Seattle Pd Policy and Procedure Manual 2007
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Seattle Police Department Policy & Procedure Manual Title 1-Department Structure and Function Title 2-Department Employment Title 3-Employee Welfare Title 4-Timekeeping Title 5-Employee Conduct Title 6-Search and Seizure Title 7-Evidence and Property Title 8-Firearms Title 9-Equipment and Uniforms Title 10-Police Facilities & Security Title 11-Department Oversight Title 12-Department Information Systems Title 13-Vehicle Operations Title 14-Emergency Operations Title 15-Preliminary Investigation Title 16-Juvenile Procedures Title 17-Patrol Operations Department Policy and Procedures Table of Contents Law Enforcement Code of Ethics Title 1-Department Structure and Function 1.010 Authority and Jurisdiction 1.020 Budget 1.030 Chain of Command 1.040 Department Mission Statement and Priorities 1.050 Functional Structure and Command of the Department 1.060 General Information and Definitions 1.070 Media Relations 1.080 Mutual Assistance 1.090 Organization and Function-Administration 1.100 Organization and Function-Chief of Police 1.110 Organization and Function-Operations 1.119 Unit Number Assignments 1.120 Organizational Structure and Unit Assignment Numbers 1.130 Patrol Operations Order (OP) 1.140 Special Event Planning 1.160 University of Washington (pre-Spider-1.065) (OP) Department Policy and Procedures Table of Contents Title 2-Department Employment 2.010 Appointment of Civilian Personnel 2.020 Appointments, Probation and Evaluations 2.030 Retirements and Separations 2.040 Special Recruit Program 2.050 Collective Bargaining and Contract Management 2.060 Grievances Department Policy and Procedures Table of Contents Title 3-Employee Welfare 3.010 Alcohol and Substance Use 3.030 Americans with Disabilities Act (ADA) 3.035 Reasonable Accommodation (ADA) 3.050 Coordinating Officer Fatalities 3.070 Early Intervention System (EIS) 3.080 Education and Travel Procedures 3.090 Employee Recognition Awards Program 3.160 Honor Guard 3.170 Honoring Those Killed in the Line of Duty 3.180 Illness and Injury 3.200 Limited Duty Assignments 3.250 Personnel Assistance Committee 3.260 Physical Fitness 3.270 Police Charity Committee 3.280 Pregnancy 3.290 Pre-Service/In-Service and Specialized Training 3.320 Training Review Committee 3.330 Workplace Safety Department Policy and Procedures Table of Contents Title 4-Timekeeping 4.010 Absence from Duty 4.020 Court Appearances and Overtime 4.030 Family and Medical Leave 4.040 Holiday Schedule and Vacation Time Accrual 4.050 Leave of Absence 4.060 Military Leave 4.070 Operations Bureau Timekeeping 4.080 Out of Classification 4.090 Overtime 4.100 Restricted Time Off 4.110 Timekeeping-General (OP) Department Policy and Procedures Table of Contents Title 5-Employee Conduct 5.001 Standards and Duties 5.010 Civil Actions 5.030 Criminal Case Testimony 5.040 EEO Complaints and Investigations 5.050 Employee Involvement Committees and JLMC 5.060 Employee Political Activity 5.080 Harassment in the Workplace 5.090 Operations Bureau General Personnel Maters (OP) 5.100 Operations Bureau Individual Responsibilities (OP) 5.120 Secondary Employment 5.130 Supervisor/Employee Relationships 5.140 Unbiased Policing 5.150 Use of Private Vehicles for City Business Department Policy and Procedures Table of Contents Title 6-Search and Seizure 6.010 Arrest Procedures (pre Spider 2.001) 6.020 Arrests and Detentions of Foreign Nationals 6.030 Body Cavity Searches 6.040 Booking Procedures 6.050 Citizen Arrests 6.060 Collection of Information for Law Enforcement Purposes 6.070 Detainee Management 6.071 Prisoner Handling and Transport 6.075 Interview and Interrogation Rooms 6.080 Foreign Nationals Seeking Asylum 6.090 Full Restraint Position 6.100 Guarding Hospitalized Prisoners 6.110 Hazard Reports 6.120 Impounding Vehicles 6.130 Informant Management 6.150 Miranda Warnings 6.160 Police Action on Military Reservations 6.170 Recordings 6.180 Searches-General 6.190 Service of Search Warrants Outside of City 6.210 Strip Searches 6.220 Social Contacts, Terry Stops and Arrests 6.230 Tickets 6.235 Traffic Enforcement 6.240 Use of Force 6.250 Use of Non-SPD Canines 6.260 Vehicle Evidence and Seizures 6.270 Vehicle Pursuits 6.280 Warrant Arrests (pre Spider 1.147) (pre Spider 1.145) (pre Spider 2.017) (pre Spider 2.010) Department Policy and Procedures Table of Contents Title 7-Evidence and Property 7.010 Converting Property-Evidence for Departmental Use 7.020 Evidence, Private Property collection & Release 7.030 Film, Polaroid, Digital & Video Imaging 7.040 Fingerprints 7.050 Firearms as Evidence 7.060 Investigatory Holds of Vehicles 7.070 Narcotics & Firearms Evidence Released for Training Canines 7.080 Physical Evidence 7.090 Evidence Money Submission Department Policy and Procedures Table of Contents Title 8-Firearms 8.010 Department Firearms Management 8.020 Domestic Violence Firearms 8.030 Firearms 8.040 Firearms in the King County Courthouse 8.050 Holster 8.060 Officer Discharge of Firearm 8.070 Rifle Policies and Safety 8.080 Shotgun Safety Department Policy and Procedures Table of Contents Title 9-Equipment and Uniforms 9.020 Employee Dress Standards 9.030 Uniform & Equipment Reimbursement 9.040 Uniform Illustrations 9.050 Uniforms & Equipment (Police Officer) Department Policy and Procedures Table of Contents Title 10-Police Facilities & Security 10.010 Parking at Department Facilities 10.020 Physical Security of Police Facilities 10.030 Precinct Trusty Protocol 10.050 Care and Use of City Equipment & Property (pre-Spider-1.197) Department Policy and Procedures Table of Contents Title 11-Department Oversight 11.001 Public & Internal Complaint Process 11.010 Collision Review Board 11.020 Firearms Qualification Review Board 11.030 Firearms Review Board 11.040 Inspections Department Policy and Procedures Table of Contents Title 12-Department Information Systems 12.010 Communications 12.030 Computer Hardware & Devices 12.040 Computer Software 12.050 Criminal Records 12.060 Department Forms Control 12.070 Department Publications 12.080 Department Records Access, Inspection & Dissemination 12.090 Departmental Correspondence 12.091 Mobile Reporting Entity (MRE) Laptops 12.100 Records Inventory, Retention & Disposal 12.110 Use of Department E-mail & Internet Systems 12.120 Telephone & Facsimile Machine Use Department Policy and Procedures Table of Contents Title 13-Vehicle Operations 13.010 Collisions Involving City Vehicles 13.020 Driver Training Accidents 13.030 Emergency Vehicle Operations 13.040 Patrol Operations Equipment, Police Vehicles & Facilities (OP) 13.050 Policing by Mountain Bike 13.060 Specialty Vehicles & Equipment 13.080 Use of Department Vehicles Department Policy and Procedures Table of Contents Title 14-Emergency Operations 14.010 After-Action Reports 14.040 Hazardous Conditions 14.060 Serious Incident Plan 14.070 Serious Injury or Fatality to a Police Officer 14.080 Task Force Mobilization 14.090 Unusual Occurrences Department Policy and Procedures Table of Contents Title 15-Preliminary Investigation 15.010 Arson Investigations 15.055 Death Investigations (Non Traffic) 15.080 Follow-up Unit Notification & Follow-up Investigation 15.100 Kidnapping 15.120 Malicious Harassment 15.130 Missing Persons 15.140 Narcotics Activity Report 15.150 Narcotics 15.180 Primary Investigations 15.190 Stolen Vehicles 15.200 Retail Theft Program (pre Spider 3.097) (OP) (pre Spider 2.025) Department Policy and Procedures Table of Contents Title 16-Juvenile Procedures 16.020 Child Welfare 16.030 Children in Dangerous Circumstances 16.040 Juvenile Investigations & Arrests Department Policy and Procedures Table of Contents Title 17-Patrol Operations 17.010 Anti Crime Teams 17.020 Adult Entertainment 17.030 Alley Closure 17.040 Animal Control 17.050 Boating Accidents 17.060 Breath & Blood Alcohol Content Tests 17.080 Citizen Rider Program 17.090 Collision Investigations 17.100 Community Police Teams 17.110 Criminal Trespass 17.140 Death Notifications 17.150 Disorderly Conduct Bus/Bus Stop 17.170 DUI Investigations 17.190 Extraordinary Street Closures 17.200 Alarm Response 17.210 Fireworks Disposal & Disposition 17.220 Fish & Game Enforcement 17.260 In Car Video 17.270 Interpreters/Translators 17.330 Operations Bureau Training and Publications 17.350 Public Urination & Defecation 17.380 Response to King County Buildings 17.400 Sick & Injured Persons 17.405 Traffic Direction & Control 17.430 Snow & Ice Plan 17.440 Stay Out of Areas of Prostitution (SOAP) 17.450 Stay Out of Drug Areas (SODA)-Define Boundaries 17.460 Street Vendors 17.470 Unlawful Possession of Liquor 17.480 Unlawful Signs (OP) (OP) (OP) (OP) Law Enforcement Code of Ethics The Seattle Police Department Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve humanity; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional right of all people to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner which brings credit to myself and my agency. I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the law, and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal bias, prejudices, political beliefs, animosities, aspirations, or friendships to improperly influence my decisions. I will always remember my shared humanity and will cultivate an attitude of compassion, respect, and empathy toward all peoples. With no compromise for crime and with relentless prosecution of criminals, I will enforce the laws courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I will never engage in acts of bribery nor will I condone such acts by others. I will cooperate with all legally constituted agencies and their representatives, in the pursuit of justice and the maintenance of integrity in law enforcement. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held only so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before all I hold sacred, to my chosen profession....law enforcement. Adopted from The International Association Of Chief’s of Police Law Enforcement Code of Ethics, 1957 xix Oath of Office Oath of Office I . . . . . . . . . . . . . . . being first duly sworn, on oath depose and say, that I am the person appointed on . . . . . . . . to the (Office) (Position) of . . . . . . . . . . . . of the City of Seattle, in the State of Washington, and that I possess all the qualifications prescribed for said (Office) (Position) by the Charter of the Constitution of the State of Washington, and the Charter and Ordinances of the City of Seattle; that during the time I hold said (Office) (Position) I will faithfully comply with and abide by all the requirements of Section 10 of Article XIX of the said Charter of the City of Seattle and that I will faithfully demean myself in my said (Office) (Position). ............................ Subscribed and sworn to before me this . . . . . . day of . . . . . . . . . . . . , . . . . . . . . . . Comptroller and City Clerk By . . . . . . . . . . . . . . . . . . . . Deputy Clerk xx Seattle Police Department Policies and Procedures Title: Section 1.010 Chapter: 1 - Department Structure and Function 010 – Authority and Jurisdiction REFERENCES CALEA standards 1.2.1, 34.1.2 I. Municipalities A. The Washington State Constitution provides for the incorporation of municipalities. Cities having a population of ten thousand or more inhabitants are designated as First Class Cities (RCW 35.22.010)and shall be governed and organized according to the law in accordance with the State Constitution (Article 11, Section 10, Amendment 40B.The form of the organization and the manner and mode in which cities of the first class shall exercise the powers, functions and duties conferred upon them by law, with respect to their own government, shall be as provided in the charters thereof (RCW 35.22.020). II. Mayor, Powers and Duties A. The Mayor shall see that the laws of the City are enforced, and shall direct and control all subordinate officers of the City, except in so far as such enforcement, direction and control is by this charter reposed in some other officer or board, and shall maintain peace and order in the City. B. The mayor shall be the judge in any emergency, and may assume command of all or any part of the police force of the City. Before assuming such control, the mayor shall issue a proclamation to that effect, and it shall be the duty of the Chief of Police to execute orders promulgated by the mayor during such emergency. C. The mayor shall perform such other duties and exercise such other authority as may be prescribed by law (City Charter, Article V, Section 2). III. Chief of Police and Police Officers, Powers and Duties A. The Chief of Police shall manage the Police Department, and shall prescribe rules and regulations, consistent with law, for its government and control; provided, that the Chief of Police shall be responsible to the Mayor for the administration of the Police Department and the enforcement of law (City Charter, Article VI, Section 4). B. The Chief of Police shall be the chief peace officer of the City. All process issued by the police judge of the City shall be directed to the Chief of Police for service, and may be served and returned by the Chief or any peace officer. The Chief of Police shall maintain the peace and quiet of the City. The Chief shall have like powers and responsibilities as the Sheriff of King County in similar cases, and shall perform such other duties as may be imposed by ordinance (City Charter, Article VI, Section 5, First). C. The Chief of Police or any police officer may make arrests for any crime or violation of the laws of the State, or any ordinance of the City committed within the City. The Chief of Police shall keep a correct record of all arrests, showing the time and cause of complaint upon which each arrest was made, with a list and description of all property and money taken from each person (City Charter, Article VI, Section 5, Second). Effective Date: 3/11/02 Page 1 of 2 Authority and Jurisdiction Section 1.010 D. The Chief of Police shall be responsible for all property and money taken from any person. The Chief shall be liable therefore on the official bond, and any person may recover for loss of any such property or money in an action brought for that purpose (City Charter, Article VI, Section 5, Third). E. The Chief of Police and duly authorized deputies and assistants acting on the Chief’s behalf shall function as the Port Warden of the City and assume control and jurisdiction over all waters within the City limits, and shall maintain safety and enforce the ordinances and regulations of the Harbor Code as described in Chapters 16.04 and 16.12, of the Seattle Municipal Code. IV. Police Department Organization A. The Police Department shall consist of a Chief of Police and as many subordinate officers and employees as may by ordinance be prescribed. There shall be maintained adequate police protection in each district of the City (City Charter, Article VI, Section 1). V. Appointment to Office A. The Chief of Police shall be appointed by the Mayor, subject to confirmation of all members of the City Council (City Charter, Article VI, Section 2). B. Page 2 of 2 All subordinate police officers shall be appointed by the Chief of Police under Civil Service Rules and Regulations (City Charter, Article VI, Section 2). Seattle Police Department Policies and Procedures Title: Section 1.020 Chapter: 1 - Department Structure and Function 020 – Budget REFERENCES CALEA standards 15.2.1 RCW 35.32.000 I. General - Budget Control A. The yearly budget approved by the City Council is our basic operational plan, defining maximum levels of effort within activity categories and allowing certain specific expenditures for equipment, supplies, etc. Each Section/Bureau Commander or their designee shall be responsible for formulating goals, objectives, and other performance measures that are relevant to their assignment as a part of this plan. Commanders are responsible for adhering to that plan or, alternatively, developing a new plan within available resources for approval by the Chief of Police (via the Finance, Strategic Policy, and Planning Section), Department of Finance, and the City Council. Only expenditures so authorized will be allowed. B. II. Section and Bureau commanders shall distribute the stated goals, objectives and performance measures to all affected personnel. Expenditures as Authorized in the Budget A. The Revised Code of Washington (RCW) 35.32, is the governing policy for budgets of first class cities, which includes Seattle. 1. Effective Date: 6/30/03 Procedure a. Of the four classifications of the budget, the Personnel Services Unit deals primarily with the money for salaries and personnel benefits. Any increase in personnel allocations, or creation of new positions will be requested by section commanders through their bureau chiefs and the Finance, Strategic Policy, and Planning Section, with final approval by the Chief of Police or the Deputy Chief of Administration. b. In general, supplies shall be requested on a Purchase and Supply Request (form 1.5). These requests require the approval of the requesting unit’s chain of command, with final approval from the Deputy Chief of Administration. Prior to placing an order with outside vendors for supplies, equipment and services, all units must submit an approved Purchase and Supply Request (form 1.5) to the Fiscal Section. Normally, within five days of receipt of the 1.5 form, Fiscal will issue a Purchase Order Number to authorize the purchase. c. In addition to approval via the chain of command, requests for all technology purchases must also be approved by the Information Technology Section Manager. d. All requests for transfer of budget authority must be forwarded to the Finance, Strategic Policy, and Planning Section, which will coordinate review and approval with the Fiscal, Property and Fleet Management Section, the Chief of Police/Deputy Chief of Administration, and the City Department of Finance. Page 1 of 3 Section 1.020 Budget 2. RCW 35.32.000 prohibits the obligation of public funds by any personnel other than those authorized to disperse funds for the City. a. In the event that an employee orders or purchases a product(s) or service(s) without prior authorization, and at a later date submits a bill, the employee has no claim whatsoever for reimbursement. III. Procedure for Expenditures Not Previously Authorized in the Budget A. The requester must prepare a suggested addendum to the budget, defining the new object of expenditure, authorized spending to be abandoned, and justification for the change. Any impact on planned objectives, productivity, level of effort, and deferred costs or needs must be clearly identified. B. Approval must be obtained from the chain of command to the Bureau Chief. C. All requests for budget authorization changes to an approved line item, account category, or budget organization category must be forwarded to the Finance, Strategic Policy, and Planning Section for review/approval coordination with the Chief of Police/Deputy Chief of Administration, and if required, the Department of Finance. D. Once a budget change/transfer is approved, follow the procedure outlined for Expenditure as Authorized in the Budget. IV. Grant Expenditures A. Overview 1. Grant proposals in which the Seattle Police Department is principally involved are normally prepared by Department personnel and must be approved by the Chief of Police/Deputy Chief of Administration prior to submittal to the Mayor. All requests for grants are to be forwarded for preparation to the Research and Grants Unit. After preparing the grant application, the Research and Grants Unit will submit it for approval to the Mayor and City Council via the Finance, Strategic Policy, and Planning Section. The Finance, Strategic Policy, and Planning Section will write any required resolution to make an application for a grant and will write ordinances requesting Mayor/Council approval of funding acceptance. 2. Upon the Mayor’s review and the City Council’s adoption of the acceptance of grant funding, expenditures can be made in the amounts which will be reimbursed through grant assistance. 3. As a grant project progresses, related obligations are created against the money the City has appropriated. Over the duration of the project (normally one year), financial reports are submitted to the funding agency documenting all obligations occurring to the date of the report. The City is then reimbursed for those expenses it has incurred which, according to the grant proposal’s budget, are to be supported by grant moneys. 4. During the course of the project, should situations develop which necessitate expenditures for anything not originally specified in the proposed budget, prior approval must be obtained from the funding agency if either reimbursement or credit for a matching expenditure is sought. a. B. Responsibilities 1. Page 2 of 3 This will always entail a realignment of the grants budget, since once the grant project’s contract is signed, the overall level of local matching expenditures and grant award will not change. It is the responsibility of the Project Director of a grant to: Section 1.020 Budget 2. a. Assure that their expenditures conform to their budget and the stated objectives of the project, and b. To submit progress reports as required. The Fiscal, Property and Fleet Management Section shall be responsible for: a. Documenting the budget activity of the grant project, b. The submittal of timely financial reports to the funding agency, and c. The retention of those financial records necessary to meet and satisfy audit requirements. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 1.030 Chapter: 1 - Department Structure and Function 030 – Chain of Command REFERENCES CALEA standards 11.3.1, 11.3.2, 33.5.2. I. Supervision in Field Situations II. A. In all field situations where more than two (2) officers are present, the senior officer of the first unit at the scene shall be in charge. B. The senior officer of the first unit at the scene shall remain in charge until officially relieved. C. The mere presence of a ranking or senior officer or supervisor at a scene shall not indicate their assumption of command. Such persons shall remain in an advisory or evaluation capacity unless command is specifically assumed. D. If the situation warrants, a sergeant should be called to the scene. Upon arrival, the sergeant should officially assume command. E. In common field situations, which are to be handled by a squad or less, command normally need not go higher than a sergeant. The sergeant may at any time request the assistance of a ranking officer. F. When a senior officer is at a scene and begins to issue orders directing the activities of employees assigned to the scene, that senior officer shall be deemed to have assumed command. G. Persons in command, in all situations and of all ranks, are guided by the policy of this Department as stated in DP&P - Standards & Duties. Supervision Philosophy A. Proper supervision is essential to maintain a professional level of competence in law enforcement operations; a fundamental component of proper supervision is the “chain of command”. At its most basic level, the chain of command requires that each employee reports, and is accountable, to only one direct supervisor. B. Supervision in its broadest sense consists of three main tasks: organize, delegate, and oversee. C. 1. To “organize” means planning the work of the Department and of the personnel in an orderly manner. 2. To “delegate” means giving someone else the responsibility and authority to do something. The supervisor confers upon a subordinate officer the same authority and responsibility that the supervisor possesses to accomplish the specific task. The supervisor remains responsible for the completion of the delegated task. 3. To “oversee” means that the supervisor ensures that the work that has been organized and delegated is satisfactorily completed. A sergeant is the first level of supervision and their primary responsibility is to guide, direct, and motivate subordinate employees. Supervisors are expected to be familiar with the mechanics of the learning process and use them for training employees. Effective Date: 5/7/08 Page 1 of 2 Chain of Command Section 1.030 D. Supervisory and commanding officers of all ranks have the responsibility not only to train subordinates to perform assigned duties, but to familiarize these subordinates with their supervisory jobs, in order to prepare them for additional responsibilities should the need arise. E. A commanding officer has responsibility and accountability for every aspect of their command. Supervisors have the authority to coordinate and direct assigned personnel and other allocated resources in achieving organizational objectives. In doing so, a supervisor must perform the full range of administrative functions relying upon policy, direction, training, and personal initiative as a guide for themselves and their command in achieving the highest level of performance possible. F. All supervisors and commanders are fully responsible and accountable for the acts or omissions of their subordinates. Any failure on the part of a subordinate may be assumed to be a failure in supervision or command. III. Communication and Confidentiality A. Personnel Information 1. Page 2 of 2 All employees must have a telephone in their residence. A cell phone is acceptable in lieu of a landline. Employees shall ensure that their current residential address and telephone number is furnished to their Bureau Commander and to the Personnel Section. Post office boxes are not acceptable. Seattle Police Department Section Policies and Procedures Title: 1 - Department Structure and Function 1.040 Chapter: 040 – Department Mission Statement & Priorities REFERENCES CALEA standards 1.2.6, 12.2.1, 55.2.4. MISSION STATEMENT The mission of the Seattle Police Department is to prevent crime, enforce the law, and support quality public safety by delivering respectful, professional and dependable police services. Preventing crime includes everything from strengthening neighborhoods and families to using crime data to identify patterns and suspects. Enforcing the law includes not just the measures of arrest and warnings but also educating the public about their responsibilities. Supporting quality public service means being a full partner with other parts of the criminal justice system and assisting witnesses and crime victims throughout the process. Delivering respectful police services means treating people the way you want to be treated. Professionalism is our hallmark and it means knowledgeable, competent, and ethical policing. Dependable means that we keep our promises and serve with courage and dedication. DEPARTMENT PRIORITIES Best Practices in Policing – Use best practices that include officer safety guidelines and performance-based accountability to provide progressive and responsive police services to crime victims, witnesses and all members of the community. Ethics and Integrity – Foster an organizational culture where fundamental values are integrity, accountability, ethical decision-making, and respect for civil and constitutional rights. Community Partnership – Strengthen links with all community members and associations through open communications, mutual responsibility, and a commitment to service. Identify, Prioritize & Solve Problems – Identify and prioritize crime prevention and law enforcement challenges using a flexible problem-solving approach that achieves results. Management & Organizational Efficiency & Effectiveness – Structure the organization to support the SPD mission and field a well-trained sworn and civilian workforce that uses technology, training, equipment, and research strategically and effectively. Effective Date: 7/22/02 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 1.050 Chapter: 1 - Department Structure and Function 050 - Functional Structure & Command of the Department REFERENCES CALEA standards 11.3.1, 12.1.2, 16.2.1, 16.2.3, 16.3.1, 33.4.1, 34.1.1, 42.2.7, 46.1.1. SMC 4.04.120 I. Functional Structure A. The Seattle Police Department is organized along departmental and functional lines, combining the advantages of direct lines of authority with assistance from various specialized units. 1. Chief of Police: Overall commander of the Department. 2. Deputy Chief: The command of the Department is organized under two Deputy Chief positions subordinate to the Chief of Police. 3. a. Deputy Chief of Operations. b. Deputy Chief of Administration. Bureau: The Department is divided into four bureaus commanded by an Assistant Chief, subordinate to a Deputy Chief. a. Criminal Investigations Bureau b. Operations Bureau I c. Operations Bureau II d. Field Support Bureau e. Emergency Preparedness Bureau 4. Section: A primary subdivision of a Bureau with department-wide responsibility for providing a specific specialized function. 5. Unit: A subdivision of a Section, usually small in size, with personnel assigned to perform a specialized activity; or, one or two employees performing assigned work (patrol unit, Zebra unit, etc.). 6. Squad: A subdivision of a Unit. 7. Detail: A subdivision of a Squad. 8. Precinct: The primary geographic subdivision of the Operations Bureau. 9. Sector: The primary geographic subdivision of a Precinct, supervised by a sergeant. 10. Beat: The primary geographic subdivision of a Sector. 11. Post: A fixed geographic location usually assigned to an individual officer. 12. Watch or Shift: One of several tours of duty 13. Task Force: An ad hoc work group, normally established by a Bureau commander to respond to a specific incident or series of related incidents. Task Force assignments are temporary and specialized. The establishing Bureau commander shall set a reporting Effective Date: 06/09/04 Page 1 of 3 Functional Structure & Command of the Department Section 1.050 schedule for the Task Force commander and shall periodically assess the ongoing need for the Task Force. II. III. Command of Police Department A. The Chief of Police shall exercise command over all personnel within the Department. B. In the absence of the Chief of Police, or in the event the Chief is incapacitated, the order of sucession to the command of the Seattle Police Department shall be as follows: Deputy Chief of Operations 2. Deputy Chief of Administration 3. Assistant Chief, Investigations Bureau 4. Assistant Chief, Field Support Bureau 5. Assistant Chief, Operations Bureau I 6. Assistant Chief, Operations Bureau II 7. Assistant Chief, Emergency Preparedness Bureau Ranks of Authority A. IV. 1. The following ranks of authority (in descending order) shall establish the chain of command within the Seattle Police Department. 1. Chief of Police 2. Deputy Chief 3. Assistant Chief of Police (Bureau Command) 4. Captain (Precinct or Section Command) 5. Lieutenant (Section, Watch, or Unit Command) 6. Sergeant (Unit or Squad Command) 7. Police Officer Appointments A. Except for the Chief of Police (appointed by the Mayor), Deputy Chief(s) and Assistant Chief(s) (appointed by the Chief of Police), all other sworn appointments are made by the Chief of Police on a permanent basis from a certified Civil Service list. B. Police Recruits, Police Reserves, and Other Commissions Page 2 of 3 1. Police Recruits: The duties of such position shall be to attend the Washington State Criminal Justice Training Commission accredited Police Academy until graduation and to perform other duties as assigned by the Chief of Police. The duties of a police recruit shall not include law enforcement duties, nor shall any employee holding such position be considered a law enforcement officer for purpose of any State law relating to police pensions. The Chief of Police may appoint and swear police recruits as police officers upon their graduation from the State accredited Academy. 2. Police Reserves: Police Reserves are volunteer personnel selected from the community who serve without pay. They are under the Command of the Seattle Center Unit and are responsible for aiding and supplementing the Department in matters of routine police duty and assisting in the event of emergencies. 3. Retired Police Officer Commissions: The Chief of Police, at his discretion, may grant an extended authority Retired Police Officer Commission to any Seattle Police Officer who is retired in good standing for service and not for disability. Said authority may not be Functional Structure & Command of the Department Section 1.050 used in any employment or profession except uniformed security employment. (See also DP&P - Resignations and Separations.) 4. Special Police Commissions: Special Police Commissions may be approved by the Assistant Chief of the Field Support Bureau as a representative of the Chief of Police. The Employment Services Section is responsible for processing all applications. The duties of Commissioned Special Police will conform to City Ordinance. Special Police Commissions are valid only during the performance of duties for which the commission was issued. 