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HomeMy Public PortalAbout20200622plCC8701-32 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 8 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 Technical Services Division Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Technical Services Division - 536 806.7 CONFIDENTIALITY Technical Services Division staff has access to information that may be confidential or sensitive in nature. Technical Services Division staff shall not access, view, or distribute, or allow anyone else to access, view, or distribute any record, file, or report, whether in hard copy or electronic file format, or any other confidential, protected, or sensitive information except in accordance with the Records Maintenance and Release and Protected Information policies and the Technical Services Division procedure manual. 806.8 ARREST WITHOUT FILING OF ACCUSATORY PLEADING The Field Services Division Captain should ensure a process is in place for when an individual is arrested and released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5; Penal Code § 851.6): (a)The individual is issued a certificate describing the action as a detention. (b)All references to an arrest are deleted from the arrest records of the [Department/ Office] and the record reflects only a detention. (c)The California DOJ is notified. Policy 808 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Restoration of Firearm Serial Numbers - 537 Restoration of Firearm Serial Numbers 808.1 PURPOSE AND SCOPE The primary purpose for restoring firearm serial numbers is to determine the prior owners or origin of the item from which the number has been recovered. Thus, property can be returned to rightful owners or investigations can be initiated to curb illegal trade of contraband firearms. The purpose of this plan is to develop standards, methodologies, and safety protocols for the recovery of obliterated serial numbers from firearms and other objects using procedures that are accepted as industry standards in the forensic community. All personnel who are involved in the restoration of serial numbers will observe the following guidelines. This policy complies with Penal Code § 11108.9. 808.2 PROCEDURE Any firearm coming into the possession of the Palo Alto Police Department as evidence, found property, etc., where the serial numbers have been removed or obliterated will be processed in the following manner: 808.2.1 PRELIMINARY FIREARM EXAMINATION (a)Always keep the muzzle pointed in a safe direction. Be sure the firearm is in an unloaded condition. This includes removal of the ammunition source (e.g., the detachable magazine, contents of the tubular magazine) as well as the chamber contents. (b)If the firearm is corroded shut or in a condition that would preclude inspection of the chamber contents, treat the firearm as if it is loaded. Make immediate arrangements for a firearms examiner or other qualified examiner to render the firearm safe. (c)Accurately record/document the condition of the gun when received. Note the positions of the various components such as the safeties, cylinder, magazine, slide, hammer, etc. Accurately record/document cylinder chamber and magazine contents. Package the ammunition separately. (d)If the firearm is to be processed for fingerprints or trace evidence, process before the serial number restoration is attempted. First record/document important aspects such as halos on the revolver cylinder face or other relevant evidence that might be obscured by the fingerprinting chemicals. 808.2.2 PROPERTY BOOKING PROCEDURE Any employee taking possession of a firearm with removed/obliterated serial numbers shall book the firearm into property following standard procedures. The employee booking the firearm shall indicate on the property form that serial numbers have been removed or obliterated. Palo Alto Police Department Policy Manual Restoration of Firearm Serial Numbers Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Restoration of Firearm Serial Numbers - 538 808.2.3 OFFICER RESPONSIBILITY The property and evidence technician receiving a firearm when the serial numbers have been removed or obliterated shall arrange for the firearm to be transported to the crime lab for restoration and maintain the chain of evidence. 808.2.4 DOCUMENTATION Case reports are prepared in order to document the chain of custody and the initial examination and handling of evidence from the time it is received/collected until it is released. This report must include a record of the manner in which and/or from whom the firearm was received. This may appear on the request form or property form depending on the type of evidence. 808.2.5 FIREARM TRACE After the serial number has been restored (or partially restored) by the criminalistics laboratory, the property and evidence technician will complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Tracing Center (NTC) Obliterated Serial Number Trace Request Form (ATF 3312.1-OBL) and forward the form to the NTC in Falling Waters, West Virginia or enter the data into the ATF eTrace system. 808.3 BULLET AND CASING IDENTIFICATION Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria and protocol, may be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Integrated Ballistic Information Network (NIBIN) which uses the Integrated Ballistic Identification System (IBIS) technology to search the national database and compare with ballistic evidence recovered from other crime scenes. Policy 810 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 539 Records Maintenance and Release 810.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of [department/office] records. Protected information is separately covered in the Protected Information Policy. 810.2 POLICY The Palo Alto Police Department is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 6250 et seq.). 810.3 CUSTODIAN OF RECORDS RESPONSIBILITIES The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include, but are not limited to: (a)Managing the records management system for the [Department/Office], including the retention, archiving, release and destruction of [department/office] public records. (b)Maintaining and updating the [department/office] records retention schedule including: 1.Identifying the minimum length of time the [Department/Office] must keep records. 2.Identifying the [department/office] division responsible for the original record. (c)Establishing rules regarding the inspection and copying of [department/office] public records as reasonably necessary for the protection of such records. (d)Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying. (e)Establishing rules regarding the processing of subpoenas for the production of records. (f)Ensuring a current schedule of fees for public records as allowed by law is available (Government Code § 6253). (g)Determining how the [department/office]'s website may be used to post public records in accordance with Government Code § 6253. (h)Ensuring that public records posted on the [Department/Office] website meet the requirements of Government Code § 6253.10 including, but not limited to, posting in an open format where a record may be retrieved, downloaded, indexed and searched by a commonly used Internet search application. (i)Ensuring that a list and description, when applicable, of enterprise systems (as defined by Government Code § 6270.5) is publicly available upon request and posted in a prominent location on the [Department/Office]’s website. Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 540 810.4 PROCESSING REQUESTS FOR PUBLIC RECORDS Any [department/office] member who receives a request for any record shall route the request to the Custodian of Records or the authorized designee. 810.4.1 REQUESTS FOR RECORDS Any member of the public, including the media and elected officials, may access unrestricted records of this [department/office], during regular business hours by submitting a written and signed request that reasonably describes each record sought and paying any associated fees (Government Code § 6253). The processing of requests for any record is subject to the following (Government Code § 6253): (a)The [Department/Office] is not required to create records that do not exist. (b)Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain [department/office] records or information. If identification is required, a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 6254.30). (c)Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the [Department/Office] shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response. 1.When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 6253.1). 2.If the record requested is available on the [department/office] website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided. (d)Upon request, a record shall be provided in an electronic format utilized by the [Department/Office]. Records shall not be provided only in electronic format unless specifically requested (Government Code § 6253.9). (e)When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released. 1.A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 541 redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the [department/office]-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions. (f)If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure (Government Code § 6255). The written response shall also include the names, titles or positions of each person responsible for the denial. 810.5 RELEASE RESTRICTIONS Examples of release restrictions include: (a)Personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address and telephone number; and medical or disability information that is contained in any driver license record, motor vehicle record or any [department/office] record, including traffic collision reports, are restricted except as authorized by the [Department/Office], and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722). (b)Social Security numbers (Government Code § 6254.29). (c)Personnel records, medical records and similar records which would involve an unwarranted invasion of personal privacy (Government Code § 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.). 1.Peace officer personnel records are deemed confidential and shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order. 2.The identity of any officer subject to any criminal or administrative investigation shall not be released without the consent of the involved officer, prior approval of the Chief of Police or as required by law. (d)Victim information that may be protected by statutes, including victims of certain crimes who have requested that their identifying information be kept confidential, victims who are minors and victims of certain offenses (e.g., sex crimes or human trafficking, Penal Code § 293). Addresses and telephone numbers of a victim or a witness to any arrested person or to any person who may be a defendant in a criminal action shall not be disclosed, unless it is required by law (Government Code § 6254; Penal Code § 841.5). 1.Victims of certain offenses (e.g., domestic violence, sexual assault, stalking, human trafficking, adult abuse) or their representative shall be provided, upon request and without charge, one copy of all incident report face sheets, one copy of all incident reports, or both, pursuant to the requirements and time frames of Family Code § 6228. Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 542 2.Victims of sexual assault, upon written request, shall be provided a free copy of the initial crime report regardless of whether the report has been closed. Personal identifying information may be redacted (Penal Code § 680.2(b). (e)Video or audio recordings created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence or child abuse that depicts the face, intimate body part or voice of a victim of the incident except as provided by Government Code § 6254.4.5. (f)Information involving confidential informants, intelligence information, information that would endanger the safety of any person involved or information that would endanger the successful completion of the investigation or a related investigation. This includes analysis and conclusions of investigating officers (Evidence Code § 1041; Government Code § 6254). 1.Absent a statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Government Code § 6254(f). (g)Local criminal history information including, but not limited to, arrest history and disposition, and fingerprints shall only be subject to release to those agencies and individuals set forth in Penal Code § 13300. 1.All requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, City Attorney or the courts pursuant to Penal Code § 1054.5. (h)Certain types of reports involving, but not limited to, child abuse and molestation (Penal Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633) and juveniles (Welfare and Institutions Code § 827). (i)Sealed autopsy and private medical information concerning a murdered child with the exceptions that allow dissemination of those reports to law enforcement agents, prosecutors, defendants or civil litigants under state and federal discovery laws (Code of Civil Procedure §130). (j)Information contained in applications for licenses to carry firearms or other files that indicates when or where the applicant is vulnerable or which contains medical or psychological information (Government Code § 6254). (k)Traffic collision reports (and related supplemental reports) shall be considered confidential and subject to release only to the California Highway Patrol, Department of Motor Vehicles (DMV), other law enforcement agencies and those individuals and their authorized representatives set forth in Vehicle Code § 20012. (l)Any record created exclusively in anticipation of potential litigation involving this [department/office] (Government Code § 6254). (m)Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 6254.25). (n)Records relating to the security of the [department/office]’s electronic technology systems (Government Code § 6254.19). Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 543 (o)Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including, but not limited to, provisions of the Evidence Code relating to privilege (Government Code § 6254). (p)Information connected with juvenile court proceedings or the detention or custody of a juvenile. Federal officials may be required to obtain a court order to obtain certain juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions Code § 831). 810.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the District Attorney, City Attorney or the courts. All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the [Department/Office] so that a timely response can be prepared. 810.7 RELEASED RECORDS TO BE MARKED Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the [department/office] name and to whom the record was released. Each audio/video recording released should include the [department/office] name and to whom the record was released. 810.8 SEALED RECORD ORDERS Sealed record orders received by the [Department/Office] shall be reviewed for appropriate action by the Custodian of Records. The Custodian of Records shall seal such records as ordered by the court. Records may include, but are not limited to, a record of arrest, investigation, detention or conviction. Once the record is sealed, members shall respond to any inquiry as though the record did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781). When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal Code § 951.91, Penal Code § 1000.4 or Penal Code § 1001.9, the Records Manager shall ensure that the required notations on local summary criminal history information and police investigative reports are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92. Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 544 810.9 SECURITY BREACHES The Records Manager shall ensure notice is given anytime there is a reasonable belief an unauthorized person has acquired either unencrypted personal identifying information or encrypted personal information along with the encryption key or security credential stored in any [Department/Office] information system (Civil Code § 1798.29). Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the [Department/Office] determines that notification will impede a criminal investigation or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. For the purposes of this requirement, personal identifying information includes an individual’s first name or first initial and last name in combination with any one or more of the following: •Social Security number •Driver license number or California identification card number •Account number or credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual’s financial account •Medical information •Health insurance information •A username or email address, in combination with a password or security question and answer that permits access to an online account •Information or data collected by Automated License Plate Reader (ALPR) technology 810.9.1 FORM OF NOTICE (a)The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following: 1.The date of the notice. 2.Name and contact information for the Palo Alto Police Department. 3.A list of the types of personal information that were or are reasonably believed to have been acquired. 4.The estimated date or date range within which the security breach occurred. 5.Whether the notification was delayed as a result of a law enforcement investigation. 6.A general description of the security breach. 7.The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number. Palo Alto Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Records Maintenance and Release - 545 (b)The notice may also include information about what the Palo Alto Police Department has done to protect individuals whose information has been breached and may include information on steps that the person whose information has been breached may take to protect him/herself (Civil Code § 1798.29). (c)When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit access to an online account, and no other personal information has been breached (Civil Code § 1798.29): 1.Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the [Department/Office] in addition to any other online accounts for which the person uses the same username or email address and password or security question and answer. 2.When the breach involves an email address that was furnished by the Palo Alto Police Department, notification of the breach should not be sent to that email address but should instead be made by another appropriate medium as prescribed by Civil Code § 1798.29. 810.9.2 MANNER OF NOTICE (a)Notice may be provided by one of the following methods (Civil Code § 1798.29): 1.Written notice. 2.Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001. 3.Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the [Department/Office] does not have sufficient contact information. Substitute notice shall consist of all of the following: (a)Email notice when the [Department/Office] has an email address for the subject person. (b)Conspicuous posting of the notice on the [department/office]’s webpage for a minimum of 30 days. 4.Notification to major statewide media and the California Information Security Office within the California Department of Technology. (b)If a single breach requires the [Department/Office] to notify more than 500 California residents, the [Department/Office] shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General. 810.10 POLICY ISSUE DATE Updated: 7-20-17 Policy 812 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Protected Information - 546 Protected Information 812.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Palo Alto Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Maintenance and Release Policy. 812.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Palo Alto Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 812.2 POLICY Members of the Palo Alto Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 812.3 RESPONSIBILITIES The Chief of Police shall select a member of the Department to coordinate the use of protected information. The responsibilities of this position include, but are not limited to: (a)Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS),Department of Motor Vehicle (DMV) records and California Law Enforcement Telecommunications System (CLETS). (b)Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice’s current Criminal Justice Information Services (CJIS) Security Policy. (c)Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. (d)Developing procedures to ensure training and certification requirements are met. (e)Resolving specific questions that arise regarding authorized recipients of protected information. Palo Alto Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Protected Information - 547 (f)Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. 812.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Palo Alto Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access. Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. 812.4.1 PENALTIES FOR MISUSE OF RECORDS It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history information without authorization by law (Penal Code § 11143). Authorized persons or agencies violating state regulations regarding the security of Criminal Offender Record Information (CORI) maintained by the California Department of Justice may lose direct access to CORI (11 CCR 702). 812.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know. A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Custodian of Records for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Technical Services Division to ensure proper documentation of the release (see the Records Maintenance and Release Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of officers, other department members or the public is at risk. Nothing in this policy is intended to prohibit broadcasting warrant information. Palo Alto Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Protected Information - 548 812.5.1 REVIEW OF CRIMINAL OFFENDER RECORD Individuals requesting to review their own California criminal history information shall be referred to the Department of Justice (Penal Code § 11121). Individuals shall be allowed to review their arrest or conviction record on file with the Department after complying with all legal requirements regarding authority and procedures in Penal Code § 11120 through Penal Code § 11127 (Penal Code § 13321). 812.6 SECURITY OF PROTECTED INFORMATION The Chief of Police will select a member of the Department to oversee the security of protected information. The responsibilities of this position include, but are not limited to: (a)Developing and maintaining security practices, procedures and training. (b)Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c)Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks. (d)Tracking, documenting and reporting all breach of security incidents to the Chief of Police and appropriate authorities. 812.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal). 812.7 TRAINING All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. 812.8 POLICY ISSUE DATE Issued 3-23-17 Policy 820 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 553 Animal Control 820.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals. 820.2 [ANIMAL CONTROL] RESPONSIBILITIES Animal control services are generally the primary responsibility of [Animal Control] and include: (a)Animal-related matters during periods when [Animal Control] is available. (b)Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that [Animal Control] is available for investigation and resolution. (c)Follow-up on animal-related calls, such as locating owners of injured animals. 