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HomeMy Public PortalAbout20200622plCC9701-32 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 9 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 Communicable Diseases Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communicable Diseases - 640 1016.7.1 COUNSELING The [Department/Office] shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure (8 CCR 5193). 1016.7.2 INITIAL POST-EXPOSURE STEPS Members who experience an exposure or suspected exposure shall: (a)Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b)Obtain medical attention as appropriate. (c)Notify a supervisor as soon as practicable. 1016.7.3 REPORTING REQUIREMENTS The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented (8 CCR 5193): (a)Name and Social Security number of the member exposed (b)Date and time of the incident (c)Location of the incident (d)Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source) (e)Work being done during exposure (f)How the incident occurred or was caused (g)PPE in use at the time of the incident (h)Actions taken post-event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. The supervisor should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Occupational Disease and Work-Related Injury Reporting Policy). 1016.7.4 MEDICAL CONSULTATION, EVALUATION AND TREATMENT [Department/Office] members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary (8 CCR 5193). The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information: (a)Whether the member has been informed of the results of the evaluation. (b)Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. Palo Alto Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communicable Diseases - 641 No other information should be requested or accepted by the ECO. 1016.7.5 SOURCE TESTING Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate (8 CCR 5193). Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought. Source testing may be achieved by: (a)Obtaining consent from the individual. (b)Complying with the statutory scheme of Health and Safety Code § 121060. This includes seeking consent from the person who was the source of the exposure and seeking a court order if consent is not given. (c)Testing the exposed member for evidence of a communicable disease and seeking consent from the source individual to either access existing blood samples for testing or for the source to submit to testing (Health and Safety Code § 120262). (d)Taking reasonable steps to immediately contact the County Health Officer and provide preliminary information regarding the circumstances of the exposure and the status of the involved individuals to determine whether the County Health Officer will order testing (Penal Code § 7510). (e)Under certain circumstances, a court may issue a search warrant for the purpose of HIV testing a person when the exposed member qualifies as a crime victim (Penal Code § 1524.1). Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing. The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses. 1016.8 POLICY The Palo Alto Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. Policy 1018 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Smoking and Tobacco Use - 642 Smoking and Tobacco Use 1018.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in Palo Alto Police Department facilities or vehicles. For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 1018.2 POLICY The Palo Alto Police Department recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy (Government Code § 7597; Labor Code § 6404.5). 1018.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited anytime members are in public view representing the Palo Alto Police Department. It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside City facilities and vehicles. 1018.4 ADDITIONAL PROHIBITIONS No person shall use tobacco products within 20 feet of a main entrance, exit or operable window of any public building (including any department facility), or buildings on the campuses of the University of California, California State University and California community colleges, whether present for training, enforcement or any other purpose (Government Code § 7596 et seq.). 1018.4.1 NOTICE The Chief of Police or the authorized designee should ensure that proper signage is posted at each entrance to the Department facility (Labor Code § 6404.5). 1018.5 POLICY ISSUE DATE 06-26-16 Policy 1020 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 643 Personnel Complaints 1020.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Palo Alto Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1020.1.1 INTERNAL AFFAIRS COMPLAINT INVESTIGATION GUIDELINES For detailed information about complaint investigation refer to the Department Internal Affairs Complaint Investigation Guideline Manual. 1020.2 POLICY The Palo Alto Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law, municipal and county rules and the requirements of any collective bargaining agreements. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation. 1020.3 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a)May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b)Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c)May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1020.4 IA PRO SOFTWARE EARLY IDENTIFICATION AND INTERVENTION SYSTEM 1020.4.1 PURPOSE AND SCOPE The Palo Alto Police Department utilizes IA Pro software to track Internal Affairs Investigations and other statistical information. IA Pro is a management tool used to efficiently assign and monitor Internal Affairs investigations and to assist with an Early Identification and Intervention Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 644 System, (EIIS). Additionally, IA Pro establishes "thresholds" to determine possible training needs of employees. The system is designed to be highly secure at the database level and at the application level with record level screening, feature access screening, mailbox screening, and tracking of users' actions into a background usage log. EIIS is intended to be a "positive" approach so that supervisors and managers can address behavior before it results in discipline, lawsuits, injuries or other negative consequences. This systematic, proactive approach reflects the Palo Alto Police Department's commitment to integrity and ethics both internally and externally. EIIS also represents the Police Department's commitment to the welfare of all employees. This policy is intended to assist Police Department supervisors and managers in identifying employees whose performance may require review, training, counseling or other resources that might improve the employee's performance. 1020.4.2 PROCEDURES The Palo Alto Police Department has purchased and installed an IA-PRO software program. The Personnel and Training Unit will coordinate the administration, data entry and review of both the EIIS and the IA-PRO software. Information from IA-PRO and the EIIS system are considered confidential and will not be shared without proper authorization. Employees will be allowed to review their own personal data by contacting the Personnel and Training Lieutenant to set up an appointment. Information will not be released to an outside source without a valid Pitchess Motion, Court Order, or lawful request. No copies of any IA-PRO screens will be placed in an officer's personnel file. Files will be purged from the IA-PRO system in accordance with the section 1026 of this manual. 1020.4.3 EARLY INTERVENTION The components of the EIIS include Performance Indicators; Identification and Selection; Intervention and Follow-up Monitoring. 1020.4.4 PERFORMANCE INDICATORS Performance indicators represent the category of employee performance activity that the Palo Alto Police Department has selected to monitor. Incidents used as indicators may include but are not limited to: •Use of Force (Less Lethal and Deadly Force) •Vehicle Pursuits •Citizens Complaints •Commendations, Compliments and Awards (Citizen and Departmental) •Claims and Civil Suits •Canine Bites •Internal Affairs Investigations Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 645 •Pitchess Motions •District Attorney Case Rejections •Accidental Discharges •Worker's Compensation Claims •Informal Inquiry Reports •Accidents •Sick Leave 1020.4.5 IDENTIFICATION AND SELECTION Three (3) incidents in a twelve month period will result in an alert in the IAPRO Records Management System. The Personnel and Training Lieutenant will advise the affected employee's supervisor, manager, and Division Captain/Coordinator. This group will conduct a careful evaluation of any related documentation to determine if the employee's performance is problematic and requires intervention. A non-disciplinary interview with the employee may also be conducted. After a review, it may be determined that an intervention is not appropriate as the behavior did not require such. 1020.4.6 INTERVENTION If intervention is determined to be the course of action, the employee's supervisor will be responsible for developing a plan. The plan will include specific examples of what performance requires improvement as well as the performance expectations. The plan will also identify the activities, support systems, and resources that will be provided to assist the employee. The supervisor will consult with the employee to obtain their input when developing the intervention plan. The supervisor and Division Captain/Coordinator will determine the amount of time that the intervention plan will be in place. The supervisor will provide the Division Captain/Coordinator with monthly updates on the employee's performance. Intervention may include but is not limited to training, counseling, departmental changes or voluntary re-assignments. Training options include, but are not limited to: •Defensive Tactics •Legal Updates (Search and Seizure) •Report Writing •Anger Management •Cultural Diversity •Verbal Judo •Driver/Pursuit Training •Physical Fitness Training Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 646 Counseling options include, but are not limited to: •Supervisor Coaching •Supervisor Counseling •Peer Counseling •EAP Referral •Referral to the Health Resources Coordinator •Stress Reduction Training •Critical Incident Stress Management •Fitness for Duty Departmental change options include, but are not limited to: •Review/Modify Training •Review/Modify Policy •Equipment Purchase Voluntary reassignment options include, but are not limited to: •Temporary Voluntary Reassignment •Voluntary Alternate Shift 1020.4.7 POST INTERVENTION MONITORING Once the intervention plan has been completed, the supervisor and Division Captain/Coordinator will review the employee's performance on a quarterly basis to ensure that the plan has been successful. 1020.5 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be advised of his/her constitutional rights (Government Code § 3303(h)). The member should not be administratively ordered to provide any information in the criminal investigation. No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 647 The Palo Alto Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1020.6 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review and include their comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1020.6.1 DIVISION COMMANDER RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Division Captain of the involved member shall review the entire investigative file, the member'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. Prior to forwarding recommendations to the Chief of Police, the Division Captain may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Division Captain shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. 1020.6.2 CHIEF OF POLICE RESPONSIBILITIES 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 shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a pre- disciplinary procedural due process hearing (Skelly) by providing written notice of the charges, proposed action and reasons for the proposed action. Written notice shall be provided within one year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of Police shall also provide the member with: (a)Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b)An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1.Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 648 2.If the member elects to respond orally, the presentation may be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 1020.7 PRE-DISCIPLINE 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)The 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 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 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. 1020.8 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1020.9 POST-DISCIPLINE APPEAL RIGHTS Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal using the procedures established by any collective bargaining agreement, Memorandum of Understanding and/or personnel rules. In the event of punitive action against an employee covered by the POBR, the appeal process shall be in compliance with Government Code § 3304 and Government Code § 3304.5. Palo Alto Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Complaints - 649 During any 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 the penalty (Government Code § 3305.5). 1020.10 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will and probationary employees and those members other than non-probationary employees may be released from employment for non-disciplinary reasons (e.g., failure to meet standards) without adherence to the procedures set forth in this policy or any right to appeal. However, any probationary officer subjected to an investigation into allegations of misconduct shall be entitled to those procedural rights, as applicable, set forth in the Peace Officer Bill of Rights (Government Code § 3303; Government Code § 3304). At-will, probationary employees and those other than non-probationary employees subjected to discipline or termination as a result of allegations of misconduct shall not be deemed to have acquired a property interest in their position, but shall be given the opportunity to appear before the Chief of Police or authorized designee for a non- evidentiary hearing for the sole purpose of attempting to clear their name or liberty interest. There shall be no further opportunity for appeal beyond the liberty interest hearing and the decision of the Chief of Police shall be final. 1020.11 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Files Policy. Policy 1022 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Seat Belts - 650 Seat Belts 1022.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5). 1022.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213. 1022.2 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non-members, are also properly restrained. Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement. 1022.3 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1022.4 INOPERABLE SEAT BELTS Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 1022.5 TRANSPORTING CHILDREN Children under the age of 8 shall be transported in compliance with California’s child restraint system requirements (Vehicle Code § 27360; Vehicle Code § 27363). Palo Alto Police Department Policy Manual Seat Belts Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Seat Belts - 651 Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. A child shall not be transported in a rear-facing child restraint system in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code § 27363). 1022.6 POLICY It is the policy of the Palo Alto Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1022.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1022.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. 1022.9 POLICY ISSUE DATE Updated: 02-19-16 Policy 1024 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Body Armor - 652 Body Armor 1024.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1024.2 POLICY It is the policy of the Palo Alto Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1024.3 ISSUANCE OF BODY ARMOR The Administrative Services supervisor shall ensure that body armor is issued to all officers when the officer begins service at the Palo Alto Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The Administrative Services supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1024.3.1 USE OF SOFT BODY ARMOR Generally, the use of body armor is required subject to the following: (a)Officers shall only wear agency-approved body armor. (b)The Department encourages all on-duty officers to wear soft body armor, but it is required for sworn personnel hired after January 1, 1999, whenever they are in uniform. (c)When officers are assigned to a SWAT operation, stakeout, service of felony arrest warrant(s), or, are serving a search warrant at a location where there is reason to believe a felony suspect may be present, the wearing of a body armor is mandatory. This requirement applies to all officers, whether in a uniform or plain clothes assigned. (d)Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. (e)Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (f)Body armor shall be worn when an officer is working in uniform or taking part in Department range training. Palo Alto Police Department Policy Manual Body Armor Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Body Armor - 653 (g)An officer may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. 1024.3.2 CARE AND MAINTENANCE OF SOFT BODY ARMOR Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions. Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Soft body armor should be replaced in accordance with the manufacturer's recommended replacement schedule. Policy 1026 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 654 Personnel Records 1026.1 PURPOSE AND SCOPE This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name._ 1026.2 POLICY It is the policy of this [department/office] to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7). 1026.3 [DEPARTMENT/OFFICE] FILE The [department/office] file shall be maintained as a record of a person’s employment/appointment with this [department/office]. The [department/office] file should contain, at a minimum: (a)Personal data, including photographs, marital status, names of family members, educational and employment history or similar information. A photograph of the member should be permanently retained. (b)Election of employee benefits. (c)Personnel action reports reflecting assignments, promotions and other changes in employment/appointment status. These should be permanently retained. (d)Original performance evaluations. These should be permanently maintained. (e)Discipline records, including copies of sustained personnel complaints. 1.Disciplinary action resulting from sustained internally initiated complaints or observation of misconduct shall be maintained pursuant to the established records retention schedule and at least two years (Government Code § 26202; Government Code § 34090). 2.Disciplinary action resulting from a sustained civilian's complaint shall be maintained pursuant to the established records retention schedule and at least five years (Penal Code § 832.5). Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment (Government Code § 3305). (f)Adverse comments such as supervisor notes or memos may be retained in the [department/office] file after the member has had the opportunity to read and initial the comment (Government Code § 3305). 1.Once a member has had an opportunity to read and initial any adverse comment, the member shall be given the opportunity to respond in writing to the adverse comment within 30 days (Government Code § 3306). 2.Any member response shall be attached to and retained with the original adverse comment (Government Code § 3306). Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 655 3.If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment and the member should sign or initial the noted refusal. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the member's file (Government Code § 3305). (g)Commendations and awards. (h)Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy. IA Pro Computer Management System: all files contained in this system shall be stored on the designated server and maintained by the Personnel and Training Division. 1026.4 DIVISION FILE Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file may contain supervisor comments, notes, notices to correct and other materials that are intended to serve as a foundation for the completion of timely performance evaluations. All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code § 3305 and Government Code § 3306. 1026.5 TRAINING FILE An individual training file shall be maintained by the Personnel and Training Lieutenant for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records)._ (a)The involved member is responsible for providing the Personnel and Training Lieutenant or immediate supervisor with evidence of completed training/education in a timely manner. (b)The Personnel and Training Lieutenant or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1026.6 INTERNAL AFFAIRS FILE Internal affairs files shall be maintained under the exclusive control of the Personnel and Training Division in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police or the Personnel and Training Lieutenant These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition. Investigations of complaints that result in the following findings shall not be placed in the member's file but will be maintained in the internal affairs file: (a)Not sustained Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 656 (b)Unfounded (c)Exonerated Investigation files arising out of civilian’s complaints shall be maintained pursuant to the established records retention schedule and for a period of at least five years. Investigations that resulted in other than a sustained finding may not be used by the [Department/Office] to adversely affect an employee’s career (Penal Code § 832.5). Investigation files arising out of internally generated complaints shall be maintained pursuant to the established records retention schedule and for at least two years (Government Code § 26202; Government Code § 34090). 1026.7 MEDICAL FILE A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the member’s medical condition and history, including but not limited to: (a)Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA). (b)Documents relating to workers’ compensation claims or the receipt of short- or long- term disability benefits. (c)Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries and related documents. (d)Medical release forms, doctor’s slips and attendance records that reveal a member’s medical condition. (e)Any other documents or materials that reveal the member’s medical history or medical condition, including past, present or future anticipated mental, psychological or physical limitations. 1026.8 SECURITY Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection. Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy or according to applicable discovery procedures. Nothing in this policy is intended to preclude review of personnel records by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business._ 1026.8.1 SEALING OF AN EMPLOYEE'S DISCIPLINARY FILE For employees of SEIU, refer to Article VI, Section 3 of the Memorandum of Agreement for further information. Employees of PAPOA and PMA may request that disciplinary actions be sealed according to the following schedule: Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 657 (a)Written reprimands with no recurrence after one (1) year; (b)Disciplinary probation after three (3) years from implementation of such probation if no other disciplinary action has occurred during that period; (c)Suspensions less than three (3) days without recurrence, after two (2) years. (d)Suspensions of more than three (3) days but less than six (6) days, after three (3) years; (e)Suspensions of six (6) days or more, after five (5) years. A written request for the sealing of disciplinary actions or sustained citizen complaints should be directed to the Personnel and Training Lieutenant. 1026.8.2 CITY HUMAN RESOURCES DEPARTMENT The City Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken. Human Resources Department copies of the disciplinary action will also be sealed in a manner consistent with the Police Department's action. 1026.8.3 REQUESTS FOR DISCLOSURE Any member receiving a request for a personnel record shall promptly notify the Custodian of Records or other person charged with the maintenance of such records. Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made (Evidence Code § 1043). The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel. All requests for disclosure that result in access to a member’s personnel records shall be logged in the corresponding file._ 1026.8.4 RELEASE OF PERSONNEL INFORMATION Personnel records shall not be disclosed except as allowed by law (Penal Code § 832.7; Evidence Code § 1043) (See also Records Maintenance and Release Policy). Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this [department/office] may be guilty of a misdemeanor (Penal Code § 146e). The [Department/Office] may release any factual information concerning a disciplinary investigation if the member who is the subject of the investigation (or the member's representative) publicly makes a statement that is published in the media and that the member (or representative) knows to be false. The disclosure of such information, if any, shall be limited to facts that refute any such false statement (Penal Code § 832.7). Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 658 1026.9 PURGING PROCEDURE The Personnel and Training Department is responsible for the personnel record purging process. Administrative and Internal Affairs Investigation documents, Citizen Complaints and other related files will be purged according to the City of Palo Alto Record Retention Schedule, provided that the documents are not evidence in any criminal proceeding, related to any claim filed against the City or related to any pending litigation. Prior to purging personnel or Internal Affairs Investigation documents, authorization must be obtained from the City Attorney's office and the destruction of documents must be approved, in writing, from the City Clerk's office. Every effort should be made by the Personnel and Training Division to annually purge personnel files, according to the City's Records Retention Schedule. 1026.10 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS Any member may request access to his/her own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from his/her personnel records shall file a written request to the Chief of Police through the chain of command. The [Department/Office] shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response from the [Department/Office] shall be retained with the contested item in the member’s corresponding personnel record (Government Code § 3306.5). Members may be restricted from accessing files containing any of the following information: (a)An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline. (b)Confidential portions of internal affairs files that have not been sustained against the member. (c)Criminal investigations involving the member. (d)Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member. (e)Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f)Materials used by the [Department/Office] for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for department planning purposes. (g)Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 659 (h)Records relevant to any other pending claim between the [Department/Office] and the member that may be discovered in a judicial proceeding. 1026.11 RETENTION AND PURGING Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule. (a)During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b)If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police. (c)If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule._ 1026.12 POLICY ISSUE DATE 3-22-18 06-26-16 10-11-18 05-02-19 1026.13 RELEASE OF PERSONNEL RECORDS AND RECORDS RELATED TO CERTAIN INCIDENTS, COMPLAINTS, AND INVESTIGATIONS OF OFFICERS Personnel records and records related to certain incidents, complaints, and investigations of officers shall be released pursuant to a proper request under the Public Records Act and subject to redaction and delayed release as provided by law. The Custodian of Records should work as appropriate with the Chief of Police or the Internal Affairs Unit supervisor in determining what records may qualify for disclosure when a request for records is received and if the requested record is subject to redaction or delay from disclosure. For purposes of this section, a record includes (Penal Code § 832.7(b)(2)): •All investigation reports. •Photographic, audio, and video evidence. •Transcripts or recordings of interviews. •Autopsy reports. Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 660 •All materials compiled and presented for review to the District Attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer’s action was consistent with law and [department/office] policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take. •Documents setting forth findings or recommending findings. •Copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Unless a record or information is confidential or qualifies for delayed disclosure as provided by Penal Code § 832.7(b)(7) or other law, the following records shall be made available for public inspection upon request (Penal Code § 832.7): (a)Records relating to the report, investigation, or findings of: 1.The discharge of a firearm at another person by an officer. 2.The use of force against a person resulting in death or in great bodily injury (as defined by Penal Code § 243(f)(4)) by an officer. (b)Records relating to an incident where a sustained finding (see the Personnel Complaints Policy) was made by the [department/office] or oversight agency regarding: 1.An officer engaged in sexual assault of a member of the public (as defined by Penal Code § 832.7(b)). 2.Dishonesty of an officer relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another officer, including but not limited to any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence. A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure (Penal Code § 832.7(b)(3)). When an investigation involves multiple officers, the [Department/Office] shall not release information about allegations of misconduct or the analysis or disposition of an investigation of an officer unless it relates to a sustained finding of a qualified allegation as provided by Penal Code § 832.7(b)(4) against the officer. However, factual information about the action of the officer during an incident or the statements of an officer shall be released if the statements are relevant to a sustained finding of the qualified allegation against another officer that is subject to release (Penal Code § 832.7(b)(4)). 1026.13.1 REDACTION The Custodian of Records, in consultation with the Chief of Police or authorized designee, shall redact the following portions of records made available for release (Penal Code § 832.7(b)(5)): Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 661 (a)Personal data or information (e.g., home address, telephone number, identities of family members) other than the names and work-related information of officers (b)Information that would compromise the anonymity of complainants and witnesses (c)Confidential medical, financial, or other information where disclosure is prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force (d)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the officer or another person Additionally, a record may be redacted, including redacting personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosing it (Penal Code § 832.7(b)(6)). 1026.13.2 DELAY OF RELEASE Unless otherwise directed by the Chief of Police, the Custodian of Records should consult with a supervisor familiar with the underlying investigation to determine whether to delay disclosure of records relating to the discharge of a firearm or use of force resulting in death or in great bodily injury due to any of the following conditions (Penal Code § 832.7): (a)Active criminal investigations 1.Disclosure may be delayed 60 days from the date the use of force occurred or until the District Attorney determines whether to file criminal charges, whichever occurs sooner. 2.After the initial 60 days, delay of disclosure may be continued if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer or against someone other than an officer who used the force. (b)Filed criminal charges 1.When charges are filed related to an incident where force was used, disclosure may be delayed until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea has passed. (c)Administrative investigations 1.Disclosure may be delayed until whichever occurs later: (a)There is a determination from the investigation whether the use of force violated law or [department/office] policy, but no longer than 180 days after the date of the [department/office]’s discovery of the use of force or allegation of use of force (b)Thirty days after the close of any criminal investigation related to the officer’s use of force Palo Alto Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel Records - 662 1026.13.3 NOTICE OF DELAY OF RECORDS When there is justification for delay of disclosure of records relating to the discharge of a firearm or use of force resulting in death or in great bodily injury during an active criminal investigation, the Custodian of Records shall provide written notice of the reason for any delay to a requester as follows (Penal Code § 832.7): (a)Provide the specific basis for the determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. The notice shall also include the estimated date for the disclosure of the withheld information. (b)When delay is continued beyond the initial 60 days because of criminal enforcement proceedings against anyone, at 180-day intervals provide the specific basis that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding and the estimated date for disclosure. 1.Information withheld shall be disclosed when the specific basis for withholding the information is resolved, the investigation or proceeding is no longer active, or no later than 18 months after the date of the incident, whichever occurs sooner, unless: (a)When the criminal proceeding is against someone other than an officer and there are extraordinary circumstances to warrant a continued delay due to the ongoing criminal investigation or proceeding, then the [Department/ Office] must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest for prompt disclosure of records about use of serious force by officers. In cases where an action to compel disclosure is brought pursuant to Government Code § 6258, the [Department/Office] may justify delay by filing an application to seal the basis for withholding if disclosure of the written basis itself would impact a privilege or compromise a pending investigation (Penal Code § 832.7(b)(7)). Policy 1030 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Commendations - 663 Employee Commendations 1030.1 PURPOSE AND SCOPE Special recognition may be in order whenever an employee performs his/her duties in an exemplary manner. This procedure provides general guidelines for the commending of exceptional employee performance. 1030.2 WHO MAY MAKE COMMENDATIONS A written commendation may be made by any supervisor regarding any other employee of the Department, provided the reporting person is superior in rank or is the person-in-charge of the individual being commended. Additionally, investigating officers may commend uniformed officers for exceptional assistance in investigative functions, with approval from the investigator's supervisor. Any employee may recommend a commendation to the supervisor of the employee subject to commendation. 1030.3 COMMENDABLE ACTIONS A meritorious or commendable act by an employee of this department may include, but is not limited to, the following: •Superior handling of a difficult situation by an employee •Conspicuous bravery or outstanding performance by any employee of the Department •Any action or performance that is above and beyond the typical duties of an employee 1030.4 POLICY The Department is a service-oriented organization. Yet, the nature of the services which we provide to the community often involve intense danger, emotions, stress, and complexity. Therefore, when personnel succeed in providing our services under such circumstances, it is the policy of the Department to recognize them for their efforts. The following guidelines are established to assist supervisors and managers in commending personnel. Supervisors and managers will use the following classifications and guidelines for issuing commendations to officers. 1030.4.1 LEVEL ONE - COMMENDATION OF VALOR (a)A commendation of valor shall be considered when an employee: 1.Engages in an act of true valor or heroism; 2.Acted above and beyond the call of duty, an action definitely not required by the job; and/or 3.Exposed self to hazards or imminent danger beyond the call of duty without acting recklessly. Palo Alto Police Department Policy Manual Employee Commendations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Commendations - 664 (b)Procedure for Commendation of Valor 1.Endorsed by the Division Captain or Coordinator and the Police Chief; 2.Issued on parchment paper with blue border; 3.Posted on Department bulletin boards; 4.Routed to other Divisions for posting on their bulletin boards; 5.Acknowledged at all watch and Division briefings; 6.Police Chief presents original commendation to employee at special awards ceremony; 7.Commendation signed by Supervisor, Watch Commander, Division Captain or Coordinator, Assistant Police Chief, and Police Chief; and 8.Copy placed in employee's personnel file. 1030.4.2 LEVEL TWO - NOTICE OF MERIT (a)A notice of merit commendation shall be considered when an employee: 1.Made a correct decision with very limited information in a dangerous or high- risk situation; 2.Conducted tenacious follow-through to successful conclusion in a high-risk, dangerous or extremely complicated case; 3.Was subjected to direct hazard that could not be avoided to complete his or her duties; and/or 4.Was involved in a life-saving or life-threatening situation involving severe hazard to the employee. (b)Procedure for Notice of Merit 1.Endorsed by the Division Captain or Coordinator and the Police Chief; 2.Issued on bond paper with raised gold City of Palo Alto heading; 3.Posted on Department bulletin boards; 4.Signed by Supervisor, Watch Commander, Division Captain or Coordinator, Assistant Police Chief, and Police Chief; 5.Copy of commendation placed in personnel file; 6.Original presented to employee at their watch or Division briefing by the Division Captain or Coordinator; and 7.Acknowledged at all briefings. Palo Alto Police Department Policy Manual Employee Commendations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Commendations - 665 1030.4.3 LEVEL THREE - NOTICE OF ACHIEVEMENT (a)A notice of achievement commendation shall be considered when an employee: 1.Performs routine work, but completed under unusual or out of the ordinary circumstances; 2.Showed special persistence or initiative; 3.Coordination of varied resources to solve case; 4.Showed creativity with limited information; 5.Showed initiative while off-duty; 6.Excellent observation and follow-up to a successful conclusion; 7.Shows truly professional behavior by employee; 8.Excellent decision in unusual circumstances; and/or 9.A Notice of Achievement shall be issued in all situations involving the saving of a life. (b)Procedure for Notice of Achievement 1.Endorsed by supervisor and the Watch Commander; 2.Issued on bond paper with flat gold City of Palo Alto heading; 3.Signed by issuing supervisor and Watch Commander; 4.Posted on bulletin board; 5.Copy placed in employee's personnel file; 6.Original notice given to employee at their watch or Division briefing; and 7.Read at briefing. 1030.4.4 LEVEL FOUR - NOTICE OF RECOGNITION (a)A notice of recognition commendation shall be considered when an employee: 1.Performs excellent work, but within job description; 2.Does good investigation and casework resulting in a successful conclusion; and/ or 3.Makes a significant improvement in job performance. (b)Procedure for Notice of Recognition 1.Verbal or written (memo) recognition given directly to employee or given publicly at briefing by supervisor or the Watch Commander; 2.Recognition will not be entered in personnel file; and Palo Alto Police Department Policy Manual Employee Commendations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Commendations - 666 3.Watch Commander will be notified. 1030.4.5 OUTSIDE COMMENDATIONS Employee recognition by citizens via letter, personal contact, or phone calls shall be handled in the following manner: (a)Division Captain or Coordinator will review all citizen communications concerning their personnel and determine if they should be considered by the Division staff as a formal commendation; (b)If not considered as a formal commendation, the communication will be given to the appropriate Watch Commander, who will give it to the appropriate employee; (c)If the communication is written, a copy will also be placed in the employee's personnel file; (d)Citizen communications will be posted on bulletin boards in each Division or distributed to all employees via e-mail; and (e)If the communication is considered a formal commendation, the appropriate procedure as outlined above will be followed. Policy 1032 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Fitness for Duty - 667 Fitness for Duty 1032.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all officers of this department remain fit for duty and able to perform their job functions (Government Code § 1031). 1032.2 EMPLOYEE RESPONSIBILITIES (a)It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of their position. (b)Each member of this department shall perform his/her respective duties without physical, emotional, and/or mental constraints. (c)During working hours, all employees are required to be alert, attentive, and capable of performing his/her assigned responsibilities. (d)Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1032.3 SUPERVISOR RESPONSIBILITIES (a)A supervisor observing an employee, or receiving a report of an employee who is perceived to be, unable to safely perform his/her duties due to a physical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. (b)Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made in an effort to determine the level of inability of the employee to perform his/her duties. (c)In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. (d)In conjunction with the Watch Commander or employee's available Division Captain, a determination should be made whether or not the employee should be temporarily relieved from his/her duties. (e)The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. Palo Alto Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Fitness for Duty - 668 1032.4 NON-WORK RELATED CONDITIONS Any employee suffering from a non-work related condition which warrants a temporary relief from duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical treatment or other reasonable rest period. 1032.5 WORK RELATED CONDITIONS Any employee suffering from a work related condition which warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a Division Captain, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the wellbeing of the employee and until such time as the following may be completed: (a)A preliminary determination that the employee's conduct appears to be in compliance with policy and, if appropriate. (b)The employee has had the opportunity to receive necessary counseling and/or psychological clearance to return to full duty. 1032.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS (a)Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/ or psychological examination in cooperation with Personnel and Training to determine the level of the employee's fitness for duty. The order shall indicate the date, time and place for the examination. (b)The examining physician or therapist will provide the Department with a report indicating that the employee is either fit for duty or, if not, listing any functional limitations which limit the employee's ability to perform job duties (Civil Code § 56.10 (c)(8)(A)). If the employee places his/her condition at issue in any subsequent or related administrative action/grievance, the examining physician or therapist may be required to disclose any and all information which is relevant to such proceeding (Civil Code § 56.10(c)(8)(B)). (c)In order to facilitate the examination of any employee, the Department will provide all appropriate documents and available information to assist in the evaluation and/ or treatment. (d)All reports and evaluations submitted by the treating physician or therapist shall be part of the employee's confidential personnel file. (e)Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist Palo Alto Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Fitness for Duty - 669 regarding any clinical interview, tests administered or other procedures as directed. Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and shall be subject to discipline up to and including termination. (f)Once an employee has been deemed fit for duty by the examining physician or therapist, the employee will be notified to resume his/her duties. 1032.7 LIMITATION ON HOURS WORKED Absent emergency operations members should not work more than: •16 hours in one day (24 hour) period or •30 hours in any 2 day (48 hour) period or •84 hours in any 7 day (168 hour) period Except in very limited circumstances members should have a minimum of 8 hours off between shifts. Supervisors should give consideration to reasonable rest periods and are authorized to deny overtime or relieve to off-duty status any member who has exceeded the above guidelines. Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover, training, general overtime and any other work assignments. 1032.8 APPEALS An employee who is separated from paid employment or receives a reduction in salary resulting from a fitness for duty examination shall be entitled to an administrative appeal as outlined in the Conduct Policy. Policy 1033 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sleeping Quarters - 670 Sleeping Quarters 1033.1 PURPOSE AND SCOPE The Palo Alto Fire Department has partnered with the Palo Alto Police Department to allow the use of Palo Alto Fire Department Station 8, located at Foothills Park, to be used by Police Department members as sleeping quarters before/after on-duty days with short shift turnarounds. 1033.2 POLICY AND PROCEDURE The following rules shall apply to any person using this station: •City personnel may use the station as sleeping quarters during short shift-to-shift turnarounds, or court appearances that occur within close proximity to work shifts before/after on-duty days only. •Use of the station sleeping quarters must be approved by the on-duty Watch Commander. •City personnel must keep the premises in a clean and serviceable condition after use. •The facility must be secured and locked after use with the access key returned to its original locaiton at the PD station. •City personnel may not allow non-city personnel access or use of the facility •The facility is not be be used as a social gathering location for non-sleeping purposes. •Department rules of conduct apply to all personnel using this facility. •Any damage or problem with the facility should be immediately reported to the on- duty Battalion Chief. Policy 1034 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Meal Periods and Breaks - 671 Meal Periods and Breaks 1034.1 PURPOSE AND SCOPE This policy regarding meals and breaks, insofar as possible shall conform to the policy governing all City employees that has been established by the City Manager. 1034.1.1 MEAL PERIODS Sworn employees and dispatchers shall remain on duty subject to call during meal breaks. All other employees are not on call during meal breaks unless directed otherwise by a supervisor. Uniformed patrol and traffic officers shall request clearance from the Communications Center prior to taking a meal period. Uniformed officers shall take their breaks within the City limits unless on assignment outside of the City. No more than three uniformed officers should be in the same food establishment without prior supervisory approval. The time spent for the meal period shall not exceed the authorized time allowed. 1034.1.2 15 MINUTE BREAKS Each employee is entitled to a 15 minute break, near the mid point, for each four-hour work period. Only one 15 minute break shall be taken during each four hours of duty. Employees normally assigned to the facility shall remain in the facility for their breaks. This would not prohibit them from taking a break outside the facility if on official business. Field will take their breaks in the City, subject to call and shall monitor their radios. Policy 1035 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Lactation Break Policy - 672 Lactation Break Policy 1035.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee's infant child (29 USC § 207 and Labor Code §§ 1030-1032). 1035.2 POLICY It is the policy of this department to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing infant child (29 USC § 207 and Labor Code § 1030). 1035.3 LACTATION BREAK TIME A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four- hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030). Employees desiring to take a lactation break shall notify the Communications Center or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt department operations (Labor Code § 1032). Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 1035.4 PRIVATE LOCATION The Department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207 and Labor Code § 1031). Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. Palo Alto Police Department Policy Manual Lactation Break Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Lactation Break Policy - 673 1035.5 STORAGE OF EXPRESSED MILK Any employee storing expressed milk in any authorized refrigerated area within the Department shall clearly label it as such and shall remove it when the employee ends her shift. Policy 1036 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Time Card Procedures - 674 Time Card Procedures 1036.1 PURPOSE AND SCOPE Payroll records are submitted to Administrative Services on a bi-weekly basis for the payment of wages. 1036.1.1 RESPONSIBILITY FOR COMPLETION OF PAYROLL RECORDS Employees are responsible for the accurate and timely submission of payroll records for the payment of wages. 1036.1.2 TIME REQUIREMENTS All employees are paid on a bi-weekly basis usually on Friday with certain exceptions such as holidays. Payroll records shall be completed and submitted to Administrative Services no later than 8:00 a.m. on the Wednesday morning before the end of the pay period, unless specified otherwise. Policy 1038 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 675 Overtime 1038.1 PURPOSE AND SCOPE It is the policy of the Department to compensate non-exempt salaried employees who work authorized overtime either by payment of wages as agreed and in effect through the Memorandum of Agreement (MOA), or by the allowance of accrual of compensatory time off. In order to qualify for either, the employee must complete and submit a Request for Overtime Payment as soon as practical after overtime is worked. 1038.1.1 DEPARTMENT POLICY Because of the nature of police work, and the specific needs of the Department, a degree of flexibility concerning overtime policies must be maintained. Non-exempt employees are not authorized to volunteer work time to the Department. All requests to work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime shift and in no case later than the end of shift in which the overtime is worked. Short periods of work at the end of the normal duty day (e.g., less than one hour in duration) may be handled unofficially between the supervisor and the employee by flexing a subsequent shift schedule to compensate for the time worked rather than by submitting requests for overtime payments. If the supervisor authorizes or directs the employee to complete a form for such a period, the employee shall comply. The individual employee may request compensatory time in lieu of receiving overtime payment, however, the employee may not exceed 80 hours of compensatory time each annual quarter. At the end of each quarter, employees may be paid for hours accumulated over 80 hours or have the time "rolled over" into their vacation accrual as per each employee's Memorandum of Agreement (MOA). 1038.2 TYPES OF OVERTIME Patrol lieutenants shall have the ultimate responsibility of managing their personnel and staffing levels in the Field Services Division. While there are numerous circumstances that may cause patrol officers to be away from work, patrol sergeants and lieutenants shall follow this policy when evaluating personnel needs and overtime. For the purposes of this policy, the titles of "Patrol Lieutenant" and Watch Commander are synonymous. 1038.2.1 UNPLANNED OVERTIME Examples of unplanned overtime include but are not limited to officers calling in sick, court appearances, personal business leave, bereavement leave, administrative leave or other personal emergencies. The Watch Commander, or supervisor if the Watch Commander is unavailable, is responsible for identifying the overtime needs and authorizing the assignment. Any unplanned patrol overtime, as defined in the MOA, may be filled by the following procedure: Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 676 (a)The Watch Commander may first request that an on-duty officer/agent/sergeant volunteer to extend their current patrol shift for minimum staffing purposes; (b)The Watch Commander may request that an officer/agent/sergeant from the next team coming on-duty volunteer to come in early for minimum staffing purposes; (c)If an officer cannot stay beyond their shift or come in early, the Watch Commander will utilize the unplanned overtime list; and/or (d)The Watch Commander may choose to order an employee to stay over or come in early to meet minimum staffing needs. At the conclusion of an unplanned overtime shift, overtime forms shall be reviewed and signed by the on-duty supervisor. The Watch Commander will eventually view the electronic entry of the overtime hours on the SAP system. 1038.2.2 PLANNED OVERTIME For the purposes of minimum staffing, any planned overtime shall be identified and authorized by the Watch Commander. Planned overtime shall be posted by the 20th of the preceding month. The specific hours to be worked shall be determined by the Watch Commander based on minimum staffing requirements and the team schedule requiring overtime needs. Planned overtime patrol shifts shall not be for less than six (6) hours. At the conclusion of a planned overtime shift, overtime forms shall be reviewed and signed by the on-duty supervisor. The Watch Commander will eventually view the electronic entry of the overtime hours on the SAP system. 1038.2.3 REPORT WRITING/FOLLOW-UP It is essential officers complete their reports in a timely manner. Officers are frequently required to stay beyond their designated shift to conduct follow-up and/or complete a police report. Reports for in-custody cases shall be completed prior to the end of an officer's shift. Officers shall notify the on-duty supervisor of the need to stay beyond their shift. For in-custody cases when the officer is working the next day and that day is a weekend or holiday, the supervisor may direct the officer to complete their follow-up and/or report the following day. The on-duty supervisor may authorize officers to stay beyond their shift to complete follow-up and/or report writing on non-custodial cases when there are exigent circumstances surrounding the case. At the conclusion of the overtime worked, overtime forms shall be reviewed and signed by the the on-duty supervisor. The Watch Commander will eventually view the electronic entry of the overtime hours on the SAP system. 1038.2.4 TRAINING OVERTIME PROCEDURE Officers are often required to attend training as prescribed by POST and/or Department guidelines. All training must have prior approval by the Watch Commander. When authorizing training, Watch Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 677 Commanders shall consider whether the training is state-mandated, Department-mandated, or non-mandatory. The Personnel and Training Unit maintains a detailed list of mandatory and non- mandatory training. Watch Commanders shall give the highest consideration to state-mandated training and may authorize Department-mandated and non-mandatory training after evaluating the affects on staffing, overtime and personal development. (a)Watch Commanders shall follow the below guidelines when authorizing training: 1.Watch Commanders will make every attempt to adjust officers off the patrol schedule when authorizing training. If adjusting an officer off the schedule requires overtime for minimum staffing purposes, the Watch Commander may choose to authorize overtime for the training day in lieu of adjusting them off the schedule. 2.When officers on the 4/11 patrol schedule attend training on their day off, they shall use training bank hours prior to receiving overtime. Officers shall check with their supervisor or Watch Commander to ensure they only use the allotted amount of training bank hours in each 28-day FLSA cycle. (b)Officers assigned to the 4/11 patrol schedule will work 182 eleven-hour patrol shifts during the fiscal year for a total of 2002 hours. The number of hours required to complete 26 pay periods, or one year of full-time work, is 2080. The remaining 78 hours will be made up during the year through designated training days and flexible training time. If an employee has not used all of their flexible training hours by the end of the shift year, he or she will be required to make up the difference by working extra/ partial shifts or by using vacation, compensatory or holiday time. (c)Watch Commanders shall monitor the use of flexible training hours by their employees. Watch Commanders shall: 1.Review all submitted training bank forms to ensure employees do not submit more than 17 hours of training bank usage in any 28-day FLSA cycle. 2.Evaluate the training bank folders on a weekly basis. As needed, Watch Commanders will work with employees to schedule extra patrol shifts and/or additional training to ensure they meet their required flexible training hours. 1038.2.5 FIELD TRAINING PROGRAM The lieutenant in charge of the Field Training Program may authorize overtime for the Field Training Officers and other personnel if additional training is necessary for the professional development of the officers in the Field Training Program. 1038.2.6 COURT OVERTIME Officers are frequently required to attend court. Officers should notify the Watch Commander or supervisor of the court appearance and submit the overtime form to the Watch Commander for Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 678 authorization. Sworn officers appearing in court for the State of California will be compensated per the MOA. 1038.2.7 MAJOR INCIDENT OVERTIME The Police Chief, Assistant Police Chief, Division Captains or Coordinators and/or Watch Commanders may authorize overtime in the event of a major incident. On-duty supervisors may authorize overtime in the event of exigent circumstances when the above-authorized people are not available. 1038.2.8 SPECIAL EVENT OVERTIME The Watch Commander and/or Special Events supervisor may authorize overtime for special events. On-duty supervisors may authorize overtime in the event of exigent circumstances when the above-authorized people are not available. 1038.2.9 COMMUNICATIONS OVERTIME Qualified officers working overtime in Communications shall follow the overtime procedures contained within the Communications Overtime Policy Section §1.24. The Communications Manager or his or her designee may authorize overtime in Communications. 1038.2.10 SPECIALIZED TEAM MEETINGS There are approximately fifteen part-time specialty teams within the Department. The Lieutenants of each specialty team may authorize overtime for meetings. The Lieutenants should ensure the meetings are necessary and relevant and should follow the same guidelines as described in Policy Manual §1038.24. 1038.2.11 MISCELLANEOUS OVERTIME Any overtime needs not covered under any of the previous sections may be authorized by the Watch Commander. 1038.3 REQUEST FOR OVERTIME PAYMENT FORMS Employees shall submit all overtime forms for verification by their immediate supervisor or the on- duty supervisor. The Watch Commander will eventually view the electronic entry of the overtime hours on the SAP system. Failure to submit an overtime form in a timely manner may result in a denial of compensation. (a)EMPLOYEE RESPONSIBILITY - Employees shall complete the overtime forms immediately after working the overtime and turn them in to the on-duty supervisor for approval. Employees submitting overtime forms for on-call pay when off-duty shall submit the forms to the on-duty supervisor on the first day after returning for work. The Watch Commander will eventually view the electronic entry of the overtime hours on the SAP system. (b)SUPERVISOR RESPONSIBILITY - The supervisor who verifies the overtime earned shall verify that the overtime was worked before approving the request. The Watch Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 679 Commander will eventually view the electronic entry of the overtime hours on the SAP system. (c)DIVISION Captain/COORDINATOR RESPONSIBILITY - The Division Captain or Coordinator, after approving payment, will then forward the form to the Police Chief for review. 1038.4 ACCOUNTING FOR OVERTIME WORKED Employees are to record the actual time worked in an overtime status. In some cases, the Memorandum of Agreement provides that minimum times will be paid (e.g. two hour-minimum for court, four hour-minimum for outside overtime). The supervisor will enter the actual time worked. 1038.4.1 ACCOUNTING FOR PORTIONS OF AN HOUR Partial hours of overtime worked are to be accounted for in quarters of an hour. One quarter is equivalent to fifteen minutes as indicated by the following chart. TIME WORKED INDICATE ON CARD 1- 15 minutes 1/4 hour 16- 30 minutes 1/2 hour 31- 45 minutes 3/4 hour 46- 60 minutes 1 hour 1038.4.2 VARIATION IN TIME REPORTED Where two or more employees are assigned to the same activity, case, or court trial and the amount of time for which payment is requested varies from that reported by the other officer, the Watch Commander or other approving supervisor may require each employee to include the reason for the variation on the back of the overtime form. 1038.5 INVESTIGATIVE SERVICES DIVISION OVERTIME All overtime, unless during an emergency, will be pre-approved by a sergeant in the Investigative Services Division. 1038.5.1 AUTHORIZED INVESTIGATIVE SERVICES DIVISION OVERTIME As a matter of policy, overtime will be kept to a minimum. Overtime will only be considered in the following circumstances: (a)The crime being investigated has life-threatening possibilities if follow-up is not immediately conducted; (b)Case completion/preparation is required to meet a court-mandated schedule; (c)When requested by patrol and approved by an Investigative Services Division sergeant. Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 680 1038.5.2 AFTER-HOURS INVESTIGATIVE SERVICES DIVISION OVERTIME When an Investigative Services Division sergeant is contacted during non-business hours and his or her personnel are requested, the following guidelines should be followed: (a)If the request involves a property crime, the following circumstances must exist for the Investigative Services Division sergeant to call in off-duty detectives: 1.A suspect is in custody; or 2.The location of a suspect is known, the location is in another jurisdiction, and the suspect needs to be arrested immediately. The Investigative Services Division sergeant will assign two detectives to respond and assess what needs to be accomplished. If additional resources are required, the detectives will obtain authorization from their sergeant. If the request involves a sexual assault or robbery, the Investigative Services Division sergeant will assign two detectives. If the request involves a homicide, the Investigative Services Division sergeant will assign as many detectives as he or she feels are required. The Investigative Services Division Captain will be apprised of all sexual assaults, robberies and homicides. 1038.5.3 MISCELLANEOUS INVESTIGATIVE SERVICES DIVISION OVERTIME (a)Overtime may be required to complete an on-going investigation where evidence or property could be lost if not immediately located. Overtime also may be required in order to apprehend a suspect in a timely fashion. In these situations, the overtime should be authorized if the Investigative Services Division sergeant believes the property recovered or the evidence sought is of great enough value to justify the overtime expenditure. (b)All Department-mandated training will be completed during scheduled duty time. Overtime will NOT be used for training unless approved in advance by an Investigative Services Division sergeant or the Investigative Services Division Captain. (c)Any overtime worked by Investigative Services Division personnel will not exceed the 16-hour rule without approval of a supervisor. This includes overtime worked in other Divisions. Additionally, a detective should inform his or her Investigative Services Division sergeant that they are scheduled to work overtime in another Division. (d)An Investigative Services Division sergeant shall approve any other situation that requires overtime prior to its use. Qualified Investigative Services Division officers working overtime in Communications shall follow the Communications Overtime Policy §1.24. The Communications Manager or his or her designee may authorize overtime in Communications. Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 681 1038.6 COMMUNICATIONS OVERTIME POLICY The full staffing of Communications is essential to provide for the safety of the public. Communications will schedule overtime to provide for full staffing. If the overtime cannot be filled on a voluntary basis, employees will be selected to work mandatory overtime. One Communications lead dispatcher is the overtime scheduler. Overtime hours will be reflected in red on the Calendar Flow Chart. 1038.6.1 COMMUNICATIONS PERSONNEL OVERTIME SIGN-UPS The Calendar Flow Chart will include open shifts that must be filled by overtime due to approved vacations, sick leave, personal leave, and other time off. Requests for approval of vacations, sick leave, personal leave, and other time off will be forwarded to the Communications lead dispatcher handling scheduling responsibilities via e-mail correspondence. To sign up for an overtime shift, the employee will place his or her name and the hours of the shift to be worked on the appropriate line next to the overtime reflected on the Calendar Flow Chart. At that point, those hours of the shift are considered filled. The lead dispatcher or a Communications manager will review the signups for overtime at least weekly to ensure adequate staffing levels are met. Seniority "bumps" will be permitted up to one week prior to the overtime date. To "bump" a less-senior employee, the employee will write his or her name on the Flow Chart and notify the employee who has been bumped of the canceled overtime. Any dispatcher or lead dispatcher who wishes to sign up for a full shift may "bump" any overtime by an employee who has signed up for a partial shift. Any hours that are normally scheduled to include "night time differential" (1800-0800 hours) that are not worked due to a shift slide to eliminate overtime hours shall still be paid to the employee who would have received the night time differential had the employee not slid his or her shift. The amount of hours worked during a shift slide that eliminate overtime shall be credited on the Overtime Accrual List for the overtime hours the employee eliminated by the shift slide, even when no additional hours are worked than were originally scheduled. Sign-ups for overtime may not be canceled less than 10 days from the date of the overtime. With the exception of exigent circumstances, it is the responsibility of the employee to fill any overtime hours the employee cancels within this 10-day frame. 