HomeMy Public PortalAbout20200622plCC5701-32
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 5 of 12
Note: Documents for every category may not have been received for packet
reproduction in a given week.
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328.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor
of the involved member should take prompt and reasonable steps to mitigate or eliminate any
continuing abusive or hostile work environment. It is the policy of the [Department/Office] that all
complaints of discrimination, retaliation or harassment shall be fully documented and promptly
and thoroughly investigated.
328.5.1 SUPERVISORY RESOLUTION
Members who believe they are experiencing discrimination, harassment or retaliation should be
encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional
or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty
expressing his/her concern, or if this does not resolve the concern, assistance should be sought
from a supervisor or manager who is a rank higher than the alleged transgressor.
328.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the process described above, a formal
investigation will be conducted.
The person assigned to investigate the complaint will have full authority to investigate all aspects
of the complaint. Investigative authority includes access to records and the cooperation of any
members involved. No influence will be used to suppress any complaint and no member will be
subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for
offering testimony or evidence in any investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include, but
is not limited to, details of the specific incident, frequency and dates of occurrences and names
of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
a disciplinary process, up to and including termination, may result if retaliation occurs.
Members who believe they have been discriminated against, harassed or retaliated against
because of their protected status, are encouraged to follow the chain of command but may also
file a complaint directly with the Chief of Police, Personnel and Training Lieutenant or the City
Manager.
328.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any member from seeking legal
redress outside the [Department/Office]. Members who believe that they have been harassed,
discriminated or retaliated against are entitled to bring complaints of employment discrimination
to federal, state and/or local agencies responsible for investigating such allegations. Specific
time limitations apply to the filing of such charges. Members are advised that proceeding with
complaints under the provisions of this policy does not in any way affect those filing requirements.
328.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on forms and in a manner designated
by the Chief of Police. The outcome of all reports shall be:
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•Approved by the Chief of Police, the City Manager or the Personnel and Training
Lieutenant, depending on the ranks of the involved parties.
•Maintained in accordance with the [department/office]'s established records retention
schedule.
328.6.1 NOTIFICATION OF DISPOSITION
The complainant and/or victim will be notified in writing of the disposition of the investigation and
the actions taken to remedy or address the circumstances giving rise to the complaint.
328.7 TRAINING
All new members shall be provided with a copy of this policy as part of their orientation. The policy
shall be reviewed with each new member. The member shall certify by signing the prescribed form
that he/she has been advised of this policy, is aware of and understands its contents and agrees
to abide by its provisions during his/her term with the [Department/Office].
All members shall receive annual training on the requirements of this policy and shall certify by
signing the prescribed form that they have reviewed the policy, understand its contents and agree
that they will continue to abide by its provisions.
328.7.1 SUPERVISOR TRAINING
All supervisors shall receive specific training and education regarding sexual
harassment, prevention of abusive conduct and harassment based on gender identity, gender
expression and sexual orientation within six months of assuming a supervisory position. Refresher
training shall be provided every two years thereafter (Government Code § 12950.1; 2 CCR 11024).
328.7.2 TRAINING RECORDS
The Personnel and Training Lieutenant shall be responsible for maintaining records of all
discriminatory harassment training provided to members. Records shall be retained in accordance
with established records retention schedules and for a minimum of two years (2 CCR 11024).
328.8 WORKING CONDITIONS
The Administrative Services Division Captain or the authorized designee should be responsible for
reviewing facility design and working conditions for discriminatory practices. This person should
collaborate with other City employees who are similarly tasked (2 CCR 11034).
Policy
330
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Child Abuse
330.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Palo Alto Police Department members are required to notify the
county Child Protective Services (CPS) of suspected child abuse.
330.2 POLICY
The Palo Alto Police Department will investigate all reported incidents of alleged criminal child
abuse and ensure CPS is notified as required by law.
In addition to the policies and procedures contained in this Child Abuse Investigations and
Reporting Policy, all personnel are required to read and follow the guidelines contained in Santa
Clara County Protocols Section 2 - Child Abuse Protocol, when investigating and responding to
child abuse investigations.
330.3 QUALIFIED INVESTIGATORS
Qualified investigators should be available for child abuse investigations. These investigators
should:
(a)Conduct interviews in child appropriate interview facilities.
(b)Be familiar with forensic interview techniques specific to child abuse investigations.
(c)Present all cases of alleged child abuse to the prosecutor for review.
(d)Coordinate with other enforcement agencies, social service agencies and school
administrators as needed.
(e)Provide referrals to therapy services, victim advocates, guardians and support for the
child and family as appropriate.
(f)Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 18961.7).
330.4 INVESTIGATIONS AND REPORTING
A crime report shall always be written for suspected/substantiated abuse, unfounded abuse
neglect/endangerment, or any act which results in a non-accidental injury. Crime reports shall
include a Juvenile Contact Report (JCR) if a child is taken into protective custody, and the
"Suspected Child Abuse Report" Form SS8572.
When a patrol officer is dispatched to an active or on-view child abuse, he/she shall take
appropriate steps to assure the safety of the child and the identification and/or apprehension of
the suspect.
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In addition, investigations and reports related to suspected cases of child abuse should address,
as applicable:
(a)The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected child abuse victim was contacted.
(b)The exigent circumstances that existed if officers interviewed the child victim without
the presence of a parent or guardian.
(c)Any relevant statements the child may have made and to whom he/she made the
statements.
(d)If a child was taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(e)Documentation of any visible injuries or any injuries identified by the child. This should
include photographs of such injuries, if practicable.
(f)Whether the child victim was transported for medical treatment or a medical
examination.
(g)Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other children who may reside in the residence.
(h)Identification of any prior related reports or allegations of child abuse, including other
jurisdictions, as reasonably known.
(i)Previous addresses of the victim and suspect.
(j)Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim's environment.
INVESTIGATIVE SERVICES DIVISION: When a Suspected Child Abuse Report is received by
the Investigative Services Division, it will be routed through the Person Crimes supervisor. The
Person Crimes supervisor will assign the case to a detective for follow-up investigation and ensure
that the case has been cross-reported to DFCS.
The investigating detective shall coordinate his/her investigation and interviews with a DFCS social
worker, to minimize the number of contacts and interviews with the victim(s). In addition to the
guidelines set forth in the Santa Clara County Child Abuse Protocol, the duties of the detective
assigned to investigate child abuse includes but is not limited to:
(a)Responsibility for the investigation, the collection of evidence and preliminary
preparation for prosecution of all cases of child abuse and molestation.
(b)Investigating the deaths of children that could be attributed to abuse or molestation.
(c)Investigating any instance of Sudden Infant Death (SID).
(d)Investigating reports of unfit homes, child abandonment, child endangering or neglect.
(e)Providing follow-up compliance calls on reports of suspected child abuse.
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(f)Providing appropriate training to patrol personnel.
(g)Coordinating with other law enforcement agencies, social service agencies and school
administrators as needed.
(h)Conducting interviews in child appropriate interview facilities.
(i)Be familiar with forensic interview techniques specific to child abuse investigations.
(j)Present all cases of alleged child abuse to the prosecutor for review.
(k)Provide referrals to therapy services, victim advocates, guardians and support for the
child and family as appropriate.
(l)Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code 18961.7).
330.4.1 EXTRA JURISDICTIONAL REPORTS
If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this
jurisdiction is received, department members shall ensure that the caller is immediately transferred
to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be
successfully transferred to the appropriate agency, a report shall be taken and immediately
referred by telephone, fax or electronic transfer to the agency with proper jurisdiction (Penal Code
11165.9).
330.5 PROTECTIVE CUSTODY
Before taking any child into protective custody, the officer should make reasonable attempts to
contact CPS. Generally, removal of a child from his/her family, guardian or other responsible adult
should be left to the child welfare authorities when they are present or have become involved in
an investigation.
Generally, members of this department should remove a child from his/her parent or guardian
without a court order only when no other effective alternative is reasonably available and
immediate action reasonably appears necessary to protect the child. Prior to taking a child into
protective custody, the officer should take reasonable steps to deliver the child to another qualified
parent or legal guardian, unless it reasonably appears that the release would endanger the child
or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is
delivered to CPS.
Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking
a child into protective custody. If prior notification is not practicable, officers should contact a
supervisor promptly after taking a child into protective custody.
Children may only be removed from a parent or guardian in the following situations when a court
order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305):
(a)The officer reasonably believes the child is a person described in Welfare and
Institutions Code § 300, or a commercially exploited child under Penal Code § 647 and
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Penal Code § 653.22, and further has good cause to believe that any of the following
conditions exist:
1.The child has an immediate need for medical care.
2.The child is in immediate danger of physical or sexual abuse.
3.The physical environment or the fact that the child is left unattended poses
an immediate threat to the child’s health or safety. In the case of a child left
unattended, the officer shall first attempt to locate and determine if a responsible
parent or guardian is available and capable of assuming custody before taking
the child into protective custody.
(b)The officer reasonably believes the child requires protective custody under the
provisions of Penal Code § 279.6, in one of the following circumstances:
1.It reasonably appears to the officer that a person is likely to conceal the child,
flee the jurisdiction with the child or, by flight or concealment, evade the authority
of the court.
2.There is no lawful custodian available to take custody of the child.
3.There are conflicting custody orders or conflicting claims to custody and the
parties cannot agree which party should take custody of the child.
4.The child is an abducted child.
(c)The child is in the company of, or under the control of, a person arrested for Penal
Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code
§ 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6).
A child taken into protective custody shall be delivered to CPS unless otherwise directed by court
order.
330.5.1 CALIFORNIA SAFELY SURRENDERED BABY LAW
An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment
if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe-
surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the
surrender site to notify CPS.
330.6 INTERVIEWS
330.6.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, officers should record the preliminary
interview with suspected child abuse victims. Officers should avoid multiple interviews with a child
victim and should attempt to gather only the information necessary to begin an investigation. When
practicable, investigating officers should defer interviews until a person who is specially trained
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in such interviews is available. Generally, child victims should not be interviewed in the home or
location where the alleged abuse occurred.
Patrol officers should interview all parties involved, including children, separately. If the case
involves severe, ongoing, physical or sexual abuse or severe neglect, the Investigative Services
Division Person Crimes supervisor should be contacted for assistance from a child abuse
detective. At this point consideration should be given to scheduling a Multi-Disciplinary Interview
(MDI), and the patrol officer should conduct basic interviews only to determine jurisdiction, and
elements of at least one crime.
330.6.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW
An officer should not detain a child involuntarily who is suspected of being a victim of child abuse
solely for the purpose of an interview or physical exam without the consent of a parent or guardian
unless one of the following applies:
(a)Exigent circumstances exist, such as:
1.A reasonable belief that medical issues of the child need to be addressed
immediately.
2.A reasonable belief that the child is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3.The alleged offender is the custodial parent or guardian and there is reason to
believe the child may be in continued danger.
(b)A court order or warrant has been issued.
330.6.3 INTERVIEWS AT A SCHOOL
Any student at school who is a suspected victim of child abuse shall be afforded the option of
being interviewed in private or selecting any qualified available adult member of the school staff
to be present. The purpose of the staff member's presence is to provide comfort and support. The
staff member shall not participate in the interview. The selection of a staff member should be such
that it does not burden the school with costs or hardship (Penal Code § 11174.3). The officer shall
inform the child of that right prior to the interview.
In addition, the officer should notify the school administration (Principal) that he/she is conducting
a child abuse investigation. The officer should not reveal any specific details concerning the type
of abuse or suspect information. The staff member should be instructed not to discuss the facts or
circumstances of the case with the child or participate in the interview. No member of the school
staff can demand to be present at an interview. It is solely up to the child to initiate a request for
support after being told by the officer that he or she has the right to do so.
330.7 STATE MANDATES AND OTHER RELEVANT LAWS
California requires or permits the following:
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330.7.1 RELEASE OF REPORTS
Information related to incidents of child abuse or suspected child abuse shall be confidential and
may only be disclosed pursuant to state law and the Records Maintenance and Release Policy
(Penal Code 841.5; Penal Code § 11167.5).
330.7.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI)
Any person whose name has been forwarded to the California Department of Justice (DOJ) for
placement in California’s CACI, as a result of an investigation, may request that his/her name
be removed from the CACI list. Requests shall not qualify for consideration if there is an active
case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal
Code § 11169). All requests for removal shall be submitted in writing by the requesting person
and promptly routed to the CACI hearing officer.
330.7.3 CACI HEARING OFFICER
The Investigative Services supervisor will normally serve as the hearing officer but must not be
actively connected with the case that resulted in the person’s name being submitted to CACI. Upon
receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to
take place during normal business hours and provide written notification of the time and place of
the hearing to the requesting party.
330.7.4 CACI HEARING PROCEDURES
The hearing is an informal process where the person requesting removal from the CACI list will
be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of
innocence) as to why his/her name should be removed. The person requesting the hearing may
record the hearing at his/her own expense.
Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence
submitted by the person requesting the hearing, any relevant information including, but not limited
to, the following:
(a)Case reports including any supplemental reports
(b)Statements by investigators
(c)Statements from representatives of the District Attorney’s Office
(d)Statements by representatives of a child protective agency who may be familiar with
the case
After considering all information presented, the hearing officer shall make a determination as to
whether the requesting party’s name should be removed from the CACI list. Such determination
shall be based on a finding that the allegations in the investigation are not substantiated (Penal
Code § 11169).
If, after considering the evidence, the hearing officer finds that the allegations are not
substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the
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person’s name be removed from the CACI list. A copy of the hearing results and the request for
removal will be attached to the case reports.
The findings of the hearing officer shall be considered final and binding.
330.8 POLICY ISSUE DATE
Updated: 12-8-16
Policy
332
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Missing Persons
332.1 PURPOSE AND SCOPE
This policy provides guidance for handling missing person investigations.
332.1.1 DEFINITIONS
At risk - Includes, but is not limited to (Penal Code § 14215):
•A victim of a crime or foul play.
•A person missing and in need of medical attention.
•A missing person with no pattern of running away or disappearing.
•A missing person who may be the victim of parental abduction.
•A mentally impaired missing person, including cognitively impaired or developmentally
disabled.
Missing person - Any person who is reported missing to law enforcement when the person’s
location is unknown. This includes a child who has been taken, detained, concealed, enticed away
or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who
is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary
habits or behavior, and who may be in need of assistance (Penal Code § 14215).
Missing person networks - Databases or computer networks available to law enforcement and
that are suitable for information related to missing persons investigations. These include the
National Crime Information Center (NCIC), the California Law Enforcement Telecommunications
System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS).
332.2 POLICY
The Palo Alto Police Department does not consider any report of a missing person to be routine
and assumes that the missing person is in need of immediate assistance until an investigation
reveals otherwise. The Palo Alto Police Department gives missing person cases priority over
property-related cases and will not require any time frame to pass before beginning a missing
person investigation (Penal Code § 14211).
332.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS
The Investigative Services supervisor should ensure the forms and kits are developed and
available in accordance with this policy, state law, federal law and the California Peace Officer
Standards and Training (POST) Missing Persons Investigations guidelines, including:
•Department report form for use in missing person cases
•Missing person investigation checklist that provides investigation guidelines and
resources that could be helpful in the early hours of a missing person investigation
(Penal Code § 13519.07)
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•Missing person school notification form
•Medical records release form from the California Department of Justice
•California DOJ missing person forms as appropriate
•Biological sample collection kits
332.4 ACCEPTANCE OF REPORTS
Any member encountering a person who wishes to report a missing person or runaway shall
render assistance without delay (Penal Code § 14211). This can be accomplished by accepting
the report via telephone or in-person and initiating the investigation. Those members who do not
take such reports or who are unable to render immediate assistance shall promptly dispatch or
alert a member who can take the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where
the person resides or any other question of jurisdiction (Penal Code § 14211).
332.5 INITIAL INVESTIGATION
Officers or other members conducting the initial investigation of a missing person should take the
following investigative actions, as applicable:
(a)Respond to a dispatched call for service as soon as practicable.
(b)Interview the reporting party and any witnesses to determine whether the person
qualifies as a missing person and, if so, whether the person may be at risk.
(c)Notify a supervisor immediately if there is evidence that a missing person is either at
risk or may qualify for a public alert, or both (see the Public Alerts Policy).
(d)Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years
of age or there is evidence that the missing person is at risk. The BOLO should be
broadcast as soon as practicable but in no event more than one hour after determining
the missing person is under 21 years of age or may be at risk (Penal Code § 14211).
(e)Ensure that entries are made into the appropriate missing person networks as follows:
1.Immediately, when the missing person is at risk.
2.In all other cases, as soon as practicable, but not later than two hours from the
time of the initial report.
(f)Complete the appropriate report forms accurately and completely and initiate a search
as applicable under the facts.
(g)Collect and/or review:
1.A photograph and a fingerprint card of the missing person, if available.
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2.A voluntarily provided biological sample of the missing person, if available (e.g.,
toothbrush, hairbrush).
3.Any documents that may assist in the investigation, such as court orders
regarding custody.
4.Any other evidence that may assist in the investigation, including personal
electronic devices (e.g., cell phones, computers).
(h)When circumstances permit and if appropriate, attempt to determine the missing
person’s location through his/her telecommunications carrier.
(i)Contact the appropriate agency if the report relates to a previously made missing
person report and another agency is actively investigating that report. When this
is not practical, the information should be documented in an appropriate report for
transmission to the appropriate agency. If the information relates to an at-risk missing
person, the member should notify a supervisor and proceed with reasonable steps to
locate the missing person.
332.6 REPORT PROCEDURES AND ROUTING
Employees should complete all missing person reports and forms promptly and advise the
appropriate supervisor as soon as a missing person report is ready for review.
332.6.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of the supervisor shall include, but are not limited to:
(a)Reviewing and approving missing person reports upon receipt.
1.The reports should be promptly sent to the Technical Services Division.
(b)Ensuring resources are deployed as appropriate.
(c)Initiating a command post as needed.
(d)Ensuring applicable notifications and public alerts are made and documented.
(e)Ensuring that records have been entered into the appropriate missing persons
networks.
(f)Taking reasonable steps to identify and address any jurisdictional issues to ensure
cooperation among agencies.
If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer
of the case to the agency of jurisdiction.
332.6.2 TECHNICAL SERVICES DIVISION RESPONSIBILITIES
The receiving member shall:
(a)As soon as reasonable under the circumstances, notify and forward a copy of the
report to the law enforcement agency having jurisdiction over the missing person’s
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residence in cases where the missing person is a resident of another jurisdiction (Penal
Code § 14211).
(b)Notify and forward a copy of the report to the law enforcement agency in whose
jurisdiction the missing person was last seen (Penal Code § 14211).
(c)Notify and forward a copy of the report to the law enforcement agency having
jurisdiction over the missing person’s intended or possible destination, if known.
(d)Forward a copy of the report to the Investigative Services.
(e)Coordinate with the NCIC Terminal Contractor for California to have the missing
person record in the NCIC computer networks updated with additional information
obtained from missing person investigations (42 USC § 5780).
332.7 INVESTIGATIVE SERVICES FOLLOW-UP
In addition to completing or continuing any actions listed above, the investigator assigned to a
missing person investigation:
(a)Shall ensure that the missing person’s school is notified within 10 days if the missing
person is a juvenile.
1.The notice shall be in writing and should also include a photograph (Education
Code § 49068.6).
2.The investigator should meet with school officials regarding the notice as
appropriate to stress the importance of including the notice in the child’s student
file, along with contact information if the school receives a call requesting the
transfer of the missing child’s files to another school.