5. Honorary Police Commissions: Honorary Police Commissions may be issued by the Chief of Police to: a. Civilian Employees - Legal Advisor, etc. b. Professional Consultants - Chaplain Corps, etc. c. Any other individual whose activities warrant formal Departmental recognition or identification. Honorary Police Commission holders shall have no authority or responsibility to enforce laws and ordinances, beyond that of any other citizen, as provided for by law. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 1.060 Chapter: 1 - Department Structure and Function 060 – General Information and Definitions PURPOSE To establish a consistent set of definitions for terms used in this manual. Unless specifically defined elsewhere in this manual, these terms shall have the meanings defined below. I. General Information A. Italics are used for Department or City forms/reports (for example - General Offense Report ). B. Boldface type: C. D. II. 1. Used to refer to types of incidents (for example - DUI arrest). 2. Used to highlight key words and phrases requiring emphasis. Words that are underlined: 1. Denote terms defined by the text which follows the underlined word(s), or 2. Emphasize action to be taken or avoided. Unless otherwise specified, explicitly defined terms shall apply only within the chapter in which the definition appears. Terms defined in this chapter shall apply throughout the Manual. Definitions Accident: That occurrence in a sequence of events which usually produces unintended injury, death, or property damage. Note: If the event produces intended injury or property damage, it is not an accident. The event must be investigated and reported as an incident. Chain of Command: The hierarchy of supervision and management of the Department. Chief: The Chief of the Seattle Police Department. City: When capitalized, means the City of Seattle. Civilian employee: Any Department employee other than a sworn employee. Collision: Shall have the same definition as accident. Command Staff: Consists of the Chief of Police, Deputy Chief, Bureau Chiefs, and the Director of Human Resources Bureau. Commander: A sworn employee holding the rank of lieutenant or above. CSO: Community Service Officer. Department: The Seattle Police Department. Designee: An employee temporarily empowered to act in the place of another. For example, “the Chief of Police or a designee” would refer to the Chief of Police or an employee assigned by the Chief of Police to act on the Chief’s behalf. Effective Date: 10/22/07 Page 1 of 2 General Information and Definitions Section 1.060 DOL: Washington State Department of Licensing. Investigation: To examine in a systematic manner. To ascertain by careful inquiry or examine into with systematic attention to detail and relationship. Line Investigator: The employee assigned to conduct an internal investigation “Line Referral.” Manual: When capitalized, means the Seattle Police Department Policies and Procedures Manual. PEO: Parking Enforcement Officer. Radio: When capitalized, refers to the Communications Section. GON: General Offense Number SPD: An abbreviation for the Seattle Police Department. Suspect: A person detained for the purposes of determining their possible involvement in criminal activity. Sworn Date: The date that a sworn employee took the oath of office for their position. Sworn employee: A Department employee commissioned and empowered to enforce the criminal laws of the City of Seattle and State of Washington. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 1.070 Chapter: 1 - Department Structure and Function 070 – Media Relations REFERENCES CALEA standards 43.1.1, 54.1.1, 54.1.3 POLICY: The Seattle Police Department believes that proactive media relations are vital to our law enforcement mission. While employees of the Seattle Police Department are encouraged to work and speak to the media the Department requires that employees provide only accurate, objective, and factual responses to media inquires. Information that is reasonably believed to compromise an on-going investigation or pending prosecution will not be released to the media. I. Definitions II. A. Media: Media refers to all reporters, photographers, camera operators, and others who are directly employed by agencies of the media and who hold valid news media identification. B. Media Relations Unit: The Media Relations Unit shall promote effective relations between the news media and the Seattle Police Department by: 1. Assisting the media cover news stories at the scene of police operations. 2. Preparing and distributing news releases. 3. Arranging for, and assisting at, news conferences. 4. Coordinating and authorizing the release of information. 5. Coordinating the release of information with other public service agencies. C. Public Information Officer (PIO): The Public Information Officer works in the Media Relations unit and acts as the representative of the Chief of Police to the media. PIO’s will be available for on-call responses to the media. D. On-Scene Commander: For the purpose of this section an on-scene commander will be a person with the permanent rank of Lieutenant or above. Media Relations Unit function A. The general function of the Media Relations Unit shall include but are not necessarily limited to: 1. Assisting news personnel in covering news stories at the scenes of incidents; 2. Being available for on-call responses to the news media; 3. Preparing and distributing agency news releases; 4. Arranging for and assisting at news conferences; 5. Coordinating and authorizing the release of information about victims, witnesses, and suspects; 6. Assisting in crisis situations within the agency; Effective Date: 11/9/07 Page 1 of 5 Section 1.070 Media Relations III. IV. V. 7. Coordinating and authorizing the release of information concerning confidential agency investigations and operations; 8. Developing procedures for releasing information when other public service agencies are involved in a mutual effort. Personnel authorized to speak to the media A. In most situations when the media is requesting an interview from an on-duty employee, media representatives will be referred to a PIO or the on-scene commander. B. At incidents where the media is on scene and a PIO is not available the precinct of occurrence watch commander or someone designated by the on-scene commander will speak to the media as the department representative. C. In the event the media does not respond to a scene of a police operation but still contacts Department employees requesting information, and a PIO is unavailable, media will be instructed to call the business number of the Communication Section at 206/684-8640. The Communications Section shift supervisor will get the basic information and a call back number from the media representative. The Communications Section supervisor or Chief Dispatcher will contact an onduty watch commander at the precinct of occurrence and provide the details of the media inquiry and the call back number. The watch commander will call back the media representative as soon as possible with a response. This procedure will primarily be utilized between 2200-0700 hrs., Monday-Friday, weekends and holidays. D. The Chief of Police, or designated representative, will be the only person authorized to speak to the media regarding Department budget issues, Department goals, allocation of resources and the interpretation of Department policies. E. Department employees will notify the Media Relations Unit of all requests for interviews prior to speaking with the media. If a time constraint exists the Chief Dispatcher will page the on-call PIO to screen the incident. Notification of the Media Relations Unit A. A Department employee will notify their immediate supervisor when they respond to an incident that is likely to produce a media response or when notification of the Media Relations Unit is required by Department policy. B. If the incident is an in-progress police operation the on-scene commander will contact the Communications Section and request that a PIO respond to the scene. The watch commander at the precinct of occurrence will act as the Department media representative if a PIO does not respond. C. When incidents produce a media response or are likely to produce a media inquiry, the primary officer will send a VMAIL containing the General Offense Number to the Media Relations Unit. Interaction with the Media A. Department employees will cooperate with representatives of the media in a courteous and professional manner. B. Speak about the facts as you know them. Do not speculate or editorialize. If you do not know the answer to a question, refer the media person to someone who has that information or tell them that you will attempt to get the information and get back to them. C. Take time in answering questions and give a thoughtful response. D. Do not make off the record statements to the media. The media is under no obligation to keep your statement off the record. Page 2 of 5 Section 1.070 Media Relations E. VI. Department employees should contact the Media Relations Unit with any complaint they have about an interaction with the media. Crime Scene/Serious Incident A. When police respond to a crime scene or serious incident an outer perimeter marked with crime scene tape will be set up as soon as it is safe to do so (DP&P 3.037). The media will not be allowed to move past this marked perimeter. B. The on-scene commander should establish a location near the scene as a media staging area as soon as practical and advise the media if a PIO is responding and their estimated time of arrival. C. The on-scene commander or supervising investigator will determine if the media will be allowed to cross the perimeter and set limitations on their movements until the scene has been secured. Once the scene is secured, and the criminal investigation is complete, the media will be given access to the location. D. The media will be allowed in any area that is open to the public. The media cannot enter private property without the owner’s permission. E. The media will not be restricted from entering a disaster area unless the media’s presence interferes with a police operation. The on-scene commander may declare a disaster area a crime scene if they believe the disaster occurred due to criminal action. VII. Release of information to the media A. The Chief of Police or a Deputy Chief will screen the information that will be released to the media in an officer involved shooting or where a serious injury or death of a person occurs as a result of police activity. B. The following information can generally be released to the media. 1. 2. 3. 