and procedures are clearly communicated and understood by all employees. The Administrative Services Supervisor should take reasonable steps to ensure that all workers comply with safety rules and maintain a safe work environment, including, but not limited to: (a)Informing workers of the provisions of the IIPP. (b)Recognizing employees who perform safe work practices. (c)Ensuring that the employee evaluation process includes the employee's safety performance. (d)Ensuring the Department's compliance with mandates regarding: 1.Bloodborne pathogens (8 CCR § 5193). 2.Airborne transmissible diseases (8 CCR § 5199). 3.Heat illness (8 CCR § 3395). 4.Respiratory protection (8 CCR § 5144). Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 287 Supervisors are responsible for training, counseling, instructing or making informal verbal admonishments anytime safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Conduct Policy. All employees should use safe work practices, follow all directives and policies and assist in maintaining a safe work environment. 390.4 COMMUNICATION Supervisors shall establish and maintain communication with employees on health and safety issues. This is essential for an injury-free, productive workplace. (a)The City Safety Officer will ensure that a system of communication is in place which facilitates a continuous flow of safety and health information between supervisors and employees. This system shall include: 1.New worker orientation, including a discussion of safety and health policies and procedures. 2.Regular employee review of the IIPP. 3.Workplace safety and health training programs. 4.Regularly scheduled safety meetings. 5.Posted or distributed safety information. 6.A system for workers to anonymously inform management about workplace hazards. 7.Establishment of a labor/management safety and health committee, which will: (a)Meet regularly. (b)Prepare a written record of the safety and health committee meeting. (c)Review the results of periodic scheduled inspections. (d)Review investigations of accidents and exposures. (e)Make suggestions to management for the prevention of future incidents. (f)Review investigations of alleged hazardous conditions. (g)Submit recommendations to assist in the evaluation of employee safety suggestions. (h)Assess the effectiveness of the Department's efforts to meet the following mandates: 1.Bloodborne pathogens (8 CCR § 5193) 2.Airborne transmissible diseases (8 CCR § 5199) Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 288 3.Heat illness prevention (8 CCR § 3395). 390.5 HAZARD ASSESSMENT Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards utilizing the applicable sections of the Hazard Assessment Checklist to ensure a thorough inspection. These checklists can be found at on the California Department of Industrial Relations website. 390.5.1 ADMINISTRATIVE SERVICES SUPERVISOR INSPECTION DUTIES The City Safety Officer shall ensure an Identified Hazard and Correction Record (located on the California Department of Industrial Relations website) is completed for each inspection. 390.5.2 PATROL OFFICERS INSPECTION DUTIES Officers are charged with daily vehicle inspection of an assigned vehicle and of personal protective equipment prior to working in the field. Officers shall complete an Identified Hazard and Correction Form if an unsafe condition cannot be immediately corrected. Officers should forward this report to their supervisor. 390.5.3 SUPERVISOR ASSESSMENT DUTIES Supervisors should inform the City Safety Officer when the following occurs: •New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. •New, previously unidentified hazards are recognized. •Occupational injuries and illnesses occur. •New and/or permanent or intermittent workers are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. •Whenever workplace conditions warrant an inspection. The City Safety Officer will take appropriate action to ensure the IIPP addresses potential hazards upon such notification. 390.6 ACCIDENT/EXPOSURE INVESTIGATIONS Employees must report all injuries that are a result of a workplace accident and any hazardous substance exposure to a supervisor. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: •A visit to the accident scene as soon as possible. •An interview of the injured worker and witnesses. •An examination of the workplace for factors associated with the accident/exposure. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 289 •Determination of the cause of the accident/exposure. •Corrective action to prevent the accident/exposure from reoccurring. •A record of the findings and corrective actions taken, using the Investigation/Corrective Action Report (http://www.dir.ca.gov/DOSH/etools/09-031/InvestigationReport.pdf). 390.7 HAZARD CORRECTION All employees should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Employees should make their reports to a supervisor (as a general rule, their own supervisor). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner based on the severity of the hazards. Hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering employees or property, supervisors should protect or remove all exposed workers from the area or item, except those necessary to correct the existing condition. Employees who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on an Identified Hazard and Correction Form. This should be forwarded to the Administrative Services Supervisor via the chain of command. 390.8 TRAINING AND INSTRUCTION The City Safety Officer shall work with the Personnel and Training Lieutenant to ensure that all workers, including supervisors, are trained on general and job-specific, workplace safety and health practices. Training shall be provided as follows: •To all new employees for those tasks that were not sufficiently covered by previous training from an academy or another training provider. •To all workers given new job assignments for which training has not previously been provided. •Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. •Whenever the department is made aware of a new or previously unrecognized hazard. •To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed. •To all workers with respect to hazards that are specific to each employee's job assignment. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 290 •An explanation of the department's IIPP, emergency action plan and fire prevention plan; measures for reporting any unsafe conditions, work practices and injuries; and informing a supervisor when additional instruction is needed. •The use of appropriate clothing, including gloves, footwear and personal protective equipment. •Information about chemical hazards to which employees could be exposed. •The availability of toilet, hand-washing and drinking-water facilities. •Provisions for medical services and first aid, including emergency procedures. •Steps to prevent heat illness (8 CCR § 3395). 390.9 RECORDKEEPING The City Safety Officer will do the following to implement and maintain IIPP records: (a)Make available the Identified Hazards and Correction Record Form to document inspections, any unsafe condition or work practice, and actions taken to correct unsafe conditions and work practices. (b)Make available the Investigation/Corrective Action Report (http://www.dir.ca.gov/ DOSH/etools/09-031/InvestigationReport.pdf) to document individual incidents or accidents. (c)Develop a Worker Training and Instruction Form to document the safety and health training of each employee. This form will include the employee's name or other identifier, training dates, type of training, and training providers. (d)Retain inspection records and training documentation for a minimum of one year. 390.10 TRAINING SUBJECTS The City Safety Officer should work with the Personnel and Training Lieutenant to ensure training is provided on the following topics: •Driver safety •Safe procedures for handling, cleaning and/or storing weapons •Good housekeeping and fire prevention •Back exercises/stretches and proper lifting techniques •Lock-out/tag-out procedures •Hazardous materials •Building searches •Slips and falls Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 291 •Ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods •Personal protective equipment •Respiratory equipment •Hazardous chemical exposures •Hazard communication •Physical hazards, such as heat/cold stress, noise, and ionizing and non-ionizing radiation •Bloodborne pathogens and other biological hazards •Other job-specific hazards Policy 391 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Native American Graves Protection and Repatriation - 292 Native American Graves Protection and Repatriation 391.1 PURPOSE AND SCOPE This policy is intended ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 391.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Funerary objects and associated funerary objects - Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains, or that were made exclusively for burial purposes or to contain human remains. Native American human remains - The physical remains of the body of a person of Native American ancestry. Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural importance that is central to the Native American group or culture itself and therefore cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group. Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. 391.2 POLICY It is the policy of the Palo Alto Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption or complicated custody transfer processes. 391.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.4). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Palo Alto Police Department Policy Manual Native American Graves Protection and Repatriation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Native American Graves Protection and Repatriation - 293 Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.4): •Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture •State land/Private land - [Medical Examiner/JOP], when appropriate (Health and Safety Code § 7050.5) •Tribal land - Responsible Indian tribal official 391.4 EVIDENCE AND PROPERTY If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.6). 391.5 POLICY UPDATES New Policy: 5-4-17 Policy 392 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Gun Violence Restraining Orders - 294 Gun Violence Restraining Orders 392.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders. 392.1.1 DEFINITIONS Definitions related to this policy include: Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving, or otherwise having custody of any firearms or ammunition, including an ammunition magazine (Penal Code § 18100). 392.2 POLICY It is the policy of the Palo Alto Police Department to petition and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the department pursuant to such orders. 392.3 GUN VIOLENCE RESTRAINING ORDERS An officer who reasonably believes a person is a present danger to him/herself or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from his/her supervisor to petition the court for a gun violence restraining order. Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types, and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175). If it is not practical under the circumstances to submit a written petition, an officer may orally request an order, and then prepare and sign a declaration under penalty of perjury that recites the oral statements provided to the judicial officer and memorialize the order of the court on the appropriate Judicial Council form (Penal Code § 18140). 392.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS An officer serving any gun violence restraining order shall: (a)Verbally ask the subject of the order if he/she has any firearm, ammunition, or magazine in his/her possession or under his/her custody or control (Penal Code § 18160). (b)Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). Palo Alto Police Department Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Gun Violence Restraining Orders - 295 (c)Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (d)Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160). (e)Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115). (f)As soon as practicable, but by the end of his/her shift, submit proof of service to the Records Manager for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 392.4.1 SERVICE OF ORAL GUN VIOLENCE RESTRAINING ORDERS If a gun violence restraining order is obtained orally, the officer shall (Penal Code § 18140): (a)Serve the order on the restrained person in the manner outlined above, if the restrained person can reasonably be located. (b)File a copy of the order with the court as soon as practicable after issuance. (c)Ensure the order is provided to the Technical Services Division for entry into the computer database system for protective and restraining orders maintained by the Department of Justice. 392.5 SEARCH WARRANTS If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5): (a)The officer serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search. (b)If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met: 1.The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access. Palo Alto Police Department Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Gun Violence Restraining Orders - 296 2.There is no evidence that the owner unlawfully possesses the firearm or ammunition. (c)If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the officer shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Any search of the safe must be done in the owner’s presence. 392.6 RECORDS MANAGER RESPONSIBILITIES The Records Manager is responsible for ensuring: (a)Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115). (b)Oral orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c)Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the [Department/Office] are properly maintained (Penal Code § 18120). 392.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall: (a)Record the individual’s name, address and telephone number. (b)Record the serial number of the firearm. (c)Prepare an incident report and property report. (d)Provide a property receipt to the individual who surrendered the firearms and ammunition. (e)Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy. 392.8 RELEASE OF FIREARMS AND AMMUNITION Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with Penal Code § 18120 and the Property and Evidence Policy. 392.9 POLICY UPDATES Policy added: 5-3-17 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Patrol Operations - 297 Chapter 4 - Patrol Operations Policy 400 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Patrol Function - 298 Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.2 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the [Department/Office] should be shared among all divisions and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information during the daily [briefing]s and to attend [briefing]s of other divisions or specialized units. Additionally, information should be shared with outside agencies and the public in conformance with [department/office] policies and applicable laws. Members are encouraged to share information with other units and divisions. 400.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Generally, officers should consider seeking compliance through advisements and warnings for minor violations and should reserve greater enforcement options for more serious violations or when voluntary compliance with the law is not achieved. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, such as Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 400.4 POLICY The Palo Alto Police Department provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and [department/office] members. Palo Alto Police Department Policy Manual Patrol Function Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Patrol Function - 299 400.5 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Palo Alto. The function of patrol is to respond to calls for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local laws, identify community needs, provide support and assistance to the community and respond to emergencies. Patrol services include, but are not limited to: (a)Responding to emergency calls for service. (b)Apprehending criminal offenders. (c)Providing mutual aid and assistance to other agencies for emergency and law enforcement-related activities. (d)Preventing criminal acts, traffic violations and collisions, maintaining public order and discovering hazardous situations or conditions. (e)Responding to reports of criminal and non-criminal acts. (f)Responding to routine calls for service, such as public assistance or public safety. (g)Carrying out crime prevention activities such as residential inspections, business inspections and community presentations. (h)Carrying out community oriented policing and problem-solving activities including the application of resources to improve or resolve specific problems or situations and contacting or assisting members of the public in a positive way. (i)Directing and controlling traffic. Policy 402 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Racial- or Bias-Based Profiling - 300 Racial- or Bias-Based Profiling 402.1 PURPOSE AND SCOPE This policy provides guidance to department members and establishes appropriate controls to ensure that members of the Palo Alto Police Department do not engage in racial- or bias-based profiling or violate any related laws while serving the community. 