(b)Should recontact the reporting person and/or other witnesses within 30 days of the
initial report and within 30 days thereafter to determine if any additional information
has become available via the reporting party.
(c)Should consider contacting other agencies involved in the case to determine if any
additional information is available.
(d)Shall verify and update CLETS, NCIC and any other applicable missing person
networks within 30 days of the original entry into the networks and every 30 days
thereafter until the missing person is located (42 USC § 5780).
(e)Should continue to make reasonable efforts to locate the missing person and
document these efforts at least every 30 days.
(f)Shall maintain a close liaison with state and local child welfare systems and the
National Center for Missing and Exploited Children® (NCMEC) if the missing person
is under the age of 21 and shall promptly notify NCMEC when the person is missing
from a foster care family home or childcare institution (42 USC § 5780).
(g)Should make appropriate inquiry with the [Medical Examiner/JOP].
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(h)Should obtain and forward medical and dental records, photos, X-rays and biological
samples pursuant to Penal Code § 14212 and Penal Code § 14250.
(i)Shall attempt to obtain the most recent photograph for persons under 18 years of
age if it has not previously been obtained and forward the photograph to California
DOJ (Penal Code § 14210) and enter the photograph into applicable missing person
networks (42 USC § 5780).
(j)Should consider making appropriate entries and searches in the National Missing and
Unidentified Persons System (NamUs).
(k)In the case of an at-risk missing person or a person who has been missing for an
extended time, should consult with a supervisor regarding seeking federal assistance
from the FBI and the U.S. Marshals Service (28 USC § 586).
332.8 WHEN A MISSING PERSON IS FOUND
When any person reported missing is found, the assigned investigator shall document the
location of the missing person in the appropriate report, notify the relatives and/or reporting
party, as appropriate, and other involved agencies and refer the case for additional investigation
if warranted.
The Records Manager shall ensure that, upon receipt of information that a missing person has
been located, the following occurs (Penal Code § 14213):
(a)Notification is made to California DOJ.
(b)The missing person’s school is notified.
(c)Entries are made in the applicable missing person networks.
(d)Immediately notify the Attorney General’s Office.
(e)Notification shall be made to any other law enforcement agency that took the initial
report or participated in the investigation within 24 hours.
332.8.1 UNIDENTIFIED PERSONS
Department members investigating a case of an unidentified person who is deceased or a living
person who cannot assist in identifying him/herself should:
(a)Obtain a complete description of the person.
(b)Enter the unidentified person’s description into the NCIC Unidentified Person File.
(c)Use available resources, such as those related to missing persons, to identify the
person.
332.9 CASE CLOSURE
The Investigative Services supervisor may authorize the closure of a missing person case after
considering the following:
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(a)Closure is appropriate when the missing person is confirmed returned or evidence has
matched an unidentified person or body.
(b)If the missing person is a resident of Palo Alto or this department is the lead agency,
the case should be kept under active investigation for as long as the person may still
be alive. Exhaustion of leads in the investigation should not be a reason for closing
a case.
(c)If this department is not the lead agency, the case can be made inactivate if all
investigative leads have been exhausted, the lead agency has been notified and
entries are made in the applicable missing person networks as appropriate.
(d)A missing person case should not be closed or reclassified because the person would
have reached a certain age or adulthood or because the person is now the subject
of a criminal or civil warrant.
332.10 POLICY ISSUE DATE
Update: 12-8-16
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Public Alerts
334.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for alerting the public to important information
and soliciting public aid when appropriate.
334.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television
and press organizations and other groups to notify the public of incidents, or enlist the aid of the
public, when the exchange of information may enhance the safety of the community. Various types
of alerts may be available based upon each situation and the alert system’s individual criteria.
334.3 RESPONSIBILITIES
334.3.1 EMPLOYEE RESPONSIBILITIES
Employees of the Palo Alto Police Department should notify their supervisor, Watch Commander
or Investigative Services Supervisor as soon as practicable upon learning of a situation where
public notification, a warning or enlisting the help of the media and public could assist in locating
a missing person, apprehending a dangerous person or gathering information.
334.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor apprised of the need for a public alert is responsible to make the appropriate
notifications based upon the circumstances of each situation. The supervisor shall promptly notify
the Chief of Police, the appropriate Division Captain and the Press Information Officer when any
public alert is generated.
The supervisor in charge of the investigation to which the alert relates is responsible for the
following:
(a)Updating alerts
(b)Canceling alerts
(c)Ensuring all appropriate reports are completed
(d)Preparing an after-action evaluation of the investigation to be forwarded to the Division
Captain
334.4 AMBER ALERTS
The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies,
broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in
child abduction cases.
334.4.1 CRITERIA FOR AMBER ALERT
The following conditions must be met before activating an AMBER Alert (Government Code
§ 8594(a)):
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(a)A child has been abducted or taken by anyone, including but not limited to a custodial
parent or guardian.
(b)The victim is 17 years of age or younger, or has a proven mental or physical disability.
(c)The victim is in imminent danger of serious injury or death.
(d)There is information available that, if provided to the public, could assist in the child’s
safe recovery.
334.4.2 PROCEDURE FOR AMBER ALERT
The supervisor in charge will ensure the following:
(a)An initial press release is prepared that includes all available information that might
aid in locating the child:
1.The child’s identity, age and description
2.Photograph if available
3.The suspect’s identity, age and description, if known
4.Pertinent vehicle description
5.Detail regarding location of incident, direction of travel, potential destinations,
if known
6.Name and telephone number of the Press Information Officer or other authorized
individual to handle media liaison
7.A telephone number for the public to call with leads or information
(b)The local California Highway Patrol communications center should be contacted
to initiate a multi-regional or statewide EAS broadcast, following any policies and
procedures developed by CHP (Government Code § 8594).
(c)The press release information is forwarded to the Sheriff’s Department Emergency
Communications Bureau so that general broadcasts can be made to local law
enforcement agencies.
(d)Information regarding the missing person should be entered into the California Law
Enforcement Telecommunication System (CLETS).
(e)Information regarding the missing person should be entered into the California
Department of Justice Missing and Unidentified Persons System (MUPS)/National
Crime Information Center (NCIC).
(f)The following resources should be considered as circumstances dictate:
1.The local FBI office
2.National Center for Missing and Exploited Children (NCMEC)
334.5 BLUE ALERTS
Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose
a threat to the public or other law enforcement personnel.
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334.5.1 CRITERIA FOR BLUE ALERTS
All of the following conditions must be met before activating a Blue Alert (Government Code §
8594.5):
(a)A law enforcement officer has been killed, suffered serious bodily injury or has been
assaulted with a deadly weapon, and the suspect has fled the scene of the offense.
(b)The investigating law enforcement agency has determined that the suspect poses an
imminent threat to the public or other law enforcement personnel.
(c)A detailed description of the suspect’s vehicle or license plate is available for
broadcast.
(d)Public dissemination of available information may help avert further harm or accelerate
apprehension of the suspect.
334.5.2 PROCEDURE FOR BLUE ALERT
The supervisor in charge should ensure the following:
(a)An initial press release is prepared that includes all available information that might
aid in locating the suspect:
1.The license number and/or any other available description or photograph of the
vehicle
2.Photograph, description and/or identification of the suspect
3.The suspect’s identity, age and description, if known
4.Detail regarding location of incident, direction of travel, potential destinations,
if known
5.Name and telephone number of the Press Information Officer or other authorized
individual to handle media liaison
6.A telephone number for the public to call with leads or information
(b)The local California Highway Patrol communications center is contacted to initiate a
multi-regional or statewide EAS broadcast.
(c)The information in the press release is forwarded to the Sheriff’s Department
Emergency Communications Bureau so that general broadcasts can be made to local
law enforcement agencies.
(d)The following resources should be considered as circumstances dictate:
1.Entry into the California Law Enforcement Telecommunication System (CLETS)
2.The FBI local office
334.6 SILVER ALERTS
Silver Alerts® is an emergency notification system for people who are 65 years of
age or older, developmentally disabled or cognitively impaired and have been reported
missing (Government Code § 8594.10).
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334.6.1 CRITERIA FOR SILVER ALERTS
All of the following conditions must be met before activating a Silver Alert (Government Code §
8594.10):
(a)The missing person is 65 years of age or older, developmentally disabled or cognitively
impaired.
(b)The [department/office] has utilized all available local resources.
(c)The investigating officer or supervisor has determined that the person is missing under
unexplained or suspicious circumstances.
(d)The investigating officer or supervisor believes that the person is in danger because
of age, health, mental or physical disability, environment or weather conditions, that
the person is in the company of a potentially dangerous person, or that there are other
factors indicating that the person may be in peril.
(e)There is information available that, if disseminated to the public, could assist in the
safe recovery of the missing person.
334.6.2 PROCEDURE FOR SILVER ALERT
Requests for a Silver Alert shall be made through the California Highway Patrol (Government
Code § 8594.10).
334.7 POLICY ISSUE DATE
06-26-16
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Victim and Witness Assistance
336.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.
336.2 POLICY
The Palo Alto Police Department is committed to providing guidance and assistance to the victims
and witnesses of crime. The members of the Palo Alto Police Department will show compassion
and understanding for victims and witnesses and will make reasonable efforts to provide the
support and information identified in this policy.
336.3 CRIME VICTIM LIAISON
The Chief of Police shall appoint a member of the [Department/Office] to serve as the crime victim
liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring
further assistance or information from the Palo Alto Police Department regarding benefits from
crime victim resources. This person shall also be responsible for maintaining compliance with all
legal mandates related to crime victims and/or witnesses.
336.3.1 CRIME VICTIM LIAISON DUTIES
The crime victim liaison is specifically tasked with the following:
(a)Developing and implementing written procedures for notifying and providing forms for
filing with the California Victim Compensation Board (CalVCB) to crime victims, their
dependents, or family. Access to information or an application for victim compensation
shall not be denied based on the victim’s or derivative victim’s designation as a gang
member, associate, or affiliate, or on the person’s documentation or immigration status
(Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36).
(b)Responding to inquiries concerning the procedures for filing a claim with CalVCB (2
CCR 649.36).
(c)Providing copies of crime reports requested by CalVCB or victim witness assistance
centers. Disclosure of reports must comply with the Records Maintenance and
Release Policy.
(d)Annually providing CalVCB with his/her contact information (Government Code §
13962).
(e)Developing in consultation with sexual assault experts a sexual assault victim card
explaining the rights of victims under California law (Penal Code § 680.2).
1.Ensuring that sufficient copies of the rights of sexual assault victim card are
provided to each provider of medical evidentiary examinations or physical
examinations arising out of sexual assault in the Palo Alto Police Department
jurisdiction (Penal Code § 680.2).
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336.4 CRIME VICTIMS
Officers should provide all victims with the applicable victim information handouts.
Officers should never guarantee a victim’s safety from future harm but may make practical safety
suggestions to victims who express fear of future harm or retaliation. Officers should never
guarantee that a person qualifies as a victim for the purpose of compensation or restitution but
may direct him/her to the proper written department material or available victim resources.
336.4.1 VICTIMS OF HUMAN TRAFFICKING
Officers investigating or receiving a report involving a victim of human trafficking shall inform the
victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim
the names and images of the victim and his/her immediate family members may be withheld from
becoming a matter of public record until the conclusion of the investigation or prosecution (Penal
Code § 293).
Refer to Santa Clara County Protocol Section 17.
336.5 VICTIM INFORMATION
The Administrative Services Supervisor shall ensure that victim information handouts are available
and current. These should include as appropriate:
(a)Shelters and other community resources for victims of domestic violence.
(b)Community resources for victims of sexual assault.
(c)Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic
medical exams, and information about evidence collection, storage and preservation in
sexual assault cases (34 USC § 10449; 34 USC § 20109; Penal Code § 13823.95(a)).
(d)An explanation that victims of sexual assault who seek a medical evidentiary
examination shall not be required to participate or agree to participate in the criminal
justice system, either prior to the examination or at any other time (Penal Code §
13823.95(b)).
(e)An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(f)A clear explanation of relevant court orders and how they can be obtained.
(g)Information regarding available compensation for qualifying victims of crime
(Government Code § 13962).
(h)VINE® information (Victim Information and Notification Everyday), including the
telephone number and whether this free service is available to allow victims to check
on an offender’s custody status and to register for automatic notification when a person
is released from jail.
(i)Notice regarding U Visa and T Visa application processes.
(j)Resources available for victims of identity theft.
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(k)A place for the officer’s name, badge number and any applicable case or incident
number.
(l)The "Victims of Domestic Violence" card containing the names, phone numbers or
local county hotlines of local shelters for battered women and rape victim counseling
centers within the county and their 24-hour counseling service telephone numbers
(Penal Code § 264.2).
(m)The rights of sexual assault victims card with the required information as provided in
Penal Code § 680.2.
(n)Any additional information required by state law (Penal Code § 13701; Penal Code §
679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026).
336.6 WITNESSES
Officers should never guarantee a witness' safety from future harm or that his/her identity will
always remain confidential. Officers may make practical safety suggestions to witnesses who
express fear of future harm or retaliation.
Officers should investigate allegations of witness intimidation and take enforcement action when
lawful and reasonable.
336.7 POLICY ISSUE DATE
Updated: 12-8-16
Updated 5-2-17
Updated: 10-11-18
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Hate Crimes
338.1 PURPOSE AND SCOPE
The purpose of this policy is to meet or exceed the provisions of Penal Code § 13519.6(c)
and provides members of this [department/office] with guidelines for identifying and investigating
incidents and crimes that may be motivated by hatred or other bias.
338.1.1 DEFINITIONS
Hate crimes - A criminal act committed in whole or in part, because of one or more of the following
actual or perceived characteristics of the victim (Penal Code § 422.55; Penal Code § 422.56;
Penal Code § 422.57):
(a)Disability
(b)Gender
(c)Nationality
(d)Race or ethnicity
(e)Religion
(f)Sexual orientation
(g)Association with a person or group with one or more of these actual or perceived
characteristics
(h)Examples of hate crimes include, but are not limited to:
1.Interfering with, oppressing or threatening any other person in the free exercise
or enjoyment of any right or privilege secured by the constitution or laws because
of one or more of the actual or perceived characteristics of the victim (Penal
Code § 422.6).
2.Defacing a person’s property because of one or more of the actual or perceived
characteristics of the victim (Penal Code § 422.6(b)).
3.Terrorizing a person with a swastika or burning cross (Penal Code § 11411).
4.Vandalizing a place of worship (Penal Code § 594.3).
The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal
hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation,
gender identity or disability (18 USC § 249).
Victim - Includes, but is not limited to, a community center, educational facility, entity, family,
group, individual, office, meeting hall, person, place of worship, private institution, public agency,
library or other victim or intended victim of the offense (Penal Code § 422.56).
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338.2 POLICY
The Palo Alto Police Department recognizes and places a high priority on the rights of all
individuals guaranteed under the state and federal constitution and incorporated in state and
federal law.
The Palo Alto Police Department hate crimes policy is drafted in accordance with the Santa Clara
County Protocols. Personnel are required to read and follow the additional guidelines set forth
in the Santa Clara County Protocols Section 10 - Santa Clara County Law Enforcement Policy
Statement Regarding Hate Crimes.
338.3 PREVENTION AND PREPARATION
While it is recognized that not all crime can be prevented, this [department/office] is committed to
taking a proactive approach to preventing and preparing for likely hate crimes by, among other
things:
(a)Make an affirmative effort to establish contact with persons and groups within the
community who are likely targets of hate crimes and forming networks that address
prevention and response.
(b)Accessing assistance by, among other things, activating the California Department of
Justice Hate Crime Rapid Response Protocol when necessary.
(c)Providing victim assistance and community follow-up as outlined below.
(d)Educating community and civic groups about hate crime laws.
(e)Establishing a community relations liaison to work with community organizations and
leaders to coordinate public meetings, local group meetings and school assemblies
on recognizing, preparing for and preventing hate crimes.
338.3.1 REPORTING
Hate crime laws have been upheld by the United States Supreme Court as constitutional, and
not a violation of ones first amendment right to speech, when the speech incites/encourages hate
motivated violence or crime. Penal Code §415.3 also addresses the use of offensive words in
public, which will provoke immediate violent reaction. The victims of bias related crime, and the
communities we serve expect and deserve swift response, thorough investigation, apprehension
of suspects, and prosecution of suspects, when it comes to reported bias incidents. Finally, even if
no crime can be attached to reported biased related behavior, a hate incident investigation should
be initiated, perpetrators and/or the group they are associated with should be identified, and a
report should be completed. Hate crimes are important to document and to differentiate from other
forms of crime because of their uniquely violent and assault characteristic, the trauma sustained
by the victims, the threat they pose to community stability, and the potential for community unrest.
Other concepts to consider when investigating bias related incidents/crimes:
(a)Bias related vandalisms must involve a specific target, such as an individual, property
of an individual, or residence in order to charge Penal Code §422.6.
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(b)Vandalisms which are bias in nature associated with a private institution or public
agency (houses of worship, religious/ethnic organizations or businesses, etc.) must
be a felony ($400.00) in nature for a hate crime to be charged. All other bias related
vandalisms would be labeled hate related incidents.
(c)Obscene or threatening phone calls when containing threats, derogatory content, slurs
directed at one who is a member or suspected of being a member of a protected class
as defined in the definition of hate crime in this general order are to be considered
bias crimes.
When an incident is determined to be prejudice based in nature, the officer will list the offense
as a Hate Crime. The classification will be one of the following: Interfere w/ another's civil rights,
battery, assault w/ a deadly weapon, desecration, vandalism, other (incident in nature, leafleting
w/out a permit, etc.)
338.4 INVESTIGATIONS
Whenever any member of this [department/office] receives a report of a suspected hate crime or
other activity that reasonably appears to involve a potential hate crime, the following should occur:
(a)Assigned officers should promptly contact the victim, witness or reporting party to
investigate the matter further as circumstances may dictate
(b)A supervisor should be notified of the circumstances as soon as practical.
(c)Once in-progress aspects of any such situation have been stabilized (e.g., treatment
of victims, apprehension of suspects at the scene), the assigned officers should take
all reasonable steps to preserve evidence that establishes a possible hate crime.
(d)Based upon available information, officers should take appropriate action to mitigate
further injury or damage to potential victims or the community.
1.Officers should contact the property owner to remove any evidence that cannot
be physically removed (i.e., painted words or signs on a wall) by the officer once
the offense is documented.
(e)The assigned officers should interview available witnesses, victims and others to
determine what circumstances, if any, indicate that the situation may involve a hate
crime.
1.No victim of or a witness to a hate crime who is not otherwise charged with
or convicted of a crime under state law may be detained for or turned over to
federal authorities exclusively for any actual or suspected immigration violation
(Penal Code § 422.93(b))
2.Statements of victims and witnesses should be audio or video recorded if
practicable (see the Portable Audio/Video Recorders Policy).
(f)Depending on the situation, the assigned officers or supervisor may request additional
assistance from detectives or other resources.
(g)The assigned officers should include all available evidence indicating the likelihood of
a hate crime in the relevant reports. All related reports should be clearly marked as
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“Hate Crimes” and, absent prior approval of a supervisor, should be completed and
submitted by the assigned officers before the end of the shift.
