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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. Palo Alto Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Discriminatory Harassment - 172 328.5 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: Palo Alto Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Discriminatory Harassment - 173 •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 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 174 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. Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 175 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. Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 176 (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 Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 177 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 Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 178 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: Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 179 330.7.1 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 Palo Alto Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Child Abuse - 180 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 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 181 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) Palo Alto Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 182 •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. Palo Alto Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 183 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 Palo Alto Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 184 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]. Palo Alto Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 185 (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: Palo Alto Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Missing Persons - 186 (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 Policy 334 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Public Alerts - 187 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)): Palo Alto Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Public Alerts - 188 (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. Palo Alto Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Public Alerts - 189 334.5.1 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). Palo Alto Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Public Alerts - 190 334.6.1 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 Policy 336 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Victim and Witness Assistance - 191 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). Palo Alto Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Victim and Witness Assistance - 192 336.4 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. Palo Alto Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Victim and Witness Assistance - 193 (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 Policy 338 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hate Crimes - 194 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). Palo Alto Police Department Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hate Crimes - 195 338.2 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. Palo Alto Police Department Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hate Crimes - 196 (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 Palo Alto Police Department Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hate Crimes - 197 “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; Palo Alto Police Department Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Hate Crimes - 198 (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 Policy 340 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 199 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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 200 (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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 201 (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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 202 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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 203 (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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 204 (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). Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 205 (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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 206 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. Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 207 (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 Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 208 (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 Palo Alto Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Standards of Conduct - 209 of an employees disciplinary file refer to City of Palo Alto Merit System Rules and Regulations §1026. Policy 342 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Computer Use - 210 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. Palo Alto Police Department Policy Manual Department Computer Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Computer Use - 211 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. Palo Alto Police Department Policy Manual Department Computer Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Computer Use - 212 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 344 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Report Preparation - 213 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 Palo Alto Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Report Preparation - 214 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. Palo Alto Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Report Preparation - 215 (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. Palo Alto Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Report Preparation - 216 344.3.2 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 346 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department News Media Relations - 217 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 Palo Alto Police Department Policy Manual News Media Relations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department News Media Relations - 218 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 Palo Alto Police Department Policy Manual News Media Relations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department News Media Relations - 219 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; Palo Alto Police Department Policy Manual News Media Relations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department News Media Relations - 220 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)); Palo Alto Police Department Policy Manual News Media Relations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department News Media Relations - 221 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 348 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Subpoenas and Court Appearances - 222 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). Palo Alto Police Department Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Subpoenas and Court Appearances - 223 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. Palo Alto Police Department Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Subpoenas and Court Appearances - 224 348.3.3 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. Palo Alto Police Department Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Subpoenas and Court Appearances - 225 348.8.1 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. Palo Alto Police Department Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Subpoenas and Court Appearances - 226 348.9.2 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 350 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 227 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. Palo Alto Police Department Policy Manual Reserve Officers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 228 350.3.1 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 Palo Alto Police Department Policy Manual Reserve Officers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 229 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. Palo Alto Police Department Policy Manual Reserve Officers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 230 350.5 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. Palo Alto Police Department Policy Manual Reserve Officers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 231 350.5.6 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: Palo Alto Police Department Policy Manual Reserve Officers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reserve Officers - 232 (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 352 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Agency Assistance - 233 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. Palo Alto Police Department Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Agency Assistance - 234 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 356 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Registered Offender Information - 235 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.). Palo Alto Police Department Policy Manual Registered Offender Information Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Registered Offender Information - 236 356.4 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 Palo Alto Police Department Policy Manual Registered Offender Information Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Registered Offender Information - 237 (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 358 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Major Incident Notification - 238 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. Palo Alto Police Department Policy Manual Major Incident Notification Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Major Incident Notification - 239 358.4.1 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 360 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Death Investigation - 240 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. Palo Alto Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Death Investigation - 241 (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 Palo Alto Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Death Investigation - 242 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 Palo Alto Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Death Investigation - 243 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 362 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Identity Theft - 244 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 Palo Alto Police Department Policy Manual Identity Theft Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Identity Theft - 245 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 364 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Private Persons Arrests - 246 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. Palo Alto Police Department Policy Manual Private Persons Arrests Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Private Persons Arrests - 247 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 366 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Reproductive Rights Crimes Reporting - 248 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. Palo Alto Police Department Policy Manual Anti-Reproductive Rights Crimes Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Reproductive Rights Crimes Reporting - 249 2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). Policy 368 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 250 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 Palo Alto Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 251 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 Palo Alto Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 252 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. Palo Alto Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 253 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. Palo Alto Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 254 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. Palo Alto Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Limited English Proficiency Services - 255 368.14 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 370 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 256 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. Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 257 (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. Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 258 370.5 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. Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 259 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). Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 260 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. Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 261 370.13 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 Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 262 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. Palo Alto Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communications with Persons with Disabilities - 263 370.18 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 372 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mandatory Employer Notification - 264 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). Palo Alto Police Department Policy Manual Mandatory Employer Notification Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Mandatory Employer Notification - 265 372.2.4 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 374 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Biological Samples - 266 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. Palo Alto Police Department Policy Manual Biological Samples Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Biological Samples - 267 374.5 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. Palo Alto Police Department Policy Manual Biological Samples Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Biological Samples - 268 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 376 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Chaplains - 269 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). Palo Alto Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Chaplains - 270 (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. Palo Alto Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Chaplains - 271 (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.