4. The facts regarding an incident that may include: a. A basic description of the incident. b. How the incident came to police attention. c. What time the police responded to the call. d. How many officers are currently assigned to the call. e. The number of suspects and victims involved in the incident. Adult suspects charged with a crime. a. Suspect’s name, age, gender, race and city of residence. b. Charge filed by the prosecutor. c. Arresting/Investigating Unit. d. Circumstances of the arrest. Adult suspects who have been arrested and booked into jail or cited but not charged with a crime. a. Suspect’s name, age, gender, race and city of residence. b. Alleged offense. c. Arresting/Investigating Unit. d. Circumstances of the arrest. Adult suspects who have been arrested, not booked into jail or cited, and have not been charged with a crime. Page 3 of 5 Section 1.070 Media Relations 5. a. Age, gender, race and city of residence. b. Investigating/arresting agency. Juveniles a. 6. Victim/Witness/Complainant a. 7. Department personnel may ask a person if they want their information disclosed or not disclosed. The Department will not disclose the information of a victim, witness or complainant if it is reasonably believed that a person’s life or property could be endangered by the disclosure. Medical condition of a suspect/victim a. 8. Information pertaining to juveniles, their parents, or legal guardians will not be released. This applies whether the juvenile is reported as a suspect, witness, victim, missing person, runaway or person of interest. Readily observed information regarding medical conditions may be released. Detailed medical information, diagnosis or prognosis will not be released. Deceased Persons a. Only the age, gender, race and city of residence of the deceased person may be released. The King County Medical Examiner’s Office will be responsible for releasing the identification of the deceased person. VIII. Restricted Information A. Information identifying child victims under age eighteen who are victims of sexual assault is confidential and not subject to release to the press or public. B. The listed information will generally not be released to the media unless it is authorized by the Chief of Police or their designated representative. 1. Page 4 of 5 Statements about a suspect or defendant’s: a. Character, criminal record, or reputation in the community. b. Guilt, innocence or possible outcome of pending legal proceedings. c. The existence or content of any admission, confession or alibi. d. Statements or opinions regarding a defendant’s willingness or refusal to make a statement. 2. The results of evidentiary examinations or forensic tests involving a pending case. 3. The anticipated testimony or credibility of any prospective victim or witness. 4. Statements or opinions concerning evidence, or legal arguments, to be used in a pending case. 5. Information regarding bombings, bomb threats, kidnappings or kidnapping threats, unless authorized by the commander of the Violent Crimes Investigations Section. 6. Any information disclosing the identity of a confidential source. 7. Information on vehicle or boating accidents will be restricted to the narrative portion of the report and must be requested through the Media Relations Unit. The names, license numbers or registrations numbers of the persons and vehicles involved in the accident will not be released. Section 1.070 Media Relations IX. X. XI. Release of photographs A. Photographs of juveniles will not be released to the media without a court order or the consent of the juvenile’s parent or guardian. B. The booking photo or an investigative file photo of a suspect wanted for a serious crime may be released to the media if it will assist in the capture of the suspect or warn the public if the suspect is a danger to the community. Authorization to release the photograph must come from the unit investigating the crime. C. Photographs of Level III sex offenders may be released to the media and the public. D. Department employees will neither prevent nor facilitate the photographing of defendants or suspects in custody. Information of Department personnel A. The home address, telephone number, or date of birth of any Department employee will not be released without the employee’s expressed consent. B. The release of immediate on-scene information of the involved employee will be confined to the employee’s age, race, gender, rank, tenure and bureau of assignment. Media Aircraft A. On-scene commanders will request that media aircraft be restricted around the location of a police operation when the presence of the aircraft compromises officer safety or hinders the operation. B. The on-scene commander will inform the PIO of the reasons for the aircraft restriction. The PIO will contact the appropriate news agency and request that they voluntarily remove the aircraft. In the event that a PIO is not at the scene, the on-scene commander will have the Chief Dispatcher make the request. C. If the news agency does not voluntarily move their aircraft out of the area of the police operation, the PIO, Incident Commander or Chief Dispatcher will contact the Federal Aviation Administration and request that the airspace above the incident be cleared. D. The on-scene commander may request the assistance of media aircraft for viewing the incident, coordinating the operation, photographing the incident and transporting department employees to remote locations for tactical or operational purposes. XII. Media Observer Program A. The Media Relations Unit shall coordinate requests for media ride-alongs. 1. The Media Relations Unit will have the media representative complete and sign a CitizenObserver rider request and waver (form 7.11). The Media Relations Unit will complete the necessary background check prior to approval of the ride along. 2. During the ride-along the media representative will not be allowed to use any image recording device or audio recorder without the prior approval of the Chief of Police. XIII. Release of reports A. A board containing copies of reports prepared for the media will be maintained at all precincts and will be readily available for viewing by the media and the public. B. Media representatives may obtain copies of police reports through the Media Relations Unit. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 1.080 Chapter: 1 - Department Structure and Function 080 - Mutual Assistance REFERENCES CALEA standards 2.1.2. POLICY The Seattle Police Department will assist the Washington State Patrol in the screening, investigating, and processing incidents when requested. When other agencies provide enforcement assistance to the Department, Department personnel will assume primary investigative responsibility. I. II. Non-Traffic Felonies A. In order to ensure uniformity in an investigation and to expedite the processing of a suspect, assigned Seattle Police personnel will complete any required reports. B. Washington State Patrol personnel will work under the direction of a Seattle Police supervisor (either on the scene or in the police precinct) while a felony arrest is processed. C. It will be the responsibility of the SPD supervisor to ensure that the processing of the arrest and reports are completed expeditiously, in order to return the State Trooper(s) to their duties without undue delay. D. The State Trooper will be provided with the General Offense Number. Records will provide copies of relevant reports to the Washington State Patrol. Other Enforcement Assistance A. As a result of an interpretation of the State Attorney General, the Washington State Patrol cannot issue citations or make arrests for municipal offenses. B. Circumstances in the future may again require cooperative enforcement efforts. 1. Effective Date: 11/9/07 Whenever the Washington State Patrol, or another outside agency, provides enforcement assistance to the Department, any citations issued for municipal offenses shall be completed by Seattle Police Officers. The outside agency officer shall be listed as a witness. Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 1.090 Chapter: 1 - Department Structure & Function 090 – Organization & Function: Administration OFFICE OF THE DEPUTY CHIEF OF ADMINISTRATION The Deputy Chief of Administration has responsibility for the day-to-day management of, and command authority over, all administrative and support components of the Department. I. Field Support Bureau A. The Field Support Bureau is comprised of the Information Technology Section; Communications Section; Records Files and Data Center, and the Facilities Manager. 1. Information Technology Section: The Information Technology Section will be responsible for establishing and maintaining systems and software for criminal records, business information, computer operations, and network facilities. 2. The Communications Section will provide Communications Section: telecommunications between the public and appropriate public safety agencies, operate a computer assisted dispatch system, and provide data to the Department. 3. 4. Effective Date: 11/22/05 a. Dispatch: Dispatch answers 911 calls of service and directs resources as needed. b. Operations/Training Unit: The Operations / Training Unit will provide ongoing training to personnel assigned to Communications and maintain the unit’s operational manual. (1) Systems Analyst Squad: The Systems Analyst Squad will provide maintenance for all the communications equipment. (2) Police Communications Analyst Squad: The Police Communications Analyst Squad will maintain the recorded tapes generated by the Communications Unit. Records Files and Data Center: The Records Files and Data Center will provide records maintenance and retrieval, report distribution, and court preparation services to the Department. The Records Files and Data Center will collect fees charged for services rendered as established by City ordinance. a. Data Center: The Data Center is responsible for routing all Department mail, distributing copies of reports, providing copies of reports for court, managing teletypes, WACIC / NCIC entry, entering criminal history into the RMS and compiling crime statistics for the Incident Tracking System. b. Records Files: Records Files handles the filing of General Offense Reports, criminal history files, requests for copies of reports and processing reports for Municipal Court. c. Juvenile Records Squad: The Juvenile Records Squad maintains records pertaining to juvenile offenders and juvenile booking photos. Facilities Manager: The Facilities Manager will be responsible for coordinating maintenance repair requests, internal moves and any new construction of Department facilities. Page 1 of 4 Organization & Function: Administration 5. Human Resources Section: The Human Resources Section will be comprised of the Employment Services Unit and the Personnel Services Unit. a. b. Page 2 of 4 Section 1.090 Employment Services Unit: The Employment Services Unit will be responsible for recruiting, background investigations, employee safety, monitoring employee illness and injury time, processing the attendant paperwork, managing the Mandatory Reporting Program for employees who have sick leave records which indicate excessive use, coordinating the placement of limited duty employees, maintaining contact with employees on extended sick leave through phone calls and on-site visits and managing the Retired Officers Extended Authority Commission program. (1) Background Investigations Squad: The Background Investigations Squad will be responsible for conducting comprehensive background investigations on all sworn and civilian candidates for employment with the Department and, occasionally, for “sensitive” positions with other City departments. (2) Special