820.3 MEMBER RESPONSIBILITIES Members who respond to or assist with animal-related calls for service should evaluate the situation to determine the appropriate actions to control the situation. Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture or pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance. Members may consider acting before the arrival of such assistance when: (a)There is a threat to public safety. (b)An animal has bitten someone. Members should take measures to confine the animal and prevent further injury. (c)An animal is creating a traffic hazard. (d)An animal is seriously injured. (e)The owner/handler of an animal has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal. 1.This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal. 2.With the owner’s consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal. 3.If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 554 820.3.1 BARKING DOGS Barking dog means a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a period of ten minutes within a fifteen-minute period to the disturbance of any other person. Pursuant to Municipal Code § 6.20.140 "Barking dogs", "It is unlawful for any person to keep, maintain or permit in or upon any premises within the City any barking dog that is under the control of that person." During the hours of 0800 to 1700, Monday-Sunday, these calls should be referred to the on-duty Animal Control Officer (ACO) through the Communications Center. If an ACO needs assistance during the investigation, they should request police back-up through the Communications Center. During all other hours, calls should be referred to a police officer through the Communications Center. After investigating the complaint, if it meets the criteria for "Barking dog", the officer may issue an "Administrative Warning" (for the first offense) or an "Administrative Citation" (for subsequent offenses). The citing officer should hear the dog barking for a period of ten minutes within a fifteen-minute period to the disturbance of any other person. If during the investigation it is found that the dog is in distress, an ACO should be asked to respond to the address and assist the police officer with further investigation. Off-hours the on-call ACO should be called through the Communications Center. The ACO or police officer should fill out an Animal Incident Reporting Form and the Case Number should be assigned by Communications/Dispatch Center and indicated on the form. It is critical to have complete and accurate information on the form. 820.3.2 LEASH LAW VIOLATIONS Leash law requirements include investigations based on response to citizen complaints or while performing regular patrol and seeing a dog off leash. Pursuant to Municipal Code § 6.16.100- Leash required, "No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person." During the hours of 0800 to 1700, Monday-Sunday, these calls should be referred to the on- duty ACO through the Communications Center. Requirements for dogs being on leash are also enforced by ACOs or police officers while doing regular patrol within the City. The first leash law violation may result in either a verbal or Administrative warning. All subsequent leash law violations may result in an Administrative citation being issued. The ACO or police officer should fill out an Animal Incident Reporting Form, and the Case Number should be issued by the Communications Center and indicated on the form. It is critical to have complete and accurate information on the form. 820.4 DECEASED ANIMALS When a member becomes aware of a deceased animal, all reasonable attempts should be made to preliminarily determine if the death of the animal is related to criminal activity. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 555 Deceased animals on public property should be removed, sealed in a plastic bag, and properly disposed of by the responding member. Members should not climb onto or under any privately owned structure for the purpose of removing a deceased animal. When handling deceased animals, members should attempt to identify and notify the owner of the final disposition of the animal. 820.5 INJURED ANIMALS When a member becomes aware of an injured domesticated animal, all reasonable attempts should be made to contact an owner or responsible handler. If an owner or responsible handler cannot be located, the animal should be taken to a veterinarian and notice shall be given to the owner pursuant to the requirements of Penal Code § 597.1. 820.5.1 PERMITTING ANIMAL TO GO WITHOUT ADEQUATE CARE: SEIZURE HEARINGS Police shall investigate reported complaints of animals not being provided adequate care, and should consult with Animals Services for assistance in determining the validity of the complaint. Those complaints relating to inadequate veterinary care should be referred to the City Veterinarian for assessment. If after investigation an officer has reasonable grounds to feel that prompt action is required to protect the health or safety of the animal, or the health and safety of others, the officer shall immediately seize the animal and comply the following: (a)Penal Code § 597.1(f) states "Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a post-seizure hearing to determine the validity of the seizure or impoundment, or both. (b)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. (c)A statement that, in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice with 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail. (d)A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 556 owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. (e)The post-seizure hearing shall be conducted with 48 hours of the request, excluding weekends and holidays. The seizing agency may authorizes its own officer or employee to conduct the hearing, if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section. (f)Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure of impoundment of the animal." If an animal is seized and impounded after determining that it is in need of protection or veterinary care, the ACO will transport it to the Animal Shelter or veterinarian. All animals seized or impounded are identified by a specific "animal number" and monitored through the Animal Services database. 820.5.2 VETERINARY CARE The injured animal should be taken to a veterinarian as follows: (a)During normal business hours, the animal should be taken to an authorized veterinary care clinic. (b)If after normal business hours, the animal should be taken to the authorized Veterinary Emergency and Critical Care Services Clinic. (c)An exception to the above exists when the animal is an immediate danger to the community or the owner of the animal is identified and takes responsibility for the injured animal. Each incident shall be documented and, at minimum, include the name of the reporting party and veterinary hospital and/or person to whom the animal is released. If [Animal Control] is not available, the information will be forwarded for follow-up. 820.5.3 INJURED WILDLIFE Injured wildlife should be referred to the Department of Fish and Wildlife or the Marine Mammal Center as applicable. 820.5.4 RESCUE OF ANIMALS IN VEHICLES If an animal left unattended in a vehicle appears to be in distress, members may enter the vehicle for the purpose of rescuing the animal. Members should (Penal Code § 597.7(d)): (a)Make a reasonable effort to locate the owner before entering the vehicle. (b)Take steps to minimize damage to the vehicle. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 557 (c)Refrain from searching the vehicle or seizing items except as otherwise permitted by law. (d)Leave notice on or in the vehicle identifying the location where the animal has been taken and the name and [Department/Office] of the member involved in the rescue. (e)Make reasonable efforts to contact the owner or secure the vehicle before leaving the scene. (f)Take the animal to an animal care facility, a place of safekeeping or, if necessary, a veterinary hospital for treatment. 820.6 AGGRESSIVE OR DANGEROUS ANIMALS 820.6.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines and procedures for responding to aggressive/ vicious behavior by domestic animals to both humans and other animals. This type of reported behavior is a priority call for Animal Control Officers (ACO's) and Police. 820.6.2 DEFINITION Animals who display aggressive or vicious behavior may be referred to as a "Dangerous Animal". Dependent on the circumstances of the incident, it may include dogs chasing or harassing livestock. Dangerous Animal means any dog or other animal, which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal. 820.6.3 PROCEDURE Pursuant to Municipal Code § 6.28, all calls relating to aggressive/vicious behavior are to be considered priority calls. Animal Control Officers (ACO's) will respond to aggressive calls 24-hours per day 7-days per week. After 5:00 P.M., the on-call ACO will respond to these calls through the Communications Center. Police may be the first responder on these incidents and they should request an ACO through the Communications Center. If an ACO needs assistance during the investigation, they should request Police back-up through the Communications Center. The Animal Incident Reporting Form should be used to document "Aggressive/Vicious Behavior" investigations. Either the ACO or police officer should complete the form. The Case Number should be assigned by the Communications Center and indicated on the form. It is critical to have complete and accurate information on the form. The Description of the biting/aggressive animal is extremely important as well as licensing and/or rabies vaccination documentation. If a bite has occurred to a human, the "Bite and Quarantine Procedures" are in a separate section. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 558 If after investigating the circumstances of the aggressive/vicious behavior, it is found that an impound of the animal is required, a hearing regarding designation of "Dangerous Animal" will be held within ten (10) calendar days of the contact with the animal owner. Because of the restrictive time-line all reports are required in writing to PAAS Supervisor by the calendar day following the incident. Any injuries to other animals need to be documented. Photos by the Police or ACO are necessary regardless of whether it is involving a human or another animal. All photos should be handled as evidence. If the aggressive/vicious behavior results in the death of another animal, the City Veterinarian can perform a necropsy. The City Veterinarian should be contacted immediately so that appropriate handling of the body can be provided to the officer on scene. If at anytime there is need for clarification, contact either the PAAS Supervisor, Superintendent. For questions about medical issues, contact the City Veterinarian. 820.7 MOUNTAIN LIONS 820.7.1 PURPOSE AND SCOPE Because the City of Palo Alto is situated near undeveloped open space, officers may, on occasion, be called upon to handle situations dealing with mountain lions. This unique call for service may be in the form of answering general questions regarding mountain lions, or in response to an emergency, which will require an officer to take the appropriate action for the protection of life and property. All officers shall familiarize themselves with this policy and adhere to the following guidelines. 820.7.2 POLICY The Police Department and the Palo Alto Open Space Division are responsible for managing the presence of mountain lions within the City Limits. An expedient resolution to the presence of a mountain lion within a residential area may mitigate a potentially dangerous situation and thereby safeguard citizens and police personnel. The ultimate responsibility for public safety rests with the Police Department. The California Fish and Game Code §4800 states that a mountain lion is a specially protected mammal under the laws of the state. It is unlawful to take, injure, possess, transport, import, or sell any mountain lion unless it can be demonstrated that the taking or injuring of the mountain lion was in self-defense or in the defense of others. A member of the Department may remove or take any mountain lion that is perceived to be an imminent threat to public health or safety. The mere presence of a mountain lion in an area frequented by humans does not make the mountain lion an "immediate threat" according to this policy. 820.7.3 PROCEDURE The following are guidelines for Police Department personnel on managing and dealing with mountain lions found within the City of Palo Alto Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 559 (a)Evaluate the threat and provide for public safety considerations that includes: 1.Monitoring the actions of the animal; 2.Location of the animal; 3.The time of day of the incident; 4.Pedestrian traffic in the area; 5.Schools and children in the area; 6.The ability to safely and effectively evacuate/lock-down facilities; 7.Secure the area of the incident/encounter; 8.Notify the Supervisor, Watch Commander and the FSD Captain; 9.Notify the City's Open Space Division, Department of Fish and Game; and County Vector Control; 10.Notify residents/businesses and school officials of the potential danger. 820.7.4 SIGHTINGS It is recognized that the City of Palo Alto borders undeveloped areas where many species of wildlife exist. The mere sighting of a mountain lion is not necessarily a cause for concern or management action. Exceptions to this would be instances where the lion appears to be sick or injured, is in a residential neighborhood, or where the lion displays some abnormal behavior or condition. When a sighting occurs in designated wildlife areas such as the foothills or creek corridors, Palo Alto Communications will notify the on-call Open Space Naturalist. The Naturalist will document the sighting on an Animal Incident and Observation Form. If the sighting occurs on the east side of Junipero Serra Boulevard, the Naturalist will ask Communications to notify the on-duty Watch Commander via the computer with limited information being broadcasted over the Police radio. The Watch Commander will make a determination as to whether or not the animal is a threat to public safety based on the actions of the animal and the location of the incident. If the Open Space Naturalist determines that the sighting is a recurring event, they will provide educational material on the respective wildlife to the public. They will also notify the Department of Fish and Game, County Vector Control and the appropriate adjacent agencies of the recurring mountain lion sightings. 820.7.5 ENCOUNTERS OR INCIDENTS An encounter is an unexpected meeting between a human and a mountain lion. When an encounter occurs, Palo Alto Police Communications will immediately notify the Palo Alto Open Space Division and the Watch Commander. During an encounter, animals will either display acceptable or unacceptable behavior. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 560 820.7.6 ACCEPTABLE BEHAVIOR Acceptable behavior can be defined as any wildlife-human interaction where there is no unprovoked aggression from the animal toward the human. No immediate threats to humans exist. The lion is in, or is in close proximity to, uninhabited areas or regularly traveled corridors. All indications are that the lion will return to the wilderness area and will not compromise public safety. (a)ACCEPTABLE BEHAVIOR INCLUDES: 1.A lion that retreats at the sight of humans; 2.A lion that takes an aggressive posture followed by retreating or no further aggression; 3.A lion that stays put while humans show no aggression; 4.A lion that shows signs of curiosity while humans show no aggression. (b)ACCEPTABLE BEHAVIOR INVESTIGATION 1.The Palo Alto Police Department and Open Space Division will investigate the incident, obtain witness information, document the incident and evaluate any patterns. They will notify the Department of Fish & Game, if appropriate; 2.Close and secure the area until it can be safely re-opened; 3.Notify residents/businesses and school officials of the potential danger; 4.The Open Space Division will provide educational material on the respective wildlife to the public. 820.7.7 UNACCEPTABLE BEHAVIOR Unacceptable behavior is when a lion displays unprovoked aggression, repetitive acts of nuisance, or unacceptable levels of damage to personal property, including domesticated animals. or when athreat to human life has occurred or is imminent and the lion's immediate departure to an uninhabited area is unlikely without further human contact and therefore is a threat to public safety. (a)UNACCEPTABLE BEHAVIOR INCLUDES 1.A lion that displays unacceptable aggression; 2.A lion that exhibits forms of predatory behavior towards humans; 3.A lion that continues to disturb, raid, or investigate humans or areas of high usage; 4.A lion that displays a lack of fear of humans by aggressively approaching, or failing to retreat, when humans take aggressive actions; 5.A lion that stalks humans. (b)UNACCEPTABLE BEHAVIOR INVESTIGATION Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 561 1.Palo Alto Police Communications will immediately notify the Watch Commander and the City's Open Space Division via the computer with limited information broadcasted on the Police radio; 2.The Watch Commander will establish a command post to monitor the incident. Once again, Officers should constantly monitor the threat to public safety by evaluating the actions of the animal, location, time of day, the amount of pedestrians/traffic in the area as well as the ability to effectively evacuate and make notifications in a safe manner; 3.Establish a perimeter and deploy personnel to control the mobility of the animal; 4.Notify residents, businesses and schools in the area using the Alert SCC System and other approved systems; 5.Consider evacuations/lock-downs of public facilities including schools; 6.Consider air support to track the animal; 7.Notify County Vector Control and the Department of Fish and Game; 8.Assign a PIO and make press notifications and public service announcements; 9.Distribute fliers and educational materials if the animal is not contained. The Palo Alto Police Department should attempt to dispatch a mountain lion when it can be reasonably determined that the lion has been involved in an unprovoked aggression toward a human and/or is a threat to public safety. Ensuring a safe a proper backdrop is essential prior to attempting to destroy the animal by using a firearm. All attempts must be made to insure that the fired round does not inadvertently cause injury or unnecessary damage, should it pass through the animal or the target is missed. Favorable backdrops to consider include large trees or the ground. 820.7.8 ATTACK In the event of a mountain lion attack on a human, Palo Alto Police Communications will immediately notify the Watch Commander, the City's Open Space Division and dispatch units to the scene. Officers will treat the attack as a critical incident and activate the SEMS System. The Police Department will: (a)Attend to the medical needs of the victim; (b)Secure the area; (c)Notify the Department of Fish and Game and County Vector Control. The Fish and Game will send their Evidence Team Technicians to assist with processing the scene; (d)Coordinate with the Fish and Game for the proper disposition of the animal; (e)Work with the Fish and Game to collect evidence and process the scene. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 562 820.7.9 RESOURCES AND CONTACTS •Department of Fish and Game Monterey Dispatch 831-649-2810 Non-public number 831-649-2817 •Santa Clara County Vector Control Noor Tietze (408) 918-3482 or (408) 210-5773 (cell) •Palo Alto Open Space Naturalist 650-329-2382 (Cellular) 650-400-1960 •Air Support San Jose PD 408-277-8990 CHP 707-551-4200 •East Bay Regional Parks 510-537-2286 820.8 POLICY It is the policy of the Palo Alto Police Department to be responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal-related problems, as outlined in this policy. 820.9 ANIMAL CRUELTY COMPLAINTS Laws relating to the cruelty to animals should be enforced, including but not limited to Penal Code § 597 et seq. (cruelty to animals, failure to care for animals). (a)An investigation should be conducted on all reports of animal cruelty. (b)Legal steps should be taken to protect an animal that is in need of immediate care or protection from acts of cruelty. 820.10 ANIMAL BITE REPORTS Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal. 820.11 STRAY DOGS If a stray dog has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the dog should be released to the owner and a citation may be issued, if appropriate. If a dog is taken into custody, it shall be transported to the appropriate animal care facility. Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter). 820.12 DANGEROUS ANIMALS In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Watch Commander will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency. Palo Alto Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Animal Control - 563 820.13 PUBLIC NUISANCE CALLS RELATING TO ANIMALS Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality-of-life issues. 820.14 DESTRUCTION OF ANIMALS When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custody - 564 Chapter 9 - Custody Policy 900 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 565 Temporary Custody of Adults 900.1 PURPOSE AND SCOPE This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Palo Alto Police Department for processing prior to being released or transferred to a housing or other type of facility. Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy, 324. Juveniles will not be permitted where adults in custody are being held. Custodial searches are addressed in the Custodial Searches Policy, 902. 900.1.1 DEFINITIONS Definitions related to this policy include: Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure that prevents the occupants from being directly visually monitored at all times by a member of the Department. Safety checks - Direct, visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults in temporary custody. Temporary custody - The time period an adult is in custody at the Palo Alto Police Department prior to being released or transported to a housing or other type of facility. 900.2 GENERAL CRITERIA AND SUPERVISION No adult should be in temporary custody for longer than six hours. After this timeframe, a supervisor must review the situation to determine if continued custody is warranted. 900.2.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Palo Alto Police Department, but should be transported to a jail facility, a medical facility, or another type of facility as appropriate. These include: (a)Any individual who is unconscious or has been unconscious while being taken into custody or while being transported. (b)Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision, or medication while he/she is in temporary custody. (c)Any individual who is seriously injured. (d)Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy). 1.If the officer taking custody of an individual believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030). Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 566 (e)Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy. (f)Individuals who are under the influence of alcohol, a controlled substance, or any substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. (g)Any individual who has exhibited extremely violent or continuously violent behavior including behavior that results in the destruction of property or demonstrates an intent to cause physical harm to him/herself or others (15 CCR 1053; 15 CCR 1055). (h)Any individual who claims to have, is known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051). (i)Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to his/her health or safety. (j)Any individual who is obviously developmentally disabled (15 CCR 1057). (k)Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052). (l)Any individual who needs restraint beyond the use of handcuffs or shackles for security reasons (15 CCR 1058). (m)Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213). Officers taking custody of a person who exhibits any of the above conditions should notify a supervisor of the situation. These individuals should not be in temporary custody at the [Department/Office] unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances. 900.2.2 PRISONER SUPERVISION All prisoners, with the exception of intoxicated prisoners, should be visually checked no less than once every hour.Intoxicated persons should be checked at least once every half hour.This check will be conducted through direct visual observation without the aid of surveillance cameras. Refer to section on "Holding Cells" for applicable supervision requirements. The temporary holding facility is equipped with a panic button for use by personnel in case of an emergency.The temporary holding facility if constantly monitored in Communications via video camera.There is also a separate monitoring station in the Field Services Division report writing room. 900.2.3 ENTRY RESTRICTIONS Entry into any location where a person is held in custody should be restricted to: (a)Authorized members entering for official business purposes. (b)Emergency medical personnel when necessary. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 567 (c)Any other person authorized by the Watch Commander. When practicable, more than one authorized member should be present for entry into a location where a person is held in custody for security purposes and to witness interactions. 900.3 INITIATING TEMPORARY CUSTODY The officer responsible for an individual in temporary custody should evaluate the person for any apparent chronic illness, disability, vermin infestation, possible communicable disease or any other potential risk to the health or safety of the individual or others. The officer should specifically ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal intent. The receiving officer should ask the arresting officer if there is any statement, indication or evidence surrounding the individual's arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. If there is any suspicion that the individual may be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility. The officer should promptly notify the Watch Commander of any conditions that may warrant immediate medical attention or other appropriate action. The Watch Commander shall determine whether the individual will be placed in a cell, immediately released or transported to jail or other facility. 900.3.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall (15 CCR 1050): (a)Advise the Watch Commander of any significant risks presented by the individual (e.g., suicide risk, health risk, violence). (b)Evaluate the following issues against the stated risks in (a) to determine the need for placing the individual in a single cell: 1.Consider whether the individual may be at a high risk of being sexually abused based on all available known information (28 CFR 115.141), or whether the person is facing any other identified risk. 2.Provide any individual identified as being at a high risk for sexual or other victimization with heightened protection. This may include (28 CFR 115.113; 28 CFR 115.141): (a)Continuous, direct sight and sound supervision. (b)Single-cell placement in a cell that is actively monitored on video by a member who is available to immediately intervene. 3.Ensure individuals are separated according to severity of the crime (e.g., felony or misdemeanor). 4.Ensure males and females are separated by sight and sound when in cells. 5.Ensure restrained individuals are not placed in cells with unrestrained individuals. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 568 (c)Ensure that those confined under civil process or for civil causes are kept separate from those who are in temporary custody pending criminal charges. (d)Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual orientation. 900.3.2 CONSULAR NOTIFICATION Consular notification may be mandatory when certain foreign nationals are arrested. The Field Services Division Captain will ensure that the U.S. Department of State’s list of countries and jurisdictions that require mandatory notification is readily available to department members. There should also be a published list of foreign embassy and consulate telephone and fax numbers, as well as standardized notification forms that can be transmitted and then retained for documentation. Prominently displayed signs informing foreign nationals of their rights related to consular notification should also be posted in areas used for the temporary custody of adults. Department members assigned to process a foreign national shall: (a)Inform the individual, without delay, that he/she may have his/her consular officers notified of the arrest or detention and may communicate with them. 1.This notification should be documented. (b)Determine whether the foreign national’s country is on the U.S. Department of State’s mandatory notification list. 1.If the country is on the mandatory notification list, then: (a)Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone. (b)Tell the individual that this notification has been made and inform him/her without delay that he/she may communicate with consular officers. (c)Forward any communication from the individual to his/her consular officers without delay. (d)Document all notifications to the embassy or consulate and retain the faxed notification and any fax confirmation for the individual’s file. 2.If the country is not on the mandatory notification list and the individual requests that his/her consular officers be notified, then: (a)Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone. (b)Forward any communication from the individual to his/her consular officers without delay. 900.3.3 TEMPORARY HOLDING FACILITY SEARCHES Immediately upon securing weapons, officers bringing prisoners into the Temporary Holding Facility shall thoroughly search their prisoners. All arrestees brought into the Temporary Holding Facility must be searched by an officer or other authorized employee of the same gender whenever Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 569 possible before the officer relinquishes control. When a prisoner has been handcuffed, the prisoner should remain handcuffed until the search is substantially completed. In the case of female prisoners, all searches will be conducted by a female officer or designated female employee whenever possible, and male employees shall remain outside the closed door, but available to assist immediately if needed. Should a female prisoner become combative, an officer may be assigned to restrain her until the appropriate search is completed. Arrestee search procedures and policies are found in Policy Manual § 902. 900.4 SAFETY, HEALTH AND OTHER PROVISIONS 900.4.1 TEMPORARY CUSTODY LOGS Any time an individual is in temporary custody at the Palo Alto Police Department, the custody shall be promptly and properly documented in a custody log, including: (a)Identifying information about the individual, including his/her name. (b)Date and time of arrival at the [Department/Office]. (c)Any charges for which the individual is in temporary custody and any case number. (d)Time of all safety checks (15 CCR 1027; 15 CCR 1027.5). (e)Any medical and other screening requested and completed. (f)Any emergency situations or unusual incidents. (g)Any other information that may be required by other authorities, such as compliance inspectors. (h)Date and time of release from the Palo Alto Police Department. The Watch Commander should initial the log to approve the temporary custody and should also initial the log when the individual is released from custody or transferred to another facility. The Watch Commander should make periodic checks to ensure all log entries and safety and security checks are made on time. 900.4.2 TEMPORARY CUSTODY REQUIREMENTS Members monitoring or processing anyone in temporary custody shall ensure: (a)Safety checks and significant incidents/activities are noted on the log. (b)Individuals in custody are informed that they will be monitored at all times, except when using the toilet. 1.There shall be no viewing devices, such as peep holes or mirrors, of which the individual is not aware. 2.This does not apply to surreptitious and legally obtained recorded interrogations. (c)There is reasonable access to toilets and wash basins. (d)There is reasonable access to a drinking fountain or water. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 570 (e)There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained. (f)There is privacy during attorney visits. (g)Those in temporary custody are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. (h)Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape. (i)Adequate furnishings are available, including suitable chairs or benches. 900.4.3 MEDICAL CARE First-aid equipment and basic medical supplies should be available to department members (15 CCR 1220). At least one member who has current certification in basic first aid and CPR should be on-duty at all times. Should a person in custody be injured or become ill, appropriate medical assistance should be sought. A supervisor should meet with those providing medical aid at the facility to allow access to the person. Members shall comply with the opinion of medical personnel as to whether an individual in temporary custody should be transported to the hospital. If the person is transported while still in custody, he/she will be accompanied by an officer. Those who require medication while in temporary custody should not be at the Palo Alto Police Department. They should be released or transferred to another facility as appropriate. 900.4.4 ORTHOPEDIC OR PROSTHETIC APPLIANCE Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or prosthetic appliance. However, if the member supervising the individual has probable cause to believe the possession of the appliance presents a risk of bodily harm to any person or is a risk to the security of the facility, the appliance may be removed from the individual unless its removal would be injurious to his/her health or safety. Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be promptly apprised of the reason. It shall be promptly returned when it reasonably appears that any risk no longer exists (Penal Code § 2656; 15 CCR 1207). 900.4.5 TELEPHONE CALLS Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). Additional calls may be made as reasonable and necessary (15 CCR 1067). In providing further access to a telephone beyond that required by Penal Code § 851.5, legitimate law enforcement interests such as officer safety, effect on ongoing criminal investigations and logistics should be balanced against the individual’s desire for further telephone access. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 571 (a)Telephone calls may be limited to local calls, except that long-distance calls may be made by the individual at his/her own expense. 1.The [Department/Office] should pay the cost of any long-distance calls related to arranging for the care of a child or dependent adult (see the Child and Dependent Adult Safety Policy). 2.The provisions of Penal Code § 851.5 concerning this issue shall be posted in bold, block type in a conspicuous place within the facility. (b)The individual should be given sufficient time to contact whomever he/she desires and to make any necessary arrangements, including child or dependent adult care, or transportation upon release. 1.Telephone calls are not intended to be lengthy conversations. The member assigned to monitor or process the individual may use his/her judgment in determining the duration of the calls. 2.Within three hours of the arrest, the member supervising the individual should inquire whether the individual is a custodial parent with responsibility for a minor child, and notify the individual that he/she may make two additional telephone calls to a relative or other person for the purpose of arranging for the care of minor children (Penal Code § 851.5). (c)Calls between an individual in temporary custody and his/her attorney shall be deemed confidential and shall not be monitored, eavesdropped upon or recorded (Penal Code § 851.5(b)(1); 15 CCR 1068). 900.4.6 RELIGIOUS ACCOMMODATION Subject to available resources, safety and security, the religious beliefs and needs of all individuals in custody should be reasonably accommodated (15 CCR 1072). Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the request is the least restrictive means available to ensure security or safety. The responsible supervisor should be advised any time a request for religious accommodation is denied. Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances. Head coverings shall be searched before being worn. Individuals wearing headscarves or other approved coverings shall not be required to remove them while in the presence of or while visible to the opposite sex if they so desire. Religious garments that substantially cover the individual’s head and face may be temporarily removed during the taking of any photographs. 900.4.7 FIREARMS AND OTHER SECURITY MEASURES Firearms and other weapons and control devices shall not be permitted in secure areas where individuals are in custody or are processed. They should be properly secured outside of the secure area. An exception may occur only during emergencies, upon approval of a supervisor. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 572 All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning, when no individuals in custody are present or in the event of an emergency, such as an evacuation. 900.4.8 REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM In addition to a custody log entry, any incident that results in physical harm or serious threat of physical harm to a member, person in custody or any other person shall be documented as stated in the Use of Force or On-Duty Injuries policies, or other applicable reporting process. A copy of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable. The Watch Commander will retain a record of these reports for inspection purposes (15 CCR 1044). 900.4.9 ATTORNEYS AND BAIL BONDSMEN (a)An attorney may visit at the request of the individual in custody or a relative (Penal Code § 825). (b)Attorneys and bail bondsmen who need to interview an individual in custody should do so inside a secure interview room. (c)The individual in custody as well as the attorney or bail bondsman should be searched for weapons prior to being admitted to the interview room and at the conclusion of the interview. (d)Attorneys must produce a current California Bar card as well as other matching appropriate identification. (e)Interviews between attorneys and their clients shall not be monitored or recorded (15 CCR 1068). 900.4.10 DISCIPLINE Discipline will not be administered to any individual in custody at this facility. Any individual in custody who repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR 1081). 900.5 USE OF RESTRAINT DEVICES Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed when the person is in a cell. The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals in temporary custody at the Palo Alto Police Department unless the person presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy. Individuals in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 573 900.5.1 PREGNANT ADULTS Women who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy. 900.6 PERSONAL PROPERTY The personal property of an individual in temporary custody should be removed, inventoried and processed as provided in the Custodial Searches Policy, unless the individual requests a different disposition. For example, an individual may request property (i.e., cash, car or house keys, medications) be released to another person. A request for the release of property to another person must be made in writing. Release of the property requires the recipient’s signature on the appropriate form. Upon release of an individual from temporary custody, his/her items of personal property shall be compared with the inventory, and he/she shall sign a receipt for the property's return. If the individual is transferred to another facility or court, the member transporting the individual is required to obtain the receiving person’s signature as notice of receipt. The department shall maintain a copy of the property receipt. The Watch Commander shall be notified whenever an individual alleges that there is a shortage or discrepancy regarding his/her property. The Watch Commander shall attempt to prove or disprove the claim. 900.7 HOLDING CELLS A thorough inspection of a cell shall be conducted before placing an individual into the cell to ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection also should be conducted when he/she is released. Any damage noted to the cell should be photographed and documented. The following requirements shall apply: (a)The individual shall be searched (see the Custodial Searches Policy), and anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces and jackets, shall be removed. (b)The individual shall constantly be monitored by an audio/video system during the entire custody. (c)The individual shall have constant auditory access to department members. (d)The individual’s initial placement into and removal from a locked enclosure shall be logged. (e)Safety checks by department members shall occur no less than every 15 minutes. 1.Safety checks should be at varying times. 2.All safety checks shall be logged. 3.The safety check should involve questioning the individual as to his/her well- being. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 574 4.Individuals who are sleeping or apparently sleeping should be awakened. 5.Requests or concerns of the individual should be logged. 900.7.1 VERIFICATION OF PRISONER'S MONEY All money belonging to the prisoner and retained by the officer shall be counted in front of the prisoner. When possible, the prisoner should initial the dollar amount on the booking sheet. 900.8 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY The Field Services Division Captain will ensure procedures are in place to address any suicide attempt, death or serious injury of any individual in temporary custody at the Palo Alto Police Department. The procedures should include the following: (a)Immediate request for emergency medical assistance if appropriate. (b)Immediate notification of the Watch Commander, Chief of Police and Investigative Services Division Captain. (c)Notification of the spouse, next of kin or other appropriate person. (d)Notification of the appropriate prosecutor. (e)Notification of the City Attorney. (f)Notification of the [Medical Examiner/JOP]. (g)Evidence preservation. (h)In-custody death reviews (15 CCR 1046). (i)Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525). 900.9 RELEASE AND/OR TRANSFER When an individual is released or transferred from custody, the member releasing the individual should ensure the following: (a)All proper reports, forms and logs have been completed prior to release. (b)A check has been made to ensure that the individual is not reported as missing and does not have outstanding warrants. (c)It has been confirmed that the correct individual is being released or transported. (d)All property, except evidence, contraband or dangerous weapons, has been returned to, or sent with, the individual. (e)All pertinent documentation accompanies the individual being transported to another facility (e.g., copies of booking forms, medical records, an itemized list of his/her property, warrant copies). (f)The individual is not permitted in any nonpublic areas of the Palo Alto Police Department unless escorted by a member of the department. Palo Alto Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Adults - 575 (g)Any known threat or danger the individual may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation transported with the individual if he/she is being sent to another facility. 1.The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (h)Generally, persons of the opposite sex, or adults and juveniles, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating individuals is not practicable, officers should be alert to inappropriate physical or verbal contact and take appropriate action as necessary. (i)Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the person being transferred to assist with his/her personal needs as reasonable. 900.10 POLICY UPDATES Updated 10-4-18 Updated 5-3-17 Policy 902 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 576 Custodial Searches 902.1 PURPOSE AND SCOPE This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Palo Alto Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public. Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody. 902.1.1 DEFINITIONS Definitions related to this policy include: Custody search - An in-custody search of an individual and of his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband. Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an individual, and the vagina of a female person. Strip search - A search that requires an individual to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or outer genitalia. This includes monitoring an individual who is changing clothes, where his/her underclothing, buttocks, genitalia or female breasts are visible. 902.2 POLICY All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search. Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. Palo Alto Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 577 902.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Palo Alto Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search. Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility. 902.4.1 PROPERTY Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred. Some property may not be accepted by a facility or agency that is taking custody of an individual from this department, such as weapons or large items. These items should be retained for safekeeping in accordance with the Property and Evidence Policy. All property shall be inventoried by objective description (this does not include an estimated value). The individual from whom it was taken shall be required to sign the completed inventory. If the individual's signature cannot be obtained, the inventory shall be witnessed by another department member. The inventory should include the case number, date, time, member's Palo Alto Police Department identification number and information regarding how and when the property may be released. 