402.1.1 DEFINITIONS Definitions related to this policy include: Racial- or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service. This includes gender identity or expression (Penal Code § 13519.4). 402.2 POLICY The Palo Alto Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. 402.3 RACIAL- OR BIAS-BASED PROFILING PROHIBITED Racial- or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). 402.4 MEMBER RESPONSIBILITY Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial- or bias-based profiling to a supervisor. The practice of racial/bias based profiling is illegal and will not be tolerated by this Department (Penal Code § 13519.4(f)). It is the responsibility of every member of this department to prevent, report, and respond appropriately to clear discriminatory or biased practices. Investigative detentions, traffic stops, arrests, searches and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support their actions. Race or ethnicity cannot be the sole basis for establishing reasonable suspicion or probable cause. Officers may take into account the reported Palo Alto Police Department Policy Manual Racial- or Bias-Based Profiling Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Racial- or Bias-Based Profiling - 301 physical description including race or ethnicity of a specific suspect or suspects based on credible, relevant information that links that person or persons to possible criminal activity. Race or ethnicity shall not be motivating factors in making law enforcement decisions, including decisions about the disposition of people or their property. Each officers shall do the following when conducting pedestrian, bicycle and vehicle stops: (a)Be courteous and professional (b)Greet the person and state the reason for the stop as soon as practical (c)On vehicle stops, the officer shall provide this information before asking the driver for his or her license and registration, unless doing so would compromise officer or public safety (d)Ensure that the detention is no longer than necessary to take appropriate action for the known or suspected offense, and the person understands the purpose of reasonable delays (e)Answer any questions the person may have including explaining options for traffic citation disposition, if relevant. (f)If the reasonable suspicion for the stop is dispelled or it was determined that the stop was made in error, the officer will explain why the error occurred and appropriately apologize (g)When requested, officers will provide their name and ID number either verbally or in writing. 402.4.1 REASON FOR DETENTION Officers detaining a person shall be prepared to articulate sufficient reasonable suspicion to justify a detention, independent of the individual’s membership in a protected class. To the extent that written documentation would otherwise be completed (e.g., arrest report, Field Interview (FI) card), the involved officer should include those facts giving rise to the officer’s reasonable suspicion or probable cause for the detention, as applicable. Nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.5 SUPERVISOR RESPONSIBILITY Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. (a)Supervisors shall ensure that all Agents and Officers assigned to their teams are familiar with the content of this policy and are in compliance with it. Palo Alto Police Department Policy Manual Racial- or Bias-Based Profiling Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Racial- or Bias-Based Profiling - 302 (b)Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors should ensure that no retaliatory action is taken against any member of this department who discloses information concerning racial- or bias-based profiling. 402.6 TRAINING Training on racial- or bias-based profiling and review of this policy should be conducted as directed by the Personnel and Training Unit. (a)All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of racial- or bias- based profiling. (b)Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c)Each sworn member of this department who received initial racial- or bias-based profiling training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 402.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Internal Affairs Unit Manager and the Records Manager or the authorized designee shall ensure that all data required by the Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and reported annually to DOJ (Penal Code § 13012; Penal Code § 13020). 402.8 POLICY ISSUE DATE Updated: 12-8-16 Policy 404 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Briefing Training - 303 Briefing Training 404.1 PURPOSE AND SCOPE Briefing training is generally conducted at the beginning of the officer’s assigned shift. Briefing provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct Briefing; however officers may conduct Briefing for training purposes with supervisor approval. Briefing should accomplish, at a minimum, the following basic tasks: (a)Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations (b)Notifying officers of changes in schedules and assignments (c)Notifying officers of new Interim Directives or changes in Interim Directives (d)Reviewing recent incidents for training purposes (e)Providing training on a variety of subjects 404.2 PREPARATION OF MATERIALS The supervisor conducting Briefing is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his or her absence or for training purposes. Policy 406 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Crime And Disaster Scene Integrity - 304 Crime And Disaster Scene Integrity 406.1 PURPOSE AND SCOPE The protection and integrity of a crime scene is of the utmost importance for the successful apprehension of criminals and successful prosecution. The integrity of a disaster scene is equally as critical for the protection of life and property and investigation by proper authorities. 406.2 CRIME SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for taking reasonable efforts to preserve the scene. Officers shall also consider officer safety and public safety, including reasonable efforts to render medical aid to any obviously injured parties. Once an officer has assumed or been assigned to maintain the integrity of the crime/disaster scene, the officer shall continue to do so until he/she is relieved by a supervisor. 406.2.1 FIRST RESPONDER CONSIDERATIONS The following list generally describes the functions which the first responder should reasonably attempt to take at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation, the availability of resources, capacity of personnel and totality of each circumstance: (a)Ensure no suspects are still in the area. (b)Broadcast emergency information, including all requests for additional assistance. (c)Provide first aid to injured parties if it can be done safely. (d)Evacuate the location as required. (e)Secure the inner and outer perimeter if needed. (f)Protect items of apparent evidentiary value. (g)Identify potential witnesses. (h)Start a chronological log noting critical times and personnel allowed access. 406.2.2 EXECUTION OF HEALTH ORDERS Any sworn member of this department is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155). 406.3 SEARCHES AT CRIME OR DISASTER SCENES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims and determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until proper authority for the search is obtained. Palo Alto Police Department Policy Manual Crime And Disaster Scene Integrity Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Crime And Disaster Scene Integrity - 305 406.3.1 CONSENT Officers should seek consent to search from authorized individuals where possible. However, in the case of serious crimes or major investigations, it may be prudent to obtain a search warrant. Consent may be sought even in cases where a search warrant has been granted. Policy 407 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Community Service Officers Assigned to Patrol - 306 Community Service Officers Assigned to Patrol 407.1 PURPOSE The Police Department is committed to enhancing the quality of life in Palo Alto by providing excellent service to the community. Community Service Officers assigned to patrol provide enhanced service to the community by responding to non-emergency calls for service, freeing police officers to focus on proactive policing and emergency responses. Community Service Officers assigned to patrol serve as ambassadors for the Police Department by increasing the department’s ability to respond to community needs. 407.2 DUTIES (a)Assist officers with field duties, community presentations, and neighborhood outreach events. (b)Investigate crime reports which are low risk in nature and are not in progress. (c)Investigate non-injury traffic collisions and write collision reports. (d)Identify, preserve, collect, photograph and analyze evidence associated with low risk criminal incidents. (e)Report problems or calls for assistance as appropriate. (f)Enforce municipal and vehicle code violations as appropriate. (g)Conduct traffic control when necessary. (h)Assist with crowd control & traffic management during non-violent incidents. (i)Serve witness subpoenas to cooperative parties. (j)Testify in court as necessary. (k)Transport victims, witnesses, juveniles and injured people as needed. (l)Transport Police Department vehicles as necessary. (m)Facilitate equipment maintenance as directed. (n)Assist with parking control & enforcement. (o)Assist with marking and tagging abandoned vehicles. (p)Participate in mandated and authorized training as required. (q)Perform citation sign-offs. (r)Assist with the “Adopt-a-School” program through high visibility directed patrol. (s)Perform other duties as assigned. 407.3 RESPONSIBILITIES (a)Burglary Auto (and attempts) Palo Alto Police Department Policy Manual Community Service Officers Assigned to Patrol Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Community Service Officers Assigned to Patrol - 307 (b)Burglary Residential (storage locker) (c)Burglary Residential (bike from garage) (d)Casualty / Fall (Injury on City Property) (e)Casualty / Miscellaneous (f)Lost/Found Property (g)Public Incident / Miscellaneous (trees falling on property/cars) (h)Sick & Cared for / Miscellaneous (i)Vandalism / Misdemeanor (j)Theft Grand / Auto Accessories (k)Theft Grand / From Auto (l)Theft Petty / Auto Accessories (m)Theft Petty / From Auto 407.4 ENFORCEMENT Community Service Officers assigned to patrol are civilian employees and are not sworn police officers: (a)Community Service Officers shall not engage in traffic stops, emergency driving, make physical arrests or transport prisoners. (b)Community Service Officers shall notify dispatch of any criminal activity they come upon and request the aid of a police officer. 407.5 VEHICLES (a)Vehicles assigned to and utilized by the Community Service Officers assigned to patrol will be constructed, configured, maintained, equipped, and used in accordance with the department’s policies and procedures. (b)CSO vehicles are not designated as “Authorized Emergency Vehicles” and shall not be equipped with a siren or lighted red lamps (21055 CVC). (c)CSO vehicles shall not be equipped or used for the transportation of prisoners. (d)Each CSO assigned to patrol is responsible for inspecting the condition of their assigned vehicle prior to beginning their shift. Vehicle damage will be reported and documented in the vehicle log binder. (e)CSO vehicles may be utilized as necessary to block off streets, provide transportation during emergencies, transporting stranded motorists, witnesses, or victims as directed by a Patrol Division supervisor. (f)CSO vehicles shall be clearly marked with “Palo Alto Police Community Service Officer” decals and other markings designated to increase the safety of the CSO and citizens. Palo Alto Police Department Policy Manual Community Service Officers Assigned to Patrol Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Community Service Officers Assigned to Patrol - 308 407.6 SUPERVISION Community Service Officers serving in the Patrol and Parking capacity will report to the Special Operations Supervisor, who will have overall control of the structural operation of the division. The Special Operations Supervisor will be responsible for performance issues, administrative reports, establishing employee expectations, and completing employee evaluations. Community Service Officers assigned to patrol will receive day-to-day direction from the on-duty Watch Commander and/or Field Supervisor. Community Service Officers are expected to work cooperation with all department members and abide by the department’s chain of command. Community Service Officers should follow the directions of sworn personnel in the field when those directions are given to maintain order or protect life or property. Policy 410 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Ride-Along Policy - 321 Ride-Along Policy 410.1 PURPOSE AND SCOPE The Ride-Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program. 410.1.1 ELIGIBILITY The Palo Alto Police Department Ride-Along Program may be offered to residents, students and those employed within the City. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. The following factors may be considered in disqualifying an applicant and are not limited to: •Being under 15 years of age •Prior criminal history •Pending criminal action •Pending lawsuit against the Department •Denial by any supervisor 410.1.2 AVAILABILITY The Ride-Along Program is available on most days of the week, with certain exceptions. The ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as approved by the Chief of Police, Division Captain, or Watch Commander. 410.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Personnel and Training. The participant will complete a ride-along waiver form. Information requested will include a valid ID or California driver’s license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride-Along Form. The Personnel and Training will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective Watch Commander as soon as possible for his/her scheduling considerations. If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial. 410.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Cadets, Explorers, RSVP, Chaplains, Reserves, police applicants, and all others with approval of the Watch Commander. Palo Alto Police Department Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Ride-Along Policy - 322 An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle at a given time. Ride-along requirements for policeExplorers are covered in Policy 1048. 410.2.2 SUITABLE ATTIRE Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander or field supervisor may refuse a ride along to anyone not properly dressed. 410.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Watch Commander. In the event that such a ride-along is permitted, the off-duty employee shall not be considered on- duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All Ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Department of Justice Automated Criminal History System check through CLETS prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the Palo Alto Police Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 410.3 OFFICER'S RESPONSIBILITY The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time. The Personnel and Training is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the yellow form shall be returned to the Personnel and Training with any comments which may be offered by the officer. 410.4 CONTROL OF RIDE-ALONG The assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a)The ride-along will follow the directions of the officer Palo Alto Police Department Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Ride-Along Policy - 323 (b)The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment (c)The ride-along may terminate the ride at any time and the officer may return the observer to their home or to the station if the ride-along interferes with the performance of the officer’s duties (d)Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety (e)Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen (f)Under no circumstance shall a civilian ride along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person 410.5 POLICY ISSUE DATE Updated: 12-8-16 Policy 412 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hazardous Material Response - 324 Hazardous Material Response 412.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. To comply with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this department. 412.1.1 HAZARDOUS MATERIAL DEFINED A hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 412.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a)Attempt to identify the type of hazardous substance. (Identification can be determined by placard, driver's manifest or statements from the person transporting). (b)Notify the Fire Department. (c)Provide first-aid for injured parties if it can be done safely and without contamination. (d)Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. (e)Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). (f)Notify the Department of Toxic Substances Control. This is mandatory when an officer comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety § 25354.5). 