(h)The assigned officers will provide the victims of any suspected hate crime with a
brochure on hate crimes (Penal Code § 422.92). Such brochures will also be available
to members of the general public upon request. The assigned officers should also
make reasonable efforts to assist the victims by providing available information on
local assistance programs and organizations.
(i)The assigned officers and supervisor should take reasonable steps to ensure that any
such situation does not escalate further and should provide information to the victim
regarding legal aid (e.g., Possible Temporary Restraining Order through the District
Attorney or City Attorney Penal Code § 136.2 or Civil Code § 52.1 as indicated).
338.4.1 INVESTIGATIVE SERVICES RESPONSIBILITY
If a hate crime case is assigned to the Investigative Services, the assigned detective will be
responsible for:
(a)Coordinating further investigation with the District Attorney and other appropriate law
enforcement agencies.
(b)Maintaining contact with the victims and other involved individuals, as needed.
(c)Maintaining statistical data and tracking on suspected hate crimes as indicated for
required reporting to the Attorney General (Penal Code § 13023). See the Technical
Services Division Policy.
(d)Make reasonable efforts to identify additional witnesses.
(e)Utilize available criminal intelligence systems as appropriate (see Criminal
Organizations Policy).
(f)Provide the supervisor and the Press Information Officer ([PIO]) with information that
can be responsibly reported to the media.
1.When appropriate, the [PIO] should reiterate that the hate crime will not be
tolerated and will be taken seriously.
338.4.2 SUPERVISORS RESPONSIBILITY
Field Supervisors who respond to the scene of a reported or suspected hate or bias related crime
should:
(a)Notify the watch commander;
(b)Ensure the elements of the crime/incident are present;
(c)Supervise the preliminary investigation;
(d)Coordinate scene security;
(e)Coordinate plan of action with investigating officer to ensure a thorough investigation,
interviews, and case completion;
(f)Assist in the stabilization of victim(s), if necessary;
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(g)Take steps to insure that the incident does not escalate;
(h)Take steps to insure that the victim and witness receive adequate neighborhood
protection via TRO's, patrol checks, etc. when necessary;
(i)Notify PIO. Approval should be obtained from a Captain or the Police Chief prior to
the release of information;
(j)Insure proper and thorough collection of evidence.
338.4.3 RECORDS UNIT
The Records Unit insures that state and federal justice Departments receive reports of hate crimes
and hate incidents, which occur within the jurisdiction of Palo Alto.
The Records Unit will maintain statistical data on suspected hate crimes and tracking as indicated
and report such data to the Attorney General upon request pursuant to Penal Code § 13023.
338.4.4 SUPERVISOR RESPONSIBILITY
The supervisor should confer with the initial responding officers to identify reasonable and
appropriate preliminary actions. The supervisor should:
(a)Review related reports to verify whether the incident is appropriately classified as a
hate crime for federal and state bias crime-reporting purposes.
(b)Notify other appropriate personnel in the chain of command, depending on the nature
and seriousness of the offense and its potential inflammatory and related impact on
the community.
338.5 TRAINING
All members of this [department/office] will receive POST-approved training on hate crime
recognition and investigation as provided by Penal Code § 13519.6. Training should also include
recognition of bias motivators such as ranges of attitudes and perceptions toward a specific
characteristic or group.
338.6 POLICY ISSUE DATE
Updated: 12-8-16
Updated: 5-3-17
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Standards of Conduct
340.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of
the Palo Alto Police Department and are expected of all department members. The standards
contained in this policy are not intended to be an exhaustive list of requirements and prohibitions
but they do identify many of the important matters concerning conduct. In addition to the provisions
of this policy, members are subject to all other provisions contained in this manual, as well as
any additional guidance on conduct that may be disseminated by this department or a member’s
supervisors.
340.2 POLICY
The continued employment or appointment of every member of the Palo Alto Police Department
shall be based on conduct that reasonably conforms to the guidelines set forth herein, together
with the City's Merit Rules and Regulations Failure to meet the guidelines set forth in this policy,
whether on- or off-duty, may be cause for disciplinary action.
340.3 DIRECTIVES AND ORDERS
Members shall comply with lawful directives and orders from any department supervisor or person
in a position of authority, absent a reasonable and bona fide justification.
340.3.1 UNLAWFUL ORDERS
Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a
violation of any law or department policy. Supervisors should not issue orders that conflict with
any previous order without making reasonable clarification that the new order is intended to
countermand the earlier order.
No member is required to obey any order that appears to be in direct conflict with any federal
law, state law or local ordinance. Following a known unlawful order is not a defense and does not
relieve the member from criminal or civil prosecution or administrative discipline. If the legality of
an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or
shall confer with a higher authority. The responsibility for refusal to obey rests with the member,
who shall subsequently be required to justify the refusal.
340.3.2 SUPERVISOR RESPONSIBILITIES
Supervisors and managers are required to follow all policies and procedures and may be subject
to discipline for:
(a)Failure of a supervisor to take appropriate action to ensure that employees adhere to
the policies and procedures of this department and the actions of all personnel comply
with all laws.
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(b)Failure to promptly and fully report any known misconduct of a member to his/her
immediate supervisor or to document such misconduct appropriately or as required
by policy.
(c)Directing a subordinate to violate a policy or directive, acquiesce to such a violation,
or are indifferent to any such violation by a subordinate.
(d)The unequal or disparate exercise of authority on the part of a supervisor toward any
member for malicious or other improper purpose.
340.4 GENERAL STANDARDS
Members shall conduct themselves, whether on- or off-duty, in accordance with the United States
and California Constitutions and all applicable laws, ordinances and rules enacted or established
pursuant to legal authority.
Members shall familiarize themselves with policies and procedures and are responsible for
compliance with each. Members should seek clarification and guidance from supervisors in the
event of any perceived ambiguity or uncertainty.
Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule
violation be cited to sustain discipline. This policy is not intended to cover every possible type of
misconduct.
340.5 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every
possible type of misconduct and does not preclude the recommendation of disciplinary action
for violation of other rules, standards, ethics and specific action or inaction that is detrimental to
efficient department service:
340.5.1 LAWS, RULES AND ORDERS
(a)Violation of, or ordering or instructing a subordinate to violate any policy, procedure,
rule, order, directive, requirement or failure to follow instructions contained in
department or City manuals.
(b)Disobedience of any legal directive or order issued by any department member of a
higher rank.
(c)Violation of federal, state, local or administrative laws, rules or regulations.
340.5.2 ETHICS
(a)Using or disclosing one’s status as a member of the Palo Alto Police Department in any
way that could reasonably be perceived as an attempt to gain influence or authority
for non-department business or activity.
(b)The wrongful or unlawful exercise of authority on the part of any member for malicious
purpose, personal gain, willful deceit or any other improper purpose.
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(c)The receipt or acceptance of a reward, fee or gift from any person for service incident
to the performance of the member's duties or contrary to the laws of this state. (lawful
subpoena fees and authorized work permits excepted).
(d)Offer or acceptance of a bribe or gratuity.
(e)Misappropriation or misuse of public funds, property, personnel or services.
(f)Any other failure to abide by the standards of ethical conduct.
340.5.3 EFFICIENCY
(a)Neglect of duty.
(b)Unsatisfactory work performance including, but not limited to, failure, incompetence,
inefficiency or delay in performing and/or carrying out proper orders, work assignments
or the instructions of supervisors without a reasonable and bona fide excuse.
(c)Concealing, attempting to conceal, removing or destroying defective or incompetent
work.
(d)Unauthorized sleeping during on-duty time or assignments.
(e)Failure to notify the Department within 24 hours of any change in residence address,
contact telephone numbers or marital status (if other person is a department
employee).
340.5.4 PERFORMANCE
(a)Failure to disclose or misrepresenting material facts, or making any false or misleading
statement on any application, examination form, or other official document, report or
form, or during the course of any work-related investigation.
(b)The falsification of any work-related records, making misleading entries or statements
with the intent to deceive or the willful and unauthorized removal, alteration,
destruction and/or mutilation of any department record, public record, book, paper or
document.
(c)Failure to participate in, or giving false or misleading statements, or misrepresenting or
omitting material information to a supervisor or other person in a position of authority,
in connection with any investigation or in the reporting of any department-related
business.
(d)Being untruthful or knowingly making false, misleading or malicious statements that
are reasonably calculated to harm the reputation, authority or official standing of this
department or its members.
(e)Disparaging remarks or conduct concerning duly constituted authority to the extent
that such conduct disrupts the efficiency of this department or subverts the good order,
efficiency and discipline of this department or that would tend to discredit any of its
members.
(f)Unlawful gambling or unlawful betting at any time or any place. Legal gambling or
betting under any of the following conditions:
1.While on department premises.
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2.At any work site, while on-duty or while in uniform, or while using any department
equipment or system.
3.Gambling activity undertaken as part of an officer official duties and with the
express knowledge and permission of a direct supervisor is exempt from this
prohibition.
(g)Improper political activity including:
1.Unauthorized attendance while on-duty at official legislative or political sessions.
2.Solicitations, speeches or distribution of campaign literature for or against any
political candidate or position while on-duty or, on department property except
as expressly authorized by City policy, the memorandum of understanding, or
the Chief of Police.
(h)Engaging in political activities during assigned working hours except as expressly
authorized by City policy, the memorandum of understanding, or the Chief of Police.
(i)Any act on- or off-duty that brings discredit to this department.
(j)Seeking restraining orders against individuals encountered in the line of duty without
the express permission of the Chief of Police.
(k)Failure to identify yourself by name and employee number when requested to do so
by any member of the public.
340.5.5 CONDUCT
(a)Failure of any member to promptly and fully report activities on his/her part or the
part of any other member where such activities resulted in contact with any other law
enforcement agency or that may result in criminal prosecution or discipline under this
policy.
(b)Unreasonable and unwarranted force to a person encountered or a person under
arrest.
(c)Exceeding lawful peace officer powers by unreasonable, unlawful or excessive
conduct.
(d)Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily
harm on another.
(e)Engaging in horseplay that reasonably could result in injury or property damage.
(f)Discourteous, disrespectful or discriminatory treatment of any member of the public
or any member of this department or the City.
(g)Use of obscene, indecent or derogatory language while on-duty or in uniform. No
member shall use profane language while on-duty or in uniform, except under limited
circumstances wherein the profane language is used as a deliberate verbal tactic
with the specific intent to gain compliance or avoid a physical confrontation with
an individual who is non-compliant, hostile or aggressive. Once such an individual
complies and/or no longer poses a threat, officers are expected to refrain from
continuing to use profane language.
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(h)Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely
affects the member’s relationship with this department.
(i)Unauthorized possession of, loss of, or damage to department property or the property
of others, or endangering it through carelessness or maliciousness.
(j)Attempted or actual theft of department property; misappropriation or misuse of public
funds, property, personnel or the services or property of others; unauthorized removal
or possession of department property or the property of another person.
(k)Activity that is incompatible with a member’s conditions of employment or appointment
as established by law or that violates a provision of any memorandum of understanding
or contract to include fraud in securing the appointment or hire.
(l)Initiating any civil action for recovery of any damages or injuries incurred in the course
and scope of employment or appointment without first notifying the Chief of Police of
such action.
(m)Any other on- or off-duty conduct which any member knows or reasonably should
know is unbecoming a member of this department, is contrary to good order, efficiency
or morale, or tends to reflect unfavorably upon this department or its members.
340.5.6 SAFETY
(a)Failure to observe or violating department safety standards or safe working practices.
(b)Failure to maintain current licenses or certifications required for the assignment or
position (e.g., driver license, first aid).
(c)Failure to maintain good physical condition sufficient to adequately and safely perform
law enforcement duties.
(d)Unsafe firearm or other dangerous weapon handling and/or storage to include loading
or unloading firearms in an unsafe manner, either on- or off- duty.
(e)Carrying, while on the premises of the work place, any firearm or other lethal weapon
that is not authorized by the member’s appointing authority.
(f)Unsafe or improper driving habits or actions in the course of employment or
appointment.
(g)Any personal action contributing to a preventable traffic collision.
(h)Concealing or knowingly failing to report any on-the-job or work-related accident or
injury as soon as practicable but within 24 hours.
340.5.7 INTOXICANTS
(a)Reporting for work or being at work while intoxicated or when the member’s ability to
perform assigned duties is impaired due to the use of alcohol, medication or drugs,
whether legal, prescribed or illegal.
(b)Possession or use of alcohol at any work site or while on-duty, except as authorized
in the performance of an official assignment. A member who is authorized to consume
alcohol is not permitted to do so to such a degree that it may impair on-duty
performance.
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(c)Unauthorized possession, use of, or attempting to bring a controlled substance, illegal
drug or non-prescribed medication to any work site.
340.5.8 DISCRIMINATION, OPPRESSION OR FAVORITISM
Discriminating against, oppressing or providing favoritism to any person because of age, race,
color, creed, religion, sex, sexual orientation, gender identity or expression, national origin,
ancestry, marital status, physical or mental disability, medical condition or other classification
protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any
right, privilege, power or immunity, knowing the conduct is unlawful.
340.5.9 RELATIONSHIPS
(a)Unwelcome solicitation of a personal or sexual relationship while on-duty or through
the use of one’s official capacity.
(b)Engaging in on-duty sexual activity including, but not limited to, sexual intercourse,
excessive displays of public affection or other sexual contact.
(c)Establishing or maintaining an inappropriate personal or financial relationship, as a
result of an investigation, with a known victim, witness, suspect or defendant while a
case is being investigated or prosecuted, or as a direct result of any official contact.
(d)Associating with or joining a criminal gang, organized crime and/or criminal syndicate
when the member knows or reasonably should know of the criminal nature of the
organization. This includes any organization involved in a definable criminal activity or
enterprise, except as specifically directed and authorized by this department.
(e)Associating on a personal, rather than official basis with persons who demonstrate
recurring involvement in serious violations of state or federal laws after the member
knows, or reasonably should know of such criminal activities, except as specifically
directed and authorized by this department.
340.5.10 ATTENDANCE
(a)Leaving the job to which the member is assigned during duty hours without reasonable
excuse and proper permission and approval.
(b)Unexcused or unauthorized absence or tardiness.
(c)Excessive absenteeism or abuse of leave privileges.
(d)Failure to report to work or to place of assignment at time specified and fully prepared
to perform duties without reasonable excuse.
340.5.11 UNAUTHORIZED ACCESS, DISCLOSURE OR USE
(a)Unauthorized and inappropriate intentional release of confidential or protected
information, materials, data, forms or reports obtained as a result of the member’s
position with this department.
1.Members of this department shall not disclose the name, address or image of
any victim of human trafficking except as authorized by law (Penal Code § 293).
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(b)Disclosing to any unauthorized person any active investigation information.
(c)The use of any information, photograph, video or other recording obtained or accessed
as a result of employment or appointment to this department for personal or financial
gain or without the express authorization of the Chief of Police or the authorized
designee.
(d)Loaning, selling, allowing unauthorized use, giving away or appropriating any Palo
Alto Police Department badge, uniform, identification card or department property for
personal use, personal gain or any other improper or unauthorized use or purpose.
(e)Using department resources in association with any portion of an independent civil
action. These resources include, but are not limited to, personnel, vehicles, equipment
and non-subpoenaed records.
340.6 INVESTIGATION OF DISCIPLINARY ALLEGATIONS
Regardless of the source of an allegation of misconduct, all such matters will be investigated in
accordance with Personnel Complaint Procedure Policy Manual § 1020. Pursuant to Government
Code §§ 3304(d) and 3508.1, the investigation should be completed within one year of the
discovery of the allegation unless such investigation falls within one of the exceptions delineated
within those provisions.
340.7 POST INVESTIGATION PROCEDURES
340.7.1 DIVISION CAPTAIN RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Division Captain of the involved
employee shall review the entire investigative file, the employee's personnel file and any other
relevant materials.
The Division Captain may make recommendations regarding the disposition of any allegations
and the amount of discipline, if any, to be imposed.
(a) Prior to forwarding recommendations to the Chief of Police, the Division Captain may return
the entire investigation to the assigned detective or supervisor for further investigation or action.
(b) When forwarding any written recommendation to the Chief of Police, the Division Captain shall
include all relevant materials supporting the recommendation. Actual copies of an employee's
existing personnel file need not be provided and may be incorporated by reference.
340.7.2 RESPONSIBILITES OF THE CHIEF OF POLICE
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review
the recommendation and all accompanying materials.
The Chief of Police may modify any recommendation and/or may return the file to the Division
Captain for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff,
the Chief of Police, or their designee, shall determine the amount of discipline, if any, to be
recommended.
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In the event disciplinary action is recommended, the Chief of Police shall provide the employee
with written (Skelly) notice of the following information within one year of the date of the discovery
of the alleged misconduct (absent an exception set forth in Government Code § 3304(d) or
Government Code § 3508.1):
(a) Specific charges set forth in separate counts, describing the conduct underlying each count.
(b) A separate recommendation of proposed discipline for each charge.
(c) A statement that the employee has been provided with or given access to all of the materials
considered by the Chief of Police in recommending the proposed discipline.
(d) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving
the Skelly notice.
1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable
extension of time for the employee to respond.
2. If the employee elects to respond orally, the presentation shall be recorded by the Department.
Upon request, the employee shall be provided with a copy of the
recording.
340.8 EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a)This Skelly response is not intended to be an adversarial or formal hearing.
(b)Although the employee may be represented by an uninvolved representative or legal
counsel, the Skelly response is not designed to accommodate the presentation of
testimony or witnesses.
(c)The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
(d)In the event that the Chief of Police elects to cause further investigation to be
conducted, the employee shall be provided with the results of such subsequent
investigation prior to the imposition of any discipline.
(e)The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
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(f)Once the employee has completed his/her Skelly response or, if the employee
has elected to waive any such response, the Chief of Police shall consider all
information received in regard to the recommended discipline. Once the Chief of Police
determines that discipline will be imposed, a timely written decision shall be provided
to the employee within 30 days, imposing, modifying or rejecting the recommended
discipline. In the event of a termination, the final notice of discipline shall also inform
the employee of the reason for termination and the process to receive all remaining
fringe and retirement benefits.
(g)Once the Chief of Police has issued a written decision, the discipline shall become
effective.
340.9 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that an employee tenders a written retirement or resignation prior to the imposition
of discipline, it shall be noted in the file.
The tender of a retirement or resignation by itself shall not serve as grounds for the termination
of pending discipline.
340.10 POST SKELLY PROCEDURE
In situations resulting in the imposition of a suspension, punitive transfer, demotion, termination
of a non-probationary employee, the employee shall have the right to an evidentiary appeal of the
Chief of Police's imposition of discipline pursuant to the operative Memorandum of Understanding
(MOU) or collective bargaining agreement and personnel rules.
During any post-Skelly administrative appeal, evidence that an officer has been placed on a Brady
list or is otherwise subject to Brady restrictions may not be introduced unless the underlying
allegations of misconduct have been independently established. Thereafter, such Brady evidence
shall be limited to determining the appropriateness of penalty. (Government Code § 3305.5).