902.4.2 VERIFICATION OF MONEY Whenever feasible, all money shall be counted in front of the individual from whom it was received, witnessed by another department employee. Money of all types submitted to the evidence room shall be packaged in heat sealed plastic bags and stored in the safe inside the property room. The money shall be counted by two police department employees prior to booking and a barcode label shall be placed on the heat sealed bag. Both employees should initial the heat seal. The property sheet should indicate the numbered denominations of each type of bill booked and the names of the two persons who counted the money. Negotiable checks and foreign currency should also be placed in a heat sealed plastic bag and totaled separately. Should any money be withdrawn or added prior to booking into the evidence room, the transaction should be witnessed by another department employee, the bag should be resealed and initialed by both parties as described above, and the property sheet should be amended as needed within the evidence management system. 902.5 STRIP SEARCHES No individual in temporary custody at any Palo Alto Police Department facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing Palo Alto Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 578 a weapon or contraband. Factors to be considered in determining reasonable suspicion include, but are not limited to: (a)The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. (b)Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. 1.A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c)Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts). (d)The individual’s actions or demeanor. (e)Criminal history (i.e., level of experience in a custody setting). No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual’s genital status. If the individual’s genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115). 902.5.1 STRIP SEARCH PROCEDURES Strip searches at Palo Alto Police Department facilities shall be conducted as follows (28 CFR 115.115; Penal Code § 4030): (a)Written authorization from the Watch Commander shall be obtained prior to the strip search. (b)All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner. (c)All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording. (d)Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence. (e)Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. (f)The primary member conducting the search shall prepare a written report to include: 1.The facts that led to the decision to perform a strip search. 2.The reasons less intrusive methods of searching were not used or were insufficient. Palo Alto Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 579 3.The written authorization for the search, obtained from the Watch Commander. 4.The name of the individual who was searched. 5.The name and sex of the members who conducted the search. 6.The name, sex and role of any person present during the search. 7.The time and date of the search. 8.The place at which the search was conducted. 9.A list of the items, if any, that were recovered. 10.The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband. (g)No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is showering, performing bodily functions or changing clothes, unless he/she otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity. (h)If the individual has been arrested for a misdemeanor or infraction offense, the written authorization from the Watch Commander shall include specific and articulable facts and circumstances upon which the reasonable suspicion determination for the search was made. (i)A copy of the written authorization shall be retained and made available upon request to the individual or the individual's authorized representative. A record of the time, date, place of the search, the name and sex of the person conducting the search, and a statement of the results of the search shall also be retained and made available upon request to the individual or the individual’s authorized representative. 902.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES A strip search may be conducted in the field only with Watch Commander authorization and only in exceptional circumstances, such as when: (a)There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. (b)There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation. Palo Alto Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 580 These special-circumstance field strip searches shall only be authorized and conducted under the same restrictions as the strip search procedures in this policy, except that the Watch Commander authorization does not need to be in writing. 902.6 PHYSICAL BODY CAVITY SEARCH Physical body cavity searches shall be subject to the following (Penal Code § 4030): (a)No individual shall be subjected to a physical body cavity search without written approval of the Watch Commander and only upon a search warrant. A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). (b)Only a physician, nurse practitioner, registered nurse, licensed vocational nurse or Emergency Medical Technician Level II licensed to practice in California may conduct a physical body cavity search. (c)Except for the physician or licensed medical personnel conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department members needed to maintain the safety and security of the medical personnel shall be present. (d)Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. (e)All such searches shall be documented, including: 1.The facts that led to the decision to perform a physical body cavity search of the individual. 2.The reasons less intrusive methods of searching were not used or were insufficient. 3.The Watch Commander’s approval. 4.A copy of the search warrant. 5.The time, date and location of the search. 6.The medical personnel present. 7.The names, sex and roles of any department members present. 8.Any contraband or weapons discovered by the search. (f)Copies of the written authorization and search warrant shall be retained and shall be provided to the individual who was searched or other authorized representative upon request. A record of the time, date, place of the search, the name and sex of the person conducting the search and a statement of the results of the search shall Palo Alto Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Custodial Searches - 581 also be retained and made available upon request to the individual or the individual’s authorized representative. 902.7 TRAINING The Personnel and Training Lieutenant shall ensure members have training that includes (28 CFR 115.115): (a)Conducting searches of cross-gender individuals. (b)Conducting searches of transgender and intersex individuals. (c)Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. 902.8 BODY SCANNER SEARCH If a body scanner is available, a body scan search should be performed on all inmates/arrestees upon entering the secure booking area of the facility. Members (Penal Code § 4030): (a)Within sight of the visual display of a body scanner that is depicting the body during a scan shall be of the same sex as the person being scanned, except for physicians or licensed medical personnel. (b)Should ask female inmates if they are pregnant prior to a body scan and should not knowingly use a body scanner on a woman who is pregnant. 902.9 POLICY ISSUE DATE Updated: 12-19-16 Policy 904 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 582 Prison Rape Elimination 904.1 PURPOSE AND SCOPE This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA) and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and respond to sexual abuse, harassment, and retaliation against detainees or prisoners in the Palo Alto Police Department Temporary Holding Facilities (28 CFR 115.111; 15 CCR 1029). 904.1.1 DEFINITIONS Definitions related to this policy include: Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development (28 CFR 115.5). Sexual abuse - Any of the following acts, if the detainee does not consent, is coerced into such act by overt or implied threats of violence or is unable to consent or refuse (28 CFR 115.6; 15 CCR 1006): •Contact between the penis and the vulva or the penis and the anus, including penetration, however slight •Contact between the mouth and the penis, vulva, or anus •Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument •Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or without consent of the detainee, prisoner, or resident: •Contact between the penis and the vulva or the penis and the anus, including penetration, however slight •Contact between the mouth and the penis, vulva, or anus •Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire •Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties, or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire •Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties, or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 583 •Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described above •Any display by a staff member, contractor, or volunteer of his/her uncovered genitalia, buttocks, or breast in the presence of a detainee, prisoner, or resident •Voyeurism by a staff member, contractor, or volunteer Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors; verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one detainee, prisoner, or resident that are directed toward another; repeated verbal comments or gestures of a sexual nature to a detainee, prisoner, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures (28 CFR 115.6; 15 CCR 1006). Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth (28 CFR 115.5). 904.2 POLICY The Palo Alto Police Department has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The [Department/Office] will not tolerate retaliation against any person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. The Palo Alto Police Department will take immediate action to protect detainees and prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162; 15 CCR 1029). 904.3 PREA COORDINATOR The Chief of Police shall appoint an upper-level manager with sufficient time and authority to develop, implement, and oversee [department/office] efforts to comply with PREA standards in the Palo Alto Police Department Temporary Holding Facilities (28 CFR 115.111). The PREA Coordinator’s responsibilities shall include: (a)Developing and maintaining procedures to comply with the PREA Rule. (b)Ensuring that any contract for the confinement of detainees or prisoners includes the requirement to adopt and comply with applicable PREA standards and the PREA Rule, including the obligation to provide incident-based and aggregated data, as required in 28 CFR 115.187 (28 CFR 115.112). (c)Developing a staffing plan to provide adequate levels of staffing and video monitoring, where applicable, in order to protect detainees and prisoners from sexual abuse (28 CFR 115.113; 15 CCR 1029). This includes documenting deviations and the reasons for deviations from the staffing plan, as well as reviewing the staffing plan a minimum of once per year. (d)Developing methods for staff to privately report sexual abuse and sexual harassment of detainees and prisoners (28 CFR 115.151). Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 584 (e)Developing a written plan to coordinate response among staff first responders, medical and mental health practitioners, investigators, and [department/office] leadership to an incident of sexual abuse (28 CFR 115.165). (f)Ensuring a protocol is developed for investigating allegations of sexual abuse in the Temporary Holding Facility. The protocol shall include (28 CFR 115.121; 28 CFR 115.122): 1.Evidence collection practices that maximize the potential for obtaining usable physical evidence based on the most recent edition of the U.S. Department of Justice’s (DOJ) Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/ Adolescents” or a similarly comprehensive and authoritative protocol. 2.A process to ensure a criminal or administrative investigation is completed on all allegations of sexual abuse or sexual harassment. 3.A process to document all referrals to other law enforcement agencies. 4.Access to forensic medical examinations, without financial cost, for all victims of sexual abuse where appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. The efforts to provide SAFEs or SANEs shall be documented. 5.In accordance with security needs, provisions to permit, to the extent available, detainee and prisoner access to victim advocacy services if the detainee or prisoner is transported for a forensic examination to an outside hospital that offers such services. (g)Ensuring that detainees and prisoners with limited English proficiency and disabilities have an equal opportunity to understand and benefit from efforts to prevent, detect, and respond to sexual abuse and sexual harassment. This includes, as appropriate, access to interpreters and written materials in formats or through methods that provide effective communication to those with disabilities (e.g., limited reading skills, intellectual, hearing, or vision disabilities) (28 CFR 115.116). 1.The agency shall not rely on other detainees or prisoners for assistance except in limited circumstances where an extended delay in obtaining an interpreter could compromise the detainee’s or prisoner’s safety, the performance of first- response duties under this policy, or the investigation of a prisoner’s allegations of sexual abuse, harassment, or retaliation. (h)Publishing on the [department/office]’s website: 1.Information on how to report sexual abuse and sexual harassment on behalf of a detainee or prisoner (28 CFR 115.154). 2.A protocol describing the responsibilities of the [Department/Office] and any other investigating agency that will be responsible for conducting sexual abuse or sexual harassment investigations (28 CFR 115.122). Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 585 (i)Establishing a process that includes the use of a standardized form and set of definitions to ensure accurate, uniform data is collected for every allegation of sexual abuse at facilities under this agency’s direct control (28 CFR 115.187; 34 USC § 30303; 15 CCR 1041). 1.The data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence, conducted by DOJ, or any subsequent form developed by DOJ and designated for lockups. 2.The data shall be aggregated at least annually. (j)Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405 for all Temporary Holding Facilities used to house detainees or prisoners overnight (28 CFR 115.193). (k)Ensuring contractors or others who work in the Temporary Holding Facility are informed of the agency’s zero-tolerance policy regarding sexual abuse and sexual harassment (28 CFR 115.132). (l)Ensuring that information for uninvolved inmates, family, community members, and other interested third parties to report sexual abuse or sexual harassment is publicly posted at the facility (15 CCR 1029). 904.4 REPORTING SEXUAL ABUSE, HARASSMENT, AND RETALIATION Detainees or prisoners may make reports to any staff member verbally, in writing, privately, or anonymously of any of the following (28 CFR 115.151; 15 CCR 1029): •Sexual abuse •Sexual harassment •Retaliation by other detainees or prisoners or staff for reporting sexual abuse or sexual harassment •Staff neglect or violation of responsibilities that may have contributed to sexual abuse or sexual harassment During intake the [Department/Office] shall notify all detainees and prisoners of the zero-tolerance policy regarding sexual abuse and sexual harassment, and of at least one way to report abuse or harassment to a public or private entity that is not part of the [Department/Office] and that is able to receive and immediately forward detainee or prisoner reports of sexual abuse and sexual harassment to agency officials. This allows the detainee or prisoner to remain anonymous (28 CFR 115.132; 28 CFR 115.151). 904.4.1 MEMBER RESPONSIBILITIES [Department/Office] members shall accept reports from detainees, prisoners and third parties and shall promptly document all reports (28 CFR 115.151; 15 CCR 1029). All members shall report immediately to the Watch Commander any knowledge, suspicion, or information regarding: Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 586 (a)An incident of sexual abuse or sexual harassment that occurs in the Temporary Holding Facility. (b)Retaliation against detainees or the member who reports any such incident. (c)Any neglect or violation of responsibilities on the part of any [department/office] member that may have contributed to an incident or retaliation (28 CFR 115.161). No member shall reveal any information related to a sexual abuse report to anyone other than to the extent necessary to make treatment and investigation decisions. 904.4.2 WATCH COMMANDER RESPONSIBILITIES The Watch Commander shall report to the [department/office]’s designated investigators all allegations of sexual abuse, harassment, retaliation, neglect or violations leading to sexual abuse, harassment or retaliation. This includes third-party and anonymous reports (28 CFR 115.161). If the alleged victim is under the age of 18 or considered a vulnerable adult, the Watch Commander shall also report the allegation as required under mandatory reporting laws and [department/office] policy. Upon receiving an allegation that a detainee or prisoner was sexually abused while confined at another facility, the Watch Commander shall notify the head of the facility or the appropriate office of the agency where the alleged abuse occurred. The notification shall be made as soon as possible but no later than 72 hours after receiving the allegation. The Watch Commander shall document such notification (28 CFR 115.163). If an alleged detainee or prisoner victim is transferred from the Temporary Holding Facility to a jail, prison or medical facility, the [Department/Office] shall, as permitted by law, inform the receiving facility of the incident and the prisoner’s potential need for medical or social services, unless the prisoner requests otherwise (28 CFR 115.165). 904.5 INVESTIGATIONS The [Department/Office] shall promptly, thoroughly and objectively investigate all allegations, including third-party and anonymous reports, of sexual abuse or sexual harassment. Only investigators who have received [department/office]-approved special training shall conduct sexual abuse investigations (28 CFR 115.171). 904.5.1 FIRST RESPONDERS The first officer to respond to a report of sexual abuse or sexual assault shall (28 CFR 115.164): (a)Separate the parties. (b)Establish a crime scene to preserve and protect any evidence. Identify and secure witnesses until steps can be taken to collect any evidence. (c)If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking or eating. Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 587 (d)If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking or eating. If the first responder is not an officer the responder shall request that the alleged victim not take any actions that could destroy physical evidence and should then notify a law enforcement staff member (28 CFR 115.164). 904.5.2 INVESTIGATOR RESPONSIBILITIES Investigators shall (28 CFR 115.171): (a)Gather and preserve direct and circumstantial evidence, including any available physical and biological evidence and any available electronic monitoring data. (b)Interview alleged victims, suspects and witnesses. (c)Review any prior complaints and reports of sexual abuse involving the suspect. (d)Conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution. (e)Assess the credibility of the alleged victim, suspect or witness on an individual basis and not by the person’s status as a detainee or a member of the Palo Alto Police Department. (f)Document in written reports a description of physical, testimonial, documentary and other evidence, the reasoning behind any credibility assessments, and investigative facts and findings. (g)Refer allegations of conduct that may be criminal to the District Attorney for possible prosecution, including any time there is probable cause to believe a detainee or prisoner sexually abused another detainee or prisoner in the Temporary Holding Facility (28 CFR 115.178). (h)Cooperate with outside investigators and remain informed about the progress of any outside investigation. 904.5.3 ADMINISTRATIVE INVESTIGATIONS Administrative investigations shall include an effort to determine whether staff actions or failures to act contributed to the abuse. The departure of the alleged abuser or victim from the employment or control of this [department/office] shall not be used as a basis for terminating an investigation (28 CFR 115.171). 904.5.4 SEXUAL ASSAULT AND SEXUAL ABUSE VICTIMS No detainee or prisoner who alleges sexual abuse shall be required to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation (28 CFR 115.171(e)). Detainee or prisoner victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment. Treatment services shall be provided to the victim without financial cost and Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 588 regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident (28 CFR 115.182). 904.5.5 CONCLUSIONS AND FINDINGS All completed investigations shall be forwarded to the Chief of Police, or if the allegations may reasonably involve the Chief of Police, to the City Manager. The Chief of Police or City Manager shall review the investigation and determine whether any allegations of sexual abuse or sexual harassment have been substantiated by a preponderance of the evidence (28 CFR 115.172). All personnel shall be subject to disciplinary sanctions up to and including termination for violating this policy. Termination shall be the presumptive disciplinary sanction for [department/office] members who have engaged in sexual abuse. All discipline shall be commensurate with the nature and circumstances of the acts committed, the member’s disciplinary history and the sanctions imposed for comparable offenses by other members with similar histories (28 CFR 115.176). All terminations for violations of this policy, or resignations by members who would have been terminated if not for their resignation, shall be criminally investigated unless the activity was clearly not criminal and reported to any relevant licensing body (28 CFR 115.176). Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with detainees or prisoners and reported to any relevant licensing bodies (28 CFR 115.177). The Chief of Police shall take appropriate remedial measures and consider whether to prohibit further contact with detainees or prisoners by a contractor or volunteer. 904.6 RETALIATION PROHIBITED All detainees, prisoners and members who report sexual abuse or sexual harassment or who cooperate with sexual abuse or sexual harassment investigations shall be protected from retaliation (28 CFR 115.167). If any other individual who cooperates with an investigation expresses a fear of retaliation, appropriate measures shall be taken to protect that individual. The Watch Commander or the authorized designee shall employ multiple protection measures, such as housing changes or transfers for detainee or prisoner victims or abusers, removal of alleged abusers from contact with victims, and emotional support services for detainees, prisoners or members who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations. The Watch Commander or the authorized designee shall identify a staff member to monitor the conduct and treatment of detainees, prisoners or members who have reported sexual abuse and of detainees or prisoners who were reported to have suffered sexual abuse. The staff member shall act promptly to remedy any such retaliation. In the case of detainees or prisoners, such monitoring shall also include periodic status checks. 