412.3 REPORTING EXPOSURE(S) Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain of command to the Commanding Officer. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Palo Alto Police Department Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hazardous Material Response - 325 Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report or incident report. Anthrax Exposure: Santa Clara County Protocols Section 19 - Anthrax Exposure Protocol shall be utilized as a guideline when personnel respond to suspected anthrax exposure incident. All personnel are required to read and follow Santa Clara County Protocols Section 19 - Anthrax Exposure Protocol. 412.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by the Department will be obtained through the Fire Department. Policy 418 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mental Illness Commitments - 336 Mental Illness Commitments 418.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 418.2 POLICY It is the policy of the Palo Alto Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process. 418.3 AUTHORITY An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50). When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05): (a)An individual who is providing or has provided mental health treatment or related support services to the person (b)A family member (c)The person subject to the determination or anyone designated by the person 418.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should: (a)Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment. (b)If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. (c)Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 418.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit: Palo Alto Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mental Illness Commitments - 337 (a)Available information that might assist in determining the cause and nature of the person’s action or stated intentions. (b)Community or neighborhood mediation services. (c)Conflict resolution and de-escalation techniques. (d)Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. If the individual reasonably appears to the officers to be in need of medical care, officers should ensure that it is obtained as soon as it is safe to do so. Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues. 418.4.1 SECURING OF PROPERTY When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150). The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150). 418.5 TRANSPORTATION Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Watch Commander approval is required before transport commences. 418.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for a 5150 commitment and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility Palo Alto Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mental Illness Commitments - 338 restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. 418.7 DOCUMENTATION The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion in the case report. The application shall include the circumstances for officer involvement; the probable cause to believe the person is, as a result of a mental health disorder, a danger to others or him/herself or gravely disabled; and all information used for the determination of probable cause (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 418.7.1 <STRONG>ADVISEMENT</STRONG> The officer taking a person into custody for evaluation shall advise the person of: (a)The officer’s name and agency. (b)The fact that the person is not under criminal arrest but is being taken for examination by mental health professionals and the mental health staff will advise him/her of their rights. (c)The name of the facility to which the person is being taken. (d)If the person is being taken into custody at his/her residence, he/she should also be advised that he/she may take a few personal items, which the officer must approve, and may make a telephone call or leave a note indicating where he/she is being taken. The officer should also ask if the person needs assistance turning off any appliance or water. The advisement shall be given in a language the person understands. If the person cannot understand an oral advisement, the information shall be provided in writing (Welfare and Institutions Code § 5150). 418.8 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning or a Notice to Appear as appropriate. When an individual who may qualify for a 5150 commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a)Arrest the individual when there is probable cause to do so. (b)Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the 5150 commitment. Palo Alto Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mental Illness Commitments - 339 (c)Facilitate the individual’s transfer to jail. (d)Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a 5150 commitment. In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this [department/office] to regain custody of the individual, [department/office] resources (e.g., posting a guard) and other relevant factors in making this decision. 418.9 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for a 5150 commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in Welfare and Institutions Code § 8100. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A search warrant may also be needed before searching for or seizing weapons The handling officers shall issue a receipt describing the deadly weapon or any firearm seized, and list any serial number or other identification that is on the firearm. Officers shall advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy). 418.9.1 <STRONG>PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS</ STRONG> Whenever the handling officer has cause to believe that the future return of any confiscated weapon might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Investigative Services, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions Code § 8102(c), to determine whether the weapon will be returned. The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon has been confiscated, unless the [Department/Office] makes an ex parte application to the court to extend the time to file such a petition, up to a maximum of 60 days. At the time any such petition is initiated, the [Department/Office] shall send written notice to the individual informing him/her of the right to a hearing on the issue, that he/she has 30 days to confirm with the court clerk any desire for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon. Palo Alto Police Department Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mental Illness Commitments - 340 418.10 TRAINING This [department/office] will endeavor to provide Peace Officer Standards and Training (POST)- approved advanced officer training on interaction with persons with mental disabilities, 5150 commitments and crisis intervention. 418.11 POLICY ISSUE DATE Updated: 12-8-16 Updated: 10-11-18 Updated: 08-15-19 Policy 420 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Cite and Release Policy - 341 Cite and Release Policy 420.1 PURPOSE AND SCOPE This policy provides guidance on when to release adults who are arrested for a criminal misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail. 420.2 POLICY It is the policy of the Palo Alto Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6). If there is a reason for non-release, the [Department/Office]’s mission to protect the community will be the primary consideration when determining whether to release any individual in lieu of holding for court or bail. 420.3 RELEASE BY CITATION Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private persons arrest, shall be released from custody on a citation (Penal Code § 853.6). The citing officer shall, at the time the defendant signs the notice to appear, call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 420.3.1 FIELD CITATIONS In most cases an adult arrested for a misdemeanor offense may be released in the field on a citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately required provided the individual can be satisfactorily identified, there is no outstanding arrest warrant for the individual and none of the below described disqualifying circumstances are present (Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the booking required box on the citation form to indicate that the person will be photographed and fingerprinted at a later time when ordered by the court. When a booking photo or fingerprints are needed for the furtherance of any investigation, the person should be released on citation after booking instead of on a field citation. 420.4 NON-RELEASE 420.4.1 NON FIELD RELEASE A subject arrested on a misdemeanor warrant with bailof $15000.00 or greater will not be released in the field, but will be booked into county jail. Palo Alto Police Department Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Cite and Release Policy - 342 420.4.2 DISQUALIFYING OFFENSES An adult arrested on any of the following disqualifying charges shall not be released on citation and shall be transported to the appropriate detention facility or held for court or bail after booking (Penal Code § 1270.1): (a)Misdemeanor domestic battery (Penal Code § 243(e)(1)) (b)Felony domestic battery (Penal Code § 273.5) (c)Serious or violent felonies (Penal Code § 1270.1(a)(1)) (d)Felony intimidation of witnesses and victims (Penal Code § 136.1) (e)Rape of a spouse (Penal Code § 262) (f)Violation of a protective order and the arrested person has made threats, used violence, or has gone to the protected person’s workplace or residence (Penal Code § 273.6) (g)Stalking (Penal Code § 646.9) (h)Misdemeanor violations of a protective order relating to domestic violence if there is a reasonable likelihood the offense will continue or the safety of the individuals or property would be endangered (Penal Code § 853.6) 420.4.3 REASONS FOR NON-RELEASE A person arrested for a misdemeanor shall be released on a citation unless there is a reason for non-release. The Watch Commander may authorize a release on citation regardless of whether a reason for non-release exists when it is determined to be in the best interest of the [Department/ Office] and does not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person to a responsible adult). Reasons for non-release include (Penal Code § 853.6(i)): (a)The person arrested is so intoxicated that he/she could be a danger to him/herself or to others. Release may occur as soon as this condition no longer exists. (b)The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety 1.The Palo Alto Police Department shall not release an arrestee from custody for the purpose of allowing that person to seek medical care at a hospital, and then immediately re-arrest the same individual upon discharge from the hospital, unless the hospital determines this action will enable it to bill and collect from a third-party payment source (Penal Code § 4011.10). (c)The person is arrested for one or more of the offenses listed in Vehicle Code § 40302, Vehicle Code § 40303, and Vehicle Code § 40305. (d)The person has been cited, arrested, or convicted for theft from a store or vehicle in the previous six months, or there is probable cause to believe the person is guilty of committing organized retail theft, as defined in Penal Code § 490.4(a). Palo Alto Police Department Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Cite and Release Policy - 343 (e)There are one or more outstanding arrest warrants for the person or failures to appear in court on previous misdemeanor citations that have not been resolved (see Misdemeanor Warrants elsewhere in this policy). (f)The person could not provide satisfactory evidence of personal identification. 1.If a person released on citation does not have satisfactory identification in his/her possession, a right thumbprint or fingerprint should be obtained on the citation form. (g)The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested. (h)There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested. (i)The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (j)There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. An arrest warrant or failure to appear that is currently pending shall constitute reason to believe that the person will not appear. Other reasons may include: (a)Previous failure to appear is on record (b)The person lacks ties to the area, such as a residence, job, or family (c)Unusual circumstances lead the officer responsible for the release of prisoners to conclude that the suspect should be held for further investigation When a person is arrested on a misdemeanor offense and is not released by criminal citation, the reason for non-release shall be noted on the booking form. This form shall be submitted to the Watch Commander for approval and included with the case file in the Technical Services Division. 420.4.4 COUNTY SPECIFIC GUIDELINES FOR NON-RELEASE 420.5 MISDEMEANOR WARRANTS An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander approval, unless any of the following conditions exist: (a)The misdemeanor cited in the warrant involves violence. (b)The misdemeanor cited in the warrant involves a firearm. (c)The misdemeanor cited in the warrant involves resisting arrest. (d)The misdemeanor cited in the warrant involves giving false information to a peace officer. Palo Alto Police Department Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Cite and Release Policy - 344 (e)The person arrested is a danger to him/herself or others due to intoxication or being under the influence of drugs or narcotics. (f)The person requires medical examination or medical care or was otherwise unable to care for his/her own safety. (g)The person has other ineligible charges pending against him/her. (h)There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person. (i)The person refuses to sign the notice to appear. (j)The person cannot provide satisfactory evidence of personal identification. (k)The warrant of arrest indicates that the person is not eligible to be released on a notice to appear. Release under this section shall be done in accordance with the provisions of this policy. 420.5.1 COMMUNITY ALTERNATIVES TO INCARCERATION Santa Clara County Protocols, Section 11 - Juvenile Detention Reform Law Enforcment Policy For The Incarceration of Juveniles shall be utilized as a guideline regarding the disposition of youthful offenders. See Policy 324 - Juvenile Procedures for further details. 420.5.2 COUNTY SPECIFIC GUIDELINES 420.6 REQUESTING CASE NUMBERS Most cases involving a criminal citation release will will require a case number. Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. Most Penal Code violations will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if he/she feels the situation should be documented more thoroughly in a case report. 420.7 POLICY ISSUE DATE Updated: 12-8-16 Policy 422 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Foreign Diplomatic and Consular Representatives - 345 Foreign Diplomatic and Consular Representatives 422.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Palo Alto Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 422.2 POLICY The Palo Alto Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 422.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a)Notify a supervisor. (b)Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c)Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d)Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e)Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. Palo Alto Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Foreign Diplomatic and Consular Representatives - 346 422.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a)Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b)All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c)An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1.Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d)The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1.Diplomatic-level staff of missions to international organizations and recognized family members 2.Diplomatic agents and recognized family members 3.Members of administrative and technical staff of a diplomatic mission and recognized family members 4.Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: 1.International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2.Support staff of missions to international organizations 3.Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4.Honorary consular officers 5.Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process. Palo Alto Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Foreign Diplomatic and Consular Representatives - 347 422.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. 422.