1038.6.2 PER DIEM OVERTIME SIGN-UPS Overtime is considered available for sign-up by per diem personnel on a "first come, first served" basis. Sworn Department personnel working as Communications per diem dispatchers are subject to being "bumped" by dispatchers or lead dispatchers up to two weeks prior to the date of the overtime. The per diem seniority recall list shall prevail for overtime needed within an immediate time frame. Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 682 1038.6.3 MANDATORY OVERTIME Every effort shall be made to fill overtime shifts by providing sufficient notifications for voluntary sign-ups. In the event that overtime is not been filled on a voluntary basis, a Communications manager, on-duty lead dispatcher, or the senior on-duty dispatcher mandate Communications personnel for an overtime assignment to ensure adequate staffing levels have been met. Mandatory overtime shall be ordered for any overtime not scheduled one week prior to the shift and will be assigned based on the following factors: (a)Usage of overtime during the previous 30-day period; (b)Efficiency in extending shifts of on-duty dispatchers; (c)Whether the shift is full or partial; (d)Hardship or other extenuating circumstances; (e)Pre-planned time off; (f)Separation between shifts (10-hour minimum). 1038.6.4 NOTIFICATION (a)All dispatchers shall maintain a telephone where the dispatcher may be notified in an emergency or for the purpose of assignment of mandatory overtime or cancellation of approved time off. It is the responsibility of the dispatcher to provide means of notification in the event of an emergency. Employees changing their residence addresses and/or telephone numbers shall immediately notify the lead dispatcher or the Communications manager of the changes in writing, in addition to notifying the Personnel and Training Unit as provided in Policy Manual §1011. (b)Dispatchers who maintain voice mail, pager, or home e-mail services may provide this information to Communications management in the event of an emergency or for the notification of mandatory overtime or cancellation of approved time off. The responsibility to be reached in the event of an emergency or for mandatory overtime or cancellation of approved time off includes the responsibility of responding to telephone messages, pages, and e-mails. (c)A dispatcher who is notified in an emergency or for the purpose of assignment of mandatory overtime or cancellation of approved time off shall respond to the on-duty lead dispatcher upon being notified. Failure to respond in a timely manner may result in disciplinary action. (d)The Communications manager, lead dispatcher, on-duty senior dispatcher assigning mandatory overtime will contact the employees required to perform mandatory overtime by notification using the following means: 1.Telephone; (a)If no response within a reasonable time, pager; and/or Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 683 (b)If no response within a reasonable time, telephone message machine or voice mail; and/or (c)If no response within a reasonable time, e-mail. Once the Communications manager, lead dispatcher, or on-duty senior dispatcher assigning mandatory overtime filled the overtime, he or she will update the Calendar Flow Chart with the assigned staffing. Repeated failure of an employee to respond to efforts to notify the employee in the event of an emergency or for mandatory overtime or cancellation of approved time off may result in disciplinary action. 1038.6.5 MONTHLY OVERTIME LOG The monthly Overtime Log shall be maintained by the lead dispatcher handling scheduling responsibilities, or in his or her absence, a Communications manager, in the Flow Chart Binder and will indicate the cumulative total of overtime worked from the previous month up to the current date for each employee. (a)The employee who has worked the least amount of overtime (regardless of rank) shall be mandated to work the overtime. That employee's availability due to scheduling constraints will be considered. (b)In the event that the overtime accrual for the Communications employees who have worked the least amount of overtime is the same or the Overtime Accrual Log does not reflect the overtime hours of previous month(s), the employee with the least amount of seniority shall be mandated to work the overtime. 1038.6.6 OVERTIME MEALS The Palo Alto Communications Policies and Procedures Manual §1.46 provides for overtime meals and states: The Communications Unit will provide meals to employees in an emergency situation involving real or potential loss of service or personal danger: (a)When an employee is called back and is on-duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. (b)When an employee is held over on-duty so that his or her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. (c)When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal to be consumed on the employee's own time. Palo Alto Police Department Policy Manual Overtime Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Overtime - 684 (d)When recalled two hours or less after the end of a regular shift, unless assigned to standby. Communications will provide meals to employees in non-emergency situations where the assignment extends two hours after the end of the regular or overtime shift and at five-hour intervals thereafter. This policy only applies when an employee is held over, either on a voluntary or mandated basis, on-duty beyond a scheduled regular or overtime shift. If, due to working conditions, Communications is unable to provide a meal to which an employee is entitled, he or she has the option of receiving one hour of overtime compensation instead. 1038.7 ANIMAL SERVICES DIVISION OVERTIME POLICY Either the Animal Services Division Superintendent or the Animal Services Division Supervisor must approve all overtime worked by any Animal Services Division employee. Policy 1040 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Employment - 685 Outside Employment 1040.1 PURPOSE AND SCOPE In order to avoid actual or perceived conflicts of interest for departmental employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with the provisions of this policy and the City of Palo Alto Merit System Rules and Regulations § 1302. Unless otherwise indicated, when a person accepts employment with the City of Palo Alto, it is assumed that the City of Palo Alto employment is to be his/her primary job. If the person undertakes outside employment, such work is assumed to be secondary in importance and the employee is subject to recall back to the City of Palo Alto at any time at the discretion of the Chief of Police. 1040.1.1 DEFINITIONS Outside Employment - Any member of this department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this department for services, product(s) or benefits rendered. Outside Overtime - Any member of this department who performs duties or services on behalf of an outside organization, company, or individual within this jurisdiction. Such outside overtime shall be requested and scheduled directly through this department so that the Department may be reimbursed for the cost of wages and benefits. 1040.2 OBTAINING APPROVAL No member of this department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action. In order to obtain approval for outside employment, the employee must complete an Outside Employment Application which shall be submitted to the employee's immediate supervisor. The application will then be forwarded through channels to the Chief of Police for consideration. If approved, the employee will be provided with a copy of the approved permit. Unless otherwise indicated in writing on the approved permit, a permit will be valid through the end of the fiscal year in which the permit is approved. The permit must be renewed during July of each year and at any time when there is a change in the status or time demands of the outside employment. Any employee seeking to renew a permit shall submit a new Outside Employment Application during July of each year. Palo Alto Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Employment - 686 Any violation of the conditions of the approved outside employment permit will result in revoction of the permit. Any employee seeking approval of outside employment, whose request has been denied, shall be provided with a written reason for the denial of the application at the time of the denial (Penal Code § 70(e)(3)). The City of Palo Alto will not be responsible for Worker's Compensation related to injuries or illnesses sustained in the course of outside employment. Such injuries or illnesses may require medical restriction of City employment and/or revocation of outside employment approval. 1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT If an employee's Outside Employment Application is denied or withdrawn by the Department, the employee may file a written notice of appeal to the Chief of Police within ten days of the date of denial. If the employee's appeal is denied, the employee may file a grievance pursuant to the procedure set forth in the current Memorandum of Understanding (MOU). 1040.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS Any outside employment permit may be revoked or suspended under the following circumstances: (a)Should an employee's performance at this department decline to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of competency, the Chief of Police may, at his or her discretion, revoke any previously approved outside employment permit(s). That revocation will stand until the employee's performance has been reestablished at a satisfactory level and his/her supervisor recommends reinstatement of the outside employment permit (b)Suspension or revocation of a previously approved outside employment permit may be included as a term or condition of sustained discipline (c)If, at any time during the term of a valid outside employment permit, an employee's conduct or outside employment conflicts with the provisions of department policy, the permit may be suspended or revoked (d)When an employee is unable to perform at a full duty capacity due to an injury or other condition, any previously approved outside employment permit may be subject to similar restrictions as those applicable to the employee's full time duties until the employee has returned to a full duty status 1040.3 PROHIBITED OUTSIDE EMPLOYMENT Consistent with the provisions of Government Code § 1126, the Department expressly reserves the right to deny any Outside Employment Application submitted by an employee seeking to engage in any activity which: Palo Alto Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Employment - 687 (a)Involves the employee's use of departmental time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage (b)Involves the employee's receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee's duties as a member of this department (c)Involves the performance of an act in other than the employee's capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department (d)Involves time demands that would render performance of the employee's duties for this department less efficient 1040.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT Consistent with the provisions of Penal Code § 70, and because it would further create a potential conflict of interest, no member of this department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position, without expressed written consent. Any private organization, entity or individual seeking special services for security or traffic control from members of this department must submit a written request to the Chief of Police in advance of the desired service. Such outside extra duty overtime assignments will be assigned, monitored and paid through the Department. (a)The applicant will be required to enter into an indemnification agreement prior to approval. (b)The applicant will further be required to provide for the compensation and full benefits of all employees requested for such outside security services. (c)Should such a request be approved, any employee working outside overtime shall be subject to the following conditions: 1.The officer(s) shall be subject to the rules and regulations of this department. 2.No officer may engage in such outside employment during or at the site of a strike, lockout, picket, or other physical demonstration of a labor dispute. 3.Compensation for such approved outside security services shall be pursuant to normal overtime procedures. 4.Outside security services shall not be subject to the collective bargaining process. Palo Alto Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Employment - 688 5.No officer may engage in outside employment as a peace officer for any other public agency without prior written authorization of the Chief of Police. 1040.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE Any employee making an arrest or taking other official police action while working in an approved outside overtime/employment assignment shall be required to complete all related reports in a timely manner pursuant to department policy, unless otherwise approved by the Chief of Police or his/her designee. Time spent on the completion of such reports shall be considered incidental to the outside overtime/employment assignment. 1040.4 DEPARTMENT RESOURCES Employees are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment unless expressly approved by the Chief of Police or his/her designee. Officers are prohibited from accessing official records or databases of this department or other agencies through the use of the employee's position with this department. 1040.4.1 REVIEW OF FINANCIAL RECORDS Employees approved for outside employment expressly agree that their personal financial records may be requested and reviewed/audited for potential conflict of interest (Government Code § 3308; Government Code § 1126). Prior to providing written approval for an outside employment position, the Department may request that an employee provide his/her personal financial records for review/audit in order to determine whether a conflict of interest exists. Failure of the employee to provide the requested personal financial records could result in denial of the off-duty work permit. If, after approving a request for an outside employment position, the Department becomes concerned that a conflict of interest exists based on a financial reason, the Department may request that the employee provide his/her personal financial records for review/audit. If the employee elects not to provide the requested records, his/her off-duty work permit may be revoked pursuant to § 1040.2.2(c) of this policy. 1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS If an employee terminates his or her outside employment during the period of a valid permit, the employee shall promptly submit written notification of such termination to the Chief of Police through channels. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Employees shall also promptly submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties, or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change. 1040.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY Department members engaged in outside employment who are placed on disability leave or modified/light-duty shall inform their immediate supervisor in writing within five days whether or Palo Alto Police Department Policy Manual Outside Employment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Outside Employment - 689 not they intend to continue to engage in such outside employment while on such leave or light- duty status. The immediate supervisor shall review the duties of the outside employment along with any related doctor's orders, and make a recommendation to the Chief of Police whether such outside employment should continue. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding their work permit, a notice of revocation of the member's permit will be forwarded to the involved employee, and a copy attached to the original work permit. Criteria for revoking the outside employment permit include, but are not limited to, the following: (a)The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's professional medical advisors. (b)The outside employment performed requires the same or similar physical ability, as would be required of an on-duty member. (c)The employee's failure to make timely notice of their intentions to their supervisor. When the disabled member returns to full duty with the Palo Alto Police Department, a request (in writing) may be made to the Chief of Police to restore the permit. Policy 1042 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 690 On Duty Injuries 1042.1 PURPOSE AND SCOPE The purpose of this policy is to provide for the reporting of on-duty injuries, occupational illnesses, or deaths to Risk Management, to ensure proper medical attention is received, and document the circumstances of the incident. 1042.2 WORKER'S COMPENSATION FUND REPORTS 1042.2.1 INJURIES REQUIRING MEDICAL CARE All work related injuries and work related illnesses requiring medical care must be reported to the Risk Management Office and the Personnel and Training Unit Lieutenant. A claim form shall be provided to the injured employee within 24 hours from the time the injury was discovered, excluding weekends and holidays. 1042.2.2 ACCIDENT DEFINED Labor Code § 5400 makes failure to comply with the 24-hour reporting procedure a misdemeanor. Additionally, disciplinary action may be taken for an employee's failure to comply with this procedure. 1042.2.3 EMPLOYEE'S RESPONSIBILITY Any employee sustaining any work-related injury or illness, as well as any employee who is involved in any accident while on duty shall report such injury, illness or accident as soon as practical to his/her supervisor. Any employee observing or learning of a potentially hazardous condition is to promptly report the condition to his/her immediate supervisor. Any employee sustaining a work-related injury or illness that requires relief from duty is required to be examined/treated by a doctor. Any employee sustaining a work-related injury or illness that requires relief from duty is also required to comply with departmental policies and directives relating to the duty to periodically call in during absences, as well as the duty to notify the Department of any change in condition or anticipated duration of the absence. When appropriate, an employee being treated for an on-duty injury should inform the attending physician that a modified duty assignment may be available at the Department. Limited-service duty may be available for the employees whose injuries prevent resumption of regular duties. An injured employee or employee who has suffered a work-related illness shall report as soon as practical to his/her immediate supervisor the medical findings concerning the injury and the extent and duration of any work restrictions if they are known. In addition, such employees are required to promptly submit all medical releases, whether partial or full releases, to their supervisor. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 691 1042.2.4 SUPERVISOR'S RESPONSIBILITY A supervisor learning of any work-related injury or accident shall promptly prepare the appropriate forms contained in the injury packets located in the sergeant's offices. The packets include the following: (a)A summary of the procedure for on-duty injuries; (b)State of California, Employee's Claim for Worker's Compensation Benefits DWC-1 Form; (c)Authorization to Release Medical Records and Information Form; (d)State of California, Employer's Report of Occupational Injury or Illness Form 5020; (e)Sample of an injury documentation/investigation; (f)City of Palo Alto Worker's Compensation Procedures memo; (g)Pre-designated Physician Form (Post-01/01/05 injuries are subject to the employer's managed network). These forms shall be completed and forwarded to the Personnel and Training Unit Lieutenant within 24 hours of the notification of the injury. 1042.2.5 DIVISION CAPTAIN RESPONSIBILITY The Personnel and Training Unit Lieutenant shall review and forward copies of the report to the City's Risk Manager. A copy of the report shall be retained in the employee's medical file. 1042.3 INJURY NOT REQUIRING MEDICAL ATTENTION Those injuries and illnesses not requiring medical attention shall be recorded on a Supervisor's Report of Injury form. This form shall be completed and signed by a supervisor. This form shall be signed by the affected employee, indicating that he/she desired no medical attention at the time of the report. By signing this form, the employee will not preclude his/her ability to seek medical attention later. 1042.4 SETTLEMENT OF INJURY CLAIMS Employees that sustain minor to moderate injuries during business hours (between Monday and Friday, 0730-1700 hours) should be taken to Workforce Medical Center, 201 Arch Street, Redwood City (650) 556-9420. Employees who sustain injuries of a more serious nature, or any injuries that require medical attention after hours, should be taken to the Stanford Hospital Emergency Room for treatment. An employee may choose to be treated by their pre-designated physician if the employee has a pre-designated physician form on file prior to the date of the injury. However, prior to receiving treatment, the employee must notify their immediate supervisor or the Personnel and Training Unit. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 692 1042.5 RETURNING TO WORK When the employee is cleared to return to work by their treating physician, the employee must provide the Personnel and Training Unit Lieutenant with a note signed by the physician. The note should indicate if the employee can return to full duty or modified duty and if any limitations exist. If an employee returns to work in a "modified duty" capacity, he or she shall report to the Personnel and Training Unit Lieutenant. The employee may then be re-assigned to another Division depending on their work restrictions and the needs of the Department. While on modified duty, an employee will not take any enforcement action or engage in activity that might result in a re-injury. While on modified duty, the employee will attend all appointments related to their injury and take any prescribed medications. Every 60 days, the employee on modified duty shall submit an updated note from their physician describing their status to the Personnel and Training Unit Lieutenant. There will not be any permanent modified duty assignments within the Department. 1042.6 SETTLEMENT OF INJURY CLAIMS Occasionally, an employee's work-related injury results from the negligent or wrongful acts of another, for which the employee, the City, and/or other insurers are entitled to recover civilly. To ensure that the City's interests are protected and that the employee has the benefit of the City's experience in these matters, the following procedure is to be followed: 1042.6.1 EMPLOYEE TO REPORT INITIAL CONTACTS When an employee sustains work-related injuries caused by another person, and is then approached by such person or an agent, insurance company or attorney, and offered a settlement of claims, that employee shall take no action other than to make a written report of this contact to his or her supervisor as soon as possible. 