904.7 REVIEWS AND AUDITS Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 589 904.7.1 INCIDENT REVIEWS An incident review shall be conducted at the conclusion of every sexual abuse investigation, unless the allegation has been determined to be unfounded. The review should occur within 30 days of the conclusion of the investigation. The review team shall include upper-level management officials and seek input from line supervisors and investigators (28 CFR 115.186). The review shall (28 CFR 115.186): (a)Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect or respond to sexual abuse. (b)Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender or intersex identification, status or perceived status; gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility. (c)Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse. (d)Assess the adequacy of staffing levels in that area during different shifts. (e)Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff. The review team shall prepare a report of its findings, including any determinations made pursuant to this section and any recommendations for improvement. The report shall be submitted to the Chief of Police and the PREA Coordinator. The Chief of Police or the authorized designee shall implement the recommendations for improvement or shall document the reasons for not doing so (28 CFR 115.186). 904.7.2 DATA REVIEWS The facility shall conduct an annual review of collected and aggregated incident-based sexual abuse data. The review should include, as needed, data from incident-based documents, including reports, investigation files and sexual abuse incident reviews (28 CFR 115.187). The purpose of these reviews is to assess and improve the effectiveness of sexual abuse prevention, detection and response policies, practices and training. An annual report shall be prepared that includes (28 CFR 115.188): (a)Identification of any potential problem areas. (b)Identification of any corrective actions taken. (c)Recommendations for any additional corrective actions. (d)A comparison of the current year’s data and corrective actions with those from prior years. (e)An assessment of the [Department/Office]’s progress in addressing sexual abuse. The report shall be approved by the Chief of Police and made readily available to the public through the [department/office] website or, if it does not have one, through other means. Material Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 590 may be redacted from the reports when publication would present a clear and specific threat to the safety and security of the Temporary Holding Facility. However, the nature of the redacted material shall be indicated. All aggregated sexual abuse data from Palo Alto Police Department facilities and private facilities with which it contracts shall be made readily available to the public at least annually through the [department/office] website or, if it does not have one, through other means. Before making aggregated sexual abuse data publicly available, all personal identifiers shall be removed (28 CFR 115.189). 904.8 RECORDS The [Department/Office] shall retain all written reports from administrative and criminal investigations pursuant to this policy for as long as the alleged abuser is held or employed by the [Department/Office], plus five years (28 CFR 115.171). All other data collected pursuant to this policy shall be securely retained for at least 10 years after the date of the initial collection unless federal, state or local law requires otherwise (28 CFR 115.189). 904.9 TRAINING All employees, volunteers and contractors who may have contact with detainees or prisoners shall receive [department/office]-approved training on the prevention and detection of sexual abuse and sexual harassment within this facility. The Personnel and Training Lieutenant shall be responsible for developing and administering this training as appropriate, covering at a minimum (28 CFR 115.131): •The [Department/Office]’s zero-tolerance policy and the right of detainees and prisoners to be free from sexual abuse and sexual harassment, and from retaliation for reporting sexual abuse or harassment. •The dynamics of sexual abuse and harassment in confinement settings, including which detainees and prisoners are most vulnerable. •The right of detainees, prisoners and staff members to be free from sexual abuse and sexual harassment, and from retaliation for reporting sexual abuse or harassment. •Detecting and responding to signs of threatened and actual abuse. •Communicating effectively and professionally with all detainees and prisoners. •Compliance with relevant laws related to mandatory reporting of sexual abuse to outside authorities. Investigators assigned to sexual abuse investigations shall also receive training in conducting such investigations in confinement settings. Training should include (28 CFR 115.134): •Techniques for interviewing sexual abuse victims. •Proper use of Miranda and Garrity warnings. Palo Alto Police Department Policy Manual Prison Rape Elimination Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Prison Rape Elimination - 591 •Sexual abuse evidence collection in confinement settings. •Criteria and evidence required to substantiate a case for administrative action or prosecution referral. The Personnel and Training Lieutenant shall maintain documentation that employees, volunteers, contractors and investigators have completed required training and that they understand the training. This understanding shall be documented through individual signature or electronic verification. All current employees and volunteers who may have contact with detainees or prisoners shall be trained within one year of the effective date of the PREA standards. The agency shall provide annual refresher information to all such employees and volunteers to ensure that they understand the current sexual abuse and sexual harassment policies and procedures. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personnel - 592 Chapter 10 - Personnel Policy 1000 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 593 Recruitment and Selection 1000.1 PURPOSE AND SCOPE The employment policy of the Palo Alto shall provide equal opportunities for applicants and its employees regardless of race, sexual orientation, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, marital status, military or veteran status, or sex, and shall not show partiality or grant any special favors to any applicant, employee or group of employees. The rules governing employment practices for this department are maintained by the Palo Alto Personnel and Training. 1000.2 APPLICANT QUALIFICATIONS Candidates for job openings will be selected based on merit, ability, competence and experience. All peace officer candidates must meet the minimum standards described in California Government Code § 1031 in addition to the employment standards established by this department. 1000.2.1 VETERAN'S PREFERENCE Qualifying veterans of the armed forces of the United States shall receive a veteran's preference as applicable. Preference points shall be added after the applicant has received a passing score on an entrance exam and is qualified for placement on the employment list (Government Code § 18978). 1000.3 STANDARDS Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The Palo Alto Personnel and Training maintains standards for all positions. The dilemma facing the Department is one of developing a job-valid and non-discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the Palo Alto or State of California hiring standards. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which are used as a professional standard in background investigations. The following standards have been adopted for public safety applicants: 1000.3.1 OPERATION OF A MOTOR VEHICLE (a)The ability to possess a valid California driver's license (b)The ability to drive safely (c)The ability to control a motor vehicle at high speeds (d)The ability to operate a motor vehicle in all types of weather conditions (e)The following shall be disqualifying: Palo Alto Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 594 1.Receipt of three or more moving violations (or any single violation of a potential life threatening violation, such as reckless driving, speed contest, suspect of a pursuit, etc.) within three years prior to application. Moving violations for which there is a factual finding of innocence shall not be included. 2.Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to date of application. 3.A conviction for driving under the influence of alcohol and/or drugs within three years prior to application or any two convictions for driving under the influence of alcohol and/or drugs. 1000.3.2 INTEGRITY (a)Refusing to yield to the temptation of bribes, gratuities, payoffs, etc. (b)Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel (c)Showing strong moral character and integrity in dealing with the public (d)Being honest in dealing with the public (e)The following shall be disqualifying: 1.Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies. 2.Any forgery, alteration, or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating. 1000.3.3 CREDIBILITY AS A WITNESS IN A COURT OF LAW (a)The ability to give testimony in a court of law without being subject to impeachment due to his/her honesty or veracity (or their opposites) or due to prior felony conviction. (b)The following shall be disqualifying: 1.Conviction of any criminal offense classified as a misdemeanor under California law within three years prior to application 2.Conviction for two or more misdemeanor offenses under California law as an adult 3.Conviction of any offense classified as a misdemeanor under California law while employed as a peace officer (including military police officers) Palo Alto Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 595 4.Admission(s) of having committed any act amounting to a felony (including felony-misdemeanor offenses) under California law, as an adult, within five years prior to application or while employed as a peace officer (including military police officers) 5.Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft 6.Admission(s) of any act of domestic violence as defined by law, committed as an adult 7.Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting or annoying children, child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure. Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts 8.Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying 1000.3.4 DEPENDABILITY (a)Having a record of submitting reports on time and not malingering on calls, etc. (b)A record of being motivated to perform well (c)A record of dependability and follow through on assignments (d)A history of taking the extra effort required for complete accuracy in all details of work (e)A willingness to work the hours needed to complete a job (f)The following shall be disqualifying: 1.Missing any scheduled appointment during the process without prior permission 2.Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations 3.Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult 4.Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement Palo Alto Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 596 5.Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability 6.Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged. 7.Having any outstanding warrant of arrest at time of application. 1000.3.5 LEARNING ABILITY (a)The ability to comprehend and retain information (b)The ability to recall information pertaining to laws, statutes, codes, etc. (c)The ability to learn and to apply what is learned (d)The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer (e)The following shall be disqualifying: 1.Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application 2.Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement 1000.3.6 PERSONAL SENSITIVITY (a)The ability to resolve problems in a way that shows sensitivity for the feelings of others. (b)Empathy (c)Discretion, not enforcing the law blindly (d)Effectiveness in dealing with people without arousing antagonism (e)The ability to understand the motives of people and how they will react and interact (f)The following shall be disqualifying: 1.Having been disciplined by any employer (including the military and/or any law enforcement training facility) for acts constituting racial, ethnic or sexual harassment or discrimination 2.Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation 3.Having been disciplined by any employer as an adult for fighting in the workplace Palo Alto Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 597 1000.3.7 JUDGMENT UNDER PRESSURE (a)The ability to apply common sense during pressure situations (b)The ability to make sound decisions on the spot (c)The ability to use good judgment in dealing with potentially explosive situations (d)The ability to make effective, logical decisions under pressure (e)The following shall be disqualifying: 1.Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws 2.Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer 1000.3.8 ILLEGAL USE OR POSSESSION OF DRUGS (a)The following examples of illegal drug use or possession will be considered automatic disqualifiers for public safety applicants, with no exceptions: 1.Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment 2.Any adult use or possession of marijuana within one year prior to application for employment 3.Any other illegal adult use or possession of a drug not mentioned above (including cocaine) within three years prior to application for employment 4.Any illegal adult use or possession of a drug while employed in any law enforcement capacity, military police, or as a student enrolled in college- accredited courses related to the criminal justice field 5.Any adult manufacture or cultivation of a drug or illegal substance 6.Failure to divulge to the Department any information about personal illegal use or possession of drugs 7.Any drug test of the applicant, during the course of the hiring process, where illegal drugs are detected (b)The following examples of illegal drug use or possession will be considered in relationship to the overall background of that individual and may result in disqualification: 1.Any illegal use or possession of a drug as a juvenile Palo Alto Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Recruitment and Selection - 598 2.Any illegal adult use or possession of a drug that does not meet the criteria of the automatic disqualifiers specified above (e.g., marijuana use longer than one year ago or cocaine use longer than three years ago.) 3.Any illegal or unauthorized use of prescription medications Policy 1002 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Evaluation of Employees - 599 Evaluation of Employees 1002.1 PURPOSE AND SCOPE The Department's employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement. 1002.2 POLICY The Palo Alto Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. The Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee's position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1002.3 EVALUATION PROCESS Evaluation reports will cover a specific period of time and should be based on documented performance during that period. Evaluation reports will be completed by each employee's immediate supervisor. Other supervisors directly familiar with the employee's performance during the rating period should be consulted by the immediate supervisor for their input. All sworn and civilian supervisory personnel shall attend an approved supervisory course that includes training on the completion of performance evaluations within one year of the supervisory appointment. Each supervisor should discuss the tasks of the position, standards of performance expected and the evaluation criteria with each employee at the beginning of the rating period. Supervisors should document this discussion in the prescribed manner. Assessment of an employee's job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise. Non-probationary employees demonstrating substandard performance shall be notified in writing of such performance as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days written notice prior to the end of the evaluation period. Employees who disagree with their evaluation and who desire to provide a formal response or a rebuttal may do so in writing in the prescribed format and time period. Palo Alto Police Department Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Evaluation of Employees - 600 1002.3.1 RESERVE OFFICER EVALUATIONS Reserve officer evaluations are covered under the Reserve Officers Policy. 1002.4 FULL TIME PROBATIONARY PERSONNEL Civilian personnel are on probation for 12 months before being eligible for certification as permanent employees. An evaluation is completed monthly for all full-time civilian personnel during the probationary period. Sworn personnel are on probation for 12 months before being eligible for certification as permanent employees. Probationary officers are evaluated daily, weekly and monthly during the probationary period. 1002.5 FULL-TIME PERMANENT STATUS PERSONNEL Permanent employees are subject to three types of performance evaluations: Regular - An Employee Performance Evaluation shall be completed once each year by the employee's immediate supervisor on the anniversary of the employee's date of hire except for employees who have been promoted in which case an Employee Performance Evaluation shall be completed on the anniversary of the employee's date of last promotion. Transfer - If an employee is transferred from one assignment to another in the middle of an evaluation period and less than six months have transpired since the transfer, then an evaluation shall be completed by the current supervisor with input from the previous supervisor. Special - A special evaluation may be completed any time the rater and the rater's supervisor feel one is necessary due to employee performance that is deemed less than standard. Generally, the special evaluation will be the tool used to demonstrate those areas of performance deemed less than standard when follow-up action is planned (action plan, remedial training, retraining, etc.). The evaluation form and the attached documentation shall be submitted as one package. 1002.5.1 RATINGS When completing the Employee Performance Evaluation, the rater will place a check mark in the column that best describes the employee's performance. The definition of each rating category is as follows: Exceeds Standards - Represents performance that is better than expected of a fully competent employee. It is superior to what is expected and in some cases may be exceptional and outstanding performance. Meets Standards - Is the performance of a fully competent employee. It means satisfactory performance that meets the standards required of the position. Does Not Meet Standards - Is a level of performance less than that expected of a fully competent employee and less than standards required of the position. A needs improvement rating must be thoroughly discussed with the employee. Inferior, inadequate, or undesirable performance that cannot be tolerated also falls into this performance rating category. Palo Alto Police Department Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Evaluation of Employees - 601 Space for written comments is provided at the end of the evaluation in the rater comments section. This section allows the rater to document the employee's strengths, weaknesses, and suggestions for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall be substantiated in the rater comments section with specific examples of documentation. . 1002.6 EVALUATION INTERVIEW When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. If the employee has valid and reasonable protests of any of the ratings, they should be changed accordingly. The supervisor and employee will sign and date the evaluation. Employees may complete a written rebuttal to all or part of the Annual Performance Evaluation which will be filed with the Performance Evaluation submitted. 1002.6.1 DISCRIMINATORY HARASSMENT FORM At the time of each employee's annual evaluation, the reviewing supervisor shall require the employee to read the City and Department harassment and discrimination policies. Following such policy review, the supervisor shall provide the employee a form to be completed and returned by the employee certifying the following: (a)That the employee understands the harassment and discrimination policies. (b)Whether any questions the employee has have been sufficiently addressed. (c)That the employee knows how and where to report harassment policy violations. (d)Whether the employee has been the subject of, or witness to, any conduct that violates the discrimination or harassment policy which has not been previously reported. The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. The employee's completed answers shall be attached to the evaluation. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall insure that appropriate follow up action is taken. 1002.7 EVALUATION REVIEW After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Division Captain/Coordinator). The Division Captain/ Coordinator shall review the evaluation for fairness, impartiality, uniformity, and consistency. The Division Captain/Coordinator shall evaluate the supervisor on the quality of ratings given. 1002.8 EVALUATION DISTRIBUTION The original performance evaluation shall be maintained in the employee's personnel file in the office of the Chief of Police for the tenure of the employee's employment. A copy will be given to the employee and a copy will be forwarded to City of Palo Alto Personnel and Training. Policy 1004 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 602 Promotional and Transfer Policy 1004.1 PURPOSE AND SCOPE It is the intent of the Department that all requests for change of assignment are considered equally. The regular and systematic rotation of police personnel through specialized assignments enhances the ability of the Department to accomplish its mission, and provides professional development for Department personnel. It shall therefore be the policy of the Department to encourage such rotation by establishing fair, uniform standards for the selection of personnel for specialized assignments and by establishing minimum and maximum limits for such assignments. To facilitate the selection process, the following procedure is established whereby all such requests will be reviewed on an equal basis as assignments are made. Definition: Specialized Assignments are full-time assignments outside the basic patrol function; part-time (collateral duty) assignments that include tasks outside the basic patrol function, or temporary out of class assignments of more than sixty (60) days. 1004.1.1 GENERAL REQUIREMENTS The following conditions will be used in evaluating employees for promotion and transfer: (a)Present a professional, neat appearance. (b)Maintain a physical condition which aids in their performance. (c)Demonstrate the following traits: 1.Emotional stability and maturity 2.Stress tolerance 3.Sound judgment and decision-making 4.Personal integrity and ethical conduct 5.Leadership 6.Initiative 7.Adaptability and flexibility 8.Ability to conform to organizational goals and objectives in a positive manner. 1004.2 SWORN AND NON-SWORN NON-SUPERVISORY SPECIALTY SELECTION PROCESS The following positions are considered transfers or specialties and are not considered promotions: (a)Special Enforcement Detail (SED); (b)Detective; (c)Motor Officer; Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 603 (d)Field Training Officer; (e)Personnel and Training Supervisor; (f)Field Services Staff Assistant; (g)Special Weapons and Tactics; (h)Crisis Negotiation Team (CNT); (i)Crime Scene Investigation (CSI) Officer; (j)K-9 Handler; (k)Communications Training Officer; (l)Tactical Dispatcher; (m)Defensive Tactics Instructor; (n)Range Master; (o)Emergency Medical / PPE Instructor; (p)Driving Instructor; (q)Bicycle Officer; (r)Recruiting Team Officer; (s)Public Information Officer; (t)Designated Rifle Officer; (u)STAR Team; (v)Critical Incident Stress Management Team 1004.2.1 DESIRABLE QUALIFICATIONS The following qualifications apply to consideration for transfer: (a)Off probation; (b)Has shown an expressed interest in the position applied for; (c)Education, training and demonstrated abilities in related areas; such as, enforcement activities, investigative techniques, report writing, public relations, etc.; (d)Complete any training required by POST; (e)Meets the selection criteria as posted. 