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed as Witness Prosecuted Recognized Family Members Diplomatic Agent No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech Staff No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Service Staff Yes (note (a)) Yes Yes Yes No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Career Consul Officer Yes if for a felony and pursuant to a warrant (note (a)) Yes (note (d)) Yes No for official acts Testimony may not be compelled in any case No for official acts. Yes otherwise (note (a)) No immunity or inviolability Honorable Consul Officer Yes Yes Yes No for official acts Yes otherwise. No for official acts Yes otherwise No immunity or inviolability Consulate Employees Yes (note (a)) Yes Yes No for official acts Yes otherwise. No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Int’l Org Staff (note (b)) Yes (note (c)) Yes (note (c)) Yes Yes (note (c)) No for official acts. Yes otherwise (note (c)) No immunity or inviolability Palo Alto Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Foreign Diplomatic and Consular Representatives - 348 Diplomatic- Level Staff of Missions to Int’l Org No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Support Staff of Missions to Int’l Orgs Yes Yes Yes Yes No for official acts Yes otherwise No immunity or inviolability Notes for diplomatic immunity table: (a)This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements. (b)Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts. (c)A small number of senior officers are entitled to be treated identically to diplomatic agents. (d)Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry. Policy 426 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reporting Police Activity Outside of Jurisdiction - 353 Reporting Police Activity Outside of Jurisdiction 426.1 PURPOSE AND SCOPE This policy provides general guidelines for reporting police activity while on or off-duty and occurring outside the jurisdiction of the Palo Alto Police Department. 426.1.1 ASSISTANCE TO AGENCIES OUTSIDE THE CITY When an officer is on-duty and is requested by an allied agency to participate in law enforcement activity in another jurisdiction, he/she shall obtain prior approval from the immediate supervisor or the Watch Commander. If the request is of an emergency nature, the officer shall notify the Communications Center before responding and thereafter notify a supervisor as soon as practical. 426.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CITY Any on-duty officer, who engages in law enforcement activities of any type outside the immediate jurisdiction of the Palo Alto shall notify his or her supervisor or the Watch Commander at the earliest possible opportunity. Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction shall notify the Watch Commander as soon as practical. The supervisor shall determine if a case report or other documentation of the officer's activity is required. The report or other documentation shall be forwarded to the officer's Division Captain. Policy 428 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Immigration Violations - 354 Immigration Violations 428.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Palo Alto Police Department relating to immigration and interacting with federal immigration officials. 428.2 POLICY It is the policy of the Palo Alto Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this [department/office] in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 428.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, ethnicity or national origin in any way that would violate the United States or California constitutions. 428.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6). 428.5 DETENTIONS An officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6). 428.5.1 INTENTIONALLY LEFT BLANK. 428.6 FEDERAL REQUESTS FOR ASSISTANCE Requests by federal immigration officials for assistance from this [department/office] should be immediately directed to the on-duty Watch Commander, who in turn shall immediately report via the chain of command to the Chief of Police, or in his absence, his designee.The Watch Commander is responsible for determining whether the requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.).The Chief of Police shall brief the City Manager, or his designee, as soon as possible.The Palo Alto Police Department will not participate in the investigation or enforcement of immigration law. Palo Alto Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Immigration Violations - 355 If an immigration agency operating in the City of Palo Alto calls for immediate officer safety assistance in a life-threatening situation, the on-duty Watch Commander will coordinate the appropriate number of resources to respond in order to keep the peace and preserve lives.Additionally, if a criminal investigation results from that agency's actions (such as the discharge of a firearm), the Palo Alto Police Department will have primary investigative responsibility, per the Santa Clara County Officer-Involved Incident Investigation Protocol, pertaining to the criminal investigation,until relieved by a higher authority. 428.7 IMMIGRATION WARRANTS During the course of any routine investigation, if an officer learns that an individual has an outstanding criminal felony immigration warrant, personnel may take that individual into custody pursuant to the warrant and book them into jail. Personnel shall not detain or arrest an individual for an outstanding civil immigration hold. 428.8 TIME FRAMES FOR COMPLETION OF REQUIRED FORMS Officers and their supervisors who are assigned to investigate a case of human trafficking as defined by Penal Code § 236.1 shall complete the appropriate documents needed for a T visa application within 15 business days of the first encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5). Officers and their supervisors shall complete the appropriate documents needed for a U visa or T visa application pursuant to Penal Code § 679.10 and Penal Code § 679.11 within 90 days of a request from the victim or victim’s family related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within 14 days of the request. 428.9 REPORTING TO LEGISLATURE The Investigative Services supervisor or the authorized designee should ensure that U Visa and T Visa certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code §9795 (Penal Code § 679.10; Penal Code § 679.11). 428.10 POLICY ISSUE DATE Updated: 12-8-16 Updated: 3-2-17 Updated: 9/25/17 Updated: 4/5/18 Policy 430 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Emergency Utility Service - 356 Emergency Utility Service 430.1 PURPOSE AND SCOPE The City Public Works Department has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this department should be handled in the following manner. 430.1.1 BROKEN WATER LINES The City's responsibility ends at the water meter; any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility.Public Works can only turn off the valve at the meter. The citizen can normally accomplish this. If a break occurs on the City side of the meter, emergency personnel should be called as soon as practical by the Communications Center. 430.1.2 ELECTRICAL LINES City Public Works maintains electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. Public Works should be promptly notified, as appropriate. 430.1.3 RESERVOIRS, PUMPS, WELLS, ETC. Public Works maintains the reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. 430.1.4 EMERGENCY NUMBERS A current list of emergency personnel who are to be called for municipal utility emergencies is maintained by the Communications Center. 430.2 TRAFFIC SIGNAL MAINTENANCE Public Works furnishes maintenance for all traffic signals within the City, other than those maintained by the State of California. 430.2.1 OFFICER'S RESPONSIBILITY Upon observing a damaged or malfunctioning signal, the officer will advise the the Communications Center of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency. Policy 434 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Aircraft Accidents - 362 Aircraft Accidents 434.1 PURPOSE AND SCOPE The purpose of this policy is to provide [department/office] members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response policies. 434.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use. 434.2 POLICY It is the policy of the Palo Alto Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 434.3 ARRIVAL AT SCENE Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a)Protect persons and property. (b)Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c)Preserve ground scars and marks made by the aircraft. (d)Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e)Maintain a record of persons who enter the accident site. (f)Consider implementation of an Incident Command System (ICS). 434.4 AIRBORNE AIRCRAFT IN-FLIGHT EMERGENCY 434.4.1 PURPOSE AND SCOPE It is the policy of this Department to make every reasonable effort to assist a wireless 911 caller reporting an in-flight emergency on an aircraft, and to notify the appropriate authorities of the circumstances. The need to act quickly is obvious; if there is a hijacking in progress, the federal and state authorities will need to take immediate action to mitigate or eliminate the threat posed by the in-flight emergency. Palo Alto Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Aircraft Accidents - 363 Three things need to happen: (a)Identify the flight and direction of the aircraft; (b)Determine the nature of the emergency; (c)Notify the appropriate authorities 434.4.2 PROCEDURE If the City of Palo Alto Communications Center receives a call from a passenger or crewmember onboard an airborne aircraft, reporting a hijacking or other violent potential terrorist event, the call taker needs to secure as much information as possible. Simultaneously, federal authorities must be notified, so a second dispatcher needs to immediately notify NORAD, (phone number is in CAD phone files). The dispatcher should announce themselves as a 911 dispatcher. A separate notification should be made to the Transportation Security Administrative Services (TSA) at 703-563-3240. The call taker should attempt to determine the following information: (a)The caller's name, seat number, cellular telephone number and if possible the home telephone number. (b)The flight information, including the name of the airline (United, Delta, etc.), the flight number, the departure City and the destination City. (c)The intent of the persons who have taken control of the aircraft or have interfered with the flight crew and if the suspects taken control of the cockpit? (d)If the aircraft is being used as a bomb/missile, does the caller know the possible target? (e)Stay on the phone with the caller as long as possible, use normal caller interrogation technique questions to keep them calm and to determine the number of suspects, descriptions, weapons, etc. Convey all known information to NORAD. (f)Continue with secondary questioning by having the caller be very specific with what has happened or is happening, including the number of persons involved; any indication of weapons (hand held or bombs); are there any individual hostages; has there been any violence? (g)Inform the caller that federal authorities have been notified. The dispatcher who has contacted NORAD should ask if they would like to conference into the call with the person on the aircraft. If you are going to conference the caller, let them know who they will be talking to at NORAD and why. (h)If the call is disconnected, make all efforts to re-contact them by telephone. (i)Keep NORAD, FAA and CALWAS informed of the current situation. Another circumstance that would lead to using the NORAD number is the report of a suspicious airborne object. A suspicious airborne object would NOT include noise complaints about aircraft. Palo Alto Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Aircraft Accidents - 364 Below is an outline of the information NORAD would need for both circumstances: Airborne Object Name and Phone # of RP Location of RP Direction the object is flying Altitude of the object Speed of the object Other descriptors Aircraft Passenger Call Name and Phone # of RP Airline the RP is on Destination Airport Departure Airport Time departed Flight Number 434.5 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. 434.6 NOTIFICATIONS When an aircraft accident is reported to this [department/office], the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military. Supervisors shall ensure other notifications are made once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following: (a)Fire department (b)Appropriate airport tower (c)Emergency medical services (EMS) Palo Alto Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Aircraft Accidents - 365 434.7 CONTROLLING ACCESS AND SCENE AUTHORITY Prior to NTSB arrival, scene access should be limited to authorized personnel from the: (a)FAA. (b)Fire department, EMS or other assisting law enforcement agencies. (c)[Medical Examiner/JOP]. (d)Air Carrier/Operators investigative teams with NTSB approval. (e)Appropriate branch of the military, when applicable. (f)Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists). The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility. After the NTSB or military representative arrives on-scene, the efforts of this [department/office] will shift to a support role for those agencies. If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene [department/office] supervisor should ensure the accident is still appropriately investigated and documented. 434.8 DOCUMENTATION All aircraft accidents occurring within the City of Palo Alto shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of PAPD members deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 434.8.1 WRECKAGE When reasonably safe, members should: (a)Obtain the aircraft registration number (N number) and note the type of aircraft. (b)Attempt to ascertain the number of casualties. (c)Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft. 1.Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795). (d)Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage. Palo Alto Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Aircraft Accidents - 366 (e)Acquire copies of any recordings from security cameras that may have captured the incident. 434.8.2 WITNESSES Members tasked with contacting witnesses should obtain: (a)The location of the witness at the time of his/her observation relative to the accident site. (b)A detailed description of what was observed or heard. (c)Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender. (d)The names of all persons reporting the accident, even if not yet interviewed. (e)Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 434.9 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to: (a)Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance. (b)Pressure vessels, compressed gas bottles, accumulators and tires. (c)Fluids, batteries, flares and igniters. (d)Evacuation chutes, ballistic parachute systems and composite materials. 434.10 MEDIA RELATIONS The Press Information Officer ([PIO]) should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should be coordinated with the NTSB or other authority who may have assumed responsibility for the investigation. Depending on the type of aircraft, the airline or the military may be responsible for family notifications and the release of victims’ names. The [PIO] should coordinate with other involved entities before the release of information. Policy 436 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Training Officer Program - 367 Field Training Officer Program 436.1 PURPOSE AND SCOPE The Field Training Officer Program is intended to provide a standardized program to facilitate the officer’s transition from the academic setting to the actual performance of general law enforcement duties of the Palo Alto Police Department. It is the policy of this department to assign all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive and professional manner. 436.2 FIELD TRAINING OFFICER - SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. 436.2.1 SELECTION PROCESS FTO's will be selected based on the following requirements: (a)Desire to be an FTO (b)Minimum of three years of patrol experience, two of which shall be with this department (c)Demonstrated ability as a positive role model (d)Participate and pass an internal oral interview selection process (e)Evaluation by supervisors and current Field Training Sergeants (f)Possess a POST Basic certificate 436.2.2 TRAINING An officer selected as a Field Training Officer shall successfully complete a POST certified (40- hour) Field Training Officer’s Course prior to being assigned as an FTO. All FTOs must complete a 24-hour Field Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28. 436.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor should be selected from the rank of sergeant or above by the Field Services Division Captain or a designee and should possess, or be eligible to receive, a POST Supervisory Certificate. The responsibilities of the FTO Program supervisor include the following: (a)Assignment of trainees to FTOs Palo Alto Police Department Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Training Officer Program - 368 (b)Conduct FTO meetings (c)Maintain and ensure FTO/trainee performance evaluations are completed (d)Maintain, update and issue the Field Training Manual to each trainee (e)Monitor individual FTO performance (f)Monitor overall FTO Program (g)Maintain liaison with FTO coordinators of other agencies (h)Maintain liaison with academy staff on recruit performance during the academy (i)Develop ongoing training for FTOs The FTO Program supervisor will be required to successfully complete a POST approved Field Training Administrator’s Course within one year of appointment to this position (11 CCR 1004(c)). 