1042.6.2 NO SETTLEMENT WITHOUT PRIOR APPROVAL In no case shall the employee accept a settlement without receiving prior approval from the Police Chief. It must first be determined that the offered settlement will not affect any claim the City of Palo Alto may have regarding payment for damage(s) to equipment or reimbursement for wages against the person who caused the accident or injury. The objective of this policy is to protect the City's right of subrogation, while ensuring that the employee's rights to receive compensation for injuries are not affected. 1042.7 DEPARTMENTAL RESPONSE TO SERIOUS INJURY OR DEATH OF A MEMBER The purpose of this policy is to outline the Department's response to the serious injury or death of a Department member, retiree or other law enforcement member. Notification responsibility, assignments and funeral protocol is included. The Department recognizes that this is a very difficult time for the family and the Department as a whole. Every effort will be made to assist the family as much as possible. The extent of our participation will depend on the wishes of the family and the resources available. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 693 1042.7.1 DEFINITIONS Active Member Injury, Illness or Death in the Line-of-Duty: A member of the Department who is actively employed or in an authorized volunteer service, who suffers a serious or fatal injury or illness while taking any action that the member is authorized or obligated to perform by law, rule, regulation, or condition of employment or service. Active Member Injury, Illness, or Death not in the Line-of-Duty: A member of the Department who is actively employed or in an authorized volunteer service, who suffers a serious or fatal illness while off-duty and which is non-police related. Retired Member Death: The death of a retired member who is in good standing and fully separated through retirement from the Department. (a)A retiree is defined as: 1.Any sworn or non-sworn member who resigns having completed at least 20 years of service, regardless of age; oR 2.Any sworn or non-sworn member who resigns and who is eligible to begin receiving pension benefits; or 3.Any former sworn or non-sworn member who is receiving from the City disabilities pension. 1042.7.2 SERIOUS INJURY OR DEATH NOTIFICATION WITHIN THE DEPARTMENT (a)When a member is seriously injured, killed or dies while working, the Watch Commander will: 1.Notify immediately notify the Chief of Police and Command Staff; 2.Notify members of the Family Support Team as identified by the Chief of Police, (b)When a member is seriously injured, killed or dies while off duty, and the death is not duty related, the Watch Commander will: 1.Immediately notify the Chief of Police and members of the Command Staff; 2.Notify members of the Family Support Team as identified by the Chief of Police. (c)When a member is killed or dies whether on or off duty, the Division Captain: 1.Will be responsible for having the member's police issued equipment and personal belongings collected and inventoried; 2.Will insure that the member's personal belongings are delivered to the spouse, significant other, parents, nearest responsible relative or executor of the estate. When a member is killed or dies while working, the Technical Services Coordinator, with the Chief's approval, will send a Teletype concerning the incident to the other law enforcement agencies. When funeral arrangements are set, this information will also be transmitted. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 694 1042.7.3 NOTIFICATION OF FAMILY MEMBERS The following are the general procedures regarding notification of deaths and life-threatening injuries. In all situations where a member of the Department is seriously or fatally injured, the family members and their needs should be given prime consideration. The name of the seriously or fatally injured member shall not be released to the media before the family members are notified. If the family members live outside the area, and having a Palo Alto Police representative make the personal notification would cause an unreasonable delay, the ranking officer on duty shall request a prompt and personal notification from the jurisdictional law enforcement agency in the area in which the family lives. If the Department is requested by another law enforcement agency to perform a personal notification of a serious injury or death of one of their members to a family member living in Palo Alto, the same courtesy and procedures shall be afforded to the agency as that which would be done for our own Department. 1042.7.4 NOTIFICATION TEAM COMPOSITION AND RESPONSIBILITIES The notification team should be made up of the Chief of Police, the employee's immediate supervisor, and an officer known by the injured employee's family (if possible). Consideration should be given to arranging for childcare in the event the spouse or significant other will be going to the hospital. Employees outside the official notification team are prohibited from making contact with family members prior to official notification. Employees should caution their family members against contacting the family members prior to the official notification. Prior to arrival of the notification team, accurate and up-to-date information should be secured. The notification team's goal should be to make a timely notification before Family members learn through other means. 1042.7.5 RESPONSE TO A LIFE THREATENING INJURY, ILLNESS OR DEATH SUFFERED IN THE LINE OF DUTY When a member of the Department suffers a life threatening injury or illness or is killed in the line of duty, the following will be provided for the Family members: (a)Personal notification of family members residing nearby; (b)Notification by local jurisdiction if the family member lives outside the area; (c)Transportation to the medical facility or other location for local family members; (d)Security for the family member and/or their home if deemed necessary by the Chief of Police; (e)Family Support Team member's available 24 hours per day; Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 695 (f)Any other requests for additional support for the family (transportation, lodging, financial) must be made through the Family Support Team and approved by the Chief; (g)These supportive measures will be provided from the time of the serious injury until the member's life is no longer threatened, or, in the event of death, 24 hours after the committal services; (h)The above-listed supportive measures will also apply to situations where the injured employee is hospitalized outside the area. The Chief of Police will determine what supportive measures are appropriate; (i)In the event an employee is killed in the line of duty outside the area, the Family Support Team member or their designee will go to the location where the employee was killed to handle the logistical details and provide an escort for the remains. 1042.7.6 POLICE FAMILY SUPPORT TEAM The Police Family Support Team will consist of the following personnel: (a)Executive Liaison - The Captain of the Division the member was assigned to; (b)Family Liaison Officer - an officer designated by the family and agreed upon by the Department, who coordinates the wishes of the family and the activities of the family Support Team, This includes making arrangements for travel and lodging for family members. The Chief of Police must first approve any financial commitment for these expenses; (c)Benefits Coordinator - The Personnel and Training Lieutenant will be responsible for coordinating all benefits for which the member and his/her family are eligible; (d)Press Information Officer - The Chief of Police will designate the PIO. The PIO will coordinate all press releases and arrange for media coverage of any funeral services; (e)Traffic Coordinator - The Lieutenant in charge of the Traffic Division will be responsible for coordinating and conducting any and all movements of vehicles involved in a funeral operation. This includes arranging for traffic control at intersections; (f)Honor Guard Coordinator - A Department representative will be in charge of either assembling an Honor Guard comprised of officers closest to the deceased or request for assistance from an outside agency. The Police Family Support Team will be activated at the direction of the Chief of Police. Upon activation, a notice will be posted on the bulletin board listing the names of the Team and their responsibilities. The Police Family Support Team will also provide the Department with any needed communication regarding the funeral operation. When activated, the members of the Police Family Support Team will contact the Executive Liaison on a daily basis to provide an update. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 696 1042.7.7 FULL DEPARTMENT HONORS Full Departmental Honors are the rendering of honors at the funeral of a member of the Department who died in the line-of-duty. The following Full Departmental Honors will be rendered, upon approval of the family: (a)Request will be made to the City Manager for the City of Palo Alto flag to be flown at half-staff for three (3) consecutive days from the day of death, in accordance with the City "Funeral Attendance and Flag Half-Staffing Policy"; (b)All members of the Department with badges will place a black sash or ribbon on it. The sash is to be worn horizontally across the badge; (c)An Honor Guard representative may be assigned to the funeral parlor during viewing times at the discretion of the Chief of Police; (d)A United States burial flag will be provided to drape the casket; (e)Colors will be conducted by the Honor Guard at the committal service; (f)Flag folding ceremonies will be conducted by the Honor Guard at the committal service; (g)The flag will be presented to the family by the Chief of Police or his/her designate. (h)A 21-gun salute will be performed by the Honor Guard at the committal service; (i)"Taps" will be played at the committal service; (j)A bagpiper may play at the committal service; (k)A police motorcycle escort will be provided for the funeral service. 1042.7.8 DEPARTMENT REPRESENTATIVE AT OUT OF TOWN FUNERAL SERVICES FOR DEPARTMENT MEMBER WHO WAS KILLED IN THE LINE OF DUTY With the approval of the Chief of Police, Department personnel will attend an out of town funeral of a Department member killed in the line of duty at the Department's expense, provided that no overtime or backfilling with overtime occurs (in accordance with the City "Funeral Attendance and Flag Half-Staffing Policy"). The distance to be traveled will be taken into consideration. 1042.7.9 DEMEANOR OF OFFICERS AT MEMORIAL, FUNERAL AND COMMITTAL SERVICES (a)Memorial and Funeral Services: 1.The word chapel is interpreted to include the church, funeral home, or other inside location where a memorial or funeral service is held, other than the committal service; 2.The word casket is interpreted to include any receptacle containing the remains of the deceased, including cremated remains; Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 697 3.The words cover and uncover are interpreted to be the placing of a hat and the removing of a hat from one's head; (b)When inside the chapel, the following will apply: 1.Honor Guard members posted at the casket will remain covered; 2.All other personnel with hats will remain uncovered and will carry the hat under the non-gun side when not seated; 3.When outside the chapel, all personnel wearing hats will remain covered at all times. (c)Committal Services - At a law enforcement funeral, persons in uniform will come to ATTENTION and will execute a hand salute at the command, PRESENT ARMS, which will be given: 1.Any time the flag is being moved; 2.When the casket is moved from the site of the funeral/memorial service to the hearse, or from the hearse to the site of the committal service; 3.During the firing of volleys; 4.While "Taps" is being played. (d)At a law enforcement funeral, law enforcement personnel not in uniform will place their right hand over the heart at the command, PRESENT ARMS, which will be given: 1.Any time the flag is being moved; 2.During the firing of volleys; 3.While "Taps" is being played. (e)The hand salute or the right hand over the heart will be held until the command, ORDER ARMS, is given. (f)In accordance with military custom, hats will not be removed outside for prayers, but all personnel will bow their heads, as a sign of respect. (g)Uniformed personnel, when not at ATTENTION, will remain in the position of PARADE REST during the outside committal service. 1042.7.10 RESPONSE TO A LIFE THREATENING INJURY, ILLNESS OR DEATH NOT SUFFERED IN THE LINE OF DUTY When a member of the Department suffers a life threatening injury or illness or is killed NOT in the line of duty, some or all of the above supportive measures may be provided at the request of the family and with the approval of the Chief of Police. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 698 1042.7.11 RESPONSE TO THE DEATH OF A RETIREE In the event of the death of a retiree, where the family has requested the rendering of Departmental Honors for a local funeral service, the Family Support Team will be activated to fulfill such a request with the approval of the Chief of Police. 1042.7.12 DEPARTMENTAL HONORS Departmental Honors are the rendering of the honors at the funeral of a member of the Department where the cause of death was not in the course or scope of the member's employment. Departmental Honors are to be used at the funeral of a retired member of the Department. The following Departmental Honors will be rendered, upon request of the family: (a)Active Member: 1.All members of the Department with badges will place a black sash or ribbon on it. The sash is to be worn horizontally across the badge from the time of death until after the funeral, unless deemed otherwise by the Chief of Police; 2.A United States flag will be provided to drape the casket; 3.Flag folding ceremonies will be conducted by the Honor Guard; 4.The flag will be presented to the family by the Chief of Police or his/her designate; 5.A police motorcycle escort may be provided for the funeral service at the direction of the Chief of Police. (b)Retired Member: 1.All members of the Department with badges may place a black sash or ribbon on it. The sash is to be worn horizontally across the badge from the time of death until after the funeral, unless deemed otherwise by the Chief of Police; 2.An Honor Guard representative will be assigned to the funeral parlor during all viewing times at the discretion of the Chief of Police; 3.A United States burial flag will be provided to drape the casket; 4.Colors will be conducted by the Honor Guard at the committal service at the discretion of the Chief of Police; 5.Flag folding ceremonies will be conducted by the Honor Guard; 6.The flag will be presented to the family by the Chief of Police or his/her designate; 7."Taps" may be played at the committal service; 8.A bagpiper may play at the committal service; 9.A police motorcycle escort may be provided for the funeral service. Palo Alto Police Department Policy Manual On Duty Injuries Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department On Duty Injuries - 699 1042.7.13 CEREMONIAL HONORS Ceremonial Honors are the rendering of honors on, but not limited to, the funeral of a person the Department wishes to honor. Ceremonial Honors may include some or all of the honors rendered as part of the Full Departmental honors or Departmental Honors. All Ceremonial Honors must have prior approval of the Chief of Police. 1042.7.14 DEATH OF ANOTHER LAW ENFORCEMENT AGENCY MEMBER A member of an outside agency, which is recognized as a public law enforcement agency, who dies while taking any action that the member is authorized or obligated to perform by law, rule, regulation, or condition of employment or service, whether on or off duty within the City of Palo Alto. (a)The on-duty Watch Commander will immediately notify Palo Alto's Police Chief; (b)The Palo Alto Police Chief will be responsible for contacting the involved employee's law enforcement agency in order to make official notification; (c)The Palo Alto Police Chief will then provide direction to our Department's staff based on the request of the other Chief. 1042.7.15 DEPARTMENTAL REPRESENTATION AT FUNERALS OF OTHER LAW ENFORCEMENT AGENCY MEMBERS (LINE OF DUTY DEATHS) A supervisory officer will be designated by the Executive Liaison, as the Officer-in-Charge of the Department's official representation at the funeral. (a)The dress of the day will be as designated by the hosting agency; (b)The Traffic Lieutenant may send escort motorcycles subject to staffing considerations at the time of the funeral; (c)The duties of the official representation team will be considered an on-duty assignment; (d)The make-up of the Department's official representation will be influenced by the distance to be traveled and staffing considerations; (e)This guideline does not prohibit attendance at other law enforcement agency funerals by those officers who wish to travel by private transportation, off-duty, nor does it prohibit the use of police vehicles, if approved by the Chief of Police. Policy 1044 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Appearance Standards - 700 Personal Appearance Standards 1044.1 PURPOSE AND SCOPE In order to project uniformity and neutrality toward the public and other members of the department, employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this department and for their assignment. 1044.2 GROOMING STANDARDS Unless otherwise stated and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception. 1044.2.1 HAIR Hairstyles of all members shall be neat in appearance. For male sworn members, hair must not extend below the top edge of the uniform collar while assuming a normal stance. For female sworn members, hair must be no longer than the top edge of the uniform collar while assuming a normal stance. Hair may be worn up in a braid or ponytail. To maintain a professional image, all employees are prohibited from wearing hair colors other than natural hair colors. 1044.2.2 MUSTACHES A short and neatly trimmed mustache may be worn. Mustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip. 1044.2.3 SIDEBURNS Sideburns shall not extend below the bottom of the ear lobe and shall be trimmed and neat. 1044.2.4 FACIAL HAIR Facial hair other than sideburns, mustaches and eyebrows shall not be worn, unless authorized by the Chief of Police or his or her designee. 1044.3 TATTOOS Definition of "tattoo": The act or practice of marking the skin with indelible designs, forms, figures, art, etc., by making punctures in the skin and inserting pigment. 1044.3.1 POLICY All personnel hired after January 1, 2006 - While on duty or representing the Department in any official capacity, should make every reasonable effort to conceal tattoos or other body art. All personnel hired prior to January 1, 2006 - Who already possess tattoo(s), must comply with the following regulations: Palo Alto Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Appearance Standards - 701 (a)Tattoo(s) can be visible when it is above the elbow(s). (b)A single visible tattoo is permitted when it is below the elbow and does not exceed a 3" x 4" section of the employee's arm. (One arm only) (c)A single visible tattoo is permitted when it is on a leg below the knee and the tattoo does not exceed a 3" x 4" section of the employee's leg. (One leg only) (d)If an employee that was hired prior to January 2006 acquires a new tattoo that is visible while wearing a short sleeve shirt or shorts, that employee would be required to conceal it while on-duty or representing the Department in any official capacity. (e)Personnel may be granted a one-time exemption by the Police Chief for a tattoo already in existence on the date of this policy that cannot be covered by a Department- approved uniform. 1044.3.2 TATTOOS PROHIBITED At no time while on-duty or representing the Department in any official capacity, shall any offensive tattoo or body art be visible (examples of offensive tattoos would include, but not be limited to, those which depict racial, sexual, discriminatory, gang related, or obscene language). The following includes, but is not limited to, the types of unauthorized tattoos, scarifications, or brands prohibited by this policy: (a)Depictions of nudity or violence. (b)Sexually explicit or vulgar art, words, phrases or profane language. (c)Symbols likely to incite a strong reaction in the workplace, i.e., swastikas, pentagrams or similar symbols. (d)Initials, acronyms or numbers that represent criminal or historically oppressive organizations, i.e., AB, KKK, SS, MM, BGF, HA666 or any street gang names, numbers and/or symbols. At no time while on-duty or representing the Department in any official capacity shall an employee have a visible tattoo on their neck, face, scalp or head area. 1044.4 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a deviation from normal anatomical features and which is not medically required is prohibited. Such body alteration includes, but is not limited to: (a)Tongue splitting or piercing. (b)The complete or transdermal implantation of any material other than hair replacement. (c)Abnormal shaping of the ears, eyes, nose or teeth (d)Branding or scarification. Policy 1046 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 702 Uniform Regulations 1046.1 PURPOSE AND SCOPE The uniform policy of the Palo Alto Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies: Department Owned and Personal Property Body Armor Personal Appearance Standards The Uniform and Equipment Specifications manual is maintained and periodically updated by the Chief of Police or his/her designee. That manual should be consulted regarding authorized equipment and uniform specifications. The Palo Alto Police Department will provide uniforms for all employees required to wear them in the manner, quantity and frequency agreed upon in the respective employee group’s collective bargaining agreement. 1046.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis or other time of need. (a)Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed. (b)All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c)Personnel shall wear only the uniform specified for their rank and assignment. (d)The uniform is to be worn in compliance with the specifications set forth in the department's uniform specifications that are maintained separately from this policy. (e)All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations. (f)Civilian attire shall not be worn in combination with any distinguishable part of the uniform. (g)Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official department functions or events, or for an event that is approved by an employee's immediate supervisor. Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 703 (h)If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off-duty. (i)Employees are not to purchase or drink alcoholic beverages while wearing any part of the department uniform, including the uniform pants. (j)The reserve officer's uniform will be the same as for the regular officer with the exception of the badge (which will have an "R" on it). All uniform policies, regulations and specifications apply equally to reserve officers. 1046.2.1 DEPARTMENT ISSUED IDENTIFICATION The Department issues each employee an official department identification card bearing the employee’s name, identifying information and photo likeness. All employees shall be in possession of their department issued identification card at all times while on duty or when carrying a concealed weapon. (a)Whenever on duty or acting in an official capacity representing the department, employees shall display their department issued identification in a courteous manner to any person upon request and as soon as practical. (b)Officers working specialized assignments may be excused from the possession and display requirements when directed by their Division Captain. 1046.3 UNIFORM CLASSES 1046.3.1 CLASS A UNIFORM The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies, or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform includes the standard issue uniform with: (a)Long sleeve shirt with tie (b)Polished shoes Boots with pointed toes are not permitted. 1046.3.2 CLASS B UNIFORM All officers will possess and maintain a serviceable Class B uniform at all times. The Class B uniform will consist of the same garments and equipment as the Class A uniform with the following exceptions: (a)The long or short sleeve shirt may be worn with the collar open. No tie is required (b)A white, navy blue or black crew neck t-shirt must be worn with the uniform (c)All shirt buttons must remain buttoned except for the last button at the neck (d)Shoes for the Class B uniform may be as described in the Class A uniform (e)Approved all black unpolished shoes may be worn Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 704 (f)Boots with pointed toes are not permitted 1046.3.3 SPECIALIZED UNIT UNIFORMS The Chief of Police may authorize special uniforms to be worn by officers in specialized units such as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments. 1046.3.4 FOUL WEATHER GEAR The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear. 1046.4 INSIGNIA AND PATCHES (a)Shoulder Patches - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the shoulder seam of the shirt and be bisected by the crease in the sleeve. (b)Service stripes, stars, etc. - Service stripes and other indicators for length of service may be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shall be sewn the width of one and one- half inches above the cuff seam with the rear of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on the left sleeve only. (c)The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's first initial and last name. If an employee's first and last names are too long to fit on the nameplate, then the initial of the first name will accompany the last name. If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn and placed above the right pocket on the seam with equal distance from both sides of the nameplate to the outer edge of the pocket. (d)When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. (e)Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as designated by the Chief of Police. (f)Flag Pin - A flag pin may be worn, centered above the nameplate. (g)Badge - The department issued badge, or an authorized sewn on cloth replica, must be worn and visible at all times while in uniform. (h)Rank Insignia - The designated insignia indicating the employee's rank must be worn at all times while in uniform. The Chief of Police may authorize exceptions. 1046.4.1 MOURNING BADGE Uniformed employees shall wear a black mourning band across the uniform badge whenever a law enforcement officer is killed in the line of duty. The following mourning periods will be observed: Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 705 (a)An officer of this department - From the time of death until midnight on the 14th day after the death. (b)An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral. (c)Funeral attendee - While attending the funeral of an out of region fallen officer. (d)National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours. (e)As directed by the Chief of Police. 1046.5 CIVILIAN ATTIRE There are assignments within the Department that do not require the wearing of a uniform because recognition and authority are not essential to their function. There are also assignments in which the wearing of civilian attire is necessary. (a)All employees shall wear clothing that fits properly, is clean and free of stains, and not damaged or excessively worn. (b)The following items shall not be worn on-duty: 1.T-shirt alone. 2.Open-toed sandals or thongs. 3.Swimsuit, tube tops, or halter-tops. 4.Spandex type pants or see-through clothing. 5.Distasteful printed slogans, buttons or pins. (c)Variations from this order are allowed at the discretion of the Police Chief or designee when the employee's assignment or current task is not conducive to the wearing of such clothing. (d)No item of civilian attire may be worn on-duty that would adversely affect the reputation of the Department or the morale of the employees. 1046.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, Palo Alto Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the Palo Alto Police Department to do any of the following (Government Code §§ 3206 and 3302): (a)Endorse, support, oppose, or contradict any political campaign or initiative. (b)Endorse, support, oppose, or contradict any social issue, cause, or religion. Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 706 (c)Endorse, support, or oppose, any product, service, company or other commercial entity. (d)Appear in any commercial, social, or non-profit publication, or any motion picture, film, video, public broadcast, or any website. 1046.7 OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT (a)Any of the items listed in the Uniform and Equipment Specifications as optional shall be purchased totally at the expense of the employee. No part of the purchase cost shall be offset by the Department for the cost of providing the Department issued item. (b)Maintenance of optional items shall be the financial responsibility of the purchasing employee. For example, repairs due to normal wear and tear. (c)Replacement of items listed in this order as optional shall be done as follows: 1.When the item is no longer functional because of normal wear and tear, the employee bears the full cost of replacement. 2.When the item is no longer functional because of damage in the course of the employee's duties, it shall be replaced following the procedures for the replacement of damaged personal property (see the Department Owned and Personal Property Policy). 1046.7.1 RETIREE BADGES The Chief of Police may issue identification in the form of a badge, insignia, emblem, device, label, certificate, card or writing that clearly states the person has honorably retired from the Palo Alto Police Department. This identification is separate and distinct from the identification authorized by Penal Code § 25455 and referenced in the Retired Officer CCW Endorsement Policy in this manual. A badge issued to an honorably retired peace officer that is not affixed to a plaque or other memento will have the words “Honorably Retired” clearly visible on its face. A retiree shall be instructed that any such badge will remain the property of the Palo Alto Police Department and will be revoked in the event of misuse or abuse (Penal Code § 538d). 1046.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Palo Alto Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Palo Alto Police Department employees may not use or carry any safety item, tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. 1046.9 UNIFORM PURCHASE/REPLACEMENT Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 707 1046.9.1 INITIAL ISSUANCE Unless otherwise listed, at the time of initial employment, every sworn employee will be issued the following uniform equipment: (a)Three pairs of trousers; (b)Three short-sleeved shirts; (c)Three long-sleeved shirts; (d)Duty jacket; (e)Necktie; (f)Duty belt and necessary associated duty equipment; (g)Rain gear will be issued upon entry to the FTO program; (h)Ike jacket will be issued, at the officer's request, upon completion of probation. All uniformed employees have the option at the time of initial issuance of obtaining one set of the regular uniform and two sets of the Blauer uniform, or two sets of the regular uniform and one set of the Blauer uniform. Employees must always have at least one set of a Class A uniform available. 1046.9.2 REPLACEMENT Issued uniforms and equipment will be replaced on an as-needed basis. The Field Services Division Staff Assistant, who may or may not authorize the replacement based on the appearance of the item, will inspect the item. Uniforms with small holes in them may be patched instead of replacing them. Age, repairable holes or tears, etc. are not grounds for replacement. Employees may be issued used uniforms/equipment that are still in good repair instead of having the Department purchase new items. Items that are replaced will be returned to the Field Services Division Staff Assistant for appropriate disposal. 1046.9.3 EMPLOYEE RESPONSIBILITIES Accountability: Employees are responsible for all issued uniforms and equipment. If a particular item is lost or damaged due to employee negligence, the employee will be required to reimburse the City for the replacement cost. All lost or damaged equipment will be reported immediately to a supervisor. The employee will submit a memo to his or her supervisor regarding the lost items. Departure from a specialty position: Whenever any employee leaves a specialty position, he or she is responsible for returning all of the issued specialty equipment to the Field Services Division Staff Assistant. The specialty team's supervisor will be responsible for ensuring that this takes place. Departure from the City: When an employee leaves the position of sworn officer, the unloaded duty weapon, speed loaders, magazines, Department ammunition, identification card, security card, badge, hat badge, TASER, TASER CAM and TASER cartridges will be turned in to the Personnel and Training Unit supervisor. All other issued equipment will be turned in to the Field Services Division Staff Assistant. The employee will be responsible for making arrangements to Palo Alto Police Department Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Uniform Regulations - 708 turn in all issued equipment. The employee may be charged for any equipment that is missing. Equipment will not be left in the employee's locker. Records: The Field Services Division Staff Assistant will be responsible for maintaining files regarding issued equipment. 1046.10 KNIFE (UTILITY) At the employee's option and expense, a folding (Buck) type knife or a Leatherman style tool that contains a folding knife may be carried for utility purposes as part of the employee's uniform. The knife blade shall measure no more than four inches and shall have a single cutting edge. The knife shall be carried in a closed condition either in a sheath, which matches the other carriers on the duty belt, secured by a snap or Velcro and attached to the employee's duty belt or securely clipped to the employee's uniform. Fixed blade knives, boot knives, or switchblade knives (as defined in PC653k) are not authorized. This section does not apply to members of Palo Alto SWAT during team activations or training; however, any deviation from the above authorized knives must be at the approval of the SWAT Team Coordinator. 1046.11 POLICY ISSUE DATE Updated: 1-18-17 Policy 1048 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 709 Police Explorer Program 1048.1 PURPOSE AND SCOPE The Palo Alto Police Department Explorer Post is organized within the guidelines set forth by the national Learning for Life organization. The Post provides an opportunity for Explorers, consisting of juveniles and young adults of Palo Alto and surrounding areas, to improve community relations with the Police Department, learn about the law enforcement profession, develop life skills, and gain leadership experience. The specific operational details of the Explorer Post are outlined in the PAPD Explorer Operations Manual, which is incorporated by reference herein. Part of the intent of this policy is to ensure that the Department conforms to the rules set forth by Learning For Life governing youth participation and oversight. 1048.2 EXPLORER POST ADVISOR STAFF POSITIONS The Explorer Post Advisor Staff members are responsible for the general operation of the Explorer Post and its integration into Department activities, events, and operations. All Staff Advisors shall, at a minimum, be non-probationary employees in good standing, be registered as an advisor with Learning For Life, have received training in Youth Protection, and participate in regular training as required by Learning For Life. Head Advisor: The Head Advisor shall be appointed by the Field Services Division Captain and is responsible for the general administration and operations of the Post. The Head Advisor shall maintain the Post's registration with Learning For Life. Associate Advisor: All Associate Advisors will report to the Head Advisor for Post matters. The Head Advisor is responsible for disciplinary matters involving Explorers. Associate Advisor: The Associate Advisor's are responsible for assisting with Post activities, events, training, and operations. Problems arising in the Post should be brought to the attention of the Head Advisor. 1048.3 EXPLORER UNIFORM AND ATTIRE The Department will provide the Explorer Scout with uniform equipment as outlined in the Operations Manual. Explorers shall wear an appropriate uniform while on-duty at all details, on ride-alongs, and when performing volunteer services. Explorers shall wear appropriate civilian attire when participating in Post activities in which they are not considered to be on-duty. 1048.4 EXPLORER RIDE-ALONGS Explorers may participate in ride-alongs with sworn, non-probationary officers in accordance with the guidelines set forth in the Operations Manual. Scheduling of all ride-alongs shall be performed through the proper Explorer chain of command. Explorers shall not individually schedule ride- alongs directly with officers although they may request to ride with a specific officer. While on a ride-along, Explorers shall take direction and orders from the host officer at all times. Explorers Palo Alto Police Department Policy Manual Police Explorer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 710 shall stay in or near the patrol vehicle unless directed to do otherwise by the officer. Explorers shall wear a seat belt. A standard Explorer ride-along is six (6) hours long. The Explorer may ride longer, at the officer's discretion, within the following guidelines: Ride-alongs shall start no earlier than 0700 hours and no later than 2000 hours. Ride alongs shall end no later than midnight for Explorers under 18 years old and no later than 0100 hours for Explorers 18 years old or older. In the event that an officer is unable to return the Explorer to the station or home by the deadline due to an extended call for service, the officer shall notify the field supervisor or watch commander and arrangements shall be made to return the Explorer to the station or home, as soon as is practical. Explorers violating the ride-along hours shall be subject to discipline. Either the officer or Explorer may terminate a ride-along at any time for any reason. When a ride-along is terminated early, the Explorer and the officer shall inform the Head Advisor of the circumstances and reason for the early termination in order to address any problems or concerns with the ride-along. 1048.4.1 CRITICAL INCIDENTS AND OFFICER EMERGENCIES Explorers are specifically ordered to remain in the patrol vehicle during incidents or calls that are obviously hazardous to the Explorer's health and safety. In the case of calls that are clearly life- threatening to the host officer (i.e. active-shooters, riots, etc.), reasonable efforts should be made to drop the Explorer off at a safe location before the officer arrives at that call. In such cases, the officer shall notify Communications of the Explorer's whereabouts and arrangements shall be made to take the Explorer home or back to the station, as soon as is practical. If the Explorer cannot be left at a safe location prior to arrival at the scene, the Explorer shall seek a position of cover near the scene. Explorers are not expected to go to the aid of an officer in trouble, except to notify Communications of the emergency when possible. Explorers are expected to seek a safe position in the event that the Explorer's own safety is in serious jeopardy. However, this policy does not prohibit Explorers from taking reasonable steps to ensure their own safety in exigent circumstances. If an Explorer is involved in a critical incident, the Head Advisor shall be notified immediately. The Explorer shall not be interviewed in depth, regardless of the Explorer's involvement, without an uninvolved Advisor present, except to ascertain immediately necessary public safety information. Any Explorers involved in a critical incident shall be offered limited initial counseling services through the Department. 1048.5 GENERAL EXPLORER SUPERVISION To comply with the Youth Protection guidelines set forth by Learning For Life, Explorers shall not intentionally be placed in situations in which they are alone with only one adult in a private environment for an extended time. At least one Advisor and at least one additional supervising adult must attend any Post-specific activity. Palo Alto Police Department Policy Manual Police Explorer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 711 Details and ride-alongs, by their nature, are assumed to occur in a public environment and thus only require a minimum of one sworn officer (preferably an Advisor at details) for supervision. For the purposes of supervision, a "supervising adult" is considered to be any Staff Advisor, Department employee, parent of an Explorer, Advisor of a different Explorer Post, or any other responsible adult of at least 21 years of age who has been approved by the Head Advisor. 1048.5.1 EMPLOYEE SUPERVISION DURING TRIPS/ACTIVITIES Advisors and Department employees attending Post trips or activities are responsible for the safety and care of the Explorers. As such, at least one or more supervising adults must be in proper condition to tend to the needs of the Explorers at any given time. Supervising adults shall not consume alcohol for the duration of explorer trips/activities, regardless of whether during on or off duty hours. 1048.5.2 FRATERNIZATION Explorers participate in activities that place them under the direct supervision of Palo Alto Police Department employees (both sworn and non-sworn). As such, fraternization between Explorers and Department employees is inconsistent and incompatible with the goals of this program. While it is natural for friendships to develop between Explorers and Department employees, social relationships are restricted as follows: Palo Alto Police Department employees are specifically prohibited from establishing and/or maintaining dating, intimate, and/or sexual relationships with any Explorer in this Post. 1048.6 EXPLORER ACTIVITIES Requests for Explorer involvement in details or volunteer tasks shall be made through the Head Advisor for scheduling and approval. Explorers shall not be recruited individually for details or volunteer opportunities. Event/activity coordinators may request specific Explorers with good cause. Explorers may be utilized in Department and Community details in a capacity that does not intentionally place them in situations that present clear danger of physical harm. Explorers may also perform volunteer services for the Department. Such services may include, but are not limited to, assisting with tasks in the station and acting as role-players for training activities. Explorers may participate in organized Post-specific activities (i.e. recreational field trips, Explorer Conferences, etc.) Activities shall be planned in accordance with Department and Learning For Life policies and shall be open to all eligible Explorers. Explorers shall not be used in any covert or undercover operations as members of the Post. However, they may be offered the opportunity to participate as private citizens in such operations as permitted by Department policy. The Post and Learning For Life assume no liability or responsibility for any participants during such operations. Palo Alto Police Department Policy Manual Police Explorer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 712 1048.7 OVERNIGHT TRIPS Some Explorer details and activities may require one or more overnight stays away from home. On any overnight trip: (a)At least one supervising adult must be of the same gender as any Explorer attending. (b)Supervising adults shall not share individual rooms with any Explorers, but may be in the same room as ALL Explorers if the sleeping location is arranged for the entire group (i.e. everyone is staying in a high school gym). (c)Male and female Explorers shall not share an individual room, except those that are married to each other. (d)Facilities must provide sufficient privacy for individuals when changing or bathing. 1048.8 EXPLORER MISCONDUCT-INTERNAL INVESTIGATIONS This section does not apply to criminal investigations. Although Explorers are at-will volunteers for the Department and may be terminated from their position without cause, Explorers are valued by the department. As such, allegations of misconduct should be reviewed in a fair, thorough, and impartial manner. Any allegation(s) of Explorer criminal activity, policy violations, violations of guidelines set forth in the Operations Manual, or other impropriety shall be brought to the attention of the Head Advisor even if the allegations involve actions the Explorer took off-duty. The Head Advisor may make brief initial inquiries to determine the accuracy and seriousness of the allegation(s). The inquiries should not be constructed as a "fishing expedition." Should it appears from the initial inquiry that the Explorer should be placed on leave or terminated from the Post, the Head Advisor shall notify the Field Services Division Captain and conduct an investigation with management oversight. Upon conclusion of the investigation, the Head Advisor shall discuss appropriate actions with the Field Services Division Captain, prior to imposing them. Explorers under criminal investigation by any jurisdiction may be suspended from the Post immediately, pending the outcome of the criminal investigation. Explorers may be subject to Post- specific corrective actions based upon the criminal investigation findings. Officers or citizens who have complaints about any individual Explorer or the Post shall bring their concerns to the Head Advisor directly. Hearsay complaints from third parties shall not be entertained. 