1004.3 VACANCIES Rotation of personnel will normally occur at shift change in July. It shall be the duty of the responsible manager to notify the Field Services Division Captain or his/her designee of all anticipated vacancies on a timely basis. In order to ensure a well-coordinated shift change and Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 604 allow all personnel to make timely choices regarding assignments, it shall be the duty of the Field Services Division Captain or his/her designee to post a schedule providing deadlines for notifications of intended transfers, job postings, application deadlines, testing processes, and FSD bidding processes. Such schedule shall be posted no later than January 1st of each year. On occasion, vacancies may occur in Specialized Assignments outside the normal rotation at the July shift change. On such occasions, the responsible manager shall post notice of the anticipated vacancy as soon as practical after the vacancy is identified. Notices of anticipated vacancies in Specialized Assignments shall be posted a minimum of two weeks before the application deadline. No extensions of final filing dates for Specialized Assignments shall be granted unless no qualified applicants have applied by the originally posted deadline. Under exigent circumstances, when such posting would threaten the mission of the Department, the two week posting requirement may be waived upon approval of the Chief. In any case, when the posting requirement is waived, the Chief shall notify the President of the Palo Alto Peace Officers' Association (PAPOA) of the waiver and the reasons thereof within one working day. 1004.4 GENERAL REQUIREMENTS The following conditions will be used in evaluating a member of the Palo Alto Police Department for specialty assignment: (a)Presents a professional, neat appearance; (b)The member maintains a physical condition, which aids in their performance; (c)Demonstrates: 1.Emotional stability and maturity; 2.Sound judgment and decision making; 3.Personal integrity; 4.Honesty; 5.Leadership; 6.Initiative; 7.Ability to confront and/or deal with issues both positive and/or negative; 8.Ability to conform to organizational goals and objectives. 1004.4.1 POSTINGS Postings for Specialized Assignments shall contain a job description for the assignment; eligibility criteria; performance standards; a description of the selection process; the name of the supervisor or manager responsible for the selection, and a due date for applications. Performance standards shall describe the minimum acceptable levels expected of the position. These standards may include, but are not limited to: (a)Cognitive or technical skills; Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 605 (b)Ability to work; (c)Initiative and productivity; (d)Organization; (e)Motivation; (f)Compatibility with coworkers, or; (g)Any other circumstance or condition which is pertinent to performance in the position. 1004.4.2 RESPONSIBILITIES It shall be the responsibility of each Division Captain/Coordinator to insure that current, accurate copies of job descriptions, eligibility criteria, performance standards and selection processes for each Specialized Assignment in his or her command are on file in the Personnel and Training Unit. The Personnel and Training Unit shall maintain and have available for review for each Specialized Assignment, current job descriptions, eligibility criteria, performance standards and selection processes. Modifications to job descriptions, eligibility criteria, performance standards or selection processes shall not occur without notification to the Personnel and Training Lieutenant and PAPOA. 1004.5 APPLICATIONS Qualified sergeants, agents or officers interested in applying for any Specialized Assignment shall submit an "Application for Specialized Assignment," to the responsible manager listed on the posting. Applications may be obtained from Personnel and Training. The responsible manager shall review all applications to ensure that applicants meet minimum eligibility criteria. If, in the judgment of the responsible manager, an applicant fails to meet minimum eligibility criteria, the manager shall, as soon as practical, notify the applicant that his or her application will not be accepted and the reasons thereof. 1004.5.1 SUPERVISORY RECOMMENDATION After having reviewed the "Applications for Specialized Assignment," the responsible manager shall request written input from each qualified candidate's supervisors during the last two (2) fiscal years. An evaluation form shall be used for this purpose. The form shall be retained for one (1) year by Personnel and Training with the rater's notes for the individual candidate and shall be available for review by the candidate. 1004.5.2 TESTING It shall be the responsibility of the responsible manager to plan and administer a fair, job- related test to evaluate qualified candidates. Based on the nature of the specialized assignment, testing may consist of a single process, such as an oral board, or may include multiple processes such as a written exam, an oral board and/or a practical exam. Each process used shall be scored, using 70% as a passing score. Applicants failing any single process shall be disqualified from further consideration and shall not be allowed to participate in remaining processes. Additionally, some specialized positions may require psychological screening. Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 606 1004.5.3 INTERVIEWS All interviews shall consist of a panel of two or three people who are currently assigned to the specialty. The manager who is responsible for the specialty assignment shall be one of the panel members. The panel for an acting supervisor/lieutenant assignment shall consist of the Lieutenant or Captain that will be managing the acting position and the Chief. Interview questions shall be consistent for each candidate. A standard set of questions will be developed before the interview. The interview panel may ask follow-up questions based on candidate responses. Questions shall be limited to areas that relate to suitability for the position, and assess such areas as: (a)Cognitive and technical skills; (b)Experience; (c)Motivation; (d)Ability to perform essential job functions. Questions regarding non-job-related factors are not permitted. Rater notes shall be collected and retained by the Personnel and Training Unit for a period of one year. Rater notes will be used to evaluate candidate suitability, and to provide candidate feedback. Candidates may upon request review notes of the raters. 1004.6 SELECTION Selection of personnel for Specialized Assignments shall be based upon merit. The responsible manager shall compile an eligibility list of all passing candidates. The responsible manager shall then recommend to the appropriate Division Captain/Coordinator a selection from the eligible candidates based on consideration of such factors as performance during testing processes, performance appraisals, supervisory recommendations and personnel records. If the Division Captain/Coordinator concurs with the selection, he or she shall seek final approval for the selection from the Chief. The Chief shall remain the final authority for selection of personnel for Specialized Assignments. Any candidate who passes the selection process but is not selected for a specialized assignment may request verbal or written feedback from the responsible manager recommending the selection. 1004.6.1 NON-SELECTION If an appointment is not made (Sergeant, Agent, Officer) the Division Captain/Coordinator may re-post and re-interview for the positions. In the event that no acceptable applicants are identified, the positions may be filled based upon established seniority criteria with the following exceptions: (a)Those sergeants, agents and officer already in specialty assignments will not be considered; Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 607 (b)Those sergeants, agents, officers who have served the maximum tenure in a specialty position and are exempt from administrative assignment for a one- year period of time will not be considered. In the event all sergeants, agents, officers without such exemption are deemed unacceptable by the Division Captain/Coordinator, the least senior sergeant with this exemption shall be subject to administrative assignment to the Specialized Assignment. 1004.7 DURATION OF ASSIGNMENT Tenure in any specialized assignment shall be based upon continued accomplishment of the performance standards of the position. Candidates may be removed from specialized assignments for failure to meet performance standards and/or disciplinary reasons. Each specialized assignment shall have an established time "cap" which limits the maximum duration of the assignment. Exceptions to established caps must be approved by the Chief of Police. Normally, exceptions will be considered only in exigent circumstances, when the mission of the Department is threatened by normal rotation. Caps on part-time specialties can be waived when the Department elects to expand the number of part-time specialties; when no new applicants apply; or when the mission of the Department would be threatened by normal rotation. 1004.7.1 PART-TIME SPECIALIZED ASSIGNMENT CAPS •Public Information Officer 2 year minimum •Recruiting Team 2 year minimum •Bicycle Team 2 year minimum •Defensive Tactics Officer 2 year minimum •First Aid/CPR Instructor 2 year minimum •Designated Rifle Officer 2 year minimum •Driving Instructor 2 year minimum •Crime Scene Investigation Officer 2 year minimum •Range Master 2 year minimum •Special weapons and tactics 2 year minimum •Specialized Traffic Accident Reconstruction Team 2 year minimum •Crisis Negotiation Team 2 year minimum •CISM Team 2 year minimum There is no maximum time in a part time specialized assignment, however this does not prohibit the Chief of Police or his/her designee from removing an officer from a part time Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 608 specialized assignment for the purpose of rotating personnel, employee development or any other organizational need. 1004.7.2 FULL TIME SPECIALIZED ASSIGNMENT CAPS •Personnel & Training Supervisor 1 year minimum 3 year maximum •Staff Assistant (FSD) 1 year minimum 3 year maximum •ISD (Property Crimes) 1 year minimum 3 year maximum •ISD (Robbery/Homicide) 2 year minimum 5 year maximum •ISD (Sexual Assault) 2 year minimum 5 year maximum •ISD (Financial Crimes) 2 year minimum 5 year maximum •ISD (Elder Abuse/Domestic Violence 2 year minimum 5 year maximum •ISD (High Tech Task Force) 3 year minimum 5 year maximum •ISD Sergeant (2) 2 year minimum 3 year maximum •Canine 5 year minimum 7 year maximum * •Traffic (non-motor) 1 year minimum 1 year maximum •Traffic (motor) 3 year minimum 5 year maximum •Traffic Sergeant (motor) 3 year minimum 5 year maximum •Field Training Sergeant 1 year minimum 3 year maximum •Field Training Officer 2 year minimum 5 year maximum •Special Enforcement Detail 1 year minimum 1 year maximum * The canine maximum may be extended beyond 7 years upon mutual agreement between the canine handler and management. 1004.7.3 REQUIRED PATROL ASSIGNMENT Agents and officers applying for a full-time Specialized Assignment outside of the uniformed patrol division (such as FSD Staff Assistant, P&T Supervisor, ISD) must complete twelve (12) consecutive months on a Field Services Division patrol team immediately prior to transfer to a Specialized Assignment. While there is no requirement that sergeants return to the Field Services Division for twelve (12) consecutive months, preference in the selection of sergeants for Specialized Assignment will generally be given to sergeants currently assigned to non-specialized assignments. Personnel may apply for Specialized Assignments prior to serving twelve (12) months in Patrol, however, are not eligible for transfer until the twelve (12) months are completed. Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 609 1004.7.4 EXCEPTIONS Exceptions to this requirement are as follows: (a)Agents and officers assigned to the Investigative Services Division and applying for vacancies in Task Forces, High Tech Financial Crimes, Robbery/Homicide, Sexual Assault, Elder Abuse/Domestic Violence are exempt from this section. If selected, however, such personnel shall be subject to the new position's cap; (b)Officers having completed twenty (20) years of service and retiring within twelve (12) months may apply to the Chief for a one-year exemption to this policy; 1004.8 MID YEAR VACANCIES (a)Specialty Assignments that are filled from January 1 through June 30, shall not count toward the first year of a Specialty Assignment. Specialty Assignments that are filled from July 1 through December 31, shall count towards the first year of a Specialty Assignment. (b)Temporary assignments of sixty (60) days or less are not considered Specialized Assignments and are excluded from the provision of this policy. 1004.9 SPECIALTY SUPERVISOR VACANCY ASSIGNMENTS (a)Supervisor Vacancies anticipated for less than sixty (60) days: 1.Opening(s) will be posted and interested candidates will have an opportunity to submit a memorandum of interest to the respective Division Captain. 2.An eligible Sergeant, Agent or Officer will be administratively appointed. 3.The decision to fill a position with either a Sergeant or an Acting Sergeant will take into account such considerations as: The greater mission of the organization; the professional development of department personnel; the current needs of the respective division/unit where the opening exists; the qualifications and specialized skills of the candidate(s); staffing impacts; and, when Agents or Officers are being considered, those not having had prior acting opportunities or presently residing on the promotional list. (b)Supervisor Vacancies anticipated for more than sixty (60) days: 1.The position(s) will be open to qualified Sergeant, Agents and Officers. 2.The selection process as outlined in Policy Manual §§ 1004.42 through 1004.6 will be employed. 3.The decision to fill a position with either a Sergeant or an Acting Sergeant will take into account such considerations as: The greater mission of the organization; the professional development of department personnel; the current needs of the respective division/unit where the opening exists; the qualifications Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 610 and specialized skills of the candidate(s); staffing impacts; and, when Agents or Officers are being considered, those not having had prior acting opportunities or presently residing on the promotional list. (c)Exceptions: 1.If an opening is anticipated to be vacant for more than ninety (90) days and is expected to remain vacant through the duration of the current Shift Year, and; 2.Occurs in a Full-Time Specialized Assignment: (a)ISD (b)Traffic (c)Field Training Program (d)Special Operations (e)Special Problems Team (f)Public Relations (If filled by a Sergeant) 3.Then only Sergeants would be eligible to apply for the opening. If no Sergeants applied, then an acting opportunity would be extended to Agents and Officers. 4.The selection process as outlined in Policy Manual §§ 1004.42 through 1004.6 will be employed. 5.Selection criteria will consider the greater mission of the organization, professional development of department personnel, the current needs of the respective division/unit where the opening exists, staffing impacts; and, qualifications and specialized skills of the candidate(s). (d)The guesstimate of vacancy lengths will be made in good faith, based upon the facts and information known at the time of posting. 1004.9.1 PART-TIME SPECIALTY SUPERVISOR SELECTION 1. Annually, as part of the shift selection process, Sergeants will be given the opportunity to submit a memorandum to the Field Services Captain as to their interest in maintaining their current part- time specialty assignment as well as their interest in any other part-time specialty positions. The Field Services Captain will review the memorandums and make adjustments to current teams as necessary. 2. Any eligible Sergeant can be administratively assigned to a part-time specialty. 3. The decision to appoint a part-time specialty supervisor position will take into account such considerations as: The greater mission of the organization; the professional development of department personnel; the current needs of the respective division/unit where the opening exists; the qualifications and specialized skills of the candidate(s) and to the extent possible, the preferences of the individual Sergeant. Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 611 4. To encourage succession planning a co-supervisor may be appointed as deemed necessary. 5. Mid-year vacancies will be announced and Sergeants interested in filling open positions may submit a memorandum to the Field Services Captain. 1004.10 PROMOTIONAL PROCESS It shall be the policy of the Palo Alto Police Department to maintain a fair and consistent, performance based promotional process, which identifies the most qualified candidates for promotion, provides equal opportunity to all qualified candidates, and supports each employee in their professional growth. 1004.11 PROCEDURES 1004.11.1 SCHEDULING AND ANNOUCEMENTS (a)Promotional tests for the ranks of Sergeant and Agent shall be given annually. (b)The Personnel and Training Unit shall post a promotional reading list, specific to each rank. The Police Chief shall determine the content of the reading list. Copies of items listed on the reading list will be maintained in the Personnel and Training Unit. (c)Promotional testing process announcements shall be posted by the Personnel and Training Unit no later than sixty (60) days prior to the date of the testing process. (d)Promotional announcements shall contain: a job description, minimum application qualifications, the reading list, the date(s) of the process, the elements of the selection process, the challenge procedure and the relative weight and scoring of each phase of the process. (e)On the posting date of any promotional announcement, a departmental memorandum, in the form of an email, announcing the posting shall be sent to all members of the Department. Additionally, promotional announcements shall be posted conspicuously throughout the Department. 1004.11.2 MINIMUM ENTRY REQUIREMENTS (a)Agent 1.Three (3) years full time experience as a peace officer, the last two (2) years of which must have been with the Palo Alto Police Department by the closing date of the posting; 2.First Class Officer Status by the closing date of the posting; 3.College degree preferred. (b)Sergeant 1.Four (4) years full time experience as a peace officer, the last two (2) years of which must have been with the Palo Alto Police Department by the closing date of the posting; First Class Officer status by the closing date of the posting; Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 612 2.POST Intermediate Certificate; 3.College degree preferred. (c)Lieutenant 1.A minimum of two (2) years experience as a police sergeant by the closing date of the posting; 2.Bachelor's degree or an equivalent combination of training and experience as determined by the Police Chief; 3.POST Supervisory Certificate or an equivalent combination of training and experience as determined by the Police Chief. (d)Captain 1.A minimum of two (2) years experience as a police lieutenant by the closing date of the posting; 2.Bachelor's degree. Graduate level work preferred; 3.POST Management Certificate or equivalent combination of training and experience as determined by the Police Chief; 4.Command College or FBI National Academy preferred. (e)Assistant Chief 1.A minimum of five (5) years combined experience as a police lieutenant and police captain; 2.Bachelor's degree in law enforcement, public or business administration, or related field. Master's degree preferred; 3.POST Management Certificate or equivalent combination of training and experience as determined by the Police Chief; 4.Command College or FBI National Academy preferred. 1004.11.3 ELEMENTS OF THE PROMOTIONAL TESTING PROCESS Testing and evaluation processes shall be non-discriminatory and job related. Each element of the promotional process shall be designed to evaluate relevant job knowledge, skills and abilities. Testing and evaluation processes may include any, or any combination of, the following elements: (a)Application/ Resume Review (All ranks); (b)Written Examination (Sergeant and Agent ranks); (c)Problem Solving/ Writing Assignment (All ranks); (d)Oral Examination (All ranks); Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 613 (e)Practical/ Assessment Center Exercises/ Panel Interviews (Management ranks); (f)Staff/ Supervisory Input/ Background Investigation (All ranks); (g)Review of Personnel, Training and Internal Affairs records (All ranks); (h)Chief's Interview (All ranks). 