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.
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Policy Manual
Technical Services Division
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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
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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.
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Policy Manual
Restoration of Firearm Serial Numbers
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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
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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.
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Records Maintenance and Release
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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
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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.
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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).
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Records Maintenance and Release
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(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.
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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.
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(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
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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.
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(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.
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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
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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.
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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.
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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
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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.
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(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.
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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
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(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.
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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
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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.
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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.
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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.
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Chapter 9 - Custody
Policy
900
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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).
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(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.
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(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.
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(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
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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.
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(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.
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(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.
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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.
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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.
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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.
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(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
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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.
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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
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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.
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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.
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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
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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
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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
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•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).
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(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).
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(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:
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(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.
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(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
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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
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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
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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.
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•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.
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Chapter 10 - Personnel
Policy
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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:
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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)
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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
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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
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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
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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
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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.
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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.
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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
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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;
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(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
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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;
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(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.
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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;
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(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
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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.
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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
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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.
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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;
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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);
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(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;
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•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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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).
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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
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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.
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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.
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(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:
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(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;
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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:
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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.
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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).
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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.
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(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