1048.8.1 INTERVIEWING EXPLORERS '" INTERNAL INVESTIGATIONS This section does not apply to criminal investigations Any Explorer that is the subject to an investigation shall be interviewed as follows: (a)The Explorer shall be informed of the specific allegation(s) at the start of an interview. Palo Alto Police Department Policy Manual Police Explorer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 713 (b)The interview shall be conducted by a maximum of two people including the Head Advisor. (c)The interview shall be held at a reasonable time of day and shall be as short as possible. (d)The interview shall focus strictly on the allegation(s) and shall not be a "fishing expedition." (e)The Explorer shall be afforded any and all breaks necessary to tend to personal needs. (f)The Explorer shall not be subjected to harsh language, threats, or other abusive behavior. (g)The Explorer shall be allowed to bring a parent and/or an uninvolved representative (such as a Department employee) for support. (h)The Explorer may have a maximum of two support persons. 1.The support person(s) may sit in on the interview to ensure that the Explorer is treated properly, but the interview may be terminated if the support person(s) unnecessarily interfere with the investigation. 2.If the Explorer cannot be interviewed without interference, then the investigation may be concluded without taking the unasked interview questions into consideration. 1048.9 EXPLORER DIRECTIVES Absent exigent circumstances when no other options exist: •Explorers shall not take direct criminal enforcement actions •Explorers shall not be placed in circumstances or be asked to take any action that would intentionally subject them to being subpoenaed to court •Explorers shall not use restricted computer systems (i.e. CJIC, CLETS, etc.), unless they are fully certified to do so and they are supervised by a qualified Department employee •Explorers shall not drive marked patrol vehicles except while under immediate supervision during Department or Post sponsored training activities •Explorers shall not drive a personal vehicle to perform official Department duties or activities unless specifically authorized to do so by the Head Advisor •Explorers shall not conduct person searches of criminal suspects •Explorers may perform light traffic control with a level of supervision appropriate to the conditions •Explorers may, at the specific direction of an officer, assist with non-emergency and non-restricted duties (i.e. filling out forms as a scribe, broadcasting radio traffic, etc.) Palo Alto Police Department Policy Manual Police Explorer Program Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Police Explorer Program - 714 Policy 1050 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Nepotism and Conflicting Relationships - 715 Nepotism and Conflicting Relationships 1050.1 PURPOSE AND SCOPE The purpose of this policy is to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by or between members of this department. These employment practices include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to training opportunities, supervision, performance appraisal, discipline and workplace safety and security. 1050.1.1 DEFINITIONS Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture or other transaction, where the Department employee's annual interest, compensation, investment or obligation is greater than $250. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee's action, inaction or decisions are or may be influenced by the employee's personal or business relationship. Nepotism - The practice of showing favoritism to relatives over others in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Public official - A supervisor, officer or employee vested with authority by law, rule or regulation or to whom authority has been delegated. Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor. Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. 1050.2 RESTRICTED DUTIES AND ASSIGNMENTS The Department will not prohibit all personal or business relationships between employees. However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply (Government Code § 12940(a)): (a)Employees are prohibited from directly supervising or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. Palo Alto Police Department Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Nepotism and Conflicting Relationships - 716 1.If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor. 2.When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/ subordinate situations. The Department, however, reserves the right to transfer or reassign any employee to another position within the same classification in order to avoid conflicts with any provision of this policy. (b)Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. (c)Whenever possible, FTOs and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. (d)To avoid actual or perceived conflicts of interest, members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of or as a direct result of any official contact. (e)Except as required in the performance of official duties or, in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender or who engages in serious violations of state or federal laws. 1050.2.1 EMPLOYEE RESPONSIBILITY Prior to entering into any personal or business relationship or other circumstance which the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor. Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify dispatch to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action. Palo Alto Police Department Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Nepotism and Conflicting Relationships - 717 1050.2.2 SUPERVISOR'S RESPONSIBILITY Upon being notified of, or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command. Policy 1052 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Badges - 718 Department Badges 1052.1 PURPOSE AND SCOPE The Palo Alto Police Department badge and uniform patch as well as the likeness of these items and the name of the Palo Alto Police Department are property of the Department and their use shall be restricted as set forth in this policy. 1052.2 POLICY The uniform badge shall be issued to department members as a symbol of authority and the use and display of departmental badges shall be in strict compliance with this policy. Only authorized badges issued by this department shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. 1052.2.1 FLAT BADGE Sworn officers, with the written approval of the Chief of Police may purchase, at his/her own expense, a flat badge capable of being carried in a wallet. The use of the flat badge is subject to all the same provisions of departmental policy as the uniform badge. (a)An officer may sell, exchange, or transfer the flat badge he/she purchased to another officer within the Palo Alto Police Department with the written approval of the Chief of Police. (b)Should the flat badge become lost, damaged, or otherwise removed from the officer’s control, he/she shall make the proper notifications as outlined in the Department Owned and Personal Property Policy. (c)An honorably separatedofficer may keep his/her flat badge upon retirement. (d)The purchase, carrying or display of a flat badge is not authorized for non-sworn personnel. 1052.2.2 CIVILIAN PERSONNEL Badges and departmental identification cards issued to non-sworn personnel shall be clearly marked to reflect the position of the assigned employee (e.g. Parking Control, Dispatcher). (a)Non-sworn personnel shall not display any department badge except as a part of his/her uniform and while on duty, or otherwise acting in an official and authorized capacity. (b)Non-sworn personnel shall not display any department badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer. 1052.2.3 RETIREE UNIFORM BADGE Upon honorable separation, and with the written approval of the Chief of Police, employees may purchase his/her assigned duty badge for display purposes. It is intended that the duty badge be Palo Alto Police Department Policy Manual Department Badges Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Badges - 719 used only as private memorabilia as other uses of the badge may be unlawful or in violation of this policy. 1052.3 UNAUTHORIZED USE Except as required for on-duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer. Department badges are issued to all sworn employees and civilian uniformed employees for official use only. The department badge, shoulder patch or the likeness thereof, or the department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda, and electronic communications such as electronic mail or web sites and web pages. The use of the badge, uniform patch and department name for all material (printed matter, products or other items) developed for department use shall be subject to approval by the Chief of Police. Employees shall not loan his/her department badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. Policy 1054 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Modified Duty Assignments - 720 Modified Duty Assignments 1054.1 PURPOSE AND SCOPE It is the policy of the Palo Alto Police Department to provide modified duty assignments when reasonably available for sworn and non-sworn employees recovering from work related illness or injury. Upon approval of the Personnel and Training Lieutenant, light/modified duty assignments may be provided for non-work related injury or illness and pregnancy. Approval for such modified duty assignments shall be based upon written approval of the employee's attending physician, the availability of modified duty assignments and the Department's ability to provide work consistent with medical limitation adn the time frame of the limitation. 1054.2 DEFINITIONS Modified Duty - Means a temporary, limited-term assignment not requiring performance of the full range of duties associated with the regular job classification. modified duty also may be termed as light-duty assignments. 1054.3 RESTRICTIONS Employees on modified duty shall not wear a police uniform or drive a marked patrol vehicle without prior written permission from the Personnel and Training Lieutenant. Those employees who want to carry their duty weapon while in the police station or concealed in public, must obtain approval from the Personnel and Training Lieutenant. Employees authorized to carry a firearm must qualify with that weapon during the quarterly firearms qualification. Employees are not to take any enforcement action, except under the most dire circumstances, such as when the modified duty officer happens upon or is in the immediate vicinity of a situation wherein the life of a citizen or officer is in immediate peril and the modified officer's inaction could result in the death or great bodily injury of the person in peril. California Labor Code 4850: Sworn personnel who accumulate one full year of disability compensation, in a single increment, as mandated by the California Labor Code 4850, will not be returned to or continue on a modified duty assignment. In such cases, sworn personnel will be compensated in accordance with established City of Palo Alto regulation. 1054.4 PROCEDURE Employees performing modified duties will be assigned to the Lieutenant of Personnel and Training. The Lieutenant will determine specific assignments taking into consideration medical limitations prescribed by the attending physician. Duty hours will be assigned to best meet the needs of the Department. Personnel assigned to Investigative Services, Technical Services, Staff Assistant, Personnel and Training, and those that are able to continue their full-duty assignment in a modified duty capacity will continue to do so. Palo Alto Police Department Policy Manual Modified Duty Assignments Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Modified Duty Assignments - 721 1054.4.1 MODIFIED-DUTY ASSIGNMENTS AND SCHEDULES Any assignment to modified duty will be on a temporary basis. This policy is not intended to create any permanent modified duty assignments. Any assignment to a modified duty position shall not displace any other employee without the consent of all parties involved. Every effort will be made to assign an employee to a task within the police department, however if no assignment is available, the employee may be assigned to another City Department to perform designated modified assignment, which will be coordinated by the City's Risk Manager. The schedules of employees assigned to modified duty may be adjusted to suit medical appointments or Department needs. When acceptable to both the employee and management, the employee's work schedule will remain the same. The employee and his/her supervisors should be informed in writing of the schedule, assignment and limitations and restrictions as determined by the employee's health care provider. 1054.4.2 MEDICAL EXAMINATIONS The Department reserves the right to require, prior to returning to full-duty status, a fitness-for- duty examination of any employee assigned to a modified-duty assignment or of any employee having been on such assignment. Such examinations shall be at the expense of the Department. Prior to returning to full-duty status, employees shall be required to provide a statement signed by their health care provider indicating that they are medically cleared to perform the basic and essential job functions of their assignment without restriction or limitation. 1054.5 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. 1054.6 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified-duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified duty. Policy 1058 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Speech, Expression and Social Networking - 722 Employee Speech, Expression and Social Networking 1058.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1058.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, use of all Internet services, including the World Wide Web, e- mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file-sharing sites. 1058.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Palo Alto Police Department will carefully balance the individual employee's rights against the Department's needs and interests when exercising a reasonable degree of control over its employees' speech and expression. 1058.3 SAFETY Employees should consider carefully the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of the Palo Alto Police Department employees, such as posting personal information in a public forum, can result in compromising an employee's home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any employee, an employee's family or associates. Palo Alto Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Speech, Expression and Social Networking - 723 Examples of the type of information that could reasonably be expected to compromise safety include: •Disclosing a photograph and name or address of an officer who is working undercover. •Disclosing the address of a fellow officer. •Otherwise disclosing where another officer can be located off-duty. 1058.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the department's safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern): (a)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Palo Alto Police Department or its employees. (b)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Palo Alto Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the Palo Alto Police Department or its employees. Examples may include: 1.Statements that indicate disregard for the law or the state or U.S. Constitution. 2.Expression that demonstrates support for criminal activity. 3.Participating in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape. (e)Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Palo Alto Police Department. (f)Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department Palo Alto Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Speech, Expression and Social Networking - 724 for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. (g)Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Palo Alto Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. (h)Accessing websites for non-authorized purposes, or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty, except in the following circumstances: 1.When brief personal communication may be warranted by the circumstances (e.g., inform family of extended hours). 2.During authorized breaks such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment. Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1058.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Palo Alto Police Department or identify themselves in any way that could be reasonably perceived as representing the Palo Alto Police Department in order to do any of the following, unless specifically authorized by the Chief of Police (Government Code § 3206; Government Code § 3302): (a)Endorse, support, oppose or contradict any political campaign or initiative. (b)Endorse, support, oppose or contradict any social issue, cause or religion. (c)Endorse, support or oppose any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website. Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization (e.g., bargaining group or officer associations), is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Palo Alto Police Department. Palo Alto Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Speech, Expression and Social Networking - 725 Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while off- duty. However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1058.5 PRIVACY EXPECTATION Employees forfeit any expectation of privacy with regard to e-mails, texts or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system. The Department reserves the right to access, audit and disclose for whatever reason any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department. This includes the department e-mail system, computer network or any information placed into storage on any department system or device. It also includes records of all key strokes or web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a user name or password will not create an expectation of privacy if it is accessed through a department computer or network. However, the Department may not require an employee to disclose a personal user name or password or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work related misconduct (Labor Code § 980). 1058.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or authorized designee should consider include: (a)Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b)Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. (c)Whether the speech or conduct would reflect unfavorably upon the Department. (d)Whether the speech or conduct would negatively affect the member's appearance of impartiality in the performance of his/her duties. (e)Whether similar speech or conduct has been previously authorized. Palo Alto Police Department Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Employee Speech, Expression and Social Networking - 726 (f)Whether the speech or conduct may be protected and outweighs any interest of the Department. 1058.7 TRAINING Subject to available resources, the Department should provide training regarding employee speech and the use of social networking to all members of the Department. Policy 1059 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 727 Illness and Injury Prevention 1059.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Palo Alto Police Department, in accordance with the requirements of 8 CCR § 3203. This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede, but supplements any related Citywide safety efforts. 1059.2 POLICY The Palo Alto Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The [Department/ Office] will establish and maintain an Illness and Injury Prevention program and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the [Department/Office] to comply with all laws and regulations related to occupational safety. 1059.3 ILLNESS AND INJURY PREVENTION PLAN The City Safety Officer responsible for developing an illness and injury prevention plan that shall include: (a)Workplace safety and health training programs. (b)Regularly scheduled safety meetings. (c)Posted or distributed safety information. (d)A system for members to anonymously inform management about workplace hazards. (e)Establishment of a safety and health committee that will: 1.Meet regularly. 2.Prepare a written record of safety and health committee meetings. 3.Review the results of periodic scheduled inspections. 4.Review investigations of accidents and exposures. 5.Make suggestions to command staff for the prevention of future incidents. 6.Review investigations of alleged hazardous conditions. 7.Submit recommendations to assist in the evaluation of member safety suggestions. 8.Assess the effectiveness of efforts made by the [Department/Office] to meet relevant standards. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 728 (f)Establishment of a process to ensure serious illnesses or injuries and death are reported as required by the Division of Occupational Safety and Health Administration (Cal/OSHA) (8 CCR § 342). 1059.4 City Safety Officer RESPONSIBILITIES The responsibilities of the City Safety Officer include, but are not limited to: (a)Managing and implementing a plan to reduce the incidence of member illness and injury. (b)Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: 1.New member orientation that includes a discussion of safety and health policies and procedures. 2.Regular member review of the illness and injury prevention plan. (c)Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d)Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes, but is not limited to: 1.Informing members of the illness and injury prevention guidelines. 2.Recognizing members who perform safe work practices. 3.Ensuring that the member evaluation process includes member safety performance. 4.Ensuring [department/office] compliance to meet standards regarding the following: (a)Respiratory protection (8 CCR § 5144) (b)Bloodborne pathogens (8 CCR § 5193) (c)Aerosol transmissible diseases (8 CCR § 5199) (d)Heat illness (8 CCR § 3395) (e)Emergency Action Plan (8 CCR § 3220) (f)Fire Prevention Plan (8 CCR § 3221) (e)Making available the Identified Hazards and Correction Record form to document inspections, unsafe conditions or work practices, and actions taken to correct unsafe conditions and work practices. (f)Making available the Investigation/Corrective Action Report to document individual incidents or accidents. (g)Making available a form to document the safety and health training of each member. This form will include the member’s name or other identifier, training dates, type of training and training providers. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 729 (h)Conducting and documenting a regular review of the illness and injury prevention plan. 1059.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a)Ensuring member compliance with illness and injury prevention guidelines and answering questions from members about this policy. (b)Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c)Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d)Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the City Safety Officer . (e)Notifying the City Safety Officer when: 1.New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2.New, previously unidentified hazards are recognized. 3.Occupational illnesses and injuries occur. 4.New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5.Workplace conditions warrant an inspection. 1059.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on an Identified Hazards and Correction Record form. This form should be forwarded to the City Safety Officer via the chain of command. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 730 The City Safety Officer will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 1059.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment. The Administrative Services Division Captain shall ensure that the appropriate documentation is completed for each inspection. 1059.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their personal protective equipment (PPE) prior to working in the field. Members shall complete the Identified Hazards and Correction Record form if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1059.8 INVESTIGATIONS Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a)A visit to the accident scene as soon as possible. (b)An interview of the injured member and witnesses. (c)An examination of the workplace for factors associated with the accident/exposure. (d)Determination of the cause of the accident/exposure. (e)Corrective action to prevent the accident/exposure from reoccurring. (f)Documentation of the findings and corrective actions taken. (g)Completion of an Investigation/Corrective Action Report form. (h)Completion of an Identified Hazards and Correction Record form. Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required under the Occupational Disease and Work-Related Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. Palo Alto Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Illness and Injury Prevention - 731 1059.9 TRAINING The City Safety Officer should work with the Personnel and Training Lieutenant to provide all members, including supervisors, with training on general and job-specific workplace safety and health practices. Training shall be provided: (a)To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b)To all members with respect to hazards specific to each member’s job assignment. (c)To all members given new job assignments for which training has not previously been provided. (d)Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e)Whenever the Department is made aware of a new or previously unrecognized hazard. 1059.9.1 TRAINING TOPICS The Personnel and Training Lieutenant shall ensure that training includes: (a)Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b)Use of appropriate clothing, including gloves and footwear. (c)Use of respiratory equipment. (d)Availability of toilet, hand-washing and drinking-water facilities. (e)Provisions for medical services and first aid. (f)Handling of bloodborne pathogens and other biological hazards. (g)Prevention of heat and cold stress. (h)Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i)Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non-ionizing radiation. (j)Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k)Back exercises/stretches and proper lifting techniques. (l)Avoidance of slips and falls. (m)Good housekeeping and fire prevention. (n)Other job-specific safety concerns. 1059.10 RECORDS Records and training documentation relating to illness and injury prevention will be maintained in accordance with the established records retention schedule. Policy 1060 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Peer Support - 732 Peer Support 1060.1 PURPOSE AND SCOPE The purpose of the Palo Alto Police Department Peer Support Team is to provide personal support for all members of the Department who are involved in critical incidents while on or off duty, or who have experienced significant emotional events while off duty for which personal support is requested. Peer Support can help minimize the harmful effects of significant incidents and situations on the employee’s mental, emotional, and physical well-being. The Peer Support Team is designed to be peer driven and its goal is to act in the best interests of both the employee and the Department. This team works in conjunction with the Police Chaplaincy Program and the Employee Assistance Program. 1060.2 DEFINITIONS Critical Incident: An event that is outside the normal human experience. Examples include shootings, officer injury, gun take-aways, child deaths, officer suicides, disease exposure, disasters, etc. A critical incident can also be any incident experienced by an employee and the employee feels it affects his/her well-being. Employee: Any member of the Palo Alto Police Department that is sworn, non-sworn, paid, or volunteer. Peer Support Team: A group of employees trained to provide support to fellow employees in need of assistance listed in “Functions." Peer Support Professional: A mental health professional with sufficient police exposure, and with whom the Peer Support Manager/Supervisor approves. Post-Traumatic Stress: A normal reaction to an abnormal situation. Examples include, but are not limited to, the normal physical ailments as well as normal physiological responses (time distortion, altered visual and auditory perceptions) that occur during and after the incident. 1060.3 PEER SUPPORT TEAM FUNCTIONS The three main functions of this team are to provide defusing, critical incident debriefing, and basic peer support. Defusing: To provide immediate support to Department employees who have been involved in a critical incident. A defusing may be conducted individually or with the group of involved employees soon after the incident. During the defusing, the Peer Support member will facilitate a review of the incident and provide information to assist the employee through the initial emotional response caused by the incident. Peer support members will provide education and information to the employee, so they can better understand what has happened and what to expect in the future. Peer Support will also see to the immediate needs of the employee and their family through established resources as well as support for the employee. Palo Alto Police Department Policy Manual Peer Support Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Peer Support - 733 Critical Incident Debriefing: A process, normally occurring 48 to 72 hours after the incident, where involved employees along with Peer Support members and, in most cases, a Peer Support Professional, discuss the incident in a non-judgmental way. The purpose is to address informational gaps, normalize feelings and reactions, and educate employees about stress management techniques and resources. As with defusing, the goal is to minimize the effects of situations that could have a significant negative impact on employees and their family’s mental, emotional, and psychological well-being. Basic Peer Support: To maintain a group of employees with whom an employee can choose to discuss sensitive issues. These discussions will be as confidential as current law allows. Peer Support members will make employees aware of the various resources available for their specific needs. Peer Support is not intended to replace professional help, nor are Peer Support members professional counselors. The Peer Support Team shall maintain an extensive list of resources that employees may use in time of need. These can include psychologists, counselors, clergy, and literature on death and dying, martial and childrens' issues, and normal and abnormal reactions to stress and post traumatic response. Additionally, Peer Support members may arrange emergency childcare, transportation, and meals as well as assist with notifications to families of employee injury or death. 1060.4 POLICY Notification and Response: It is the policy of the Palo Alto Police Department that when an incident occurs that requires a mandatory critical incident debriefing, the Peer Support Lieutenant/Sergeant shall be notified by the Watch Commander. The Peer Support Team can also be called by a supervisor of the involved employee when, from their perspective, an incident has the potential for producing the type of emotional shock that may adversely impact the psychological well-being of the employee. Structure: The Peer Support team is comprised of one or more Sergeants who are as team supervisors and the individual Peer Support members who are trained in peer support and critical incident debriefing. A Lieutenant will be assigned as the Team Coordinator, along with a member of the Palo Alto Police Department Chaplain program to provide logistical support and liaison with Department administration as necessary. Peer Support is available to all Department employees and both sworn and non-sworn employees may be team members. 1060.4.1 TRAINING AND SELECTION Application Process: When an opening on the Peer Support Team is available, the application process is open to all sworn and non-sworn department employees. Desirable qualities include: (a) Maturity in conduct and good listening skills (b) Demonstrated history of caring for the welfare of fellow employees (c) Be available for call-outs when not on scheduled leave Palo Alto Police Department Policy Manual Peer Support Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Peer Support - 734 Applicants must obtain a written recommendation on the applicant’s suitability for the assignment from a current supervisor and submit it with their Application for Specialized Assignment. Applicants will interview for the position per policy guidelines. Training/Selection: Peer Support members will attend the basic peer support course and will be considered to attend advanced and other pertinent course(s) as assigned by the Peer Support Supervisor. Consistent with policy and other part-time specialty assignments, team members will serve a minimum of 2 years on the team. Team members may be removed from the team for conduct inconsistent with this program’s policy and objectives. 1060.4.2 ROLES AND RESPONSIBILITIES OF MEMBERS Peer Support Team Coordinator: The assigned Lieutenant shall work directly with the assigned Department Chaplain coordinating and monitoring team activities, training, and member performance. The coordinator shall maintain a list of professional therapists/psychologists to assist the department as needed. Peer Support Team Supervisor(s): The assigned Sergeant(s) are responsible for the following (a) Coordinating the activation and use of Peer Support members as needed and ensuring notification of the Coordinator when the team is activated. The use of on-duty personnel should be considered prior to calling off-duty members. (b) Monitoring the use of Peer Support Team members via statistical anonymous information on the use of the team, reporting such information to the Coordinator quarterly. (c) Managing the training, development, and personnel issues of the team members with assistance from the Coordinator as directed. Peer Support Team Members: (d) Participate in initial and on-going training and attending team meetings. () Maintain information on referral services and stress management. (f) Conduct and assist as directed with defusings/debriefings, peers support sessions and providing referral information to employees. (g) Be alert for employees who could benefit from referrals Support Coordination: The Peer Support Lieutenant/Sergeant will coordinate initial and follow-up support for the involved employee, including logistical support. The Peer Support Team members will not hinder any criminal or administrative investigation. Debriefing and Information: When possible, Peer Support will ensure that the employee receives a formal critical incident debriefing within 72 hours after the incident for those requiring a mandatory debriefing. Employees may request non-mandatory debriefings at any time. Peer support will also provide information to members so they can understand the normal responses to that incident, and what can be done to minimize their impact. Palo Alto Police Department Policy Manual Peer Support Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Peer Support - 735 Non-Critical Incidents: Employees may approach any peer Support member at any time for assistance in any personal matter. No record will be kept except for non-specific statistical purposes (Names will not be kept). Employees will not be referred to Peer Support by supervisors for unacceptable job performance or as a result of disciplinary action. Mandatory Debriefing Incidents: Employees are required to participate in critical incident debriefings under the following circumstances: (a) When an employee witnesses a death or imminent death to another employee. (b) When a death or imminent death occurs to a citizen or an employee, as a result of that employee’s action. (c) When an employee is him/herself seriously injured, and a debriefing is logistically possible. (d) When an incident such as a disaster occurs, or there are other special circumstances where the Chief agrees that a debriefing would be in the best interest of the employee and the Department. 1060.4.3 CONFIDENTIALITY Confidentiality: Peer Support members shall maintain the confidentiality entrusted to them, and will not discuss any information obtained while providing peer support. It is understood, however, that by law, no confidential or privileged communication exists between a Peer Support member and an employee. Situations that cannot be maintained confidential are: (a) When information received by the employee reveals that a criminal act has occurred, including but not limited to suspected child abuse, elder abuse, domestic violence, and narcotic offenses. (b) When the Peer Support member is involved as a participant or witness. (c) When there is reason to believe that an employee intends to injure him/herself or another person. In case if a threatened serious injury, a reasonable attempt shall be made to warn the intended victim(s). (d) When, due to substance abuse, the employee is a danger to self, citizens, or fellow employees. Clergy, Licensed Peer Support Professionals, and Medical Doctors are able to maintain confidential communications as allowed by law. The Peer Support member will not be ordered to give information to the Department concerning the content of peer support sessions for administrative purposes, except as listed above. Supervisory officers who are Peer Support members cannot abdicate their supervisory responsibilities when on-duty confronted by misconduct, disciplinary problems, or other improper actions on the part of the employee. If a Peer Support member feels that immediate specialized assistance is necessary for an employee or a question regarding confidentiality arises, they may contact the Peer Support Supervisor, Peer Support Clergy member, or other professional referral for assistance. Palo Alto Police Department Policy Manual Peer Support Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Peer Support - 736 1060.5 POLICY ISSUE DATE Updated: 12-19-16 Palo Alto Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Index - 737 INDEX / TOPICS .................. 470 A ACCOUNTABILITY TO SUPERVISOR .. 17 ADMINISTRATIVE INVESTIGATION ... 86 ADMINISTRATIVE INVESTIGATIONS Vehicle damage........... 501 ADMINISTRATIVE LEAVE ....... 643 ADULT ABUSE ............ 159 Investigations............ 459 Sexual assault............ 464 AIRCRAFT .............. 362 Accidents............. 362 ALCOHOL Vehicle use............. 498 ALCOHOL .............. 626 ALCOHOL AND DRUGS ........ 90 ALCOHOL USE ............ 626 ALCOHOL, INTOXICANTS ....... 203 AMMUNITION Gun violence restraining order surrenders. 296 AMMUNITION ............ 89 ANIMALS Canines.............. 125 ANIMALS Euthanize.............. 99 Injured............... 99 ANTI-REPRODUCTIVE RIGHTS CRIMES . 248 APPOINTMENTS Canine coordinator.......... 125 ARREST OF PUBLIC SCHOOL TEACHER . 264 ARRESTS Authority.............. 8 Consular notifications......... 568 Seat belts............. 650 ASSET FORFEITURE Fiscal Agent............ 470 Forfeiture reviewer.......... 473 AUDIO RECORDERS ......... 395 AUDIO/VIDEO RECORDING Custodial interrogation........ 460 AUDIO/VIDEO RECORDING, HOLDING CELLS INSPECTIONS, Holding cells..... 573 AUTHORITY .............. 8 Canine handler ......... 126, 127 AUTHORITY, ETHICS ......... 200 AUTOMATED LICENSE PLATE READERS (ALPR) ............... 415 AUXILIARY RESTRAINTS ....... 69 B BADGE Mourning Badge........... 704 BIOLOGICAL SAMPLES Hazards ........... 366, 731 Missing persons........... 181 BIOLOGICAL SAMPLES ........ 266 BODY ARMOR ............ 652 BOMBS Aircraft accidents.......... 366 Canine detection........... 129 Chaplains............. 272 Explosive training aids........ 132 MDT/MDC............. 394 BRADY MATERIAL .......... 486 BREATH TEST ............ 445 BUCCAL SWABS ........... 266 C CANINES .............. 125 Pursuits.............. 408 CASH, CUSTODY Phone Calls .......... 573, 573 CHAPLAINS ............. 269 CHIEF EXECUTIVE .......... 10 CHILD Sexual assault............ 464 CHILD ABUSE ............ 174 CHILDREN Transporting............ 650 CITATIONS ............. 424 CIVIL Subpoenas............. 223 CODE-3 ............... 116 COMMAND PROTOCOL ........ 16 COMMUNICABLE DISEASES Illness and injury prevention...... 727 COMMUNICATION OPERATIONS .... 514 COMMUNICATIONS CENTER Foot pursuits............ 411 COMMUNICATIONS WITH HEARING IMPAIRED OR DISABLED ....... 256 COMPUTER USE ........... 210 COMPUTERS Digital evidence........... 458 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department - 738 CONDUCT .............. 199 Standards of conduct......... 202 CONFIDENTIALITY ALPR............... 416 Custodial telephone calls....... 570 Radio broadcasts.......... 393 CONTROL DEVICES Training.............. 351 CONTROL DEVICES .......... 71 CONTROL DEVICES .......... 71 CONTROL DEVICES, CUSTODY FIREARMS, Custody......... 571 CORRESPONDENCE .......... 38 COURT APPEARANCES ........ 222 COURT ORDERS Canine controlled substance...... 134 Gun violence restraining order surrenders. 296 Subpoenas............. 222 CRIME ANALYSIS .......... 512 CRIME SCENE ............ 304 CRIMINAL OFFENDER RECORD INFORMATION ............ 546 CRISIS NEGOTIATION TEAM ..... 309 CRISIS RESPONSE UNIT ........ 309 CUSTODIAL INTERROGATIONS .... 459 CUSTODIAL SEARCHES ........ 576 D DAMAGE BY CITY PERSONNEL .... 215 DEADLY FORCE REVIEW ....... 64 DEATH Chaplains............. 271 Native American Graves (NAGPRA)... 292 DEATH INVESTIGATION ....... 240 DEATH NOTIFICATION ........ 242 DEATH, CUSTODY – ADULTS NOTIFICATIONS, Custody suicide attempt, death or serious injury........ 574 DEPARTMENT OWNED PROPERTY ... 489 DEPARTMENT PROPERTY Loss Or Damage........... 490 DIGITAL RECORDERS ........ 395 DISABLED Motorist.............. 454 DISASTER SCENE .......... 304 DISCIPLINE ............. 200 DISCLAIMER OF POLICIES ....... 12 DISCLOSING INFORMATION ..... 723 DISCRIMINATION, CONDUCT ..... 204 DIVISION ............... 16 DNA SAMPLES ............ 266 DOMESTIC VIOLENCE Reporting of Employee Convictions... 623 DRIVING MDT/MDC............. 392 DRIVING TACTICS .......... 107 DRIVING, SAFETY SAFETY, CONDUCT FIREARMS, CONDUCT ........ 203 DRUG USE .............. 626 DUI ENFORCEMENT ......... 444 E ELECTRICAL LINES ......... 356 ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY DEVICE ........ 77 ELECTRONIC CIGARETTES ...... 642 ELECTRONIC MAIL .......... 32 EMERGENCY UTILITY ........ 356 EMPLOYEE COMMENDATIONS .... 663 EVALUATION ............ 599 EVIDENCE Digital............... 458 NAGPRA............. 292 Public Safety Video Surveillance.... 276 EVIDENCE, BOMBS .......... 335 EXPLOSIONS ............ 334 EXPOSURE CONTROL Reviews.............. 727 EXPOSURE(S) ............ 324 F FIELD DETAINEES .......... 371 FIELD INTERVIEW .......... 371 FIELD PHOTOGRAPHS ........ 371 FIELD SOBRIETY TESTS ....... 444 FIELD TRAINING OFFICER ...... 367 FIREARM SERIAL NUMBERS ..... 537 FIREARMS Destruction of animals........ 563 Removal for vehicle maintenance.... 494 Retiree............... 49 FIREARMS .............. 92 Storage of.............. 92 FITNESS FOR DUTY ......... 667 FORCE ................ 55 FOREIGN Nationals.............. 568 FOREIGN DIPLOMATIC AND CONSULAR REPRESENTIVES ........... 345 FORMS Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department - 739 Missing person medical release..... 181 Missing person school notification.... 181 Missing persons........... 181 G GANGS, EMPLOYEE AFFILIATION ... 204 GRIEVANCE PROCEDURE ....... 617 GROOMING STANDARDS ....... 700 GUN VIOLENCE RESTRAINING ORDERS 294 H HANDCUFFING ............ 68 HAZARDOUS MATERIAL ....... 324 HAZARDOUS MATERIAL (HAZMAT) RESPONSE Aircraft accidents.......... 366 HAZARDS .............. 729 HEARING IMPAIRED ......... 256 HELICOPTER ASSISTANCE ...... 370 HIGH-VISIBILITY VESTS ....... 424 I ILLNESS AND INJURY PREVENTION .. 727 INITIATE A PURSUIT ......... 104 INSPECTIONS Illness and injury prevention ... 727, 730 Personal protective equipment..... 730 Vehicles ........... 496, 730 INTERIM DIRECTIVE ......... 19 INTERNAL AFFAIRS Personnel records.......... 655 INTERNET ACTIVITY ......... 723 INTERNET USE ........... 211 INVESTIGATION AND PROSECUTION . 458 J JAIL SEARCHES ........... 567 JURISDICTION Aircraft accidents.......... 365 Authority.............. 8 Consular notifications......... 568 JURISDICTIONS Vehicle pursuits........... 110 JUVENILES Citations.............. 343 K KEYS Vehicle.............. 497 KINETIC PROJECTILES ......... 74 L LAW ENFORCEMENT AUTHORITY .... 8 LEG IRONS .............. 69 LEG RESTRAINT ........... 67 LEG RESTRAINTS ........... 69 LIMITED ENGLISH PROFICIENCY ... 250 M MANUALS .............. 20 MDT/MDC Use................ 497 Vehicles.............. 497 MEAL PERIODS AND BREAKS ..... 671 MEDIA Aircraft accidents.......... 366 MEDIA REQUEST ........... 217 MEDICAL Adult involuntary detention...... 164 Aircraft accidents.......... 364 Canine bites............ 128 Examinations – Adult abuse...... 164 For canines............. 131 Illness and injury prevention...... 727 MEDICAL, SCREENING – CUSTODY ADULTS ................... 570 MISSING PERSONS .......... 181 MOBILE DIGITAL TERMINAL USE ... 392 MODIFIED-DUTY ASSIGNMENTS Pregnancy............. 721 MUTUAL AID Interstate peace officer powers...... 8 N NATIVE AMERICAN GRAVES (NAGPRA) 292 NEWS MEDIA RELATIONS ...... 217 NONSWORN Vehicles.............. 498 NOTIFICATION Consular.............. 568 NOTIFICATIONS