436.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the Palo Alto Police Department who has successfully completed a POST approved Basic Academy. 436.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks. The training period for a lateral officer may be modified depending on the trainee’s demonstrated performance and level of experience, but shall consist of a minimum of eight weeks. To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts and geographical areas during their Field Training Program. 436.5.1 FIELD TRAINING MANUAL Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Palo Alto Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules and regulations adopted by the Palo Alto Police Department. 436.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 436.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: Palo Alto Police Department Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Training Officer Program - 369 (a)Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis. (b)Review the Daily Trainee Performance Evaluations with the trainee each day. (c)Complete a detailed end-of-phase performance evaluation on his/her assigned trainee at the end of each phase of training. (d)Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. 436.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Observation Reports and Bi-weekly evaluations for each trainee and forward them to the Field Training Administrator. 436.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Administrator will review and approve the Daily Observation Reports and for each trainee submitted by the FTO through his/her immediate supervisor. 436.6.4 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program. 436.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the trainee's training files and will consist of the following: (a)Daily Observation Reports (DOR) (b)End of phase evaluations (c)A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training (d)Once a trainee has completed the FTO Program, all documentation will be forwarded to the Personnel and Training Division. 436.8 POLICY ISSUE DATE Updated: 12-18-16 Policy 438 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Obtaining Air Support - 370 Obtaining Air Support 438.1 PURPOSE AND SCOPE The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request. 438.2 REQUEST FOR HELICOPTER ASSISTANCE If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made. 438.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for a helicopter, the Watch Commander, or his/her designee, will call the closest agency having helicopter support available. The Watch Commander on duty will apprise that agency of the specific details of the incident prompting the request. 438.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a)When the helicopter is activated under existing mutual aid agreements (b)Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard (c)When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community (d)When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e)Vehicle pursuits While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers on the ground. Policy 440 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 371 Field Interviews & Photographing of Field Detainees 440.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat- down searches, and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. 440.2 DEFINITIONS Detention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe he/she is being required to restrict his/her movement. Detentions also occur when an officer actually restrains a person's freedom of movement. Consensual Encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field Interview - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field Photographs - Field photographs are defined as posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs. Pat-Down Search - This type of search is used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. 440.3 FIELD INTERVIEWS Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: Palo Alto Police Department Policy Manual Field Interviews & Photographing of Field Detainees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 372 (a)The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in a criminal act. (b)The actions of the suspect suggest that he/she is engaged in a criminal activity. (c)The hour of day or night is inappropriate for the suspect's presence in the area. (d)The suspect's presence in the particular area is suspicious. (e)The suspect is carrying a suspicious object. (f)The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon. (g)The suspect is located in proximate time and place to an alleged crime. (h)The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 440.3.1 INITIATING A FIELD INTERVIEW An officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person however, should not be detained longer than is reasonably necessary to resolve the officer's suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the Palo Alto Police Department to strengthen our community involvement, community awareness and problem identification. 440.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigators to utilize available personnel for the following: (a)Identify all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. Palo Alto Police Department Policy Manual Field Interviews & Photographing of Field Detainees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 373 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. 440.3.3 FIELD INTERVIEW CARDS It is the policy of the Palo Alto Police Department to record all information relevant to the identity of suspicious persons who have been interviewed and released by an officer in the field. The detention and recording of personal information of those persons deemed "suspicious" shall take place only when due consideration is given to legal statutes, case law, and individual rights. A Field Interview Card (F.I. Card) shall be completed when an officer is not certain that the suspicious actions of the person being interviewed are legitimate. The following procedures shall be adhered to in the completion, review and retention of F.I. cards: All completed F.I. cards shall be reviewed and, if acceptable, signed by a supervisor. Those field interview cards deemed to be unacceptable shall be destroyed. Approved F.I. cards shall be forwarded to the ISD Office Specialist for entry into the Department computer system. F.I. cards shall be filed for a period of six months. All F.I. cards that are older than six months shall be destroyed by the ISD Office Specialist. The ISD Office Specialist shall also purge all information from the Department computer that is related to those F.I. cards which have been destroyed. 440.4 PAT-DOWN SEARCHES A pat-down search of a detained subject may be conducted whenever an officer reasonably believes that the person may possess an object that can be utilized as an offensive weapon or whenever the officer has a reasonable fear for his/her own safety or the safety of others. Circumstances that may establish justification for performing a pat-down search include, but are not limited to the following: (a)The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved. (b)Where more than one suspect must be handled by a single officer. (c)The hour of the day and the location or neighborhood where the stop takes place. (d)Prior knowledge of the suspect's use of force and/or propensity to carry deadly weapons. (e)The appearance and demeanor of the suspect. (f)Visual indications which suggest that the suspect is carrying a firearm or other weapon. (g)The age and gender of the suspect. Whenever possible, pat-down searches should be performed by officers of the same gender. Palo Alto Police Department Policy Manual Field Interviews & Photographing of Field Detainees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 374 440.5 FIELD PHOTOGRAPHS Before photographing any field detainee, the officer shall carefully consider, among other things, the factors listed below. 440.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent to be photographed. 440.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 440.6 SUPERVISOR RESPONSIBILITY While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph. Access to field photographs shall be strictly limited to law enforcement purposes. 440.7 DISPOSITION OF PHOTOGRAPHS All detainee photographs must be downloaded into the Digital Imaging Database. See Policy Manual § 711 for procedures. 440.7.1 PURGING THE FIELD PHOTO FILE The Records Manager will be responsible for ensuring that photographs maintained by the Technical Services Division that are more than one year old and no longer serve a law enforcement purpose are periodically purged and destroyed. Photographs that continue to serve a legitimate law enforcement purpose may be retained longer than one year provided that a notation of that fact is added to the file for each additional year that they are retained. Access to the FI photo file shall be strictly limited to law enforcement purposes. A photograph need not be purged but may be retained as an updated photograph in a prior booking file if the person depicted in the photograph has been booked at the Palo Alto Police Department and the booking file remains in the Technical Services Division. Palo Alto Police Department Policy Manual Field Interviews & Photographing of Field Detainees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 375 440.8 PHOTO REVIEW POLICY Any person who has been the subject of a field photograph or an FI by this agency during any contact other than an arrest may file a written request within 30 days of the contact requesting a review of the status of the photograph/FI. The request shall be directed to the office of the Chief of Police who will ensure that the status of the photograph or FI is properly reviewed according to this policy as described below. Upon a verbal request, the Department will send a request form to the requesting party along with a copy of this policy. 440.8.1 REVIEW PROCESS Upon receipt of such a written request, the Chief of Police or his or her designee will permit the individual to appear in person (any minor must be accompanied by their parent or legal guardian) for a review of the status of the photograph/Fl. Such a meeting will generally be scheduled during regular business hours within 30 days of the receipt of the written request. An extension of the 30-day limit may be made either upon the mutual convenience of the parties or if, at the discretion of the Chief of Police, there appears to be an ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize an ongoing investigation, nothing in this policy shall require the Chief of Police to disclose the reason(s) for the delay. A meeting for the review of the status of any non-arrest photograph/FI is not intended to be a formal hearing, but simply an informal opportunity for the individual to meet with the Chief of Police or his/her designee to discuss the matter. After carefully considering the information available, the Chief of Police or designee will determine, generally within 30 days of the original meeting, whether the photograph/FI was obtained in accordance with existing law and Palo Alto Police Department policy and, even if properly obtained, then whether there is any ongoing legitimate law enforcement interest in retaining the photograph/FI. If the Chief of Police or his/her designee determines that the photograph/FI was obtained in accordance with existing law and department policy and that there is an ongoing legitimate law enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained according to this policy and applicable law. If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest photograph no longer exists or that it was obtained in violation of existing law or Palo Alto Police Department policy, the original photograph will be destroyed or returned to the person photographed, if requested. All other associated reports or documents, however, will be retained according to department policy and applicable law. If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest FI no longer exists or that the original F/I was not obtained in accordance with established law or Palo Alto Police Department policy, the original FI may only be destroyed upon the execution of a full and complete waiver of liability by the individual (and guardian if a minor) arising out of that field contact. Palo Alto Police Department Policy Manual Field Interviews & Photographing of Field Detainees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field Interviews & Photographing of Field Detainees - 376 If the Chief of Police or his/her designee determines that any involved Palo Alto Police Department personnel violated existing law or department policy, the Chief of Police or designee shall initiate a separate internal investigation which may result in additional training, discipline or other appropriate action for the involved employees. The person photographed/FI'd will be informed in writing within 30 days of the Chief of Police's determination whether or not the photograph/FI will be retained. This does not entitle any person to any discovery or access to any law enforcement records not otherwise authorized by law. Policy 444 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Watch Commanders - 382 Watch Commanders 444.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Lieutenant heads each watch. 444.2 DESIGNATION AS ACTING WATCH COMMANDER When a Lieutenant is unavailable for duty as Watch Commander, a Sergeant shall be designated as acting Watch Commander. In rare occasions an Agent may be assigned as a Watch Commander. This shall be done with the approval of the Field Services Division Captain. Policy 446 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 383 Field-Based Video Policy 446.1 PURPOSE AND SCOPE The Palo Alto Police Department has equipped officers with body-worn cameras to work in conjunction with the in-car camera recording system in patrol vehicles to provide a record of events and assist officers in the performance of their duties.The body-worn cameras and the in- car camera system will work as one integrated field-based video system that captures the same event and automatically links it to the Department’s evidence library. The body-worn cameras may also be independently deployed for various non-patrol related assignments or when a police vehicle is not available to use as an integrated field-based video solution. This policy provides guidance on the use of these systems. 446.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the body-worn camera or the in-car camera recording system to transmit or store video or audio data in an active mode. Field-based video – The recorded audio, images, and media collected from the body-worn camera and the in-car camera systems. Body-worn camera – A wearable camera acting as a digital video recording system that captures, processes, and stores video and audio evidence that can be uploaded to an evidence library for evidence management. The body-worn camera is a component of the Department’s field-based video system. In-car camera system and Mobile Audio/Video (MAV) system- Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor.The in-car camera system is a component of the Department’s field-based video system. Field-based video technician - Personnel certified or trained in the operational use and repair of the Vista body-worn camera or MAV system, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage medium or portable media. 446.2 POLICY It is the policy of the Palo Alto Police Department to use the body-worn camera in conjunction with the in-car camera system to more effectively fulfill the department’s mission and to ensure these systems are used securely and efficiently. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 384 446.3 OFFICER RESPONSIBILITIES The body-worn camera and the in-car camera system are different components of the field-based video system and each must be logged onto separately in order for the media from an event to be linked to the Department’s evidence library. The use of these systems is mandatory for sworn Field Services Division personnel as outlined in this policy. 