340.11 DISCIPLINARY ACTION AGAINST PROBATIONARY EMPLOYEES
In the event that a probationary employee is terminated solely for unsatisfactory performance or
the failure to meet department standards, the employee shall have no right to appeal and the
following shall be considered:
(a)Termination of a probationary employee for such failure to pass probation shall be so
reflected in the employee's personnel file
(b)In the event that a probationary employee is disciplined or terminated for misconduct,
the employee shall only be entitled to appeal the decision in the same manner as set
forth in the Skelly procedure as set forth above. This appeal process may be held prior
to or within a reasonable time after the imposition of discipline
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(c)At all times during any investigation of allegations of misconduct involving a
probationary officer, such officer shall be afforded all procedural rights set forth in
Government Code § 3303 and applicable Department policies
(d)A probationary employee's appeal of disciplinary action shall be limited to an
opportunity for the employee to attempt to establish that the underlying allegations
should not be sustained. Nothing in this policy or procedure, however, should be
construed to establish any sort of property interest in or right to the employee's
continuation of employment
(e)The burden of proof for any probationary employee's appeal of disciplinary action shall
rest with the employee and will require proof by a preponderance of the evidence
(f)In the event that a probationary employee meets his or her burden of proof in such
a disciplinary appeal, the Department shall remove all reference to the underlying
allegations of misconduct from the employee's personnel file
(g)In the event that a probationary employee fails to meet his or her burden of proof in
such a disciplinary appeal, the employee shall have no further right to appeal beyond
the Chief of Police
340.12 DISCIPLINARY ACTION AGAINST AT WILL EMPLOYEES
In the event that an at-will employee is disciplined or terminated the employee has no right to
appeal the decision.
340.13 DELEGATION OF AUTHORITY/DISCIPLINARY ACTIONS
The City of Palo Alto Merit System Rules and Regulations, Chapter 10, defines disciplinary action
as discharge, reduction in salary, reprimand, disciplinary probation or suspension.
Authorized management employees are delegated authority under §1003 of the City of Palo Alto
Merit System Rules and Regulations to take disciplinary action for cause against an employee
under his/her command.
Management employees authorized to take disciplinary action are:
(a)Police Chief;
(b)Assistant Police Chief;
(c)Technical Services Coordinator;
(d)Field Services Division Captain;
(e)Investigative Services Division Captain;
(f)Superintendent of Animal Services.
Such disciplinary action shall be limited to the reprimand and disciplinary probation for those
causes defined in §1002 of the City of Palo Alto Merit System Rules and Regulations. For purging
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of an employees disciplinary file refer to City of Palo Alto Merit System Rules and Regulations
§1026.
Policy
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Department Computer Use
342.1 PURPOSE AND SCOPE
This policy describes the use of department computers, software and systems.
342.1.1 PRIVACY POLICY
Any employee utilizing any computer, electronic storage device or media, Internet service, phone
service, information conduit, system or other wireless service provided by or funded by the
Department expressly acknowledges and agrees that the use of such service, whether for
business or personal use, shall remove any expectation of privacy the employee, sender and
recipient of any communication utilizing such service might otherwise have, including as to the
content of any such communication. The Department also expressly reserves the right to access
and audit any and all communications, including content that is sent, received and/or stored
through the use of such service.
342.2 DEFINITIONS
The following definitions relate to terms used within this policy:
Computer System - Shall mean all computers (on-site and portable), hardware, software, and
resources owned, leased, rented, or licensed by the Palo Alto Police Department, which are
provided for official use by agency employees. This shall include all access to, and use of, Internet
Service Providers (ISP) or other service providers provided by or through the agency or agency
funding.
Hardware - Shall include, but is not limited to, computers, computer terminals, network equipment,
modems or any other tangible computer device generally understood to comprise hardware.
Software - Shall include, but is not limited to, all computer programs and applications including
"shareware." This does not include files created by the individual user.
Temporary File or Permanent File or File - Shall mean any electronic document, information or
data residing or located, in whole or in part, whether temporarily or permanently, on the system,
including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters,
reports or messages.
342.3 SYSTEM INSPECTION OR REVIEW
An employee's supervisor has the express authority to inspect or review the system, any and all
temporary or permanent files and related electronic systems or devices, and any contents thereof
when such inspection or review is in the ordinary course of his/her supervisory duties, or based
on cause.
When requested by an employee's supervisor, or during the course of regular duties requiring
such information, a member(s) of the Technical Services Division Staff may extract, download, or
otherwise obtain any and all temporary or permanent files residing or located in or on the system.
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Reasons for inspection or review may include, but are not limited to system malfunctions, problems
or general system failure, a lawsuit against the agency involving the employee, or related to the
employee's duties, an alleged or suspected violation of a department policy, or a need to perform
or provide a service when the employee is unavailable.
342.4 AGENCY PROPERTY
All information, data, documents, communications, and other entries initiated on, sent to or from,
or accessed on any department computer, or through the department computer system on any
other computer, whether downloaded or transferred from the original department computer, shall
remain the exclusive property of the Department and shall not be available for personal or non-
departmental use without the expressed authorization of an employee's supervisor.
342.5 UNAUTHORIZED USE OF SOFTWARE
Employees shall not copy or duplicate any copyrighted or licensed software except for a single
copy for backup purposes in accordance with the software company's copyright and license
agreement. To reduce the risk of computer virus or malicious software infection, employees shall
not install any unlicensed or unauthorized software on any department computer. Employees shall
not install personal copies of any software onto any department computer. Any files or software
that an employee finds necessary to upload onto a department computer or network shall be done
so only with the approval of the department IT specialist and only after being properly scanned
for malicious attachments.
No employee shall knowingly make, acquire or use unauthorized copies of computer software
not licensed to the agency while on agency premises or on an agency computer system. Such
unauthorized use of software exposes the agency and involved employees to severe civil and
criminal penalties.
342.6 PROHIBITED AND INAPPROPRIATE USE
Access to department technology resources including Internet access provided by or through the
Department shall be strictly limited to department-related business activities. Data stored on, or
available through department systems shall only be accessed by authorized employees who are
engaged in an active investigation, assisting in an active investigation, or who otherwise have
a legitimate law enforcement or department business related purpose to access such data. Any
exceptions to this policy must be approved by a supervisor.
An Internet site containing information that is not appropriate or applicable to departmental use and
which shall not be intentionally accessed include, but are not limited to, adult forums, pornography,
chat rooms and similar or related Web sites. Certain exceptions may be permitted with the approval
of a supervisor as a function of an assignment.
Downloaded information shall be limited to messages, mail and data files, which shall be subject
to audit and review by the Department without notice. No copyrighted and/or unlicensed software
program files may be downloaded.
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Employees shall report any unauthorized access to the system or suspected intrusion from outside
sources (including the Internet) to a supervisor.
Employees shall not access or use other employees department email address as a joke or
otherwise, without authorization. Employees who violate this policy will be subject to discipline
and/or criminal prosecution where applicable.
342.7 PROTECTION OF AGENCY SYSTEMS AND FILES
All employees have a duty to protect the system and related systems and devices from physical
and environmental damage and are responsible for the correct use, operation, care, and
maintenance of the system.
It is expressly prohibited for an employee to allow an unauthorized user to access the system at
any time or for any reason.
Policy
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Report Preparation
344.1 PURPOSE AND SCOPE
Report preparation is a major part of each officer's job. The purpose of reports is to document
sufficient information to refresh the officer’s memory and to provide sufficient information for follow-
up investigation and successful prosecution. Report writing is the subject of substantial formalized
training and on-the-job training.
344.1.1 REPORT PREPARATION
Employees should ensure that reports are sufficiently detailed for their purpose and free from
errors prior to submission. It is the responsibility of the assigned employee to complete and submit
all reports taken during the shift before going off-duty unless permission to hold the report has
been approved by a supervisor. Generally, reports requiring prompt follow-up action on active
leads, or arrest reports where the suspect remains in custody should not be held.
Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee
will be required by the reviewing supervisor to promptly make corrections and resubmit the report.
Employees who dictate reports shall use appropriate grammar, as content is not the responsibility
of the typist. Employees who generate reports on computers are subject to all requirements of
this policy.
All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard or assimilated by any other sense, and any actions taken. Employees shall not
suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false
report orally or in writing. Generally, the reporting employee’s opinions should not be included in
reports unless specifically identified as such.
344.2 REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate department
approved form unless otherwise approved by a supervisor.
344.2.1 CRIMINAL ACTIVITY
When a member responds to a call for service, or as a result of self-initiated activity becomes
aware of any activity where a crime has occurred, the member shall document the incident
regardless of whether a victim desires prosecution. Activity to be documented in a written report
includes:
(a)All arrests
(b)All felony crimes
(c)Non-Felony incidents involving threats or stalking behavior
(d)Situations covered by separate policy. These include:
1.Use of Force Policy
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2.Domestic Violence Policy
3.Child Abuse Policy
4.Adult Abuse Policy
5.Hate Crimes Policy
6.Suspicious Activity Reporting Policy
(e)All misdemeanor crimes where the victim desires a report
Misdemeanor crimes where the victim does not desire a report shall be documented using the
department-approved alternative reporting method (e.g., dispatch log).
344.2.2 NON-CRIMINAL ACTIVITY
The following incidents shall be documented using the appropriate approved report:
(a)Anytime an officer points a firearm at any person
(b)Any use of force against any person by a member of this department (see the Use
of Force Policy)
(c)Any firearm discharge (see the Firearms Policy)
(d)Anytime a person is reported missing, regardless of jurisdiction (see the Missing
Persons Policy)
(e)Any found property or found evidence
(f)Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting
Policy)
(g)Suspicious incidents that may indicate a potential for crimes against children or that
a child’s safety is in jeopardy
(h)All protective custody detentions
(i)Suspicious incidents that may place the public or others at risk
(j)Whenever the employee believes the circumstances should be documented or at the
direction of a supervisor
344.2.3 DEATH CASES
Death investigations require specific investigation methods depending on circumstances and
should be handled in accordance with the Death Investigations Policy. The handling officer should
notify and apprise a supervisor of the circumstances surrounding the incident to determine how
to proceed. The following cases shall be appropriately investigated and documented using the
approved report:
(a)Sudden or accidental deaths.
(b)Suicides.
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(c)Homicide or suspected homicide.
(d)Unattended deaths (No physician or qualified hospice care in the 20 days preceding
death).
(e)Found dead bodies or body parts.
344.2.4 INJURY OR DAMAGE BY CITY PERSONNEL
Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally,
reports shall be taken involving damage to City property or City equipment.
344.2.5 MISCELLANEOUS INJURIES
Any injury that is reported to this department shall require a report when:
(a)The injury is a result of drug overdose
(b)Attempted suicide
(c)The injury is major/serious, whereas death could result
(d)The circumstances surrounding the incident are suspicious in nature and it is desirable
to record the event
The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an
employee to document any incident he/she deems necessary.
344.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES
A report shall be taken when any incident in which a child 18 years or younger suffered an
unintentional or self-inflicted gunshot wound. The Technical Services Division shall notify the
California Department of Public Health (CDPH) of the incident, on a form provided by the state.
Forms may be obtained from the CDPH website (Penal Code § 23685).
344.3 GENERAL POLICY OF EXPEDITIOUS REPORTING
In general, all officers and supervisors shall act with promptness and efficiency in the preparation
and processing of all reports. An incomplete report, unorganized reports or reports delayed without
supervisory approval are not acceptable. Reports shall be processed according to established
priorities or according to special priority necessary under exceptional circumstances.
344.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS
Some incidents and report forms lend themselves to block print rather than typing. In general,
the narrative portion of those reports where an arrest is made or when there is a long narrative
should be typed or dictated.
Supervisors may require, with the foregoing general policy in mind, block printing or typing of
reports of any nature for departmental consistency.
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344.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS
County, state and federal agency forms may be block printed as appropriate. In general, the form
itself may make the requirement for typing apparent.
344.4 REPORT CORRECTIONS
Supervisors shall review reports for content and accuracy. If a correction is necessary, the
reviewing supervisor should complete the Report Correction form stating the reasons for rejection.
The original report and the correction form should be returned to the reporting employee for
correction as soon as practical. It shall be the responsibility of the originating officer to ensure that
any report returned for correction is processed in a timely manner.
344.5 REPORT CHANGES OR ALTERATIONS
Reports that have been approved by a supervisor and submitted to the Technical Services Division
for filing and distribution shall not be modified or altered except by way of a supplemental report.
Reviewed reports that have not yet been submitted to the Technical Services Division may be
corrected or modified by the authoring officer only with the knowledge and authorization of the
reviewing supervisor.
Policy
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News Media Relations
346.1 PURPOSE AND SCOPE
This policy provides guidelines for media releases and media access to scenes of disasters,
criminal investigations, emergencies and other law enforcement activities.
346.2 RESPONSIBILITIES
The ultimate authority and responsibility for the release of information to the media shall remain
with the Chief of Police, however, in situations not warranting immediate notice to the Chief of
Police and in situations where the Chief of Police has given prior approval, Division Captains,
Watch Commanders and designated Press Information Officer(s) may prepare and release
information to the media in accordance with this policy and the applicable law.
346.2.1 MEDIA REQUEST
Any media request for information or access to a law enforcement situation shall be referred to the
designated department media representative, or if unavailable, to the first available supervisor.
Prior to releasing any information to the media, employees shall consider the following:
(a)At no time shall any employee of this department make any comment or release
any official information to the media without prior approval from a supervisor or the
designated department media representative;
(b)In situations involving multiple law enforcement agencies, every reasonable effort
should be made to coordinate media releases with the authorized representative of
each involved agency prior to the release of any information by this department;
(c)Under no circumstance should any member of this department make any comment(s)
to the media regarding any law enforcement incident not involving this department
without prior approval of the Chief of Police.
346.3 MEDIA ACCESS
Authorized members of the media shall be provided access to scenes of disasters, criminal
investigations, emergencies and other law enforcement activities subject to the following
conditions (Penal Code § 409.5(d)):
(a)The media representative shall produce valid press credentials that shall be
prominently displayed at all times while in areas otherwise closed to the public.
(b)Media representatives may be prevented from interfering with emergency operations
and criminal investigations.
1.Reasonable effort should be made to provide a safe staging area for the
media that is near the incident and that will not interfere with emergency or
criminal investigation operations. All information released to the media should
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be coordinated through the department Press Information Officer or other
designated spokesperson.
2.Whenever the presence of media or other aircraft pose a threat to public or officer
safety or significantly hampers incident operations, the field supervisor should
consider requesting a Temporary Flight Restriction (TFR). All requests for a
TFR should be routed through the Watch Commander. The TFR request should
include specific information regarding the perimeter and altitude necessary for
the incident and should be requested through the appropriate control tower. If
the control tower is not known, the Federal Aviation Administration should be
contacted (14 CFR 91.137).
(c)No member of this department who is under investigation shall be subjected to media
visits or interviews without the consent of the involved employee (Government Code
§ 3303(e)).
(d)Media interviews with individuals who are in custody should not be permitted without
the approval of the Chief of Police and the express consent of the person in custody.
A tactical operation should be handled in the same manner as a crime scene, except the news
media shall be permitted within the outer perimeter of the scene, subject to any restrictions as
determined by the supervisor in charge. Department members shall not jeopardize a tactical
operation in order to accommodate the news media. All comments to the media shall be
coordinated through a supervisor or the Press Information Officer.
346.3.1 PROVIDING ADVANCE INFORMATION
To protect the safety and rights of officers and other persons, advance information about planned
actions by law enforcement personnel, such as movement of persons in custody or the execution
of an arrest or search warrant, should not be disclosed to the news media, nor should media
representatives be invited to be present at such actions except with the prior approval of the Chief
of Police.
Any exceptions to the above should only be considered for the furtherance of legitimate law
enforcement purposes. Prior to approving any exception the Chief of Police will consider, at
minimum, whether the release of information or presence of the media would unreasonably
endanger any individual, prejudice the rights of any person or is otherwise prohibited by law.
346.4 SCOPE OF INFORMATION SUBJECT TO RELEASE
The Department will maintain a daily information log of significant law enforcement activities that
shall be made available, upon request, to media representatives through the Watch Commander.
This log will generally contain the following information:
(a)The date, time, location, case number, type of crime, extent of injury or loss, and
names of individuals (except confidential informants) involved in crimes occurring
within this jurisdiction unless the release of such information would endanger the
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safety of any individual or jeopardize the successful completion of any ongoing
investigation
(b)The date, time, location, case number, name, birth date and charges for each person
(including police officers) arrested by this department unless the release of such
information would endanger the safety of any individual or jeopardize the successful
completion of any ongoing investigation
(c)The time and location of other significant law enforcement activities or requests for
service with a brief summary of the incident subject to the restrictions of this policy
and applicable law
At no time shall identifying information pertaining to a juvenile arrestee, victim or witness be
publicly released without prior approval of a competent court.
Information concerning incidents involving certain sex crimes and other offenses set forth in
Government Code § 6254(f) shall be restricted in accordance with applicable statutory provisions.
Identifying information concerning deceased individuals shall not be released to the media until
notification of next of kin or otherwise cleared through the Coroner's Office.
Any requests for copies of related reports or additional information not contained in this log shall
be referred to the designated department media representative, the custodian of records, or if
unavailable, to the Watch Commander. Such requests will generally be processed in accordance
with the provisions of the Public Records Act (Government Code § 6250, et seq.)
346.4.1 RESTRICTED INFORMATION
It shall be the responsibility of the authorized employee dealing with media requests to ensure
that restricted information is not inappropriately released to the media by the Department. When
in doubt, authorized and available legal counsel should be obtained. Examples of such restricted
information include, but are not limited to:
(a)Any information that is otherwise privileged or restricted under state or federal law.
Government Code §6254(k);
(b)Confidential peace officer personnel information; (See Policy Manual §1026) 1. The
identities of officers involved in shootings or other major incidents may only be
released to the media pursuant to consent of the involved officer or upon a formal
request filed and processed in accordance with the Public Records Act after 48 hours
of the incident.
(c)Information pertaining to pending litigation involving the Department;
(d)Copies of traffic collision reports (except to the involved parties and their authorized
representatives) (Vehicle Code §20012);
(e)Any confession, admission, or statement of the defendant or suspect with respect to
the crime, or any refusal to make a statement;
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1.The prior criminal record of the defendant or suspect, or his or her reputation or
character in the community, is restricted information, however, prior convictions
alleged in the current criminal complaint may be revealed (as in a "three-strike"
case).
(f)Information that would tend to endanger the safety of any individual or jeopardize the
successful completion of any ongoing investigation;
(g)Any statement expressing a belief in the guilt or innocence of the defendant or suspect,
or a belief that the defendant or suspect will plead guilty;
(h)The identity of a sexual assault or domestic violence victim. Information concerning
incidents involving certain sex crimes and other offenses set forth in Government Code
§6254(f) shall be restricted in accordance with applicable statutory provisions;
(i)The results of any examinations or test, the defendant's or suspect's refusal to submit
to any examination or test such as a DNA, polygraph, blood or urine test, or a lineup;
(j)The availability of the defendant or suspect for photographs or interviews with the
media without a court order;
(k)The subject of a judge's gag order, facts likely to materially prejudice an adjudicative
proceeding such as suppressed evidence, identity of a confidential or citizen informant,
or the pendency of a search pursuant to warrant;
(l)A non-public and confidential Grand Jury proceeding;
(m)Identifying information concerning deceased individuals shall not be released to
the media until notification of next of kin or until otherwise cleared by the Medical
Examiner-Coroner;
(n)Juvenile matters are considered confidential pursuant to Welfare & Institutions Code
§827 and §828, with the following exceptions:
1.Warrant Outstanding: A law enforcement agency may release the name,
description, and the alleged offense of any minor alleged to have committed a
violent offense, as defined in Penal Code §667.5(c), if a warrant for the minor's
arrest is outstanding and the release of this information would assist in the
apprehension of the minor or protection of public safety (Welfare & Institutions
Code §827.6(a));
2.After Arrest: A law enforcement agency, following the minor's arrest, may
disclose the name of any minor 14 years of age or older who was taken
into custody for the commission of any serious felony, as defined Penal Code
§1192.7(c). The agency can also release the offenses allegedly committed by
that minor (Welfare & Institutions Code §827.5(a));
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3.Open Court: Information regarding serious felonies described in Welfare and
Institutions Code §676 may be disclosed if that information was elicited in open
court and could be heard or observed by the news media;
4.After Petition Sustained: The name of the minor, 14 years of age or older,
charged with the commission of Penal Code §667.5 or §1192.7(c) crimes, may
be disclosed after the petition is sustained (Welfare & Institutions Code §204.5);
The name of a minor, the charging petition, the minutes of the proceedings, and the orders of
adjudication and disposition of the court for any offense listed in Welfare & Institutions Code
§676(1) subdivision (1) may be disclosed after the petition is sustained (Welfare & Institutions
Code §676(c) and §676(d));
A law enforcement agency may disclose the felony offense committed and the disposition of the
case of any minor, 14 years of age or older, who was found by the court to have committed a
felony listed in Welfare & Institutions Code §707(b) (Welfare & Institutions Code §827.2(c)).