1004.11.4 TESTING PROCESS AND SCORING Test Construction: Testing process elements may be developed by any, or any combination of, the following: •Human Resources Department; •Personnel Department; •Management Personnel; and/or •Reputable consulting firms. Scoring: Scored elements of the testing process, for the Sergeant and Agent rank shall include: •Written tests; •Problem solving/ writing exercises; and •Oral examinations. In addition to these elements, scored elements for management ranks may also include practical/ assessment center exercises. Each separate element shall be scored on a percentage basis. Scores shall be rounded off to the nearest 100th of a percentage point. A minimum score of 70% shall be necessary in each phase of the process to proceed to the next level of testing, with the exception that if the same written test is used for both Agent and Sergeant candidates, a score of 80% shall be required for Sergeant candidates. Relative Weight: A relative weight shall be assigned to each scored element of the testing process. Weights for Sergeant and Agent processes shall be: •Written- 30%; •Problem Solving/ Writing Exercise-30%; •Oral Examination- 40%. Relative weights for management processes shall be determined by the Police Chief. Anonymity: In all scored phases of the testing process candidates will be identified by number. Every effort will be made to maintain anonymity between candidates and raters. Written Examinations: •For Sergeant and Agent testing processes, the examination will be validated by a reputable consulting firm, approved by both Department management and PAPOA; •Content of written examinations shall be limited to sources listed on the reading list. Source and page number will be noted on the test; Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 614 •A representative from the Human Resources Department and a member of the Personnel and Training Unit shall be in attendance at the written examination to proctor the examination and to answer any questions that may arise; •Should a candidate elect to challenge any question on the written examination, the candidate may do so based on: the keyed answer being incorrect; more than one answer being correct, or the keyed answer conflicting with Department policy. For Agents' and Sergeants' testing processes, a three-member board to rule on challenged questions will be chaired by a Human Resources representative and will include a PAPOA representative and a representative of the Police Personnel and Training Unit. If, by a majority vote, the board rules in favor of the challenger, the question(s) will be deleted from the exam and all candidates' scores adjusted accordingly. Problem Solving/Writing Assignment: •Candidates shall be required to read and analyze one or more problems and respond as directed; •Problems will be job related and to the extent possible, specific to the promotional position; •To satisfactorily complete the Problem Solving/Writing Assignment, candidates will be required to demonstrate basic proficiency on the City of Palo Alto's designated word processing software, Microsoft Word; •For Agents' and Sergeants' testing processes, Problem Solving/ Writing Assignments shall be scored by a minimum three raters who have been previously approved by Department Management and PAPOA. Raters will receive training prior to the grading process. Raters will work independently. Scores shall be based 33% on written communication skills, 33% on problem solving ability and 33% on judgment and decision making. A candidate's final score shall be the mean (average) of the total scores from each rater. Oral Examinations: •Oral boards for the ranks of Sergeant and Agent shall consist of four members, mutually agreed upon by Department management and PAPOA. One member shall be a Palo Alto Police Department employee. Two members of the oral board shall be selected from outside law enforcement agencies. One member shall be a citizen of good standing from the Palo Alto community. All members selected from law enforcement agencies shall hold a rank at least one rank higher than the position for which they are testing. •Oral examinations shall be "structured" with the questions or problems consistent for each candidate. •Candidates shall be rated on a standardized rating form, which will be available for review, by the candidate at the conclusion of the process. Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 615 Practical/ Assessment Center Exercises (Management Only): •Practical and/or assessment center exercises, prior to being administered, shall be reviewed and approved by a professional personnel specialist. •Assessors will be thoroughly trained prior to practical or assessment center exercises. •Candidates shall be rated on a standardized form, which will be available for review, by the candidate at the conclusion of the process. Staff Input: The Police Chief may solicit input from Police Department staff at the rank of the promotional candidates' immediate supervisor or higher. •Staff input shall include an evaluation of each candidate's previous work performance, knowledge, skills and abilities. •Staff input shall be presented on a standardized form, which shall be available for review, by the candidate at the conclusion of the process. •A thorough background investigation will be conducted on all non-PAPD candidates. Chief's Interview: The Chief's interview shall be the final element in any promotional process. •The Chief's interview may, at the discretion of the Police Chief, include the Assistant Police Chief. •If the Assistant Police Chief is included for any interview, he or she shall be included for all interviews. •The interview shall be structured in nature, consistent for all candidates, and focus on each candidate's relative experience, knowledge, skills, abilities and contributions to the Department. •The Chief's interview will not be scored. •For a single promotion, the Chief will interview the top ten candidates on the final ranking list. For multiple promotions, the Chief will interview a number of candidates equal to the number of promotions plus ten. 1004.11.5 FINAL RANKING LIST (a)Final ranking shall be determined by applying the assigned weights to the scores of the test elements. (b)The names and scores of all candidates with passing scores will be posted in numerical order. (c)If at the time of appointment the final ranking list contains three or less candidates, the chief may, at his or her discretion, elect to promote from the list or to terminate the list. (d)Lists shall automatically expire twelve months after posting. Palo Alto Police Department Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Promotional and Transfer Policy - 616 1004.11.6 COACHING AND FEEDBACK (a)The Personnel and Training Unit shall, no less than twice a year, present a coaching class to assist candidates in preparation for the written, problem solving/writing exercise, oral examinations, and practical/assessment center exercises. (b)The purpose of candidate feedback is to help candidates improve their performance in subsequent promotional processes. Candidates may schedule feedback meetings after any promotional process by contacting the Personnel and Training Unit. The Personnel and Training Unit will review with each candidate that candidate's performance on each element of the promotional process and provide advice on how the candidate might improve performance. 1004.12 POLICY ISSUE DATE Updated: 12-19-16 Updated 3-2-17 Policy 1006 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Grievance Procedure - 617 Grievance Procedure 1006.1 PURPOSE AND SCOPE It is the policy of this department that all grievances be handled quickly and fairly without discrimination against employees who file a grievance whether or not there is a basis for the grievance. Our Department’s philosophy is to promote a free verbal communication between employees and supervisors. 1006.1.1 GRIEVANCE DEFINED A grievance is any difference of opinion concerning terms or conditions of employment or the dispute involving the interpretation or application of any of the following documents by the person(s) affected: •The employee bargaining agreement (Memorandum of Understanding) •This Policy Manual •City rules and regulations covering personnel practices or working conditions Grievances may be brought by an individual affected employee or by a group representative. Specifically outside the category of grievance are complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful harassment, as well as complaints related to allegations of discrimination on the basis of sex, race, religion, ethnic background and other lawfully protected status or activity are subject to the complaint options set forth in the Discriminatory Harassment Policy, and personnel complaints consisting of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law set forth in the Personnel Complaint Policy. 1006.2 PROCEDURE If an employee feels that he or she has a grievance as defined above, then that employee shall attempt to resolve the grievance at the lowest possible level through their chain of command. The employee shall be prepared to present the following: (a)The basis for the grievance, ie, the facts of the case; (b)Allegations of specific wrongful act(s) and harm done; (c)What they would like to accomplish through the grievance. If the grievance cannot be resolved at the lowest level, the employee has the right to pursue their grievance in accordance with their specific bargaining agreement and the City's Merit Rules and Regulations. The grievance procedure is specifically outlined in the City's Merit Rules as well as the specific restrictive time-lines that need to be followed. Palo Alto Police Department Policy Manual Grievance Procedure Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Grievance Procedure - 618 1006.3 EMPLOYEE REPRESENTATION Employees are entitled to have representation during the grievance process. The representative may be selected by the employee from the appropriate employee bargaining group. 1006.4 GRIEVANCE RECORDS At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to Administrative Services for inclusion into a secure file for all written grievances. A second copy of the written grievance will be maintained by the City Manager’s office to monitor the grievance process. 1006.5 GRIEVANCE AUDITS The Personnel and Training Lieutenant shall perform an annual audit of all grievances filed the previous calendar year to evaluate whether or not any policy/procedure changes or training may be appropriate to avoid future filings of grievances. The Personnel and Training Lieutenant shall record these findings in a confidential and generic memorandum to the Chief of Police without including any identifying information from any individual grievance. If the audit identifies any recommended changes or content that may warrant a critical revision to this policy manual, the Personnel and Training Lieutenant should promptly notify the Chief of Police. Policy 1008 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Retaliation - 619 Anti-Retaliation 1008.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members' access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of understanding. 1008.2 POLICY The Palo Alto Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1008.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: •Refusing to hire or denying a promotion. •Extending the probationary period. •Unjustified reassignment of duties or change of work schedule. •Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. •Taking unwarranted disciplinary action. •Spreading rumors about the person filing the complaint or about the alleged wrongdoing. •Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. Palo Alto Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Retaliation - 620 1008.4 COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police or the City Personnel and Training Lieutenant. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member's identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1008.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a)Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (b)Receiving all complaints in a fair and impartial manner. (c)Documenting the complaint and any steps taken to resolve the problem. (d)Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e)Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f)Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g)Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h)Not interfering with or denying the right of a member to make any complaint. (i)Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. Palo Alto Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Retaliation - 621 1008.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a)Communicating to all members the prohibition against retaliation. (b)The timely review of complaint investigations. (c)Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d)The timely communication of the outcome to the complainant. 1008.7 WHISTLE-BLOWING California law protects members who (Labor Code § 1102.5; Government Code § 53296 et seq.): (a)Report a violation of a state or federal statute or regulation to a government or law enforcement agency, including the member's supervisor or any other member with the authority to investigate the reported violation. (b)Provide information or testify before a public body if the member has reasonable cause to believe a violation of law occurred. (c)Refuse to participate in an activity that would result in a violation of a state or federal statute or regulation. (d)File a complaint with a local agency about gross mismanagement or a significant waste of funds, abuse of authority or a substantial and specific danger to public health or safety. Members shall exhaust all available administrative remedies prior to filing a formal complaint. Members are encouraged to report any legal violations through the chain of command (Labor Code § 1102.5). Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Internal Affairs Unit for investigation pursuant to the Personnel Complaints Policy. 1008.7.1 DISPLAY OF WHISTLE-BLOWER LAWS The Department shall display a notice to members regarding their rights and responsibilities under the whistle-blower laws, including the whistle-blower hotline maintained by the Office of the Attorney General (Labor Code § 1102.8). 1008.8 RECORDS RETENTION AND RELEASE The Records Manager shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. Palo Alto Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Anti-Retaliation - 622 1008.9 TRAINING The policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Policy 1010 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reporting of Employee Convictions - 623 Reporting of Employee Convictions 1010.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform official duties. Therefore, all employees shall be required to promptly notify the [Department/Office] of any past and current criminal convictions. The Administrative Services Supervisor shall submit in a timely manner a notice to the Commission on Peace Officer Standards and Training (POST) of any appointment, termination, reinstatement, name change or status change regarding any peace officer, reserve peace officer, public safety dispatcher and records supervisor employed by this [department/office] (11 CCR 1003). The Administrative Services Supervisor shall submit in a timely manner a notice to POST of a felony conviction or Government Code § 1029 reason that disqualifies any current peace officer employed by this [department/office] or any former peace officer if this [department/office] was responsible for the investigation (11 CCR 1003). 1010.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND RESTRAINING ORDERS California and federal law prohibit individuals convicted of, or having an outstanding warrant for, certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Penal Code § 29805). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1010.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS Government Code § 1029 prohibits any person convicted of a felony from being a peace officer in the State of California. This prohibition applies regardless of whether the guilt was established by way of a verdict, guilty or nolo contendre plea. Convictions of certain violations of the Vehicle Code and other provisions of law may also place restrictions on an employee’s ability to fully perform the duties of the job. Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s ability to possess a firearm. Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by members of this [department/office] may be inherently in conflict with law enforcement duties and the public trust. Palo Alto Police Department Policy Manual Reporting of Employee Convictions Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reporting of Employee Convictions - 624 1010.4 REPORTING PROCEDURE All members of this [department/office] and all retired officers with an identification card issued by the [Department/Office] shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest, outstanding warrant or conviction regardless of whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any. All members and all retired officers with an identification card issued by the [Department/Office] shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing if the member or retiree becomes the subject of a domestic violence restraining order or similar court order or becomes the subject of an outstanding warrant. Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any effort to remove such disqualification or restriction shall remain entirely the responsibility of the member on his/her own time and expense. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline. 1010.5 PROCEDURE FOR RELIEF Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry a firearm following a conviction under state law. Federal law, however, does not provide for any such similar judicial relief and the granting of a state court petition under Penal Code § 29855 will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee falling under the restrictions imposed by federal law may only be obtained by expungement of the conviction. Each employee shall seek relief from firearm restrictions on their own time and through their own resources. Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any restraining order, which would thereafter permit the individual to carry a firearm as a part of their employment. Relief from any domestic violence or other restriction shall also be pursued through the employee’s own resources and on the employee’s own time. Pending satisfactory proof of relief from any legal restriction imposed on an employee’s duties, the employee may be placed on administrative leave, reassigned or disciplined. The [Department/ Office] may, but is not required to return an employee to any assignment, reinstate any employee or reverse any pending or imposed discipline upon presentation of satisfactory proof of relief from any legal restriction set forth in this policy. Policy 1011 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Address and Telephone Number Changes - 625 Address and Telephone Number Changes 1011.1 PURPOSE AND SCOPE Employees are subject to "call" on a twenty-four (24) hour basis to ensure that major events have an adequate response. Therefore, it shall be the Palo Alto Police Department's policy that all employees shall have a telephone at their primary residence. Further, it is imperative that the "call- up" list be maintained and kept current. 1011.2 PROCEDURE All employees of the Palo Alto Police Department shall report any change in their address or telephone number within twenty-four (24) hours. Such information shall be directed to the employee's immediate supervisor and the Personnel and Training Lieutenant in writing. Policy 1012 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Drug- and Alcohol-Free Workplace - 626 Drug- and Alcohol-Free Workplace 1012.1 PURPOSE AND SCOPE The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace. 1012.2 POLICY It is the policy of this [department/office] to provide a drug- and alcohol-free workplace for all members. 1012.3 GENERAL GUIDELINES Alcohol and drug use in the workplace or on [department/office] time can endanger the health and safety of [department/office] members and the public. Such use shall not be tolerated (41 USC § 8103). Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Watch Commander or appropriate supervisor as soon as the member is aware that he/she will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be immediately removed and released from work (see Work Restrictions in this policy). 1012.3.1 USE OF MEDICATIONS Members should avoid taking any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to his/her immediate supervisor prior to commencing any on- duty status. No member shall be permitted to work or drive a vehicle owned or leased by the [Department/ Office] while taking any medication that has the potential to impair his/her abilities, without a written release from his/her physician. 1012.3.2 USE OF MARIJUANA Possession of marijuana, including medical marijuana, or being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action. 1012.4 MEMBER RESPONSIBILITIES Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on [department/office] premises or on [department/office] time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition. Palo Alto Police Department Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Drug- and Alcohol-Free Workplace - 627 Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance. Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use. Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 1012.5 EMPLOYEE ASSISTANCE PROGRAM There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Personnel and Training, their insurance providers or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems. 1012.6 WORK RESTRICTIONS If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work. If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the [Department/Office]. 1012.7 REQUESTING SCREENING TESTS The supervisor may request an employee to submit to a screening test under the following circumstances: (a)The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing his/her ability to perform duties safely and efficiently. (b)The employee discharges a firearm, other than by accident, in the performance of his/ her duties. (c)During the performance of his/her duties, the employee drives a motor vehicle and becomes involved in an incident that results in bodily injury to him/herself or another person, or substantial damage to property. Palo Alto Police Department Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Drug- and Alcohol-Free Workplace - 628 1012.7.1 SUPERVISOR RESPONSIBILITY The supervisor shall prepare a written record documenting the specific facts that led to the decision to request the test, and shall inform the employee in writing of the following: (a)The test will be given to detect either alcohol or drugs, or both. (b)The result of the test is not admissible in any criminal proceeding against the employee. (c)The employee may refuse the test, but refusal may result in dismissal or other disciplinary action. 1012.7.2 SCREENING TEST REFUSAL An employee may be subject to disciplinary action if he/she: (a)Fails or refuses to submit to a screening test as requested. (b)After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that he/she took the controlled substance as directed, pursuant to a current and lawful prescription issued in his/her name. (c)Violates any provisions of this policy. 1012.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the [Department/Office] will take appropriate disciplinary action, up to and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104). 1012.9 CONFIDENTIALITY The [Department/Office] recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the member involved or pursuant to lawful process. The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained separately from the employee’s other personnel files. 1012.10 POLICY ISSUE DATE Updated: 1-18-17 Policy 1014 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sick Leave - 629 Sick Leave 1014.1 PURPOSE AND SCOPE Employees of this department are provided with a sick leave benefit that gives them continued compensation during times of absence due to personal or family illness. The number of hours available and terms of use are detailed in the employee’s respective personnel manual or applicable collective bargaining agreement. In the event an employee is sick and has depleted his/her sick leave balance, he/she may be placed in an unpaid status for missed work. This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) , the California Family Rights Act, leave related to domestic violence, sexual assault, stalking or for organ or bone marrow donor procedures (29 CFR 825; Government Code § 12945.2; Labor Code § 230.1; Labor Code § 1510). 1014.2 EMPLOYEE RESPONSIBILITIES Sick leave may be used for absences caused by illness, injury, diagnosis, care or treatment for existing health conditions, temporary disability (including pregnancy/maternity), or for medical, dental or vision exams or medical treatment of the employee or the employee's immediate family when it is not possible to schedule such appointments during non-working hours. Sick leave is not considered vacation, and abuse of sick leave may result in discipline and/or denial of sick-leave benefits. Employees on sick leave shall not engage in other employment or self- employment, or participate in any sport, hobby, recreational or other activity which may impede recovery from the injury or illness. Upon return to work, employees shall complete and submit a leave request describing the type of leave used and the specific amount of time taken. 