446.3.1 REQUIRED PROCEDURES FOR LOGGING ON AND SYNCING THE FIELD-BASED VIDEO SYSTEMS Body-worn camera: (a)Officers will log onto a designated computer and complete the checkout process for being assigned a body-worn camera unit. (b)If an officer is not synching a body-worn camera unit to a police vehicle, the officer will verify that the recording, stop, and classification functions are working properly. To initiate a video recording using the body-worn camera, the officer must press the “Start/Stop Record” button on the front of the body-worn camera unit. When the Start/ Stop Record button is pressed a red LED will be illuminated on the device to show active recording status. To stop the recording, the officer must press the same button (Start/Stop Record button) twice. After the first press of the button, the officer will be prompted by the device to stop the recording. A second press of the button is required to confirm and stop the recording. (c)The recording then needs to be classified by a category selection. The available event categories mimic those found within the in car video system. The officer must toggle through the categories using the button on the side of the device (Display Backlight Button) until the desired category is reached and then hold the side button for 2 seconds to select and saved the event under that category. The LCD screen on the top of the device will confirm the event was saved by displaying the word SAVED on the screen. (d)Officers will not be able to review audio/video from the body-worn camera unit after verifying that the recording, stop, and classification functions are working properly, but should ensure the unit’s red LED light is illuminated after activation to confirm the unit is recording. (e)Officers using a body-worn camera in conjunction with the in-car camera system will sync their assigned body-worn camera unit to their police vehicle by placing it in the vehicle’s docking station and allowing the sync process to be completed.This should take between 15-20 seconds and officers should see the LED lights on the cradle and body-worn camera unit flash several times during the process. Once the body- worn camera unit is synched to the police vehicle, officers will then sign onto the in- car system as detailed below. (f)The supervisor will ensure Technical Services Division staff is notified of any system malfunction that requires repair or maintenance. (g)Body-worn camera recordings containing arrests, assaults, physical or verbal confrontations, vehicle pursuits, vehicle searches in which contraband is recovered, Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 385 driving while intoxicated or under the influence arrests, or any prisoner transport shall be treated as evidence and held for use in criminal prosecution. In-car camera system: (a)When using a police vehicle equipped with the in-car camera system, each officer shall sign onto the in-car camera system by selecting their name from the drop down menu on the system. Prior to going into service, each officer will ensure that the equipment is functioning properly. (b)Required procedures include checking the power source, checking connections to the recording equipment AND checking that the system is recording both audio and visual information (including a remote activation test). (c)Any identified malfunction of the in-car camera system shall be reported immediately to a supervisor. If a vehicle is kept in service without an operational in-car camera system, a notation shall be made to Dispatch via radio transmission. (d)The supervisor will ensure that Technical Services Division staff is notified of any system malfunction that requires repair or maintenance. (e)The officer may view in-car camera recordings in the field during their shift in accordance with section 446.5 of this policy. (f)In cases where the officer desires to have a particular recording flagged with a case number, after it has been uploaded, the officer shall notify the authorized Department personnel to mark the video recording for retention, and authorized Department personnel will mark the recording to be held. (g)In-car camera recordings containing arrests, assaults, physical or verbal confrontations, vehicle pursuits, vehicle searches in which contraband is recovered, driving while intoxicated or under the influence arrests, or any prisoner transport shall be treated as evidence and held for use in criminal prosecution. Officers shall utilize these procedures for signing onto the in-car camera system whether or not they are utilizing the body-worn camera unit since each component of the field-based system must be logged onto independently. Once the body-worn camera unit has been synched with the in- car camera system, officers will ensure both systems are synched by initiating a test recording on either the in-car camera system or from the body-worn camera unit. 446.4 ACTIVATION OF THE FIELD-BASED VIDEO SYSTEMS (a) The in-car camera system remains on until turned off manually while the ignition is on. Turning off the ignition will initiate the system's shutdown 30 minute timer which will have to be bypassed if a longer recording is desired with the ignition off. The body-worn cameras are on from the time the device is checked out, maintaining a 30 second recording loop, unless manually turned off by the officer. (b)Events are recorded on the body-worn camera and the in-car camera system automatically under the following circumstances: •Manual activation of the body-worn camera by the officer. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 386 •Manual activation of the in-car system from the vehicle’s console. •The patrol vehicle's emergency lights (position #2 or #3), siren, or PA (public address system) are activated. •The rear door of a K9 vehicle is opened. •The rear door of a patrol vehicle is opened. •The crash indicator is activated. •The patrol vehicle attains a speed of 80 MPH. (c)Unless otherwise required, the body-worn camera unit will act as the field-based video system’s microphone. (d)The body-worn camera and in-car camera system have pre-event recording capabilities and will record events prior to manual or automatic activation into a memory buffer.30 seconds of video only pre-event recording is saved upon activation of either of the systems.Additional "after the fact" video only is available from the in-car system’s hard drive.It is available for retrieval until overwritten. (e)The in-car microphone is automatically activated when a recording is activated. 446.4.1 REQUIRED ACTIVATION OF THE FIELD-BASED VIDEO SYSTEMS This policy is not intended to describe every possible situation in which the body-worn camera and the in-car camera system may be used, although there are many situations where their use is appropriate. The safety of officers and members of the public is the highest priority, and the Department acknowledges there may be situations in which the operation of the field-based video system is impractical or may be an impediment to public and officer safety. Additionally, the Department recognizes human performance limitations during particularly stressful, critical situations. Officers are not required to advise or obtain consent to utilize the field-based video system from a private person when in a public place or in a location where there is an expectation of privacy, but the officer is lawfully present. Officers shall make every reasonable effort to activate the field-based video system during all law enforcement contacts. Law enforcement contacts may include, but are not limited to, any enforcement or investigative activity, vehicle or pedestrian stops, consensual encounters, citizen flag downs, searches, taking or attempting to take a person into custody, use of force incidents, citation issuance, and any dispatched or self-initiated call for service. An officer may also activate the field-based video system anytime the officer believes it would be appropriate or valuable to document an incident. In instances when the field-based video system is not automatically activated, officers shall activate their body-worn camera and/or the in-car camera system prior to arriving to a call for service, or as soon as possible if the officer has self-initiated the call, to preclude arriving on scene and being unable to activate the system. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 387 In circumstances in which the officer is only utilizing the in-car camera system, it may not be possible to capture images of the incident due to conditions or the location of the vehicle’s camera. However, the audio portion of an event can be valuable evidence and is subject to the same activation requirements as the field-based video system. Officers shall ensure they are utilizing the audio mic specifically synched to the in-car camera system to capture any audio in this circumstance. 446.4.2 CESSATION OF RECORDING Once activated, the body-worn camera and in-car camera system should remain on until the incident no longer holds evidentiary or investigative value. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Once the officer determines an incident no longer holds evidentiary or investigative value, the officer shall make a verbal announcement indicating the incident has concluded prior to deactivating the body-worn camera and/or the in car camera system. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). Officers will also have discretion to stop a recording to protect the anonymity of an informant, confidential source, or undercover officer or if it becomes necessary to discuss operational or tactical issues of a confidential nature occurring in the field with a supervisor or another officer. Under these circumstances, the officer will verbally note the reason for terminating the recording prior to stopping the recording. If the incident still holds evidentiary or investigative value once the officer has concluded a confidential conversation as described above, the officer will re-activate the field-based video system until the recording no longer hold evidentiary or investigative value. If the in-car camera system is activated, it must be stopped from the vehicle’s console. Once the recording is stopped, the officer is required to select the appropriate classification for the event. If the incident or Designated Report (DR) number is known at this time, the officer is required to enter that number. If the vehicle is synched with a body-worn camera and the unit is in range, the body-worn camera video will be stopped when the in-car camera is stopped. If the body- worn camera unit is out of range or is not synched with the in-car camera system, the completed recording must be stopped and classified using the body-worn camera unit. 446.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the body-worn camera and in-car camera system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this department may surreptitiously record a conversation of any other member of this department. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 388 446.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if officers with non-functioning body-worn cameras or vehicles with non-functioning in-car camera systems should go into service or switch to an alternate vehicle or body-worn camera. If the non-functioning cameras are placed into service, the appropriate documentation should be made, including notification of the Communications Center and the field- based video technician At reasonable intervals, supervisors should validate that: (a)Beginning and end-of-shift recording procedures are followed. (b)Videos are marked as required. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, field-based video technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Supervisors may activate the in-car camera system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the in-car camera system for the purpose of monitoring the conversations or actions of an officer. Any time remote viewing is activated, a visual indicator will appear on the in-car video screen and the supervisor who initiated the activation will direct dispatch to notify all units that remote viewing is in progress. 446.5 REVIEW OF FIELD-BASED RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Unauthorized review and/or dissemination are strictly prohibited. To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the department field-based video technician or forensic media staff. A copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. The original media is stored and maintained on the Department's server. Recordings may be reviewed in any of the following situations: (a)By the officer in preparation of a written report or a follow-up investigation (b)By a supervisor or manager investigating a specific act of officer conduct or to mitigate a citizen complaint or inquiry (c)By a supervisor or manager for purposes of improving officer performance based on an articulable training issue Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 389 (d)By a Department employee after approval of a manager who is participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation (e)By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment or court purposes (f)By authorized personnel (e.g. District Attorney, supervisor, manager) during discovery/court process. Recordings must be accessed through the proper process (Penal Code 1054.5 - discovery or court order) (g)Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the Chief of Police to determine if the training value outweighs the officer's objection for not showing the recording. Recordings shown for training purposes will be presented in a fair and unbiased manner. (h)In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee or member of the public. In the event of an Officer-Involved Incident as defined in the Santa Clara County Chiefs’ Officer- Involved Incident Guidelines the initial interview of an Involved Officer should occur before the officer has reviewed any audio/video recordings of the incident. An Involved Officer will have an opportunity to review recordings after the initial statement has been taken and after having been admonished per the Officer-Involved Incident Guidelines. When recordings are administratively reviewed, minor policy infractions, not criminal in nature, discovered as a consequence of an unrelated viewing of the recording shall be addressed as a training opportunity and will not be utilized to initiate disciplinary action unless the policy infraction at issue has been documented as a reoccurring performance issue for the officer in question. The field-based video systems are configured with high quality audio and have the capability to capture a significant amount of video and audio when in operation, however, the systems are limited in the scope of their audio and visual capabilities. An individual officer’s experience may not include everything captured by the system. Similarly, the field based video systems may not capture everything by the officer. 446.6 DOCUMENTING FIELD-BASED VIDEO USE (a)If any incident is recorded with either the body-worn camera or the in-car camera system, the existence of that recording shall be documented in the officer's report. (b)If a citation is issued, the officer shall make a notation on the back of the officer's copy of the citation, indicating that the incident was recorded. (c)In the event of accidental recording, the officer shall submit a request to the field-based video technician for the deletion of the accidentally recorded data. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 390 446.7 RECORDING MEDIA STORAGE AND INTEGRITY All field-based recordings will be retained in accordance with the established records retention schedule. (Government Code § 34090.6). Only the field-based video technician or authorized designee may erase video or reissue media that has been previously recorded. Officers shall not erase, alter, reuse, modify or tamper with video from any of the field-based video recording systems, including, but not limited to the in-car camera system and the body-worn camera unit. 446.7.1 COPIES OF ORIGINAL RECORDING MEDIA A copy of the original recording media will be made for use as authorized in this policy. 446.7.2 FIELD-BASED RECORDING AS EVIDENCE Officers who reasonably believe that a field-based video recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Palo Alto Police Department should indicate this in an appropriate report. Officers shall ensure relevant recordings are preserved. 446.8 SYSTEM OPERATIONAL STANDARDS (a)The in-car camera system vehicle installations should be based on officer safety requirements and the vehicle and device manufacturer's recommendations. (b)The body-worn camera and the in-car camera system shall be configured to record for 30 seconds prior to an event. (c)The body-worn camera and the in-car camera system shall not be configured to record audio data occurring prior to activation. 446.9 FIELD-BASED VIDEO CUSTODIAN RESPONSIBILITIES (a)The Technical Services Division (TSD) has overall responsibility for the field-based video system and shall serve as custodian of these records (b)All Police field-based video recordings, excepting test recordings or accidental activations, shall be retained in accordance with California Government Code (CGC) §34090 and CGC §34090.6 for a period of not less than one year. (c)Release of field-based video recordings shall be conducted in accordance with Penal Code §1054.5 (discovery requests for criminal prosecution), CGC §6250 (California Public Records Act) and in accordance with Policy Manual §810 (Release of Records and Information). (d)All retrieved field-based video recordings will be uploaded into the field-based video server within the same day as the recording unless hindered by equipment or network malfunction or availability. Palo Alto Police Department Policy Manual Field-Based Video Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Field-Based Video Policy - 391 (e)Routine and evidentiary field-based video recordings on the server are backed up daily on a redundant server so that recordings are accessible online by officers for a period of not less than 365 days from the date of recording. (f)All routine requests by authorized department personnel for online access to field- based video recordings for court preparation or other official business, outside of the normal online access period will be handled within 2-3 business days of the request. (g)If an emergency need to access these recordings is required, the Technical Services Division on-call Technician can be contacted for immediate restoration and access. (h)The field-based video custodian or their designee shall be responsible for the retrieval, storage, backup and duplication of all field-based video recordings in addition to the ongoing maintenance of the systems and association components. (i)All field-based video recordings will be retained in accordance with the established records retention schedule (Government Code 34090.6). (j)Field-based video recordings will be stored on a separate and secure server. 