EMERGENCY RELEASE OF INFORMATION TO NEWS MEDIA TO WARN POTENTIAL
VICTIMS, TO ASSIST IN APPREHENSION OF A DEFENDANT OR SUSPECT, OR TO APPEAL
FOR ASSISTANCE:
In rare cases, it may be reasonable to release information to the news media such as the
dangerousness of the suspect, the statement of a defendant or suspect as to his or her intentions
regarding future crimes, or his or her modus operandi during the commission of prior criminal
offenses. Reasonable purposes for releasing such information include warning potential victims,
securing public assistance in apprehending a suspect, or obtaining evidence. In the event the law
enforcement agency believes it necessary to release such information for these limited purposes
(which normally would not be released to the media), the Santa Clara County District Attorney's
Office should be contacted to ascertain the potential effect upon the prosecution of the case.
Policy
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Subpoenas and Court Appearances
348.1 PURPOSE AND SCOPE
This policy establishes the guidelines for [department/office] members who must appear in
court. It will allow the Palo Alto Police Department to cover any related work absences and keep
the [Department/Office] informed about relevant legal matters.
348.2 POLICY
Palo Alto Police Department members will respond appropriately to all subpoenas and any other
court-ordered appearances.
348.2.1 OFFICER'S RESPONSIBILITIES (CRIMINAL SUBPOENA)
Once an officer receives a criminal subpoena, he or she is required to do the following:
(a)Complete and return the top portion of the subpoena to the Court Liaison Officer
immediately;
(b)Contact the Deputy District Attorney that is assigned to the case;
(c)If the officer is the primary investigating officer for the case, ensure that any and all
civilian witnesses are served with subpoenas in a timely manner;
(d)Notify the Court Liaison Officer of any witnesses that are unavailable or cannot be
served;
(e)Complete and return all civilian subpoena "Proof of Service" forms to the Court Liaison
Officer prior to the court date;
If the officer becomes ill or has an emergency and is unable to attend the court appearance, the
officer shall contact the Deputy District Attorney as soon as possible.
348.2.2 CRIMINAL SUBPOENAS FROM ANOTHER COUNTY
If an officer assisted a law enforcement agency in San Mateo County, he or she may receive a
subpoena from the San Mateo County District Attorney's Office. The officer should complete the
proof of service on the subpoena and immediately return it to the Court Liaison Officer.
348.3 SUBPOENAS
Only [department/office] members authorized to receive a subpoena on behalf of this [department/
office] or any of its members may do so. This may be accomplished by personal service to
the officer or by delivery of two copies of the subpoena to the officer's supervisor or other
authorized [department/office] agent (Government Code § 68097.1; Penal Code § 1328(c)).
The party that issues a civil subpoena to an officer to testify as a witness must tender the statutory
fee of $275 with the subpoena for each day that an appearance is required before service is
accepted of the subpoena (Government Code § 68097.2).
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An immediate supervisor or authorized individual may refuse to accept service for a criminal
subpoena if (Penal Code § 1328(d)(e)):
(a)He/she knows that he/she will be unable to deliver a copy of the subpoena to the
named officer within sufficient time for the named officer to comply with the subpoena.
(b)It is less than five working days prior to the date listed for an appearance and he/she
is not reasonably certain that service can be completed.
If, after initially accepting service of a criminal subpoena, a supervisor or other authorized
individual determines that he/she is unable to deliver a copy of the subpoena to the named officer
within sufficient time for the named officer to comply with the subpoena, the supervisor or the
subpoena clerk shall notify the server or the attorney named on the subpoena of such not less
than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)).
348.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of
or at the request of any party other than the City Attorney or the prosecutor shall notify his/her
immediate supervisor without delay regarding:
(a)Any civil case where the City or one of its members, as a result of his/her official
capacity, is a party.
(b)Any civil case where any other city, county, state or federal unit of government or a
member of any such unit of government, as a result of his/her official capacity, is a
party.
(c)Any criminal proceeding where the member is called to testify or provide information
on behalf of the defense.
(d)Any civil action stemming from the member’s on-duty activity or because of his/her
association with the Palo Alto Police Department.
(e)Any personnel or disciplinary matter when called to testify or to provide information by
a government entity other than the Palo Alto Police Department.
The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as
may be indicated by the case. The Chief of Police should determine if additional legal support
is necessary.
No member shall be retaliated against for testifying in any matter.
348.3.2 CIVIL SUBPOENA
The [Department/Office] will compensate members who appear in their official capacities on civil
matters arising out of their official duties, as directed by the current memorandum of understanding
or collective bargaining agreement.
The [Department/Office] should seek reimbursement for the member’s compensation through the
civil attorney of record who subpoenaed the member.
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348.3.3 OFF-DUTY RELATED SUBPOENAS
Members receiving valid subpoenas for off-duty actions not related to their employment or
appointment will not be compensated for their appearance. Arrangements for time off shall be
coordinated through their immediate supervisors.
348.4 FAILURE TO APPEAR
Any member who fails to comply with the terms of any properly served subpoena or court-ordered
appearance may be subject to discipline. This includes properly served orders to appear that were
issued by a state administrative agency.
348.5 STANDBY
To facilitate standby agreements, members are required to provide and maintain current
information on their addresses and contact telephone numbers with the [Department/Office].
If a member on standby changes his/her location during the day, the member shall notify the
designated department member of how he/she can be reached. Members are required to remain
on standby until released by the court or the party that issued the subpoena.
348.6 COURTROOM PROTOCOL
When appearing in court, members shall:
(a)Be punctual and prepared to proceed immediately with the case for which they are
scheduled to appear.
(b)Dress in the [department/office] uniform or business attire.
(c)Observe all rules of the court in which they are appearing and remain alert to changes
in the assigned courtroom where their matter is to be heard.
348.6.1 TESTIMONY
Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and
become familiar with the content in order to be prepared for court.
348.7 OVERTIME APPEARANCES
When a member appears in court on his/her off-duty time, he/she will be compensated in
accordance with the current memorandum of understanding or collective bargaining agreement.
348.8 TRAFFIC SUBPOENAS
All subpoenas for traffic court are sent directly by the court to the Court Liaison Officer. The Court
Liaison Officer distributes the traffic subpoenas to the individually named officer through his or
her chain of command. Additionally, the Court Liaison Officer will place the scheduled traffic court
appearance on the "Court Boards" located in the Field Services Division briefing room and the
hallway of the Investigative Services Division.
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348.8.1 OFFICER'S RESPONSIBILITIES (TRAFFIC SUBPOENA)
Any officer who receives a traffic court subpoena is required to be present on the scheduled date
and time.
Valid reasons for an officer to request a continuance are illness, previously approved training,
or a planned vacation. Regular days off are not valid reasons for requesting a continuance.
Additionally, if a court appearance happens to be scheduled during a time that the employee would
typically be asleep, that is not a valid reason for missing court.
If an officer has a valid reason for requesting a continuance as noted above, then he or she should:
(a)Obtain their immediate supervisor's approval and signature on the Traffic Court
Notification Form, approving the request for a continuance;
(b)Notify the Court Liaison Officer as soon as possible by completing and returning the
Traffic Court Notification Form. The specific reason for the requested continuance
shall be listed;
(c)If the officer suffers from an illness or an emergency on the scheduled traffic court
appearance date, the officer must call the traffic court directly. The phone number for
the traffic court is listed on the Traffic Court Notification Form.
348.8.2 TRIAL BY DECLARATION
A Trial by Declaration is essentially a traffic trial done via writing. The Court Liaison officer receives
the paperwork from the Palo Alto traffic court. Upon receiving the notice, the Court Liaison officer
attaches a label to the paperwork with a due date on it and distributes it to the officer. The officer
must complete his or her testimony in writing. The officer must complete and return the paperwork
to the Court Liaison officer by the listed date.
348.8.3 TRAFFIC SUBPOENAS FROM ANOTHER COUNTY
If an officer receives a traffic subpoena from another county, the officer should follow the directions
listed on the subpoena for the appearance requirements.
348.9 DMV - ADMIN PER SE HEARING (DS 367)
The Department of Motor Vehicles mails subpoenas to the Court Liaison officer. It is the policy of
the Department that officers respond to these subpoenas the same as any other.
348.9.1 APPEARANCE IN PERSON
If the officer is required to appear in person, the subpoena will indicate this with the appropriate
box checked. The DMV address will be listed on the subpoena as to where to appear. The officer
does not need to do anything unless there is a problem with appearing on the specified date. If
the officer cannot appear, he or she must contact the hearing officer immediately upon receipt of
the subpoena to let them know why they cannot be there. The hearing officer's name and phone
number are always listed on the subpoena. The only valid reasons for not appearing are sickness,
training, or pre-approved vacation.
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348.9.2 APPEARANCE BY TELEPHONE
The box labeled "respond by telephoning the above number at the date and time listed above"
may be checked on the subpoena. If this is the case, the officer needs to call the listed phone
number at the specified date and time to have the hearing conducted over the telephone. If the
officer cannot call at the specified date and time, they must call the hearing officer immediately
upon receipt of the subpoena. The hearing officer's name and phone number are always listed
on the subpoena.
The box labeled "be available for a call by telephone at this number" may be checked on the
subpoena. If so, the hearing officer expects the officer to be available to receive a telephone call at
the listed phone number at the date and time specified on the subpoena (in this type of subpoena,
the number usually listed is the main Communications number of 650-329-2413). If the officer
will not be available to receive a call at the specified number, he or she must contact the hearing
officer immediately upon receipt of the subpoena.
The only valid reasons for not appearing by telephone are sickness, training, or pre-approved
vacation.
348.9.3 PRODUCE RECORDS
There will be an affidavit attached to the subpoena listing the records that the officer needs to
produce at the hearing (usually PAS calibrations, etc). The same procedure for the "appearance
in person," as described above, should be followed.
348.10 PAROLE REVOCATION HEARINGS
The Board of Prison Terms mails subpoenas to the Department for parole revocation hearings.
The officer is required to appear at the listed date, time, and place on the subpoena. Such hearings
are usually held at the Santa Clara County Main Jail, the Alameda County Santa Rita Jail, or at
San Quentin State Prison. If the officer is unable to appear at the hearing they must contact the
Parole Revocation Unit at the listed prison facility immediately upon receipt of the subpoena.
The only valid reasons for not appearing are sickness, training, and pre-approved vacation.
348.11 POLICY ISSUE DATE
1/04/2018
Policy
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Reserve Officers
350.1 PURPOSE AND SCOPE
The Palo Alto Police Department Reserve Unit was established to supplement and assist regular
sworn police officers in their duties. This unit provides professional, sworn volunteer reserve
officers who can augment regular staffing levels.
350.2 SELECTION & APPOINTMENT OF POLICE RESERVE OFFICERS_DEPUTIES
The Palo Alto Police Department shall endeavor to recruit and appoint to the Reserve Unit only
those applicants who meet the high ethical, moral and professional standards set forth by this
department.
350.2.1 PROCEDURE
All applicants shall be required to meet and pass the same pre-employment procedures as regular
police officers before appointment.
Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the
process of completing, a POST approved basic academy or extended basic academy.
350.2.2 APPOINTMENT
Applicants who are selected for appointment to the Police Reserve Unit shall, on the
recommendation of the Chief of Police, be sworn in by the Chief of Police and take a loyalty oath to
observe and obey all of the laws of the land and to carry out their duties to the best of their ability.
350.2.3 COMPENSATION FOR POLICE RESERVE OFFICERS
Compensation for reserve officers is provided as follows:
All reserve officer appointees are issued two sets of uniforms and all designated attire and safety
equipment. All property issued to the reserve officer shall be returned to the Department upon
termination or resignation. Reserves shall receive a yearly allowance of uniforms equal to that of
regular officers.
All reserve officers are compensated at an hourly rate as set forth in the current City's
Compensation Schedule.
350.3 DUTIES OF RESERVE OFFICERS
Reserve officers assist regular officers in the enforcement of laws and in maintaining peace and
order within the community. Assignments of reserve officers will usually be to augment the Field
Services Division. Reserve officers may be assigned to other areas within the Department as
needed. Reserves are required to work designated City sponsored special events and Stanford
football games. Absences must be satisfactorily explaned to the Reserve Coordinator and
approved prior to absence. Reserve officers are required to work a minimum of 10 hours per
month.
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350.3.1 POLICY COMPLIANCE
Police reserve officers shall be required to adhere to all departmental policies and procedures.
A copy of the policies and procedures will be made available to each reserve officer upon
appointment and he/she shall become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this manual refers to a sworn regular full-time officer,
it shall also apply to a sworn reserve officer unless by its nature it is inapplicable.
350.3.2 RESERVE OFFICER ASSIGNMENTS
All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee.
350.3.3 RESERVE COORDINATOR
The Chief of Police shall delegate the responsibility for administering the Reserve Officer Program
to a Reserve Coordinator.
The Reserve Coordinator shall have the responsibility of, but not be limited to:
(a)Assignment of reserve personnel
(b)Conducting reserve meetings
(c)Establishing and maintaining a reserve call-out roster
(d)Maintaining and ensuring performance evaluations are completed
(e)Monitoring individual reserve officer performance
(f)Monitoring overall Reserve Program
(g)Maintaining liaison with other agency Reserve Coordinators
350.4 FIELD TRAINING
Penal Code § 832.6(a)(2) requires Level I reserve officers, who have not been released from the
immediate supervision requirement per Policy Manual § 350.4.7, to work under the immediate
supervision of a peace officer who possesses a Basic POST Certificate.
350.4.1 TRAINING OFFICERS
Officers of this department, who demonstrate a desire and ability to train reserve officers, may
train the reserves during Phase II, subject to Watch Commander approval.
350.4.2 PRIMARY TRAINING OFFICER
Upon completion of the Academy, reserve officers will be assigned to a primary training officer.
The primary training officer will be selected from members of the Field Training Officer (FTO)
Committee. The reserve officer will be assigned to work with his/her primary training officer during
the first 160 hours of training. This time shall be known as the Primary Training Phase.
350.4.3 FIELD TRAINING MANUAL
Each new reserve 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
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function as an officer with the Palo Alto Police Department. The reserve 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.
350.4.4 COMPLETION OF THE PRIMARY TRAINING PHASE
At the completion of the Primary Training Phase, (Phase I) the primary training officer will meet
with the Reserve Coordinator. The purpose of this meeting is to discuss the progress of the reserve
officer in training.
If the reserve officer has progressed satisfactorily, he/she will then proceed to Phase II of the
training. If he/she has not progressed satisfactorily, the Reserve Coordinator will determine the
appropriate action to be taken.
350.4.5 SECONDARY TRAINING PHASE
The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on-duty training.
The reserve officer will no longer be required to ride with his/her primary training officer. The
reserve officer may now ride with any officer designated by the Watch Commander.
During Phase II of training, as with Phase I, the reserve officer's performance will be closely
monitored. In addition, rapid progress should continue towards the completion of the Officer's Field
Training Manual. At the completion of Phase II of training, the reserve officer will return to his/her
primary training officer for Phase III of the training.
350.4.6 THIRD TRAINING PHASE
Phase III of training shall consist of 24 hours of additional on-duty training. For this training phase,
the reserve officer will return to his/her original primary training officer. During this phase, the
training officer will evaluate the reserve officer for suitability to graduate from the formal training
program.
At the completion of Phase III training, the primary training officer will meet with the Reserve
Coordinator. Based upon the reserve officer's evaluations, plus input from the primary training
officer, the Reserve Coordinator shall decide if the reserve officer has satisfactorily completed his/
her formal training. If the reserve officer has progressed satisfactorily, he/she will then graduate
from the formal training process. If his/her progress is not satisfactory, the Reserve Coordinator
will decide upon the appropriate action to be taken.
350.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS
When a reserve officer has satisfactorily completed all three phases of formal training, he/she will
have had a minimum of 284 hours of on-duty training. He/she will no longer be required to ride
with a reserve training officer. The reserve officer may now be assigned to ride with any officer
for the remaining 200-hour requirement for a total of 484 hours before being considered for relief
of immediate supervision.
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350.5 SUPERVISION OF RESERVE OFFICERS
Reserve officers who have attained the status of Level II shall be under the immediate supervision
of a regular sworn officer (Penal Code 832.6(a)(2)). The immediate supervision requirement shall
also continue for reserve officers who have attained Level I status unless special authorization is
received from the Reserve Coordinator with the approval of the Division Captain.
350.5.1 SPECIAL AUTHORIZATION REQUIREMENTS
Reserve officers certified as Level I may, with prior authorization of the Reserve Coordinator and
on approval of the Division Captain, be relieved of the "immediate supervision" requirement. Level
I reserve officers may function under the authority of Penal Code § 832.6(a)(1) only for the duration
of the assignment or purpose for which the authorization was granted.
In the absence of the Reserve Coordinator and the Division Captain, the Watch Commander may
assign a certified Level I reserve officer to function under the authority of Penal Code § 832.6(a)
(1) for specific purposes and duration.
350.5.2 RESERVE OFFICER MEETINGS
All reserve officer meetings will be scheduled and conducted by the Reserve Coordinator. All
reserve officers are required to attend scheduled meetings. Any absences must be satisfactorily
explained to the Reserve Coordinator.
350.5.3 IDENTIFICATION OF RESERVE OFFICERS
All reserve officers will be issued a uniform badge and a Department identification card. The
uniform badge shall be the same as that worn by a regular full-time officer. The identification card
will be the standard identification card with the exception that "Reserve" will be indicated on the
card.
350.5.4 UNIFORM
Reserve officers shall conform to all uniform regulation and appearance standards of this
department.
350.5.5 INVESTIGATIONS AND COMPLAINTS
If a reserve officer has a complaint made against him/her or becomes involved in an internal
investigation, that complaint or internal investigation may be investigated by the Reserve
Coordinator, at the discretion of the Field Services Division Captain.
Reserve officers are considered at-will employees. Government Code § 3300 et seq. applies to
reserve officers with the exception that the right to hearing is limited to the opportunity to clear
their name.
Any disciplinary action that may have to be administered to a reserve officer shall be accomplished
as outlined in the Policy Manual.