Recruit Squad: The Special Recruit Squad will administer the special recruit program which will provide remedial training and skill development for police officer recruits experiencing difficulties performing one or more critical functions during their training at the Washington State Criminal Justice Training Academy. The special recruit program provides the individuals with opportunities to work on improving their skills while working for the Department in the Community Service Unit. (3) Recruitment Team: The Recruitment Team will be responsible for conducting recruitment campaigns. They will also conduct physical and mental skill development workshops. (4) Wellness and Accountability Unit: The Wellness and Accountability Unit will be responsible for monitoring medical absences, overseeing the safety coordinator and the medical personnel files. Personnel Services Unit: The Personnel Services Unit will be responsible for managing the Department’s personnel needs and ensuring that the Department is adequately staffed. (1) Timekeeping and Payroll Squad: The Timekeeping and Payroll Squad will be responsible for organizing, verifying, coding, sorting, adjusting and entering all the timekeeping data into the City’s financial management system (SFMS), and managing the Department’s payroll. (2) Classification and Selection Team: The Classification and Selection Team will be responsible for classification, recruitment, civilian employment selection oversight, special employment needs and personnel records management (3) The Employment Risk Employment Risk Management Team: Management Team will improve knowledge of supervisors and managers about federal, state and local employment laws, collective bargaining laws, union contract requirements and acceptable labor practices through the development of employment risk management programs. (4) Compensation and Benefits Team: The Compensation and Benefits Team will be responsible for the administration of employee benefits, hiring documentation, new employee orientation, personnel orders, and salary compensation and adjustments. Organization & Function: Administration B. II. Section 1.090 Chaplain: The Chaplain will provide assistance to officers and officer’s families as requested. Independent Units A. B. C. Finance, Strategic Policy, and Planning Section: The Finance, Strategic Policy, and Planning Section is responsible for preparation of the budget, business and strategic plans, and related policy development activities for the Department. It also is charged with coordination of responses to requests for information from the City Council and the Department of Finance for the preparation of analytical reports. 1. Budget and Finance Unit: The Budget and Finance Unit prepares the Department’s biennial and mid-biennial budget submissions. This includes establishing budget-related policies as well as answering executive and council questions on the SPD budget and finances. The Budget Unit also develops and monitors spending control plans for the Department and its multiple lines of business. Other specific activities of the Unit include preparation of programmatic ordinances and resolutions; position, organizational, or budget transfers; special financial analyses; salary settlement, yearend, and carryover reports; and monthly overtime expenditure control reports. The Unit also coordinates the Department’s utilization of telephones. 2. Strategic Policy and Planning Unit: The Strategic Policy and Planning Unit will gather data, conduct analyses, and prepare written materials to support, document, and report on Department activities, initiatives, and policies. The Unit shall distribute copies of any analytical reports to the affected Departmental component. The Unit also coordinates Department responses to questions from the Executive and Legislative branches, the public, and other justice system agencies. Specific activities of the Unit include ongoing project management support, business and strategic policy development and planning, website development, content management and maintenance, and preparation of the Department’s annual report. Fiscal, Property and Fleet Management Section: The Fiscal, Property and Fleet Management Section will be comprised of the Fleet Control Unit, Quartermaster Unit and Fiscal Management Unit. 1. Fleet Control Unit: The Fleet Control Unit will be responsible for managing all activities associated with Department vehicles including scheduling and developing specifications for replacement, distribution, maintenance, repair, and licensing. 2. Quartermaster Unit: The Quartermaster Unit will manage and account for the supplies necessary for the ongoing needs of the Department. 3. Fiscal Management Unit: The Fiscal Management Unit will be responsible for managing the receipt/disbursement of all Department funds and processing purchase requests for standard requisition, blanket contracts, direct voucher purchases, and emergency requisitions. Audit, Accreditation and Policy Section: The Audit, Accreditation and Policy Section will be comprised of the Audit, Accreditation and Policy Unit, the Media Response Unit, the Patrol Deployment Detail, and the False Alarm Detail. 1. Audit Detail: The Audit Detail will promote improved Department procedures through policy planning and verify that Department operations are conducted in the prescribed manner through inspections. 2. Accreditation Detail: The Accreditation Detail is responsible for maintaining the Department’s records of compliance with CALEA standards and ongoing reporting requirements, as outlined in the CALEA standards manual. 3. Policy Detail: The Policy Detail will promote improved Department procedures through policy planning best practices research through surveys and examination of other police agencies practices. Page 3 of 4 Organization & Function: Administration Section 1.090 4. Media Response Unit: The Media Response Unit will promote effective relations between the media, the community, and all Department officers and employees by providing accurate information within legal guidelines. 5. False Alarms Detail: The False Alarm Detail will complete follow up on False Alarm infractions and administer the Alarm School and Alarm Program. 6. Patrol Deployment Unit: The Patrol Deployment Unit will make recommendations as to the day-to-day deployment of patrol officers based on reported workload. 7. Police Headquarters Security Detail: The Police Headquarters Security Detail will staff the front reception desk in the lobby of Police Headquarters. 8. Evidence Unit: The Evidence Unit will be responsible for the storage and tracking of property that comes into police custody through evidence or found property. D. Research and Grants Section: The Research and Grants Section will provide the necessary research, application, and management of assigned grants. E. Education and Training Section: The Education and Training Section will be responsible for providing and organizing the training needs of the Department 1. Video Unit: The Video Unit will be responsible for producing informational videotapes. 2. Range Unit: The Range Unit will provide firearms training and be responsible for qualifications. 3. Advanced Training: Advanced Training provides additional training to enhance basic skills. 4. Mandatory Training: Mandatory Training provides all in-service training for required skills. 5. Field Training Unit: The Field Training Unit will provide standardized probationary officer training a. Page 4 of 4 The Department will maintain a Reserve Officer Program that will be administered through the Field Training Unit. Seattle Police Department Section Policies and Procedures Title: 1.100 Chapter: 1 - Department Structure and Function 100 - Organization and Function: Chief of Police REFERENCES CALEA standards 11.1.1, 11.4.3, 15.1.1, 16.4.1, 17.2.1, 17.5.1, 17.5.2, 33.6.2, 43.1.1, 45.1.1, 45.1.2, 46.1.1, 51.1.1, 55.2.4, 61.1.10, 61.1.13, 74.3.1, 83.2.2, 84.1.2, 42.1.6 RCW 9A.16.020, 9A.16.020 SMC 3.28.530 POLICY This policy describes the Seattle Police Department’s organizational structure and functions. I. Office of the Chief of Police A. B. II. The Chief of Police shall manage the Department and shall prescribe rules and regulations, consistent with law, for its government and control; provided, that the Chief of Police shall be responsible to the Mayor for the administration of the Department and the enforcement of law. 1. Legal Affairs Unit: The Legal Affairs Unit will provide legal advice to the Department. 2. Office of Professional Accountability (OPA): The OPA will be responsible for advising the Chief, the Mayor of Seattle, and the City Council on all matters involving the Department’s internal investigatory and disciplinary functions. a. Equal Employment Opportunity Investigations Unit (EEO): The EEO will investigate any complaint of discriminatory misconduct from Seattle Police Department employees as they pertain to workplace harassment. b. Investigations Section: The Investigations Section will promote ethical conduct by Department personnel through the investigation of complaints of misconduct. 3. Administration Unit: The Administration Unit will assist the Chief of Police in managing the Department. 4. Mayor’s Security Detail: The Mayor’s Security Detail provides physical security for the Mayor in the performance of the Mayor’s duties. 5. Community Outreach Liaison: The Community Outreach Liaison provides open communication between the Department and the community. The Deputy Chief of Operations and the Deputy Chief of Administration shall assist the Chief in the day to day management of the Department. Organization Change A. An organization change is defined as any administrative change that affects the organization of a Bureau, Section, or Unit. B. Any organizational change within the various Bureaus, Sections, and Units (including Unit Numbers), requires prior notification and request for approval through a unit’s chain of command to the Finance, Strategic Policy, and Planning Section, which will coordinate final ap- Effective Date: 6/25/04 Page 1 of 2 Organization and Function: Chief of Police Section 1.100 proval with the Command Staff and through the Audit, Accreditation and Policy Section and Personnel Section. All requested changes will be made in one of the two following ways: C. Page 2 of 2 1. Through the biennial or mid-biennial budget process for the following fiscal year, in which case units will submit proposed changes as part of the SPD budget development / review process. Such requests are to be made to the Finance, Strategic Policy, and Planning Section through a unit’s chain of command. 