1014.2.1 NOTIFICATION All employees scheduled to work in the Field Services Division are required to call Communications and report their absence. The call taker will create a call for service and route it to the on-duty supervisor for handling. The on-duty supervisor is responsible for ensuring any staffing deficiencies are filled. All other Department employees are required to contact the appropriate supervisor to report their absence. All employees are encouraged to report their absence as soon as they are aware that they will not be able to report to work. Barring an emergency, employees shall make such notification no less than one hour before the start of their scheduled shift. If an employee is unable to make the appropriate notification,every effort should be made to have a representative call on his/her behalf. When the necessity for leave is foreseeable, such as an expected birth or planned medical treatment, the employee shall, whenever possible, provide the Department with no less than 30- days' notice of the intent to take leave (Labor Code § 246). Palo Alto Police Department Policy Manual Sick Leave Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sick Leave - 630 Sworn personnel assigned to training, such as Sergeants' meetings or CPTs, shall contact the Personnel and Training Supervisor or Lieutenant to report his/her absence. 1014.3 EXTENDED ILLNESS Employees on extended absences shall, if possible, contact their unit supervisor at three-day intervals to provide an update on their absence and expected date of return. Employees absent from duty due to personal illness in excess of three consecutive days may be required to furnish a statement from their health care provider supporting the use of sick leave and/or the ability to return to work. Nothing in this section precludes a supervisor, with cause, from requiring a health care provider’s statement if three or fewer sick days are taken after the first three days of paid sick leave are used in a 12-month period. 1014.4 SUPERVISOR RESPONSIBILITY Supervisors should monitor sick leave usage and regularly review the attendance of employees under their command to ensure that the use of sick leave is consistent with this policy. Supervisors should address sick-leave use in the employee’s performance evaluation when it has negatively affected the employee’s performance or ability to complete assigned duties, and when unusual amounts of sick leave by the employee has had a negative impact on department operations. When appropriate, supervisors should counsel employees regarding the excessive use of sick leave and should consider referring the employee to the Employee Assistance Program. 1014.5 REQUIRED NOTICES The Personnel and Training Lieutenant shall ensure: (a)Written notice of the amount of paid sick leave available is provided to employees as provided in Labor Code § 246. (b)A poster is displayed in a conspicuous place for employees to review that contains information on paid sick leave as provided in Labor Code § 247. 1014.6 POLICY ISSUE DATE Updated: 1-18-17 Policy 1016 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communicable Diseases - 631 Communicable Diseases 1016.1 PURPOSE AND SCOPE This policy provides general guidelines to assist in minimizing the risk of [department/office] members contracting and/or spreading communicable diseases. 1016.1.1 DEFINITIONS Definitions related to this policy include: Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis. Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member’s position at the Palo Alto Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1016.2 RESPIRATORY PROTECTION PROGRAM 1016.2.1 PURPOSE AND SCOPE The Palo Alto Police Department is committed to preventing injury and illness in the workplace and makes every effort to protect our employees from harmful airborne substances. The Department has determined that employees may be exposed to certain airborne hazards like riot control agents and Tuberculosis during routine and emergency situations. The purpose of this program is to ensure that police employees are protected from exposure to respiratory hazards. This general order establishes a respiratory protection program for police personnel. This program will comply with the California Code of Regulations, Title 8, § 5144, Respiratory Protection. 1016.2.2 APPLICATION This program applies to all police personnel who are required to wear respirators during normal work operations and during emergency situations. Participation in this program is mandatory for all reserve officers, officers, agents, sergeants, and lieutenants. Any employee who voluntarily wears a respirator or filtering face piece, when a respirator is not required is subject to the medical evaluation, fit test, cleaning, maintenance, and storage elements of this program. Employees participating in the respiratory protection program do so at no cost. The expense associated with the training, medical evaluations and respiratory protection equipment will be borne by the City of Palo Alto. 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 - 632 1016.2.3 POLICY Employees will use their respirators under conditions specified by this policy, and in accordance with the training they receive on the use of each model. In addition, the respirator shall not be used in a manner for which it is not certified by NIOSH or by its manufacturer. 1016.2.4 RESPONSIBILITIES (a)Program Administrator: The Program Administrator is responsible for administering the respiratory protection program. The Safety Officer is the Program Administrator for the City of Palo Alto. Duties of the Program Administrator includes: 1.Evaluate respiratory hazards; 2.Arrange for qualitative fit testing using an accepted OSHA protocol; 3.Administer the medical surveillance program; 4.Maintain records required by the program; 5.Evaluate the program; 6.Update the written program, as needed; (b)Police Department Coordinator: The Field Services Captain will assign one member of the Department to act as the Police Department's respiratory protection program coordinator. Duties of the Program Coordinator includes: 1.Purchase, maintain and inventory of respirators and filter canisters; 2.Coordinate with the Program Administrator on how to address respiratory hazards or other concerns regarding the program; 3.Ensure employees attend the required training; 4.Identify work areas and tasks that require workers to wear respirators; 5.Select respiratory protection options; 6.Ensure proper storage and maintenance of respiratory protection equipment; 7.Ensure that employees under their supervision (including new hires) have received the appropriate training, fit testing, and annual medical evaluation; 8.Ensure the availability of appropriate respirators and accessories; 9.Awareness of tasks requiring the use of respiratory protection; 10.Enforce the proper use of respiratory protection when necessary; 11.Ensure that respirators are properly cleaned, maintain, and stored according to manufacturers specifications; 12.Continually monitor work areas to identify respiratory hazards. 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 - 633 (c)Employees: It is the responsibility of the employee to have an awareness of the respiratory protection requirements for his or her work areas in accordance with the City's respiratory protection program. Employees are responsible for wearing the appropriate respiratory equipment according to instructions. Employees are also responsible to observe all factors and conditions required to demonstrate a good respirator fit and adequate face seal. Employees must also: 1.Care for and maintain respiratory protection equipment as instructed; 2.store respiratory protection equipment in a clean and sanitary location; I 3.Inform their supervisors, if the respirator no longer fits well and to request a new one that fits properly; 4.Inform their supervisor or the Program Administrator of any respiratory hazards that they feel is not adequately addressed in the workplace and of any concerns that they have regarding the program; 1016.2.5 WORKPLACE EXPOSURE ASSESSMENT The type of airborne hazards presented to police personnel occurs in situations where engineering controls are not feasible or adequate. Control of airborne hazards through employee's use of respirators will provide emergency protection against occasional and relatively brief exposures. The results of the current hazard evaluation have identified the following potential exposure risks: (a)Potential risk of exposure to CN and CS gas during enforcement and training. The Department utilizes both CN and CS gas. The gas can be delivered by shotgun grenades and via a 37mm launcher. The deployment of CN and CS gas is restricted to members of the Special Weapons and Tactics Team (SWAT); however, it is recognized that CN and CS gas can spread and affect other people in the area. Properly worn full-face purifying respirators are effective for protecting the eyes, nose, mouth, and throat from CN and CS gas. (b)Potential risk of exposure to OC spray during enforcement and training. The Department utilizes OC spray in MK-3 canisters for use by individual officers, and large area foggers are used by SWAT for crowd control. Properly worn full-face air purifying respirators are effective for protecting the eyes, nose, mouth, and throat from OC spray. (c)Potential risk of exposure to tuberculosis (TB) while interacting with individuals likely to be infected. The use of a one half face respirator has been shown to be effective in protecting the wearer from TB. 1016.2.6 RESPIRATORY EQUIPMENT SELECTION AND USE There are two different pieces of equipment that fall under the category of respirators that Palo Alto Police Department field employees shall be provided: 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 - 634 (a)The first is a full-face air purifying respirator, commonly known as a gas mask, which will be the MSA Advantage 1000 or similar respirator. This full-face respirator is to be used to protect the employee from chemical agents such as CN and CS. The employee is advised that the full-face respirator is National Institute for Occupational Safety and Health (NIOSH) certified to protect against CN and CS, and is effective but not certified in protecting against OC, Sarin, Hydrogen Cyanide, and other chemicals. The respirator is not intended to protect against all Weapons of Mass Destruction type agents and does not supply its own oxygen. (b)The second type of respirator supplied to field employees is the one half face N95 respirator. This respirator closely resembles a mesh surgical mask or dust mask and is intended to protect the employee against Tuberculosis (TB.) The one half face N95 respirator will be the 3M respirator or similar product. The one half face respirator is not designed to protect the wearer against chemical agents but rather is useful in protecting the wearer from contracting TB from a TB victim. These one half face respirators shall be kept in the patrol and CSO vehicle first aid kits. A field employee may retain extra one half face masks if they desire. The N95 filters exhaled air outside the mask so logically the mask would not be appropriate to place on a TB victim. The mask is instead only for use by the employee. 1016.2.7 REQUIREMENTS Reserves, officers, agents, sergeants, and lieutenants will be issued air-purifying respirators. These employees are required to have their respirators available in the field when working uniformed assignments. One half face TB respirators will be kept in vehicle first aid kits. Reserves, officers, agents, sergeants, and lieutenants should make every effort to wear their respirators in situations involving harmful exposures. It is recognized that in emergency situations, employees may be unable to obtain and don a respirator prior to deploying harmful agents such as CN, CS and OC. Employees should take appropriate action to avoid exposure. Respirators should be obtained and worn as soon as practical. All respirators must be certified by NIOSH and shall be used in accordance with the terms of that certification. All filters, cartridges, and canisters must be labeled with the appropriate NIOSH approval label. The label must not be removed or defaced while it is in use. Air-purifying respirators should not be used under the following conditions: (a)When contaminants have poor warning properties; that is, when the contaminant can not be recognized by taste, smell or irritation at or below the permissible exposure limits; (b)In oxygen-deficient atmospheres (below 19.5%); (c)In atmospheres Immediately Dangerous to Life or Health (IDLH); and (d)Atmospheres in which short exposures would cause death, injury or delayed reaction; 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 - 635 When there is a respirator selection question remember to refer to the Material Safety Data Sheet for the appropriate personal protective equipment. 1016.2.8 USER SEAL CHECK All employees shall conduct user seal checks each time they wear their respirator. Employees shall use the positive and negative pressure check specified in this policy. The individual who uses a tight-fitting respirator is to perform a user seal check to ensure that an adequate seal is achieved each time the respirator is put on. Either the positive and negative pressure checks listed in this policy, or the respirator manufacturer's recommended user seal check method shall be used. User seal checks are not substitutes for qualitative or quantitative fit tests. 1016.2.9 FACE PIECE POSITIVE PRESSURE CHECK Close off the exhalation valve and exhale gently into the face piece. The face fit is considered satisfactory if a slight positive pressure can be built up inside the face piece without any evidence of outward leakage of air at the seal. For most respirators this method of leak testing requires the wearer to first remove the exhalation valve cover before closing off the exhalation valve and then carefully replacing it after the test. 1016.2.10 FACE PIECE NEGATIVE PRESSURE CHECK Close off the inlet opening of the canister or cartridge(s) by covering with the palm of the hand(s) or by replacing the filter seal(s), inhale gently so that the face piece collapses slightly, and hold the breath for ten seconds. The design of the inlet opening of some cartridges cannot be effectively covered with the palm of the hand. The test can be performed by covering the inlet opening of the cartridge with a thin latex or nitrile glove. If the face piece remains in its slightly collapsed condition and no inward leakage of air is detected, the tightness of the respirator is considered satisfactory. 1016.2.11 MANUFACTURER'S RECOMMENDED USER SEAL CHECK The respirator manufacturer's recommended procedures for performing a user seal check may be used instead of the positive and/or negative pressure check procedures provided. 1016.2.12 RESPIRATOR CLEANING PROCEDURES These procedures are provided for employer/employee use when cleaning respirators. They are general in nature, and the employer/employee as an alternative may use the cleaning recommendations provided by the manufacturer of the respirators. The Department must ensure that the respirator is properly cleaned and disinfected in a manner that prevents damage to the respirator and does not cause harm to the user. (a)CLEANING PROCEDURES: 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 - 636 1.Remove filters, cartridges, or canisters. Disassemble face-pieces by removing speaking diaphragms, demand and pressure-demand valve assemblies, hoses, or any components recommended by the manufacturer. 2.Discard or repair any defective parts. 3.Wash components in warm (43 deg. C [110 deg. F] maximum) water with a mild detergent or with a cleaner recommended by the manufacturer. 4.A stiff bristle (not wire) brush may be used to facilitate the removal of dirt. 5.Rinse components thoroughly in clean, warm (43 deg. C [110 deg. F] maximum), preferably running water. Drain. (b)DISINFECTING-When the cleaner used does not contain a disinfecting agent, respirator components should be immersed for two minutes in one of the following: 1.Hypochlorite solution (50 ppm of chlorine) made by adding approximately one milliliter of laundry bleach to one liter of water at 43 deg. C (110 deg. F); 2.Aqueous solution of iodine (50 ppm iodine) made by adding approximately 0.8 milliliters of tincture of iodine (6-8 grams ammonium and/or potassium iodide/100 cc of 45% alcohol) to one liter of water at 43 deg. C (110 deg. F); 3.Other commercially available cleansers of equivalent disinfectant quality when used as directed, if their use is recommended or approved by the respirator manufacturer. (c)COMPLETION: 1.Rinse components thoroughly in clean, warm (43 deg. C [110 deg. F] maximum), preferably running water. Drain. The importance of thorough rinsing cannot be overemphasized. Detergents or disinfectants that dry on facepieces may result in dermatitis. In addition, some disinfectants may cause deterioration of rubber or corrosion of metal parts if not completely removed. 2.Components should be hand-dried with a clean lint-free cloth or air-dried. Reassemble face piece, replacing filters, cartridges, and canisters where necessary. 3.Test the respirator to ensure that all components work properly. 1016.2.13 FILTER REPLACEMENT SCHEDULE Filters will be stored in their sealed pouches until such time as an employee needs to deploy a respirator. Opened filters that have not been exposed to a hazardous substance will be replaced after 40 hours use. Opened filters that have been exposed, or that may have been exposed to a hazardous substance, will be replaced after 10 hours use. 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 - 637 SWAT officers who expose their filters to live chemical agents at yearly trainings shall discard the exposed filter after training and be issued a sealed new one. Unopened filters will be replaced every two years. 1016.2.14 MEDICAL AND FIT TESTING Employees who are either required to wear respirators, or who choose to wear a respirator voluntarily, must pass a medical exam before being permitted to wear a respirator on the job. The POST pre-employment exam covering respiratory protection will satisfy this requirement. Those employees will also be required to undergo qualitative TBN95 mask fit testing and a quantitative fit test for the full face mask to ensure a proper seal against the face. Medical and fit tests will be conducted in accordance with the City's policy. Respirators cannot be worn when conditions prevent a good seal between the face of the wearer and the seal area of the respirator. Facial hair, sideburns, moustaches, long hairlines, or bands can pass between the sealing surface of the face piece and the face thus interfering with the function of the respirator valve(s) causing leakage of air or preventing air from entering the face piece on demand. Moustaches, small sideburns, hair length, and "Van Dyke" type beards are acceptable if they are worn in a manner so as not to come between the skin and the sealing surfaces of the respirator. All affected employees must comply with these regulations. No exceptions will be made. 1016.2.15 EMPLOYEE SAFETY All employees will be permitted to leave the respirator use area to wash their face and respirator face piece as necessary to prevent irritation associated with respirator use; if they detect vapor or gas breakthrough; changes in breathing resistance; or leakage of the face piece. They may also leave to replace the respirator, cartridges, or canister elements. 1016.3 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes: (a)Exposure-prevention and decontamination procedures. (b)Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure. (c)The provision that [department/office] members will have no-cost access to the appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) for each member’s position and risk of exposure. (d)Evaluation of persons in custody for any exposure risk and measures to separate them (15 CCR 1051; 15 CCR 1207). (e)Compliance with all relevant laws or regulations related to communicable diseases, including: 1.Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136). 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 - 638 2.Bloodborne pathogen mandates including (8 CCR 5193): (a)Sharps injury log. (b)Needleless systems and sharps injury protection. 3.Airborne transmissible disease mandates including (8 CCR 5199): (a)Engineering and work practice controls related to airborne transmissible diseases. (b)Distribution of appropriate personal protective equipment to minimize exposure to airborne disease. 4.Promptly notifying the county health officer regarding member exposures (Penal Code § 7510). 5.Establishing procedures to ensure that members request exposure notification from health facilities when transporting a person that may have a communicable disease and that the member is notified of any exposure as required by Health and Safety Code § 1797.188. 6.Informing members of the provisions of Health and Safety Code § 1797.188 (exposure to communicable diseases and notification). (f)Provisions for acting as the designated officer liaison with health care facilities regarding communicable disease or condition exposure notification. The designated officer should coordinate with other [department/office] members to fulfill the role when not available. The designated officer shall ensure that the name, title and telephone number of the designated officer is posted on the [Department/Office] website (Health and Safety Code § 1797.188). The ECO should also act as the liaison with the Division of Occupational Safety and Health (Cal/ OSHA) and may request voluntary compliance inspections. The ECO shall annually review and update the exposure control plan and review implementation of the plan (8 CCR 5193). 1016.4 EXPOSURE PREVENTION AND MITIGATION 1016.4.1 GENERAL PRECAUTIONS All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to (8 CCR 5193): (a)Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area or [department/office] vehicles, as applicable. (b)Wearing [department/office]-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non-intact skin can be reasonably anticipated. (c)Washing hands immediately or as soon as feasible after removal of gloves or other PPE. 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 - 639 (d)Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease. (e)Using an appropriate barrier device when providing CPR. (f)Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease. (g)Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure. 1.Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/ decontaminated appropriately. (h)Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation. (i)Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j)Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored. 1016.4.2 IMMUNIZATIONS Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (8 CCR 5193). 1016.5 TRAINING All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training (8 CCR 5193): (a)Shall be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b)Shall be provided whenever the member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease. (c)Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs. 1016.6 CONFIDENTIALITY OF REPORTS Medical information shall remain in confidential files and shall not be disclosed to anyone without the member’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well. 1016.7 POST EXPOSURE