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350.5.6 RESERVE OFFICER EVALUATIONS
While in training reserves will be continuously evaluated using standardized daily and weekly
observation reports. The reserve will be considered a trainee until all of the training phases have
been completed. Reserves having completed their field training will be evaluated annually using
performance dimensions applicable to the duties and authorities granted to that reserve.
350.6 FIREARMS REQUIREMENTS
Penal Code § 830.6(a)(1) designates a reserve officer as having peace officer powers during his/
her assigned tour of duty, provided the reserve officer qualifies or falls within the provisions of
Penal Code § 832.6.
350.6.1 CARRYING WEAPON ON DUTY
Penal Code § 830.6(a)(1) permits qualified reserve officers to carry a loaded firearm while on-
duty. It is the policy of this department to allow reserves to carry firearms only while on-duty or
to and from duty.
350.6.2 CONCEALED FIREARMS PROHIBITED
No reserve officer will be permitted to carry a concealed firearm while in an off-duty capacity, other
than to and from work, except those reserve officers who possess a valid CCW permit. An instance
may arise where a reserve officer is assigned to a plainclothes detail for his/her assigned tour of
duty. Under these circumstances, the reserve officer may be permitted to carry a weapon more
suited to the assignment with the knowledge and approval of the supervisor in charge of the detail.
Any reserve officer who is permitted to carry a firearm other than the assigned duty weapon may do
so only after verifying that the weapon conforms to departmental standards. The weapon must be
registered by the reserve officer and be inspected and certified as fit for service by a departmental
armorer.
Before being allowed to carry any optional firearm during an assigned tour of duty, the reserve
officer shall have demonstrated his/her proficiency with said weapon.
When a reserve officer has satisfactorily completed all three phases of training (as outlined in
Policy Manual § 350.4), he/she may be issued a permit to carry a concealed weapon. The decision
to issue a concealed weapon permit will be made by the Chief of Police with input from the Reserve
Program Coordinator and administrative staff. In issuing a concealed weapon permit a reserve
officer's qualification will be individually judged. A reserve officer's dedication to the program and
demonstrated maturity, among other factors, will be considered before a concealed weapon permit
will be issued. Once issued, the concealed weapon permit will be valid only for as long as the
reserve officer remains in good standing with the Palo Alto Police Department Reserve Officer
Program.
350.6.3 RESERVE OFFICER FIREARM TRAINING
All reserve officers are required to maintain proficiency with firearms used in the course of their
assignments. Reserve officers shall comply with all areas of the firearms training section of the
Policy Manual, with the following exceptions:
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(a)All reserve officers are required to qualify quarterly
(b)Should a reserve officer fail to qualify, that reserve officer will not be allowed to carry
a firearm until he/she has reestablished his/her proficiency
Policy
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Outside Agency Assistance
352.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members when requesting or responding to
a request for mutual aid or when assisting another law enforcement agency.
352.1.1 MUTUAL AID PROTOCOL
Officers shall follow the guidelines set forth in the Santa Clara County Protocols Section 16 -
Mutual Aid Protocol when requesting formal Law Enforcement Mutual Aid at the Operational Area
level. Personnel shall read and follow the guidelines set forth in the Santa Clara County Protocols
Section 16 - Mutual Aid Protocol.
352.2 POLICY
It is the policy of the Palo Alto Police Department to promptly respond to requests for assistance by
other law enforcement agencies, subject to available resources and consistent with the applicable
laws and policies of this department.
352.3 ASSISTING OUTSIDE AGENCIES
Generally, requests for any type of assistance from another agency should be routed to the Watch
Commander’s office for approval. In some instances, a memorandum of understanding or other
established protocol may exist that eliminates the need for approval of individual requests.
When another law enforcement agency requests assistance from this department, the Watch
Commander may authorize, if available, an appropriate number of personnel to assist. Members
are reminded that their actions when rendering assistance must conform with applicable laws and
be consistent with the policies of this department.
Officers may respond to a request for emergency assistance, however, they shall notify a
supervisor of their activity as soon as practicable.
Arrestees may be temporarily detained by this department until arrangements for transportation
are made by the outside agency.
352.3.1 INITIATED ACTIVITY
Any on-duty officer who engages in law enforcement activities of any type that are not part of a
mutual aid request and take place outside the jurisdiction of the Palo Alto Police Department shall
notify his/her supervisor or the Watch Commander and the Communications Center as soon as
practicable. This requirement does not apply to special enforcement details or multi-agency units
that regularly work in multiple jurisdictions.
352.4 REQUESTING OUTSIDE ASSISTANCE
If assistance is needed from another agency, the member requesting assistance should, if
practicable, first notify a supervisor. The handling member or supervisor should direct assisting
personnel to where they are needed and to whom they should report when they arrive.
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The requesting member should arrange for appropriate radio communication capabilities, if
necessary and available, so that communication can be coordinated between assisting personnel.
352.5 REPORTING REQUIREMENTS
Incidents of outside assistance or law enforcement activities may be documented in a crime report
or as directed by the Watch Commander.
352.6 POLICY ISSUE DATE
Updated 12-8-16
Policy
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Registered Offender Information
356.1 PURPOSE AND SCOPE
This policy establishes guidelines by which the Palo Alto Police Department will address issues
associated with certain offenders who are residing in the jurisdiction and how the [Department/
Office] will disseminate information and respond to public inquiries for information about registered
sex, arson and drug offenders.
356.2 POLICY
It is the policy of the Palo Alto Police Department to identify and monitor registered offenders living
within this jurisdiction and to take reasonable steps to address the risks those persons may pose.
The Megan's Law Internet Web Site was implemented by the California Department of Justice
on December 15, 2004. The California Department of Justice has catergorized each registered
sex offender on this site as either :Full Address", "Zip Code Only", "No Post", or "Excluded". The
inclusion on the Web Site is allowed only for "Full Address" and "Zip Code Only" sex offenders.
The site is accessible directly at http://meganslaw.ca.gov or through the Attorney General's Home
Page at http://ag.ca.gov.
356.3 REGISTRATION
The Investigative Services supervisor shall establish a process to reasonably accommodate
registration of certain offenders. The process should rebut any allegation on the part of the
offender that the registration process was too confusing, burdensome or difficult for compliance.
If it is reasonable to do so, an investigator assigned to related investigations should conduct
the registration in order to best evaluate any threat the person may pose to the community.
Those assigned to register offenders should receive appropriate training regarding the registration
process.
Upon conclusion of the registration process, the investigator shall ensure that the registration
information is provided to the California Department of Justice (DOJ) in accordance with applicable
law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq.).
The refusal of a registrant to provide any of the required information or complete the process
should initiate a criminal investigation for failure to register.
356.3.1 CONTENTS OF REGISTRATION
The information collected from the registering offenders shall include a signed statement as
required by the California DOJ, fingerprints and a photograph and any other information required
by applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et
seq.).
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356.4 MONITORING OF REGISTERED OFFENDERS
The Investigative Services supervisor should establish a system to periodically, and at least once
annually, verify that a registrant remains in compliance with his/her registration requirements after
the initial registration. This verification should include:
(a)Efforts to confirm residence using an unobtrusive method, such as an internet search
or drive-by of the declared residence.
(b)Review of information on the California DOJ website for sex offenders.
(c)Contact with a registrant’s parole or probation officer.
Any discrepancies should be reported to the California DOJ.
The Investigative Services supervisor should also establish a procedure to routinely disseminate
information regarding registered offenders to Palo Alto Police Department personnel, including
timely updates regarding new or relocated registrants.
356.5 DISSEMINATION OF PUBLIC INFORMATION
Members will not unilaterally make a public notification advising the community of a particular
registrant’s presence in the community. Members who identify a significant risk or other public
safety issue associated with a registrant should promptly advise their supervisor. The supervisor
should evaluate the request and forward the information to the Chief of Police if warranted.
A determination will be made by the Chief of Police, with the assistance of legal counsel as
necessary, whether such a public alert should be made.
Members of the public requesting information on sex registrants should be provided the Megan's
Law website or the Palo Alto Police Department’s website. Information on sex registrants placed
on the Palo Alto Police Department’s website shall comply with the requirements of Penal Code
§ 290.46.
The Records Manager may release local registered offender information to residents only in
accordance with applicable law (Penal Code § 290.45; Penal Code § 290.46; Penal Code §
457.1; Health and Safety Code § 11594), and in compliance with a California Public Records Act
(Government Code § 6250-6276.48) request.
356.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY
California law allows the following additional information regarding a registered sex offender on
campus, whose information is not available to the public via the internet website, to be released
to a campus community (Penal Code § 290.01(d)):
(a)The offender’s full name
(b)The offender’s known aliases
(c)The offender’s sex
(d)The offender’s race
(e)The offender’s physical description
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(f)The offender’s photograph
(g)The offender’s date of birth
(h)Crimes resulting in the registration of the offender under Penal Code § 290
(i)The date of last registration
For purposes of this section, campus community shall be defined as those persons present at
or regularly frequenting any place constituting campus property, satellite facilities, laboratories,
public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d).
356.5.2 RELEASE NOTIFICATIONS
Registrant information that is released should include notification that:
(a)The offender registry includes only those persons who have been required by law to
register and who are in compliance with the offender registration laws.
(b)The information is provided as a public service and may not be current or accurate.
(c)Persons should not rely solely on the offender registry as a safeguard against offenses
in their communities.
(d)The crime for which a person is convicted may not accurately reflect the level of risk.
(e)Anyone who uses information contained in the registry to harass registrants or commit
any crime may be subject to criminal prosecution.
(f)The purpose of the release of information is to allow members of the public to protect
themselves and their children from sex offenders (Penal Code 290.45).
Policy
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Major Incident Notification
358.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of this department in determining
when, how and to whom notification of major incidents should be made.
358.2 POLICY
The Palo Alto Police Department recognizes that certain incidents should be brought to the
attention of supervisors or other specified personnel of this department to facilitate the coordination
of activities and ensure that inquiries from the media and the public may be properly addressed.
358.3 MINIMUM CRITERIA FOR NOTIFICATION
Most situations where the media show a strong interest are also of interest to the Chief of Police
and other key staff. The following list of incident types is provided as a guide for notification and
is not intended to be all inclusive:
•Homicides;
•Traffic accidents with fatalities;
•Officer-involved shooting - on or off duty (see Officer-Involved Incidents Policy for
special notifications);
•Significant use of force;
•Police canine bite;
•Significant injury or death to employee - on or off duty;
•Death of a prominent Palo Alto official;
•Arrest of a department employee or prominent Palo Alto official;
•Aircraft crash with major damage and/or injury or death;
•A Taser application;
•In-custody deaths.
358.4 WATCH COMMANDER RESPONSIBILITY
The Watch Commander is responsible for making sure Communications has made the appropriate
initial notifications per the Critical Incident Notification Protocol (confidential document) or
conducting notifications directly. The Watch Commander shall make reasonable attempts to obtain
as much information on the incident as possible and coordinate with Communications on more
in-depth debriefing of key staff.
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358.4.1 STAFF NOTIFICATION
Department and other key staff are specified in the Critical Incident Notification Protocol.
358.4.2 DETECTIVE NOTIFICATION
If the incident requires that a detective respond from home, the immediate supervisor of the
appropriate detail shall be contacted who will then contact the appropriate detective.
358.4.3 S.T.A.R NOTIFICATION
In the event of a traffic fatality or major injury, the supervisor of the Specialized Traffic Accident
Reconstruction team shall be notified who will then contact the appropriate accident investigator.
The supervisor of the S.T.A.R team will notify the Traffic Lieutenant.
358.4.4 PRESS INFORMATION OFFICER (PIO)
The Press Information Officer shall be called after members of staff have been notified that it
appears the media may have a significant interest in the incident.
Policy
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Death Investigation
360.1 PURPOSE AND SCOPE
The investigations of cases involving death include those ranging from natural cause to homicide.
Some causes of death may not be readily apparent and some cases differ substantially from what
they appeared to be initially. The thoroughness of death investigations cannot be emphasized
enough.
360.2 INVESTIGATION CONSIDERATIONS
Death investigation cases require certain actions be taken. Paramedics shall be called in all
suspected death cases unless the death is obvious (decapitated, decomposed, etc.). A supervisor
shall be notified in all death investigations.
A death will be classified as either an Attended Death or an Unattended Death.
An Attended Death is classified as such when circumstances indicate death resulted from natural
causes (i.e., history of illness, old age). The officer assigned to this case will make every effort
to notify the decedent's physician. If a physician saw the decedent withn the last 20 days, and
the physician is willing to sign a death certificate, the officer will not write a case. However, in
all circumstances, the officer shall notify the coroner to provide him with the circumstancs of the
death and obtain a release number.
The Investigative Services Supervisor or designess will be notified of any suspicious unattended
deaths, including all SIDS deaths.
360.2.1 CORONER REQUEST
Government Code § 27491 and Health & Safety Code § 102850 direct the Coroner to inquire
into and determine the circumstances, manner and cause of certain deaths. The Coroner shall
be called in any of the following cases:
(a)Unattended deaths (No physician in attendance or during the continued absence of
the attending physician. Also, includes all deaths outside hospitals and nursing care
facilities).
(b)Deaths where the deceased has not been attended by either a physician or a
registered nurse, who is a member of a hospice care interdisciplinary team, as defined
by Health and Safety Code § 1746 in the 20 days prior to death.
(c)Physician unable to state the cause of death. Unwillingness does not apply. Includes
all sudden, unexpected and unusual deaths and fetal deaths when the underlying
cause is unknown.
(d)Known or suspected homicide.
(e)Known or suspected suicide.
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(f)Involving any criminal action or suspicion of a criminal act. Includes child and
dependent adult negligence and abuse.
(g)Related to or following known or suspected self-induced or criminal abortion.
(h)Associated with a known or alleged rape or crime against nature.
(i)Following an accident or injury (primary or contributory). Deaths known or suspected
as resulting (in whole or in part) from or related to accident or injury, either old or recent.
(j)Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism,
drug addiction, strangulation or aspiration.
(k)Accidental poisoning (food, chemical, drug, therapeutic agents).
(l)Occupational diseases or occupational hazards.
(m)Known or suspected contagious disease and constituting a public hazard.
(n)All deaths in operating rooms and all deaths where a patient has not fully recovered
from an anesthetic, whether in surgery, recovery room or elsewhere.
(o)In prison or while under sentence. Includes all in-custody and police involved deaths.
(p)All deaths of unidentified persons.
(q)All deaths of state hospital patients.
(r)Suspected Sudden Infant Death Syndrome (SIDS) deaths.
(s)All deaths where the patient is comatose throughout the period of the physician’s
attendance. Includes patients admitted to hospitals unresponsive and expire without
regaining consciousness.
The body shall not be disturbed or moved from the position or place of death without permission
of the coroner.
360.2.2 SEARCHING DEAD BODIES
The Coroner or Deputy Coroner is generally the only person permitted to search a body known to
be dead from any of the circumstances set forth in Government Code § 27491. The only exception
is that an officer is permitted to search the body of a person killed in a traffic collision for the limited
purpose of locating an anatomical donor card (Government Code § 27491.3). If such a donor card
is located, the Coroner or a designee shall be promptly notified. Should exigent circumstances
indicate to an officer that any search of a known dead body is warranted prior to the arrival of the
Coroner or a designee; the investigating officer shall first obtain verbal consent from the Coroner
or a designee (Government Code § 27491.2).
Whenever possible, a witness, preferably a relative to the deceased or a member of the household,
should be requested to remain at the scene with the officer pending the arrival of the Coroner or
a designee. The name and address of this person shall be included in the narrative of the death
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report. Whenever personal effects are removed from the body of the deceased by the Coroner or
a designee, a receipt shall be obtained. This receipt shall be attached to the death report.
360.2.3 DEATH NOTIFICATION
When practical, and if not handled by the Coroner’s Office, notification to the next-of-kin of the
deceased person shall be made, in person, by the officer assigned to the incident. If the next-of-
kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested
to make the personal notification. If the relatives live outside this county, the Coroner may be
requested to make the notification. The Coroner needs to know if notification has been made.
Assigned detectives may need to talk to the next-of-kin.
360.2.4 UNIDENTIFIED DEAD BODIES
If the identity of a dead body cannot be established after the Coroner arrives, the Coroner’s office
will issue a “John Doe" or "Jane Doe” number for the report.
360.2.5 DEATH INVESTIGATION REPORTING
All incidents involving an unattended death shall be documented on the appropriate form.
360.2.6 SUSPECTED HOMICIDE
If the initially assigned officer suspects that the death involves a homicide or other suspicious
circumstances, the Investigations Division shall be notified to determine the possible need for a
detective to respond to the scene for further immediate investigation.
360.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES
Any member of this agency who responds to and determines that a death, serious illness,
or serious injury has occurred as a result of an accident at or in connection with the victim's
employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately
or as soon as practicable with all pertinent information (8 CCR 342(b)).
360.3 GENERAL CONSIDERATIONS
(a)Initially, the scene of a death should be treated as if it were a homicide until such time
as it can be determined otherwise.
(b)Investigative reports shall be written in all but attended death cases where the
doctor will sign the death certificate. Refer to Palo Alto Police Department's Offense/
Classification guide for the proper headings.
(c)Motor vehicle fatalities will be investigated by patrol and documented according
to Policy 502 Traffic Collision Reporting. The on-duty supervisor shall notify the
Specialized Traffic Accident Reconstruction Team (STAR) to assist in cases of fatal
or major injury collisions.
(d)The coroner shall be notified in all death cases. Release numbers shall be obtained
verbally in all attended death cases. The name of the coroner contacted shall be
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included in all investigative reports. Unless released by the coroner, an officer shall
remain on the scene until the coroner's arrival.
(e)In all death cases, no attempt shall be made to move, search or alter the body except
by the coroner, the coroner's investigator, or after the coroner's release. Exceptions
to this rule shall be limited to situations in which there is a danger to human life or a
likelihood of the destruction of evidence (i.e., fire scenes, etc.).
(f)Photographs will be taken, and a diagram will be drawn in all death cases, except
those where a doctor will sign the death certificate.
(g)The Watch Commander shall immediately be notified of all death investigations. The
Watch Commander shall, as soon as practical, notify the ISD Body Crimes Supervisor
in any suspicious death. In all homicides, the Watch Commander shall notify the FSD
Coordinator.
(h)Weapons should not be handled unless their loss or destruction is likely. Firearms
should not be unloaded unless there is an imminent chance of discharge.
The function of patrol officers at the scene of a homicide or questioned death shall be limited
to the following: securing of that scene, a search for suspects, witnesses or additional victims,
the rendering of any necessary medical aid and the notification of the patrol supervisor and
Watch Commander. Evidence collection, crime scene search and the interviewing of suspects
and witnesses shall be conducted by, or under the supervision of, the detective assigned.
360.3.1 POST-MORTEM SEXUAL ASSAULT EXAMINATIONS
The Santa Clara County Protocols Section 18 - Post-Mortem Sexual Assault Examinations shall
be utilized as a guideline in all cases where investigators suspect a homicide and sexual assault.
All personnel are required to read and follow the Santa Clara County Protocols Section 18 - Post-
Mortem Sexual Assault Examinations Protocol.
360.3.2 AUTOPSY ATTENDANCE
Santa Clara County Protocols Section 23 - Autopsy Attendance Protocol shall be utilized as a
guideline for autopsy attendance by law enforcement personnel. All personnel are required to read
and follow the Santa Clara County Protocols Section 23 - Autopsy Attendance Protocol.