2. For current year organizational changes, units will complete a Request For Organizational Change (form 18.1) and submit it through their chain of command to the Finance, Strategic Policy, and Planning Section. Specific requirements for organizational changes at mid-year are outlined on the form and will be followed. Organizational changes made must be consistent with policies established by the Chief, Command Staff, the Office of Management and Planning, and the City Council. Seattle Police Department Policies and Procedures Title: Section 1.110 Chapter: 1 - Department Structure and Function 110 – Organization & Function: Operations OFFICE OF THE DEPUTY CHIEF OF OPERATIONS The Deputy Chief of Operation is responsible for the day-to-day management of and has command authority over all operational and investigative components of the Department. I. Operations Bureau 1 A. Operations Bureau 1 will maintain sufficient line and support units to provide adequate, responsive and continuous police services for the Bureau’s area of responsibility. 1. Patrol Operations Bureau 1 Administration: a. Crisis Intervention Team (CIT): The Crisis Intervention Team will act as a liaison with mental health professionals and respond to crisis situations involving mentally ill persons. b. Hostage Negotiation Team (HNT): The Hostage Negotiation Team will provide the department with officers trained to deal with incidents involving barricaded persons, hostage situations and extended “stand-offs”. 2. North Precinct: The North Precinct will provide uniformed patrol in all areas of the City north of the Lake Washington Ship Canal to the City limits bordered by N. 145th St. 3. West Precinct: The West Precinct will provide uniformed patrol in all areas of the City that are bounded by the waterfront on the west, the Lake Washington Ship Canal on the north, the I-5 freeway on the east and Spokane Street on the south. 4. Effective Date: 1/8/08 a. Seattle Center Squad: The Seattle Center Squad will provide a uniformed presence on Seattle Center grounds and assist in staffing Seattle Center events. b. Pawnshop Squad: The Pawnshop Squad will be responsible for inspecting and regulating the buying and selling of merchandise by licensed used goods dealers. c. Retail Theft Program: The Retail Theft Program works with store security so that they can write their own shoplifting and criminal trespass reports instead of calling 911. Metropolitan Section: The Metropolitan Section will be comprised of the Harbor Unit, SWAT Unit, Mounted Unit, Canine Unit. a. Harbor Unit: The Harbor Unit will enforce the Harbor Code, perform rescue or recovery of victims of water mishaps and provide police patrol in Lake Union and Elliot Bay. b. SWAT Unit: The Special Weapons and Tactics Unit will apply specific tactical response to priority crime problems in uniform and plain clothes. c. Mounted Unit: The Mounted Unit will provide horseback patrol to be deployed as needed. The Mounted Unit will assist in the patrol function, crowd management, and public relations. Page 1 of 6 Section 1.110 Organization & Function: Operations d. II. Operations Bureau 2 A. Operations Bureau 2 will maintain sufficient line and support units to provide adequate, responsive and continuous police services for the Bureau’s area of responsibilities. 1. South Precinct: The South Precinct will provide uniformed patrol in all areas of the city south of the I-90 freeway and east of I-5. 2. Southwest Precinct: The Southwest Precinct will provide uniformed patrol in all areas of the city south of South Spokane Street and west of I-5. 3. East Precinct: The East Precinct will provide uniformed patrol in the area bounded by the Lake Washington Ship Canal on the north, the I-90 freeway on the south and the I-5 freeway on the west. a. 4. III. Canine Unit: The Canine Unit will provide tracking and detection support to patrol and investigative units, with the use of dogs. Youth and Community Outreach: The Youth and Community Outreach program will be administered by the East Precinct’s Operations Lieutenant. (1) Drug Court Section: The Drug Court Section will provide a liaison between the Department and court. The Drug Court liaison will attend drug court sessions, disseminate warrants and information, provide training for officers and detectives, attend staff meetings with the drug court team and proactively search for absconders (2) The Community Service Office Community Service Office: coordinates the reporting of juvenile runaways. Traffic Section: The Traffic Section will enforce traffic laws, expedite traffic flow, and assist Patrol when required. a. Traffic Collision Investigations Unit: The Traffic Collision Investigations Unit will be responsible for investigating all felony attempts to elude and serious vehicle collisions resulting in death, likelihood of death or substantial bodily harm. It will also provide technical support for the Collision Review Board. b. Motorcycle Unit: The Motorcycle Unit will enforce traffic laws and provide motorcycle escorts as needed. c. Parking Enforcement Unit: The Parking Enforcement Unit will enforce parking regulations and assist with traffic control. d. Traffic Enforcement Unit: The Traffic Enforcement Unit will target DUI drivers and provide emphasis patrol to recognized traffic problems. Criminal Investigations Bureau A. The Criminal Investigations Bureau will investigate serious crimes, identify and apprehend suspects, recover stolen property, prepare cases for the prosecutor and assist in the presentation of cases in court. 1. Violent Crimes Investigations Section: The Violent Crimes Investigations Section will be comprised of the Special Assignments Unit and the Homicide Unit. a. Homicide Unit: The Homicide Unit will be comprised of the Homicide / Assault Squad, Robbery Squad, Missing Persons Squad and the Bias Crimes Squad. (1) Page 2 of 6 Homicide / Assault Squad: The Homicide / Assault Squad will investigate felony and misdemeanor crimes and incidents against persons with the following classifications: homicides, assaults, kidnappings, abductions, carrying concealed weapons, natural deaths, suicides, industrial fatalities, disturbances, gunshot wounds, Section 1.110 Organization & Function: Operations harassment, obstruction & resisting arrest, injured persons, intimidating witnesses, menacing, reckless endangerment, suspicious circumstances, missing persons, and felons in possession of firearms. (2) Robbery Squad: The Robbery Squad will investigate felony crimes of robbery, extortion, and theft from a person. i. 2. Fugitive Felony Warrants Detail: The Fugitive Felony Warrants Detail will investigate all fugitive arrests made within the City, and all Felony Warrants that are generated within the City. (3) Missing Persons / Mental Detail: The Missing Persons / Mental Detail will investigate missing adults, found persons, assist Homicide / Assault Squad in the identification of deceased and unknown “John and Jane Does”, the investigation and identification of missing children, the publication of computer entries of missing children and the coordination of services with the Mental Health Professional regarding Department investigations of mentally ill persons. (4) Victim Advocate: The Victim Advocate provides outreach and offers individualized advocacy to victims with special needs, children, the elderly and those with language or cultural barriers to the criminal justice system. (5) Bias Crimes Coordinator: The Bias Crimes Coordinator will coordinate the Department’s efforts against “hate crimes” by handling directly or coordinating the follow-up investigation on all malicious harassment cases. This unit will compile and report on all hate crimes as required by state and federal statutes, and provide training and information on “hate crimes” to Department staff, other law enforcement agencies, and the general public. Gender and Age Crimes Section: Formally the Domestic Violence and Sexual Assault Section will be comprised of the Domestic Violence Unit and the Sexual Assault / Child Abuse Unit. a. b. Domestic Violence Unit: The Domestic Violence Unit will investigate serious domestic violence offenses and be responsible for offenses involving violations of court orders relating to domestic violence. (1) Victim Support Team (VST): The Victim Support Team provides assistance to victims of domestic violence. The VST provides safety planning, crisis intervention counseling, transportation and resource location services at the request of patrol officers. (2) Victim Advocate: The Victim Advocate provides outreach and offers individualized advocacy to victims with special needs, children, the elderly and those with language or cultural barriers to the criminal justice system. Sexual Assault/Child Abuse Unit: The Sexual Assault Unit will be comprised of a Sex and Kidnapping Registered Offender detail and two Sexual Assault Child Abuse Squads . (1) Sex and Kidnapping Registered Offender Detail: The Sex Offender Detail will track all registered sex offenders living inside the City. The detail will prepare sex offender bulletins, verify residency of released registered sex and kidnapping offenders, provide education to the public about sex offenders, and prepare cases regarding violations of residency requirements of sex offenders. Page 3 of 6 Section 1.110 Organization & Function: Operations (2) 3. 4. Special Investigations Section: Special Investigations Section will be comprised of the Street Vice Squad, General Investigations Squad and Special Investigations Squad. a. Street Vice Squad: The Street Vice Squad will be responsible for interdicting street prostitution, and for prostitution enforcement in hotels and liquor establishments. b. General Investigations Squad: The General Investigations Squad will investigate prostitution and under-age drinking cases. c. Special Investigations Squad: The Special Investigations Squad will investigate crimes involving gambling and escort services. The Internet Crimes Against Children Detail is part of the Special Investigations Squad. d. Auto Theft Squad: The Auto Theft Squad will be responsible for identifying, tracking and investigating motor vehicle related thefts, inspecting and maintaining records on all wrecking yards, scrap processors, and hulk removers that operate within the City limits. e. Polygraph Detail: The Polygraph Detail will be responsible for all polygraph duties within the Seattle Police Department. f. Fraud, Forgery, Financial Exploitation Squad: The Fraud, Forgery, Financial Exploitation Squad will investigate all check crimes, credit card forgeries, identify theft, crimes involving financial exploitation of vulnerable adults, fraud, theft by fraud, counterfeit and embezzlement cases. Narcotics Investigations Section: The Narcotics Investigations Section will be comprised of the Narcotics Administrative Unit and the Narcotics Proactive Unit. a. Narcotics Administrative Unit (1). b. General Investigations Squad: The General Investigations Squad will provide the following functions: i. General Investigations: General Investigations will provide follow-up investigations on narcotics arrests made by patrol officers and prepare the cases for prosecution. ii. Seizure/Forfeiture: Seizure/Forfeiture will use the asset seizure and forfeiture laws to seize assets that are used in or are the proceeds of narcotics trafficking; Abatement will follow up with property owners regarding locations of drug trafficking, per the abatement statute. iii. Technical Support will provide Technical Support: surveillance, technical, and video imaging support to the Narcotics Section and other Department units. iv. Camera/Alarm: Camera/Alarm will install, maintain and repair the VARDA alarms, 35mm and video camera surveillance at designated locations. Narcotics Proactive Unit: The Narcotics Proactive Unit is made up of the Proactive Squads and the Federal Task Force. (1) Page 4 of 6 Sexual Assault / Child Abuse Squads: The Sexual Assault / Child Abuse Squads will investigate sexual assault and attempted sexual assault against adults and other crimes where sexual motivation is the significant factor in the commission of a crime. The squad will also be responsible for the investigation of child abuse. Proactive Squads: The Proactive Squads are comprised of undercover detectives that will investigate and target mid and upper level narcotics Section 1.110 Organization & Function: Operations distributors. The squads also provide logistical support to the Precinct Anti-Crime Teams in addressing specific narcotics problems. (2) IV. 5. ID Section: The Identification Section is responsible for identifying unknown suspects though latent print investigation, fingerprinting the public and issuing Concealed Weapons permits. 