446.10 TRAINING All members who are authorized to use the body-worn camera or the in-car camera system shall successfully complete an approved course of instruction prior to its use. 446.11 POLICY ISSUE DATE Updated: 7-10-18 Updated: 12-8-16 Policy 448 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mobile Data Computer Use - 392 Mobile Data Computer Use 448.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Data Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and the Communications Center. 448.2 POLICY Palo Alto Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy. 448.3 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Watch Commanders. Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 448.3.1 USE WHILE DRIVING Use of the MDC by the vehicle operator should generally be limited to times when the vehicle is stopped. When the vehicle is in motion, the operator should only attempt to read messages that are likely to contain information that is required for immediate enforcement, investigative or safety needs. Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. Palo Alto Police Department Policy Manual Mobile Data Computer Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mobile Data Computer Use - 393 448.4 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 448.5 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Watch Commander or other department-established protocol, all calls for service assigned by a dispatchershould be communicated by voice over the police radio and electronically via the MDC unless security or confidentiality prevents such broadcasting. MDC and voice transmissions are used to document the member's daily activity. To ensure accuracy: (a)All contacts or activity shall be documented at the time of the contact. (b)Whenever the activity or contact is initiated by voice, it should be documented by a dispatcher. (c)Whenever the activity or contact is not initiated by voice, the member shall document it via the MDC. 448.5.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDC system. Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDC. 448.5.2 EMERGENCY ACTIVATION If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Members should ensure a field supervisor and the Watch Commander are notified of the incident without delay. Officers not responding to the emergency shall refrain from transmitting on the police radio until a no-further-assistance broadcast is made or if they are also handling an emergency. 448.6 EQUIPMENT CONSIDERATIONS 448.6.1 MALFUNCTIONING MDC Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify the Communications Center. It shall be the responsibility of the [dispatcher to document all information that will then be transmitted verbally over the police radio. Palo Alto Police Department Policy Manual Mobile Data Computer Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mobile Data Computer Use - 394 448.6.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their MDCs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC could cause some devices to detonate. 448.7 POLICY ISSUE DATE Updated: 12-8-16 Policy 452 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Medical Marijuana - 399 Medical Marijuana 452.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this [department/office] with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws. 452.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A person issued a current identification card. Compassionate Use Act (CUA) (Health and Safety Code § 11362.5) - California law intended to provide protection from prosecution to those who are seriously ill and whose health would benefit from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA does not grant immunity from arrest but rather provides an affirmative defense from prosecution for possession of medical marijuana. Identification card - A valid document issued by the California Department of Public Health to both persons authorized to engage in the medical use of marijuana and also to designated primary caregivers. Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical purposes. Medical Marijuana Program (MMP) (Health and Safety Code § 11362.7 et seq.) - California laws passed following the CUA to facilitate the prompt identification of patients and their designated primary caregivers in order to avoid unnecessary arrests and provide needed guidance to law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain circumstances and provides a defense in others. Patient - A person who is entitled to the protections of the CUA because he/she has received a written or oral recommendation or approval from a physician to use marijuana for medical purposes or any person issued a valid identification card. Primary caregiver - A person designated by the patient, who has consistently assumed responsibility for the patient’s housing, health or safety, who may assist the patient with the medical use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and Safety Code § 11362.7). Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12 immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and Safety Code § 11362.77). Palo Alto Police Department Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Medical Marijuana - 400 452.2 POLICY It is the policy of the Palo Alto Police Department to prioritize resources to forgo making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. California’s medical marijuana laws are intended to provide protection to those who are seriously ill and whose health would benefit from the use of medical marijuana. However, California medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The Palo Alto Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 452.3 INVESTIGATION Investigations involving the possession, delivery, production or use of marijuana generally fall into one of several categories: (a)Investigations when no person makes a medicinal claim. (b)Investigations when a medicinal claim is made by a cardholder. (c)Investigations when a medicinal claim is made by a non-cardholder. 452.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the marijuana was possessed or produced for medicinal purposes. 452.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER A cardholder or designated primary caregiver in possession of an identification card shall not be arrested for possession, transportation, delivery or cultivation of medical marijuana at or below the statutory amount unless there is probable cause to believe that (Health and Safety Code § 11362.71; Health and Safety Code § 11362.78): (a)The information contained in the card is false or falsified. (b)The card has been obtained or used by means of fraud. (c)The person is otherwise in violation of the provisions of the MMP. (d)The person possesses marijuana but not for personal medical purposes. Palo Alto Police Department Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Medical Marijuana - 401 Officers who reasonably believe that a person who does not have an identification card in his/her possession has been issued an identification card may treat the investigation as if the person had the card in his/her possession. Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above the statutory amount if their doctor has concluded that the statutory amount does not meet the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code § 11362.77). Investigations involving cardholders with more than the statutory amount of marijuana should be addressed as provided in this policy for a case involving a medicinal claim made by a non-cardholder. 452.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NON- CARDHOLDER No patient or primary caregiver should be arrested for possession or cultivation of an amount of medical marijuana if the officer reasonably believes that marijuana is in a form and amount reasonably related to the qualified patient's current medical needs (Health and Safety Code § 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in compliance with MMP (Health and Safety Code § 11362.765). Officers are not obligated to accept a person’s claim of having a physician’s recommendation when the claim cannot be readily verified with the physician but are expected to use their judgment to assess the validity of the person’s medical-use claim. Officers should review any available written documentation for validity and whether it contains the recommending physician’s name, telephone number, address and medical license number for verification. Officers should generally accept verified recommendations by a physician that statutory amounts do not meet the patient’s needs (Health and Safety Code § 11362.77). 452.3.4 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving marijuana possession, delivery, production, or use: (a)Because enforcement of medical marijuana laws can be complex, time consuming, and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest. This can be particularly appropriate when: 1.The suspect has been identified and can be easily located at a later time. 2.The case would benefit from review by a person with expertise in medical marijuana investigations. 3.Sufficient evidence, such as photographs or samples, has been lawfully obtained. Palo Alto Police Department Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Medical Marijuana - 402 4.Other relevant factors, such as available [department/office] resources and time constraints prohibit making an immediate arrest. (b)Whenever the initial investigation reveals an amount of marijuana greater than the statutory amount, officers should consider the following when determining whether the form and amount is reasonably related to the patient’s needs: 1.The amount of marijuana recommended by a medical professional to be ingested. 2.The quality of the marijuana. 3.The method of ingestion (e.g., smoking, eating, nebulizer). 4.The timing of the possession in relation to a harvest (patient may be storing marijuana). 5.Whether the marijuana is being cultivated indoors or outdoors. (c)Before proceeding with enforcement related to collective gardens or dispensaries, officers should consider conferring with a supervisor, an applicable state regulatory agency or other member with special knowledge in this area, and/or appropriate legal counsel (Business and Professions Code § 26010; Business and Professions Code § 26060). Licensing, zoning, and other related issues can be complex. Patients, primary caregivers, and cardholders who collectively or cooperatively cultivate marijuana for medical purposes may be licensed or may have a defense in certain circumstances (Business and Professions Code § 26032; Business and Professions Code § 26033). (d)Investigating members should not order a patient to destroy marijuana plants under threat of arrest. 452.3.5 EXCEPTIONS This policy does not apply to, and officers should consider taking enforcement action for the following: (a)Persons who engage in illegal conduct that endangers others, such as driving under the influence of marijuana in violation of the Vehicle Code (Health and Safety Code § 11362.5). (b)Marijuana possession in jails or other correctional facilities that prohibit such possession (Health and Safety Code § 11362.785). (c)Smoking marijuana (Health and Safety Code § 11362.79): 1.In any place where smoking is prohibited by law. 2.In or within 1,000 feet of the grounds of a school, recreation center or youth center, unless the medical use occurs within a residence. 3.On a school bus. 4.While in a motor vehicle that is being operated. 5.While operating a boat. Palo Alto Police Department Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Medical Marijuana - 403 (d)Use of marijuana by a person on probation or parole, or on bail and use is prohibited by the terms of release (Health and Safety Code § 11362.795). 452.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE No person issued a state license under the Business and Professions Code shall be arrested or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical cannabis or a medical cannabis product related to qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful may involve questions of license classifications, local ordinances, specific requirements of the Business and Professions Code and adopted regulations. Officers should consider conferring with a supervisor, the applicable state agency or other member with special knowledge in this area and/ or appropriate legal counsel before taking enforcement action against a licensee or an employee or agent (Business and Professions Code § 26032). 452.4 FEDERAL LAW ENFORCEMENT Officers should provide information regarding a marijuana investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 452.5 PROPERTY AND EVIDENCE SECTION SUPERVISOR RESPONSIBILITIES The Property and Evidence Section supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order. The Property and Evidence Section supervisor is not responsible for caring for live marijuana plants. Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property and Evidence Section supervisor should, as soon as practicable, return to the person from whom it was seized any useable medical marijuana, plants, drug paraphernalia or other related property. The Property and Evidence Section supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Investigative Services supervisor. Policy 454 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Bicycle Patrol Program - 404 Bicycle Patrol Program 454.1 PURPOSE AND SCOPE The purpose of this policy is to establish working guidelines for the implementation, operation and maintenance of a uniformed bicycle patrol program. The goals of the Department Bicycle Patrol Program are to: (a)Enhance prevention of crime and apprehension of criminals in the City of Palo Alto; (b)Improve one-on-one citizen contact particularly in business districts; (c)Conduct bicycle safety programs in the City of Palo Alto; (d)Assist with crowd control at special events or functions within the City. 454.2 POLICY Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special events. The use of the patrol bicycle will emphasize their mobility and visibility to the community. Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow. Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle Patrol Unit supervisor or the Watch Commander. 454.2.1 ASSIGNMENTS Assignment and effective utilization of the bicycle patrol officers will be the responsibility of the Watch Commander and Bicycle Patrol Lieutenant or supervisor. Bicycle patrol officers may be assigned as follows: (a)As a member of a specialized bicycle patrol unit assigned areas of patrol responsibility to best meet the needs of the community; (b)To uniformed bicycle patrol as staffing permits and at the discretion of the shift supervisor; (c)To work special details at the discretion of the commanding officer responsible for the event; (d)Specialized bicycle patrol in designated areas as part of a Community Policing or Problem Oriented Policing project at the discretion of the shift supervisor or command staff member. 454.3 SELECTION OF PERSONNEL Full-time and reserve police officers who have successfully completed the field training program and are off probation are eligible for the uniformed Bicycle Patrol Program. Eligible officers must complete, at a minimum, a 8 hour in-house course of police bicycle instruction. The instructor of the training course shall have completed a POST approved instructor's course. Officers who have Palo Alto Police Department Policy Manual Bicycle Patrol Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Bicycle Patrol Program - 405 completed 8 or more hours of similar training by another law enforcement agency are also eligible, if he/she has proper documentation or certification. Training should include the following subjects: (a)Bicycle care and maintenance; (b)Safe bicycle operations; (c)Officer safety tactics; (d)Pedestrian/bicycle/vehicle stops; (e)Community relations. Bicycle patrol officers must attend an update training when scheduled by the bicycle patrol supervisor. Assignment to work Bicycle Patrol will be determined by the following: (a)Intra-Departmental transfer submitted by officer candidate; (b)Meet physical standards as required by the Bicycle Patrol Program Lieutenant and the Chief of Police; (c)Successful completion of the Department Bicycle Patrol Training Course or equivalent; (d)Final approval of Bicycle Program Lieutenant and the Chief of Police. 