Policy
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Identity Theft
362.1 PURPOSE AND SCOPE
Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This
policy is intended to provide guidelines for the reporting and investigation of such crimes.
This policy is drafted in accordance with the Santa Clara County Protocols Section 15 - Identity
Theft Protocol. Personnel shall read and follow the guidelines set forth in the Santa Clara County
Protocols Section 15 - Identity Theft Protocol when investigating identity theft.
362.2 REPORTING
(a)In an effort to maintain uniformity in reporting, officers presented with the crime of
"identity theft" (Penal Code § 530.6) shall initiate a report for victims residing,or whose
primary place of employment is, within the jurisdiction of this department. For incidents
of identity theft occurring outside this jurisdiction, officers should observe the following:
1.For any victim not residing or working within this jurisdiction, the officer may
either take a courtesy report to be forwarded to the victim's residence agency or
the victim may be offered the opportunity to promptly report the identity theft to
the law enforcement agency where he or she resides.
(b)While the crime of identity theft should be reported to the law enforcement agency
where the victim resides, officers of this department should investigate and report
crimes occurring within this jurisdiction which have resulted from the original identity
theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and
is reported in our jurisdiction).
(c)Officers should include all known incidents of fraudulent activity (e.g., credit card
number applied for in victim's name when the victim has never made such an
application) and obtain as much information as possible regarding the incidents. Some
examples are as follows:
1.Document the actual credit card number;
2.Have the victim obtain the credit card application (or the information that was
documented on the application);
3.If the merchandise was shipped somewhere, obtain the shipping address;
4.Determine the actual store address where the credit was requested - not the
main office;
5.Request digital photos and videotape (if any) from the appropriate businesses
immediately. These initial requests can be made by phone in an attempt to
preserve evidence;
6.Penal Code §530.8 states that if a person discovers an application for credit
has been fraudulently made/obtained in the victim's name, the victim is entitled
to that information upon presentation of a police report to that business. The
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person or entity with which the application was filed or the account was opened,
shall provide copies of all paper records, records of telephone applications or
authorizations or records of electronic applications or authorizations required
by this section, without charge, within ten (10) business days of receipt of the
person's request and submission of the required police report and identifying
information.
(d)Officers should also cross-reference all known reports made by the victim (e.g.,
U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with
all known report numbers. Officers should also assist victims by directing them to
make notification of identity theft with the credit reporting bureaus, the DMV and other
appropriate agencies as necessary.
(e)The reporting officer should inform the victim of identity theft that the California Theft
Registry is available to help those who are wrongly linked to crimes. The registry can
be checked by law enforcement or other authorized persons to investigate whether
a criminal history or want was created in the victim's name (Penal Code §530.7).
Information regarding the California Identity Theft Registry can be obtained by call toll
free (888) 880-0240
(f)Following supervisory review and departmental processing, the initial report should
be forwarded to the appropriate detective for follow up investigation, coordination with
other agencies and prosecution as circumstances dictate.
Policy
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Private Persons Arrests
364.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the handling of private person's arrests made
pursuant to Penal Code § 837.
364.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS
Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence
of the right to make a private person's arrest, including advice on how to safely execute such an
arrest. In all other situations, officers should use sound discretion in determining whether or not
to advise an individual of the arrest process.
(a)When advising any individual regarding the right to make a private person's arrest,
officers should refrain from encouraging or dissuading any individual from making such
an arrest and should instead limit advice to the legal requirements for such an arrest
as listed below.
(b)Private individuals should be discouraged from using force to effect a private person's
arrest, and absent immediate threat to their own safety or the safety of others, private
individuals should be encouraged to refer matters to law enforcement officials for
further investigation or arrest.
364.3 ARRESTS BY PRIVATE PERSONS
Penal Code § 837 provides that a private person may arrest another:
(a)For a public offense committed or attempted in his or her presence;
(b)When the person arrested has committed a felony, although not in his or her presence;
(c)When a felony has been in fact committed, and he or she has reasonable cause for
believing the person arrested has committed it.
Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been
committed - the felony must in fact have taken place.
364.4 OFFICER RESPONSIBILITIES
Any officer presented with a private person wishing to make an arrest must determine whether or
not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847).
(a)Should any officer determine that there is no reasonable cause to believe that a private
person's arrest is lawful, the officer should take no action to further detain or restrain
the individual beyond that which reasonably appears necessary to investigate the
matter, determine the lawfulness of the arrest and protect the public safety.
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1.Any officer who determines that a private person's arrest appears to be unlawful
should promptly release the arrested individual pursuant to Penal Code § 849(b)
(1). The officer must include the basis of such a determination in a related report.
2.Absent reasonable cause to support a private person's arrest or other lawful
grounds to support an independent arrest by the officer, the officer should
advise the parties that no arrest will be made and that the circumstances will be
documented in a related report.
(b)Whenever an officer determines that there is reasonable cause to believe that a private
person's arrest is lawful, the officer may exercise any of the following options:
1.Take the individual into physical custody for booking
2.Release the individual pursuant to a Notice to Appear
3.Release the individual pursuant to Penal Code § 849
364.5 REPORTING REQUIREMENTS
In all circumstances in which a private person is claiming to have made an arrest, the individual
must complete and sign a department Private Person's Arrest form under penalty of perjury.
In addition to the Private Person's Arrest Form (and any other related documents such as citations,
booking forms, etc.), officers shall complete a narrative report regarding the circumstances and
disposition of the incident.
Policy
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Anti-Reproductive Rights Crimes Reporting
366.1 PURPOSE AND SCOPE
This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights
Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement
Act (Penal Code § 13775 et seq.).
366.2 DEFINITIONS
Penal Code § 423.2 provides that the following acts shall be considered Anti-Reproductive Rights
Crimes (ARRC) when committed by any person, except a parent or guardian acting towards his
or her minor child or ward:
(a)By force, threat of force, or physical obstruction that is a crime of violence, intentionally
injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with
any person or entity because that person or entity is a reproductive health services
client, provider, or assistant, or in order to intimidate any person or entity, or any class
of persons or entities, from becoming or remaining a reproductive health services
client, provider, or assistant
(b)By non-violent physical obstruction, intentionally injures, intimidates, or interferes with,
or attempts to injure, intimidate, or interfere with, any person or entity because that
person or entity is a reproductive health services client, provider, or assistant, or in
order to intimidate any person or entity, or any class of persons or entities, from
becoming or remaining a reproductive health services client, provider or assistant
(c)Intentionally damages or destroys the property of a person, entity, or facility, or
attempts to do so, because the person, entity, or facility is a reproductive health
services client, provider, assistant, or facility
366.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL
(a)Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee
taking such a report to also complete an ARRC Data Collection Worksheet (BCIA
8371) in accordance with the instructions contained on such forms.
(b)The ARRC Data Collection Worksheet shall be processed with all related reports and
forwarded to the Investigation Division Captain.
(c)By the tenth day of each month, it shall be the responsibility of the Investigation
Division Captain to ensure that a Summary Worksheet (BCIA 8370) is submitted to
the Department of Justice Criminal Justice Statistics Center.
1.In the event that no ARRC(s) were reported during the previous month, a
Summary Worksheet shall be submitted to Department of Justice with an
indication that no such crimes were reported.
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2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a
copy of the related Data Collection Worksheet(s).
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Limited English Proficiency Services
368.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with limited
English proficiency (LEP) (42 USC § 2000d).
368.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the Department to
act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source
language) and orally converting it to another language (target language), while retaining the same
meaning.
Limited English proficient (LEP) - Any individual whose primary language is not English and
who has a limited ability to read, write, speak or understand English. These individuals may be
competent in certain types of communication (e.g., speaking or understanding) but still be LEP
for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an
individual may possess sufficient English language skills to function in one setting but these skills
may be insufficient in other situations.
Qualified bilingual member - A member of the Palo Alto Police Department, designated by the
Department, who has the ability to communicate fluently, directly and accurately in both English
and another language. Bilingual members may be fluent enough to communicate in a non-English
language but may not be sufficiently fluent to interpret or translate from one language into another.
Translate or translation - The replacement of written text from one language (source language)
into an equivalent written text (target language).
368.2 POLICY
It is the policy of the Palo Alto Police Department to reasonably ensure that LEP individuals have
meaningful access to law enforcement services, programs and activities, while not imposing undue
burdens on its members.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon national origin or any other protected interest or right.
368.3 FOUR-FACTOR ANALYSIS
Since there are many different languages that members could encounter, the Department will
utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to
Federal Financial Assistance Recipients, available at the DOJ website, to determine which
measures will provide meaningful access to its services and programs. It is recognized that law
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enforcement contacts and circumstances will vary considerably. This analysis, therefore, must
remain flexible and will require an ongoing balance of four factors, which are:
(a)The number or proportion of LEP individuals eligible to be served or likely to be
encountered by department members, or who may benefit from programs or services
within the jurisdiction of the Department or a particular geographic area.
(b)The frequency with which LEP individuals are likely to come in contact with department
members, programs or services.
(c)The nature and importance of the contact, program, information or service provided.
(d)The cost of providing LEP assistance and the resources available.
368.4 TYPES OF LEP ASSISTANCE AVAILABLE
Palo Alto Police Department members should never refuse service to an LEP individual who is
requesting assistance, nor should they require an LEP individual to furnish an interpreter as a
condition for receiving assistance. The Department will make every reasonable effort to provide
meaningful and timely assistance to LEP individuals through a variety of services.
The Department will utilize all reasonably available tools, such as language identification cards,
when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept department-provided LEP services at no cost or they may
choose to provide their own.
Department-provided LEP services may include, but are not limited to, the assistance methods
described in this policy.
368.5 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely
to be encountered.
368.6 AUDIO RECORDINGS
The Department may develop audio recordings of important or frequently requested information
in a language most likely to be understood by those LEP individuals who are representative of
the community being served.
368.7 QUALIFIED BILINGUAL MEMBERS
Bilingual members may be qualified to provide LEP services when they have demonstrated
through established department procedures a sufficient level of skill and competence to fluently
communicate in both English and a non-English language. Members utilized for LEP services
must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues
involved when acting as a language conduit. Additionally, bilingual members must be able to
communicate technical and law enforcement terminology, and be sufficiently proficient in the
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non-English language to perform complicated tasks, such as conducting interrogations, taking
statements, collecting evidence or conveying rights or responsibilities.
When a qualified bilingual member from this department is not available, personnel from other
City departments, who have been identified by the Department as having the requisite skills and
competence, may be requested.
368.8 AUTHORIZED INTERPRETERS
Any person designated by the Department to act as an authorized interpreter and/or translator
must have demonstrated competence in both English and the involved non-English language,
must have an understanding of the functions of an interpreter that allows for correct and effective
translation, and should not be a person with an interest in the department case or investigation
involving the LEP individual. A person providing interpretation or translation services may be
required to establish the accuracy and trustworthiness of the interpretation or translation in a court
proceeding.
368.8.1 SOURCES OF AUTHORIZED INTERPRETERS
The Department may contract with authorized interpreters who are available over the telephone.
Members may use these services with the approval of a supervisor and in compliance with
established procedures.
Other sources may include:
•Qualified bilingual members of this department or personnel from other City
departments.
•Individuals employed exclusively to perform interpretation services.
•Contracted in-person interpreters, such as state or federal court interpreters, among
others.
•Interpreters from other agencies who have been qualified as interpreters by this
department, and with whom the Department has a resource-sharing or other
arrangement that they will interpret according to department guidelines.
368.8.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE
ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated
competence in either monolingual (direct) communication and/or in interpretation or translation (as
noted in above), and have been approved by the Department to communicate with LEP individuals.
Where qualified bilingual members or other authorized interpreters are unavailable to assist,
approved community volunteers who have demonstrated competence may be called upon when
appropriate. However, department members must carefully consider the nature of the contact and
the relationship between the LEP individual and the volunteer to ensure that the volunteer can
provide neutral and unbiased assistance.
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While family or friends of an LEP individual may offer to assist with communication or
interpretation, members should carefully consider the circumstances before relying on such
individuals. For example, children should not be relied upon except in exigent or very informal and
non-confrontational situations.
368.9 CONTACT AND REPORTING
While all law enforcement contacts, services and individual rights are important, this department
will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may
be targeted where they are most needed, according to the nature and importance of the particular
law enforcement activity involved.
Whenever any member of this department is required to complete a report or other documentation,
and interpretation services are provided to any involved LEP individual, such services should be
noted in the related report. Members should document the type of interpretation services utilized
and whether the individual elected to use services provided by the Department or some other
identified source.
368.10 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE
The Palo Alto Police Department will take reasonable steps and will work with the Personnel
and Training to develop in-house language capacity by hiring or appointing qualified members
proficient in languages representative of the community being served.
368.10.1 EMERGENCY CALLS TO 9-1-1
Department members will make every reasonable effort to promptly accommodate LEP individuals
utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP
individual, the call-taker shall quickly determine whether sufficient information can be obtained to
initiate an appropriate emergency response. If language assistance is still needed, the language
is known and a qualified bilingual member is available in the Communications Center, the call
shall immediately be handled by the qualified bilingual member.
If a qualified bilingual member is not available or the call-taker is unable to identify the caller's
language, the call-taker will contact the contracted telephone interpretation service and establish
a three-way call between the call-taker, the LEP individual and the interpreter.
Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the
assignment, if available and appropriate.
While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to
accommodate LEP individuals seeking routine access to services and information by utilizing the
resources listed in this policy.
368.11 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control and other routine field contacts that may
involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary.
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Members and/or supervisors must assess each situation to determine the need and availability of
language assistance to all involved LEP individuals and utilize the methods outlined in this policy
to provide such assistance.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information and the meaning
or consequences of any enforcement action. For example, it would be meaningless to request
consent to search if the officer is unable to effectively communicate with an LEP individual.
If available, officers should obtain the assistance of a qualified bilingual member or an authorized
interpreter before placing an LEP individual under arrest.
368.12 INVESTIGATIVE FIELD INTERVIEWS
In any situation where an interview may reveal information that could be used as the basis for
arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or
lacks the skills to directly communicate with the LEP individual, an authorized interpreter should
be used. This includes interviews conducted during an investigation with victims, witnesses and
suspects. In such situations, audio recordings of the interviews should be made when reasonably
possible. Identification and contact information for the interpreter (e.g., name, address) should be
documented so that the person can be subpoenaed for trial if necessary.
If an authorized interpreter is needed, officers should consider calling for an authorized interpreter
in the following order:
•An authorized department member or allied agency interpreter
•An authorized telephone interpreter
•Any other authorized interpreter
Any Miranda warnings shall be provided to suspects in their primary language by an authorized
interpreter or, if the suspect is literate, by providing a translated Miranda warning card.
The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders
may be used only when a qualified bilingual member or authorized interpreter is unavailable and
there is an immediate need to interview an LEP individual.
368.13 CUSTODIAL INTERROGATIONS
Miscommunication during custodial interrogations may have a substantial impact on the evidence
presented in a criminal prosecution. Only qualified bilingual members or, if none is available
or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda
warnings shall be provided to suspects in their primary language by the qualified bilingual member
or an authorized interpreter.
In order to ensure that translations during custodial interrogations are accurately documented and
are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.
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368.14 BOOKINGS
When gathering information during the booking process, members should remain alert to the
impediments that language barriers can create. In the interest of the arrestee's health and welfare,
the safety and security of the facility, and to protect individual rights, it is important that accurate
medical screening and booking information be obtained. Members should seek the assistance
of a qualified bilingual member whenever there is concern that accurate information cannot be
obtained or that booking instructions may not be properly understood by an LEP individual.
368.15 COMPLAINTS
The Department shall ensure that LEP individuals who wish to file a complaint regarding members
of this department are able to do so. The Department may provide an authorized interpreter or
translated forms, as appropriate.
Authorized interpreters used for any interview with an LEP individual during an investigation should
not be members of this department.
Any notice required to be sent to an LEP individual as a complaining party pursuant to the
Personnel Complaints Policy should be translated or otherwise communicated in a language-
accessible manner.
368.16 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses and neighborhoods to provide equal access to
such programs and services.
368.17 TRAINING
To ensure that all members who may have contact with LEP individuals are properly trained,
the Department will provide periodic training on this policy and related procedures, including
how to access department-authorized telephonic and in-person interpreters and other available
resources.
The Personnel and Training Lieutenant shall be responsible for ensuring new members receive
LEP training. Those who may have contact with LEP individuals should receive refresher training
at least once every two years thereafter. The Personnel and Training Lieutenant shall maintain
records of all LEP training provided, and will retain a copy in each member's training file in
accordance with established records retention schedules.
Policy
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Communications with Persons with Disabilities
370.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with disabilities,
including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.
370.1.1 DEFINITIONS
Definitions related to this policy include:
Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They
include, but are not limited to, the use of gestures or visual aids to supplement oral communication;
a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive
listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay
service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life
activity, including hearing or seeing, regardless of whether the disabled person uses assistive or
adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are
not considered to have a disability (42 USC § 12102).
Qualified interpreter - A person who is able to interpret effectively, accurately and impartially,
both receptively and expressively, using any necessary specialized vocabulary. Qualified
interpreters include oral interpreters, translators, sign language interpreters and intermediary
interpreters.
370.2 POLICY
It is the policy of the Palo Alto Police Department to reasonably ensure that people with disabilities,
including victims, witnesses, suspects and arrestees have equal access to law enforcement
services, programs and activities. Members must make efforts to communicate effectively with
individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon disabilities.
370.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR
The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107).
The ADA Coordinator shall be appointed by, and directly responsible, to the Field Services Division
Captain or the authorized designee.
The responsibilities of the ADA Coordinator shall include, but not be limited to:
(a)Working with the City ADA coordinator regarding the Palo Alto Police Department’s
efforts to ensure equal access to services, programs and activities.
(b)Developing reports, new procedures, or recommending modifications to this policy.
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(c)Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to department services, programs and activities.
(d)Ensuring that a list of qualified interpreter services is maintained and available to each
Watch Commander and Communications Manager. The list should include information
regarding the following:
1.Contact information
2.Availability
(e)Developing procedures that will enable members to access auxiliary aids or services,
including qualified interpreters, and ensure the procedures are available to all
members.
(f)Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are
available free of charge to people with disabilities.
(g)Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to department
services, programs and activities.
370.4 FACTORS TO CONSIDER
Because the nature of any law enforcement contact may vary substantially from one situation
to the next, members of this department should consider all information reasonably available to
them when determining how to communicate with an individual with a disability. Members should
carefully balance all known factors in an effort to reasonably ensure people who are disabled have
equal access to services, programs and activities. These factors may include, but are not limited to:
(a)Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean
he/she completely understands the message. When there is any doubt, members
should ask the individual to communicate back or otherwise demonstrate their
understanding.
(b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low
vision).
(c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency,
custodial vs. consensual contact).
(d)The availability of auxiliary aids. The fact that a particular aid is not available does
not eliminate the obligation to reasonably ensure access. However, in an emergency,
availability may factor into the type of aid used.
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370.5 INITIAL AND IMMEDIATE CONSIDERATIONS
Recognizing that various law enforcement encounters may be potentially volatile and/or
emotionally charged, members should remain alert to the possibility of communication problems.
Members should exercise special care in the use of all gestures, and verbal and written
communication to minimize initial confusion and misunderstanding when dealing with any
individual with known or suspected disabilities.
In a non-emergency situation, when a member knows or suspects an individual requires
assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary
aid or service.
The individual’s preferred communication method must be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a)The methods of communication usually used by the individual.
(b)The nature, length and complexity of the communication involved.
(c)The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person,
members may use whatever auxiliary aids and services that reasonably appear effective under
the circumstances. This may include, for example, exchanging written notes or using the services
of a person who knows sign language but is not a qualified interpreter, even if the person who is
deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate
auxiliary aid or service. Once the emergency has ended, the continued method of communication
should be reconsidered. The member should inquire as to the individual's preference and give
primary consideration to that preference.
If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in
the custody of the Palo Alto Police Department, consideration should be given, safety permitting,
to placing the handcuffs in the front of the body to facilitate communication using sign language
or writing.
370.6 TYPES OF ASSISTANCE AVAILABLE
Palo Alto Police Department members shall never refuse to assist an individual with disabilities
who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor
shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving
assistance. The Department will make every reasonable effort to provide equal access and timely
assistance to individuals who are disabled through a variety of services.
A person who is disabled may choose to accept department-provided auxiliary aids or services
or they may choose to provide their own.
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Department-provided auxiliary aids or services may include, but are not limited to, the assistance
methods described in this policy.
370.7 AUDIO RECORDINGS AND ENLARGED PRINT
The Department may develop audio recordings to assist people who are blind or have a visual
impairment with accessing important information. If such a recording is not available, members
may read aloud from the appropriate form, for example a personnel complaint form, or provide
forms with enlarged print.
370.8 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a
victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign
language or speechreading (lip-reading) to understand what others are saying. The qualified
interpreter should not be a person with an interest in the case or investigation involving the disabled
individual. A person providing interpretation services may be required to establish the accuracy
and trustworthiness of the interpretation in a court proceeding.
Qualified interpreters should be:
(a)Available within a reasonable amount of time but in no event longer than one hour
if requested.
(b)Experienced in providing interpretation services related to law enforcement matters.
(c)Familiar with the use of VRS and/or video remote interpreting services.
(d)Certified in either American Sign Language (ASL) or Signed English (SE).
(e)Able to understand and adhere to the interpreter role without deviating into other roles,
such as counselor or legal adviser.
(f)Knowledgeable of the ethical issues involved when providing interpreter services.
Members should use department-approved procedures to request a qualified interpreter at the
earliest reasonable opportunity, and generally not more than 15 minutes after a request for an
interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual
who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160).
370.9 TTY AND RELAY SERVICES
In situations where an individual without a disability would have access to a telephone (e.g.,
booking or attorney contacts), members must also provide those who are deaf, hard of hearing
or have impaired speech the opportunity to place calls using an available TTY (also known as a
telecommunications device for deaf people, or TDD). Members shall provide additional time, as
needed, for effective communication due to the slower nature of TTY and TDD communications.
The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing
and received via a telecommunications relay service (28 CFR 35.162).
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Note that relay services translate verbatim, so the conversation must be conducted as if speaking
directly to the caller.
370.10 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated
competence in communication services, such as ASL or SE, and have been approved by the
Department to provide interpreter services.
Where qualified interpreters are unavailable to assist, approved community volunteers who have
demonstrated competence may be called upon when appropriate. However, department members
must carefully consider the nature of the contact and the relationship between the individual with
the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased
assistance.
370.11 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, members should carefully consider
the circumstances before relying on such individuals. The nature of the contact and relationship
between the individual with the disability and the person offering services must be carefully
considered (e.g., victim/suspect).
Children shall not be relied upon except in emergency or critical situations when there is no
qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a)There is an emergency or critical situation and there is no qualified interpreter
reasonably available.
(b)The person with the disability requests that the adult interpret or facilitate
communication and the adult agrees to provide such assistance, and reliance on that
adult for such assistance is reasonable under the circumstances.
370.12 REPORTING
Whenever any member of this department is required to complete a report or other documentation,
and communication assistance has been provided, such services should be noted in the related
report. Members should document the type of communication services utilized and whether the
individual elected to use services provided by the Department or some other identified source.
If the individual’s express preference is not honored, the member must document why another
method of communication was used.
All written communications exchanged in a criminal case shall be attached to the report or placed
into evidence.
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370.13 FIELD ENFORCEMENT
Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving
warrants and restraining orders, crowd/traffic control and other routine field contacts that may
involve individuals with disabilities. The scope and nature of these activities and contacts will
inevitably vary.
The Department recognizes that it would be virtually impossible to provide immediate access
to complete communication services to every member of this department. Members and/or
supervisors must assess each situation and consider the length, complexity and importance of the
communication, as well as the individual’s preferred method of communication, when determining
the type of resources to use and whether a qualified interpreter is needed.
Although not every situation can be addressed in this policy, it is important that members are able
to effectively communicate the reason for a contact, the need for information and the meaning
or consequences of any enforcement action. For example, it would be meaningless to verbally
request consent to search if the officer is unable to effectively communicate with an individual who
is deaf or hard of hearing and requires communications assistance.
If available, officers should obtain the assistance of a qualified interpreter before placing an
individual with a disability under arrest. Individuals who are arrested and are assisted by service
animals should be permitted to make arrangements for the care of such animals prior to transport.
370.13.1 FIELD RESOURCES
Examples of methods that may be sufficient for transactions, such as checking a license or giving
directions to a location or for urgent situations such as responding to a violent crime in progress,
may, depending on the circumstances, include such simple things as:
(a)Hand gestures or visual aids with an individual who is deaf, hard of hearing or has
impaired speech.
(b)Exchange of written notes or communications.
(c)Verbal communication with an individual who can speechread by facing the individual
and speaking slowly and clearly.
(d)Use of computer, word processing, personal communication device or similar device
to exchange texts or notes.
(e)Slowly and clearly speaking or reading simple terms to individuals who have a visual
or mental impairment.
Members should be aware that these techniques may not provide effective communication as
required by law and this policy depending on the circumstances.
370.14 CUSTODIAL INTERROGATIONS
In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech
impairment are protected during a custodial interrogation, this department will provide interpreter
services before beginning an interrogation, unless exigent circumstances exist or the individual
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has made a clear indication that he/she understands the process and desires to proceed without
an interpreter. The use of a video remote interpreting service should be considered, where
appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects
who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning
card.
In order to ensure that communications during custodial investigations are accurately documented
and are admissible as evidence, interrogations should be recorded whenever reasonably possible.
See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.
370.15 ARREST AND BOOKINGS
If an individual with speech or hearing disabilities is arrested, the arresting officer shall use
department-approved procedures to provide a qualified interpreter at the place of arrest or
booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a
different auxiliary aid or service or the officer reasonably determines another effective method of
communication exists under the circumstances.
When gathering information during the booking process, members should remain alert to the
impediments that often exist when communicating with those who are deaf, hard of hearing,
who have impaired speech or vision, are blind, or have other disabilities. In the interest of the
arrestee’s health and welfare, the safety and security of the facility and to protect individual
rights, it is important that accurate medical screening and booking information be obtained. If
necessary, members should seek the assistance of a qualified interpreter whenever there is
concern that accurate information cannot be obtained or that booking instructions may not be
properly understood by the individual.
Individuals who require and possess personally owned communication aids (e.g., hearing aids,
cochlear processors) should be permitted to retain them while in custody.
370.16 COMPLAINTS
The Department shall ensure that individuals with disabilities who wish to file a complaint regarding
members of this department are able to do so. The Department may provide a qualified interpreter
or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA
Coordinator.
Investigations into such complaints shall be handled in accordance with the Personnel Complaints
Policy. Qualified interpreters used during the investigation of a complaint should not be members
of this Department.
370.17 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this department are important
to the ultimate success of more traditional law enforcement duties. This department will continue
to work with community groups, local businesses and neighborhoods to provide equal access to
such programs and services.
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370.18 TRAINING
To ensure that all members who may have contact with individuals who are disabled are properly
trained, the Department will provide periodic training that should include:
(a)Awareness and understanding of this policy and related procedures, related forms and
available resources.
(b)Procedures for accessing qualified interpreters and other available resources.
(c)Working with in-person and telephone interpreters and related equipment.
The Personnel and Training Lieutenant shall be responsible for ensuring new members receive
training related to interacting with individuals who have disabilities, including individuals who are
deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have
contact with such individuals should receive refresher training at least once every two years
thereafter. The Personnel and Training Lieutenant shall maintain records of all training provided,
and will retain a copy in each member’s training file in accordance with established records
retention schedules.
370.18.1 CALL-TAKER TRAINING
Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating
with individuals who are deaf, hard of hearing or who have speech impairments. Such training
and information should include:
(a)The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone
emergency service providers.
(b)ASL syntax and accepted abbreviations.
(c)Practical instruction on identifying and processing TTY or TDD calls, including the
importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations
and protocol when responding to TTY or TDD calls.
(d)Hands-on experience in TTY and TDD communications, including identification of TTY
or TDD tones.
Training should be mandatory for all the Communications Center members who may have contact
with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher
training should occur every six months.
Policy
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Mandatory Employer Notification
372.1 PURPOSE AND SCOPE
The purpose of this policy is to describe the requirements and procedures to follow when a
public or private school employee (teacher and non-teacher) has been arrested under certain
circumstances.
372.2 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING
In the event a school employee is arrested for any offense enumerated below, the Chief of Police
or his/her designee is required to report the arrest as follows.
372.2.1 ARREST OF PUBLIC SCHOOL TEACHER
In the event a public school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal
Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her
designee is mandated to immediately notify by telephone the superintendent of the school district
employing the teacher and to immediately give written notice of the arrest to the Commission on
Teacher Credentialing and to the superintendent of schools in the county where the person is
employed (Health and Safety Code § 11591; Penal Code § 291).
372.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE
In the event a public school non-teacher employee is arrested for any controlled substance offense
enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far
as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses
enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of
Police or his/her designee is mandated to immediately notify by telephone the superintendent of
the school district employing the non-teacher and to immediately give written notice of the arrest
to the governing board of the school district employing the person (Health and Safety Code §
11591; Penal Code § 291).
372.2.3 ARREST OF PRIVATE SCHOOL TEACHER
In the event a private school teacher is arrested for any controlled substance offense enumerated
in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that
section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated
in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is
mandated to immediately notify by telephone the private school authority employing the teacher
and to immediately give written notice of the arrest to the private school authority employing the
teacher (Health and Safety Code § 11591; Penal Code § 291.1).
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372.2.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR
In the event a teacher or instructor employed in a community college district school is arrested
for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health
and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9),
or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the
Chief of Police or the authorized designee is mandated to immediately notify by telephone the
superintendent of the community college district employing the person, and shall immediately give
written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and
Safety Code § 11591.5; Penal Code § 291.5).
372.3 POLICY
The Palo Alto Police Department will meet the reporting requirements of California law to minimize
the risks to children and others.
372.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES
In the event an employee of a community treatment facility, a day treatment facility, a group home,
a short-term residential therapeutic program or a foster family agency is arrested for child abuse
(as defined in Penal Code § 11165.6) and the employee is free to return to work where children
are present, the investigating member shall notify the licensee of the charge of abuse (Health and
Safety Code § 1522.2).
372.5 POLICY ISSUE DATE
Updated: 1-18-17
Policy
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Biological Samples
374.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those individuals
required to provide samples upon conviction or arrest for certain offenses. This policy does not
apply to biological samples collected at a crime scene or taken from a person in conjunction with
a criminal investigation. Nor does it apply to biological samples from those required to register,
for example, sex offenders.
374.2 POLICY
The Palo Alto Police Department will assist in the expeditious collection of required biological
samples from offenders in accordance with the laws of this state and with as little reliance on
force as practicable.
374.3 PERSONS SUBJECT TO DNA COLLECTION
Those who must submit a biological sample include (Penal Code § 296):
(a)A person, including a juvenile, upon conviction or other adjudication of any felony
offense.
(b)A person, including a juvenile, upon conviction or other adjudication of any offense if
the person has a prior felony on record.
(c)An adult arrested or charged with any felony.
374.4 PROCEDURE
When an individual is required to provide a biological sample, a trained employee shall obtain the
sample in accordance with this policy.
374.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a)Verify that the individual is required to provide a sample pursuant to Penal Code §
296; Penal Code § 296.1.
(b)Verify that a biological sample has not been previously collected from the offender
by querying the individual's criminal history record for a DNA collection flag or, during
regular business hours, calling the California Department of Justice (DOJ) designated
DNA laboratory. There is no need to obtain a biological sample if one has been
previously obtained.
(c)Use a DNA buccal swab collection kit provided by the California DOJ to perform the
collection and take steps to avoid cross contamination.
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374.5 USE OF FORCE TO OBTAIN SAMPLES
If a person refuses to cooperate with the sample collection process, officers should attempt to
identify the reason for refusal and seek voluntary compliance without resorting to using force.
Force will not be used in the collection of samples except as authorized by court order and only
with the approval of a supervisor. Methods to consider when seeking voluntary compliance include
contacting:
(a)The person's parole or probation officer when applicable.
(b)The prosecuting attorney to seek additional charges against the person for failure to
comply or to otherwise bring the refusal before a judge.
(c)The judge at the person's next court appearance.
(d)The person's attorney.
(e)A chaplain.
(f)Another custody facility with additional resources, where an arrestee can be
transferred to better facilitate sample collection.
(g)A supervisor who may be able to authorize custodial disciplinary actions to compel
compliance, if any are available.
The supervisor shall review and approve any plan to use force and be present to document the
process.
374.5.1 VIDEO RECORDING
A video recording should be made anytime force is used to obtain a biological sample. The
recording should document all staff participating in the process, in addition to the methods and
all force used during the collection. The recording should be part of the investigation file, if any,
or otherwise retained in accordance with the department's records retention schedule (15 CCR
§ 1059).
374.6 LEGAL MANDATES AND RELEVANT LAWS
California law provides for the following:
374.6.1 DOCUMENTATION RELATED TO FORCE
The Watch Commander shall prepare prior written authorization for the use of any force (15 CCR
§ 1059). The written authorization shall include information that the subject was asked to provide
the requisite specimen, sample or impression and refused, as well as the related court order
authorizing the force.
374.6.2 BLOOD SAMPLES
A blood sample should only be obtained under this policy when:
(a)The California DOJ requests a blood sample and the subject consents, or
(b)A court orders a blood sample following a refusal.
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The withdrawal of blood may only be performed in a medically approved manner by health care
providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this
purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).
374.6.3 LITIGATION
The Chief of Police or authorized designee should notify the California DOJ's DNA Legal Unit in
the event this department is named in a lawsuit involving the DNA Data Bank sample collection,
sample use or any aspect of the state's DNA Data Bank Program.
Policy
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Chaplains
376.1 PURPOSE AND SCOPE
This policy establishes the guidelines for Palo Alto Police Department chaplains to provide
counseling or emotional support to members of the Department, their families and members of
the public.
376.2 POLICY
It is the policy of this department that the Chaplain Program shall be a non-denominational,
ecumenical ministry provided by clergy.
376.3 GOALS
Members of the Chaplain Program shall fulfill the program's purpose in the following manner:
(a)By serving as a resource for department personnel when dealing with the public in
such incidents as accidental deaths, suicides, suicidal subjects, serious accidents,
drug and alcohol abuse, and other such situations that may arise.
(b)By providing an additional link between the community, other chaplain programs and
the Department.
(c)By providing counseling, spiritual guidance and insight for department personnel and
their families.
(d)By being alert to the spiritual and emotional needs of department personnel and their
families.
(e)By familiarizing themselves with the role of law enforcement in the community.
376.4 REQUIREMENTS
Candidates for the Chaplain Program shall meet the following requirements:
(a)Must be above reproach, temperate, prudent, respectable, hospitable, able to teach,
not be addicted to alcohol or other drugs, not contentious, and free from excessive
debt. Must manage their household, family, and personal affairs well. Must have a
good reputation with those outside the church.
(b)Must be ecclesiastically certified and/or endorsed, ordained, licensed, or
commissioned by a recognized religious body.
(c)Must successfully complete an appropriate level background investigation.
(d)Must have at least five years of successful ministry experience within a recognized
church or religious denomination.
(e)Membership in good standing with the International Conference of Police Chaplains
(ICPC).
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(f)Possess a valid California Drivers License.
376.5 SELECTION PROCESS
Chaplain candidates are encouraged to participate in the ride-along program before and during
the selection process. Chaplain candidates shall successfully complete the following process prior
to deployment as a chaplain:
(a)Appropriate written application.
(b)Recommendation from their church elders, board, or council.
(c)Interview with Chief of Police & Chaplain Supervisor
(d)Successfully complete an appropriate level background investigation.
(e)Complete an appropriate probationary period as designated by the Chief of Police.
376.6 DUTIES AND RESPONSIBILITIES
The duties of a chaplain include, but are not limited to, the following:
(a)Assisting in making notification to families of department members who have been
seriously injured or killed.
(b)After notification, responding to the hospital or home of the department member.
(c)Visiting sick or injured law enforcement personnel in the hospital or at home.
(d)Attending and participating, when requested, in funerals of active or retired members
of the Department.
(e)Assisting sworn personnel in the diffusion of a conflict or incident, when requested.
(f)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 Department's mission.
(g)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 personnel.
(h)Counseling officers and other personnel with personal problems, when requested.
(i)Attending department and academy graduations, ceremonies and social events and
offering invocations and benedictions, as requested.
(j)Being responsible for the organization and development of spiritual organizations in
the Department.
(k)Responding to all major disasters such as earthquakes, bombings and similar critical
incidents.
(l)Providing liaison with various religious leaders of the community.
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(m)Assisting public safety personnel and the community in any other function of the clergy
profession, as requested.
(n)Participating in in-service training classes.
(o)Willing to train to enhance effectiveness.
(p)Promptly facilitating requests for representatives or ministers of various
denominations.
(q)Making referrals in cases where specialized attention is needed or in cases that are
beyond the chaplain's ability to assist.
Chaplains may not proselytize or attempt to recruit members of the department or the public into
a religious affiliation while on-duty unless the receiving person has solicited spiritual guidance or
teaching. If there is any question as to the receiving person's intent, chaplains should verify that
the person is desirous of spiritual counseling or guidance before engaging in such discussion.
Chaplains may not accept gratuities for any service or follow-up contacts that was provided while
functioning as a chaplain for the Palo Alto Police Department.
376.7 CLERGY-PENITENT CONFIDENTIALITY
No person who provides chaplain services to members of the department may work or volunteer
for the Palo Alto Police Department in any capacity other than that of chaplain.
Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits
of the clergy-penitent privilege and shall inform department members when it appears reasonably
likely that the member is discussing matters that are not subject to the clergy-penitent privilege. In
such cases, the chaplain should consider referring the member to a non-department counseling
resource.
No chaplain shall provide counsel to or receive confidential communications from any Palo Alto
Police Department employees concerning an incident personally witnessed by the chaplain or
concerning an incident involving the chaplain.
376.7.1 ASSISTING DEPARTMENT MEMBERS
The responsibilities of a chaplain related to department members include, but are not limited to:
(a)Assisting in making notification to families of members who have been seriously
injured or killed and, after notification, responding to the hospital or home of the
member.
(b)Visiting sick or injured members in the hospital or at home.
(c)Attending and participating, when requested, in funerals of active or retired members.
(d)Serving as a resource for members when dealing with the public in incidents, such
as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol
abuse and other such situations that may arise.
(e)Providing counseling and support for members and their families.