454.3.1 BICYCLE PATROL UNIT SUPERVISOR The Bicycle Patrol Program supervisor will be selected from the rank of sergeant or agent by the Field Services Division Captain or his/her designee. The Bicycle Patrol Program supervisor shall have responsibility for the following: (a)Organizing bicycle patrol training. (b)Inspecting and maintaining inventory of patrol bicycles and program equipment. (c)Scheduling maintenance and repairs. (d)Evaluating performance of bicycle officers. (e)Coordinating activities with the Field Services Division. (f)Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit. 454.4 TRAINING Participants in the program must complete an initial Department approved bicycle-training course after acceptance into the program. Thereafter bicycle patrol officers should receive in-service training to improve skills and refresh safety, health and operational procedures when scheduled by the program supervisor. The initial training shall minimally include the following: •Bicycle patrol strategies. •Bicycle safety and accident prevention. Palo Alto Police Department Policy Manual Bicycle Patrol Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Bicycle Patrol Program - 406 •Operational tactics using bicycles. 454.5 UNIFORMS AND EQUIPMENT Officers shall wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and approved footwear. The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt with department badge and patches, and department-approved bicycle patrol pants or shorts. Optional equipment includes a radio head set and microphone, and jackets in colder weather. Turtleneck shirts or sweaters are permitted when worn under the uniform shirt. Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol. 454.6 CARE AND USE OF PATROL BICYCLES It shall be the officer's responsibility to inspect the bike before and after his or her deployment to ensure the bike is clean and in proper working order. The following bicycle upkeep and maintenance procedures shall apply: (a)Officers may make minor repairs to their equipment as necessary to keep the bicycle operational; (b)Damage, which the officer cannot repair, will be reported immediately to the Bicycle Patrol Sergeant and the bicycle clearly marked as "out of service"; (c)All major repairs and tune-ups will be completed by a Department-approved repair service, or Department certified maintenance officer; (d)All bicycles will receive a tune-up every four months unless needed sooner. (This will be policy only if the bicycle is being used on a continued basis); (e)Officers will use their handcuffs to secure their bicycles whenever out of the officer's sight; (f)Officers shall clean their bikes prior to the end of their shift; (g)All bicycles will be stored in the designated area. 454.7 OFFICER RESPONSIBILITY Officers must operate the bicycle in compliance with the vehicle code under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such Palo Alto Police Department Policy Manual Bicycle Patrol Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Bicycle Patrol Program - 407 operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Officers are exempt from the rules of the road under the following conditions (Vehicle Code § 21200(b)(1)): (a)In response to an emergency call. (b)While engaged in rescue operations. (c)In the immediate pursuit of an actual or suspected violator of the law. Bicycle Patrol Officers will use their assigned call numbers at all times. Bicycle Patrol Officers will respond to calls for service as requested by dispatch or the shift supervisor. Calls for service will be limited to calls within close proximity of their assigned area. Bicycle Patrol Officers will maintain use of the forward white light, and the rear red safety light at all times, unless movement for a specific assignment requires black out movement. Policy 459 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Global Positioning System - 413 Global Positioning System 459.1 PURPOSE AND SCOPE Global Positioning System (GPS) technology is embedded in many devices utilized by the Police Department including Mobile Data Computers (MDC), phones and citation machines. The technology is an asset to officer safety and can greatly assist officers with their response to calls as well as provide accurate location data. The GPS functionality in the MDCs provides Automatic Vehicle Location (AVL) which maps in the Computer Aided Dispatch System (CAD). 459.2 PROCEDURE All personnel, when using a device equipped with GPS technology, shall adhere to the following procedure: (a)If applicabable, initiate the GPS technolocy. (b)Keep program properly operational throughout the entire shift. 459.3 TRAINING All field personnel will be trained in the use of GPS technology , including how to recognize if the program is working properly and basic troubleshooting techniques that will rectify most problems. The training will be conducted by Department-authorized personnel. 459.4 RECORD KEEPING Historical data is automatically logged and archived by many of these systems including but not limited to CAD and the parking citation application. Supervisors and Managers will not randomly access historical data unless it is necessary to locate an employee who is not responding, to locate missing equipment, or if such access is necessary in the course of an administrative inquiry or investigation. 459.5 REPORTING GPS PROBLEMS If the GPS program does not operate properly, personnel should reboot the system as trained. If that does not solve the problem, they are required to immediately notify their supervisor. If the supervisor cannot rectify the problem, the field unit or supervisor shall send an e-mail message to the Helpdesk before the end of the shift describing the problem and requesting that it be fixed. The supervisor, at their discretion, may require the field unit to use another vehicle or device. If the field unit goes into service without working GPS technology, they shall advise Communications verbally using the police radio. Palo Alto Police Department Policy Manual Global Positioning System Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Global Positioning System - 414 459.6 MANDATORY USE OF GPS The use of the GPS is mandatory for all on-duty personnel using a device equipped with this technology. 459.7 POLICY ISSUE DATE Updated 12-8-16 Policy 462 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Automated License Plate Readers (ALPRs) - 415 Automated License Plate Readers (ALPRs) 462.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 462.2 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. [Department/Office] members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a)An ALPR shall only be used for official law enforcement business. (b)An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c)While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d)No member of this [department/office] shall operate ALPR equipment or access ALPR data without first completing [department/office]-approved training. (e)No ALPR operator may access [department/office], state or federal data unless otherwise authorized to do so. (f)If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 462.3 DATA COLLECTION AND RETENTION The Administrative Services Division Captain is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with [department/office] procedures. All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. Palo Alto Police Department Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Automated License Plate Readers (ALPRs) - 416 462.4 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a)All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b)Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or [department/office]-related civil or administrative action. (c)ALPR system audits should be conducted on a regular basis. For security or data breaches, see the Records Release and Maintenance Policy. 462.5 POLICY The policy of the Palo Alto Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this [department/office]. Because such data may contain confidential information, it is not open to public review. 462.6 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a)The agency makes a written request for the ALPR data that includes: 1.The name of the agency. 2.The name of the person requesting. 3.The intended purpose of obtaining the information. (b)The request is reviewed by the Administrative Services Division Captain or the authorized designee and approved before the request is fulfilled. (c)The approved request is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). Palo Alto Police Department Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Automated License Plate Readers (ALPRs) - 417 462.7 TRAINING The Personnel and Training Lieutenant should ensure that members receive [department/ office]-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Policy 471 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Terrorism Liaison Officer - 418 Terrorism Liaison Officer 471.1 PURPOSE AND SCOPE The 9-11 Commission Report was chartered to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. The Commission was also mandated to provide recommendations designed to guard against future attacks. As a result of the investigation, it was recognized that prior to the attacks the US Government had vast amounts of information and intelligence but weak systems to process and use it. Nationally, networks of intelligence fusion centers have been created to serve as a central hub to collect, analyze, and disseminate information regarding threats. Fusion centers are multi-disciplined task forces with representatives from law enforcement, the fire service, public health and the private sector. The fusion center serving the City of Palo Alto is the Northern California Regional Intelligence Center (NCRIC). The role of the law enforcement and fire service community in relation to the fusion center is to maintain a two-way sharing of information both in receiving threat related information as well as reporting information that may portend a criminal and/or terrorist threat. The purpose of this policy is to establish a process for intelligence sharing between the Palo Alto Police Department and the Northern California Regional Intelligence Center (NCRIC) as well as insuring that the privacy concerns and civil rights of the public are well protected. 471.2 POLICY It shall be the policy of the Palo Alto Police Department to disseminate intelligence received throughout the organization on a need to know basis. Information which is disseminated is confidential and shall not be shared with the media, the public or anyone who is not an authorized, direct recipient. It shall be the policy of the Palo Alto Police Department to report information, activities or observations which are suspicious in nature to NCRIC through the Terrorism Liaison Officers (TLO) and TLO-Coordinator, absent exigent circumstances. When Palo Alto Police Department employees discover information they believe may be indicative of terrorist activity, it is the policy of the Department that all such information will be scrutinized and balanced against the individual’s right to privacy, applicable laws, and the Constitution. Nothing in this policy should be construed as suggesting that any law, such as those related to search and seizure, may not apply when it comes to an incident that might be terrorism related. To the contrary, it is the policy of this agency that its employees will not use factors such as race, religious affiliation, and social or political views as the sole basis for determining if a matter qualifies as possible terrorism activity. Employees will neither collect nor report information to other agencies regarding an individual’s religious activities, political views, social agendas, or other non-criminal activity. The exception will be when those factors have bearing on other articulated facts that suggest terrorist or criminal Palo Alto Police Department Policy Manual Terrorism Liaison Officer Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Terrorism Liaison Officer - 419 behavior. Any files kept by the Palo Alto Police Department on individuals or organizations will be kept in accordance with 28 Code of Federal Regulations Part 23 and Palo Alto Police Department Policy 810 (Records Maintenance and Release) and 812 (Protected Information). Any suspicious incident should be documented in a Palo Alto Police report under the appropriate heading. The Department is committed to working with its local, state, and Federal partners on matters of terrorism while working within the bounds of California state law and applicable privacy protections. 471.3 DEFINITIONS Terrorism: The unlawful use or threatened use of force or violence against individuals or property in an attempt to coerce or intimidate governments or societies to achieve political, religious, or ideological objectives. Fusion Center: a collaborative effort of two or more agencies that provide resources, expertise and/or information with the goal of maximizing the ability to detect, prevent, apprehend and respond to criminal and terrorist activity. Intelligence: Information with a limited inherent meaning that is assessed for validity and reliability and further reviewed for relevance to a threat or investigation thereby giving it meaning. NCRIC: The Northern California Regional Intelligence Center, based in San Francisco, is one of four California fusion centers. Suspicious in nature: An action, response, person, possession or threat which is unusual and may portend a criminal or terrorist motive. Right/Need to know: Requested information is pertinent and necessary to the requestor agency in initiating, furthering, or completing an investigation. Requestor has official capacity and statutory authority to the information being sought. Terrorism Liaison Officer (TLO): A sworn Peace Officer, crime analyst, or other specially selected Department employee who has attended a POST certified TLO Basic course and has been trained in terrorist tactics and strategies. Other City employees may also be certified as TLOs and should coordinate their reporting and activities with the Palo Alto TLO-C. In particular, the City’s Office of Emergency Services (OES) has a number of TLOs and routinely works with multiple other agencies for regional counter terrorism planning, including the NCRIC. 471.4 ROLES AND RESPONSIBILITIES Terrorism Liaison Officer (TLO): Shall be responsible for the dissemination of information received and the reporting of information as approved by the TLO-Coordinator. TLOs will also serve as a Palo Alto Police Department Policy Manual Terrorism Liaison Officer Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Terrorism Liaison Officer - 420 subject matter expert within the agency, available to assist other employees in determining what constitutes suspicious activity. Terrorism Liaison Officer Coordinator (TLO-C): A designated supervisor who shall coordinate and oversee the collection, documentation and dissemination of information from the TLOs to ensure policy is followed and that information is shared with the appropriate divisions including investigations and Command Staff as appropriate. The TLO-C will ensure that information is shared with other employees that is relevant and in accordance with policy. Subject to the discretion of management, this position should be filled by the Investigative Services Property Crimes Supervisor. The TLO-C will have the primary responsibility to work with OES and other City staff (including other departments’ TLOs to provide ongoing coordination and training. Terrorism Liaison Officer Manager: a designated manager who shall provide oversight of the TLO program and provide a means for reporting information to the management group and executive management team as necessary. Palo Alto Police Department Employees: Relative to intelligence, it shall be the responsibility of the department personnel throughout all divisions to be cognizant that they play a vital role in reducing crime and terrorism by reporting information that may prove actionable to the TLOs or TLO-C. Certification and Training : Department employees interested in becoming a TLO must attend a POST certified TLO Basic Course. The TLO-C will participate in terrorism-related regional training and meetings and will provide on-going training to Department personnel and other City departments’ TLOs as appropriate. 471.5 PROCEDURES Threat Warnings: Successful terrorist attacks have followed an established pattern with three identifiable phases: (a)Research and Reconnaissance (b)Planning (c)Execution The purpose for sharing information is to identify and disrupt terrorist activities before they reach the execution phase. Given that local law enforcement and fire personnel may be the first to encounter terrorist activity at any phase, it is vital that they be equipped with current information regarding terrorist and criminal activity, networks and patterns. The NCRIC and other Fusion Centers will disseminate information concerning terrorist and criminal activity to local jurisdictions via authorized TLOs. The Department’s TLOs will be responsible for disseminating