6. Photo Lab: Process camera images for development, processing, printing and archiving of standard negative film and digital imaging for investigative and Department needs. Emergency Preparedness Bureau A. V. Federal Task Force: The Federal Task Force will investigate major narcotics organizations in conjunction with Federal law enforcement agencies. The task force also acts as a liaison between these agencies and the Department. The Emergency Preparedness Bureau will coordinate the Emergency Management Section, Field Support Section, Special Events Planning and Mobilization Unit. 1. Emergency Management Section: The Emergency Management Section will coordinate the City’s preparedness for, response to, recovery from and mitigation of the effects of disasters and emergencies. The Emergency Management Section will ensure that public resources are used effectively, injuries and loss of life are minimized, and public safety is maintained. 2. Field Support Section: The Field Support Section will be responsible for coordinating the Department’s resources for planned large scale events and for the oversight of the Seattle Police Operations Center (SPOC). 3. Special Events, Planning and Mobilization Unit: The Special Events Planning and Mobilization Unit will staff SPOC during a large-scale event. They will also coordinate all TV, movie, and commercial operations in the city in cooperation with the Mayor’s office. 4. Arson / Bomb & CBRNE Unit: This unit will be responsible for the investigation of incidents involving explosives, and all chemical, biological or radiological agents. The Arson Squad will be the liaison to the Fire Department’s Fire Investigation Unit. Independent units and units that are assigned at the precinct level A. Criminal Intelligence and Crime Analysis Unit: The Criminal Intelligence and Crime Analysis Unit will be comprised of the Special Investigations Squad, Organized Crime Squad Intelligence Squad and the Crime Analysis Squad. 1. Special Investigations Squad and Organized Crime Intelligence Squad: The Special Investigations Squad and Organized Crime Intelligence Squad will collect and analyze information on individuals and groups who are suspected of being involved in organized criminal activity, and will provide such information to the Chief of Police for crime prevention and decision making purposes. 2. Crime Analysis Squad: The Crime Analysis Squad will provide statistical analysis of criminal activity. B. Operations Unit: Each precinct may have an Operations Unit. The Operations Unit within the precinct will coordinate the efforts of the precinct’s ACT, CPT, SHA Grant Detail, Precinct Bike Squad and School Emphasis Team. C. ACT Squad: The precinct’s Anti-crime Teams will proactively address identified crime problems within a precinct. Page 5 of 6 Organization & Function: Operations Section 1.110 D. CPT Squad: The Community Police Team will work with the community to address identified crime problems within the assigned precinct. E. Equipment and Facilities Coordinator (Stationmaster): The Stationmaster will provide that the precinct has the supplies needed for daily operation as well as monitoring and maintaining precinct equipment. F. SHA Grant Detail: The Seattle Housing Authority Grant Detail will work to address criminal problems occurring on Seattle Housing Authority property. G. School Emphasis Team Detail: The School Emphasis Team will provide Seattle school students and district staff a visible police presence in the schools and at school activities. H. Explorer Post: The Seattle Police Explorer program is designed to bridge the gap between youth and the police by educating and involving them in police operations, and to interest them in law enforcement functions. I. Burglary Theft Squads (East, West, North, and South): The Burglary Theft Squads will be responsible for investigating burglary, theft, possession of stolen property and property damage. J. Juvenile Squads (North, Central, South,): The Juvenile Squads will be responsible for investigating all crimes involving juvenile suspects except for those pertaining to homicide, arson and narcotics sales. K. North Emphasis Task Force. L. SPOG President. Page 6 of 6 Seattle Police Department Policies and Procedures Title: Section 1.119 Chapter: 1 - Department Structure and Function 119 – Unit Number Assignment POLICY Unit numbers are designed to follow the functional command structure of the Department and should uniquely identify the specific assignment of employees to the squad or detail level. Unit numbers are an employee assignment focused numbering system and not a budget based numbering system. The Audit, Accreditation and Policy section of the Department will maintain the unit numbers and the Budget and Finance section will maintain budget related numbers. I. The unit numbering system uses the following rules of organization: A. Unit numbers consists of at least four and no more than five characters in the general format of A###A. Every unit number must be unique and every unit number must identify the lowest subdivision possible for the assignment that it represents. For example the unit number for East Precinct, third watch, Charlie Sector will be B243C. B. Character Designation: 1. Branch -- The first character in the series (B243C) identifies the branch of the Department in which the unit originates. The office of the Chief of Police and employees assigned directly to the Chief of Police are designated as branch A. All units under the Office of the Deputy Chief of Operations are designated as branch B and all units under the Deputy Chief of Administration are designated as branch C. 2 Bureau -- The second character in the series (B243C) designates the bureau or bureau level subdivision of assignment within a branch. In this case the 2 indicates that the unit is assigned to Operations Bureau 2. 3. Section -- The third character in the series (B243C) designates the section or section equivalent subdivision of assignment. For this example, the 4 indicates that the unit is assigned to the East Precinct. 4. Unit -- The fourth character (B243C) designates the unit, watch or equivalent subdivision of assignment: For legal purposes, this is the lowest work level subdivision of the department. In this case, the 3 identifies that it is a third watch unit. 5. Squad -- The fifth character (B243C) designates the squad, detail, or equivalent assignment within the unit or watch, or other assignments that have some need for specific identification at a level below the smallest work level to which they are assigned. This is the only character that may not be required to meet the specification of a unique, lowest level identification number. For this number the C indicates the Charlie Sector squad. Effective Date: 12/17/07 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 1.120 Chapter: 1 - Department Structure and Function 120 - Organizational Structure & Unit Assignment Numbers CHIEF OF POLICE A000 WEST PCT 2ND W COP ADMIN UNIT A000 WEST PCT 2ND W - DAVID B112D LEGAL AFFAIRS A001 WEST PCT 2ND W - KING B112K OPA (OFFICE OF PROF. ACCOUNTABILITY) A002 WEST PCT 2ND W - QUEEN B112Q INTERNAL INVESTIGATIONS A002I WEST PCT 2ND W - MARY B112M EMERGENCY MANAGEMENT A003 WEST PCT 2ND W - DAVID BEATS B112A POLICE FOUNDATION A004 WEST PCT 2ND W - KING BEATS B112B A005 WEST PCT 2ND W - MARY BEATS B112C CRIMESTOPPERS WEST PCT 2ND W - RELIEF SGTS B112Z B112P B112X DEPUTY CHIEF - OPERATIONS B000 WEST PCT 2ND W - PCT SUPPORT GUILD PRESIDENT B001 WEST PCT 2ND W - UNAVAIL PERSONNEL OPERATIONS BUREAU 1 B100 WEST PCT 3RD W FALSE ALARM DETAIL B100A B112 WEST PCT 3RD W - DAVID B113 B113D WEST PCT 3RD W - KING B113K B113Q WEST PCT B110 WEST PCT 3RD W - QUEEN WEST PCT OPS B119 WEST PCT 3RD W - MARY B113M B113A WEST PCT OPS - ACT DAY B119A WEST PCT 3RD W - DAVID BEATS WEST PCT OPS - ACT NIGHT B119B WEST PCT 3RD W - RELIEF SGTS B113Z WEST PCT OPS - CPT B119C WEST PCT 3RD W - PCT SUPPORT B113P WEST PCT OPS - BURG/THEFT WEST B119D WEST PCT 3RD W - UNAVAIL PERSONNEL B113X WEST PCT OPS - COMMERCIAL SEC B119E WEST PCT OPS - STATIONMASTER B119S NORTH PCT B120 WEST PCT OPS - SEA CTR B119I NORTH PCT OPS B129 WEST PCT OPS - UNAVAIL PERSONNEL B119X NORTH PCT OPS - ACT DAY B129A NORTH PCT OPS - ACT NIGHT B129B NORTH PCT OPS - CPT B129C B111D NORTH PCT OPS - BURG/THEFT NORTH B129D WEST PCT 1ST W - KING B111K NORTH PCT OPS - JUVENILE B129J WEST PCT 1ST W - QUEEN B111Q NORTH PCT OPS - STATIONMASTER B129S WEST PCT 1ST W - MARY B111M NORTH PCT OPS - NET B129N WEST PCT 1ST W - RELIEF SGTS B111Z NORTH PCT OPS - UNAVAIL PERSONNEL B129X WEST PCT 1ST W WEST PCT 1ST W - DAVID B111 WEST PCT 1ST W - PCT SUPPORT B111P WEST PCT 1ST W - UNAVAIL PERSONNEL B111X Effective Date: 12/17/07 Page 1 of 7 Section 1.120 Organizational Structure & Unit Assignment Numbers NORTH PCT 1ST W NORTH PCT 1ST W - BOY B121 CANINE/MOUNTED B173 B121B CANINE B173C NORTH PCT 1ST W - JOHN B121J MOUNTED B173M NORTH PCT 1ST W - LINCOLN B121L CANINE/MOUNTED - UNAVAIL PERSONNEL B173X NORTH PCT 1ST W - NORA B121N NORTH PCT 1ST W - UNION B121U NORTH PCT 1ST W - RELIEF SGTS B121Z NORTH PCT 1ST W - PCT SUPPORT B121P NORTH PCT 1ST W - UNAVAIL PERSONNEL B121X NORTH PCT 2ND W B122 NORTH PCT 2ND W - BOY B122B NORTH PCT 2ND W - JOHN B122J NORTH PCT 2ND W - LINCOLN B122L NORTH PCT 2ND W - NORA B122N NORTH PCT 2ND W - UNION B122U NORTH PCT 2ND W - RELIEF SGTS B122Z NORTH PCT 2ND W - PCT SUPPORT B122P NORTH PCT 2ND W - UNAVAIL PERSONNEL B122X NORTH PCT 3RD W B123 NORTH PCT 3RD W - BOY B123B NORTH PCT 3RD W - JOHN B123J NORTH PCT 3RD W - LINCOLN B123L NORTH PCT 3RD W - NORA B123N NORTH PCT 3RD W - UNION B123U NORTH PCT 3RD W - RELIEF SGTS B123Z NORTH PCT 3RD W - PCT SUPPORT B123P NORTH PCT 3RD W - UNAVAIL PERSONNEL B123X METROPOLITAN SECTION B170 SWAT B171 SWAT - DAY SQUAD 1 B171A SWAT - DAY SQUAD 2 B171B SWAT - NIGHT SQUAD 1 B171C SWAT - NIGHT SQUAD 2 B171D SWAT - UNAVAIL PERSONNEL B171X HARBOR B172 HARBOR UNIT - SQUAD A B172A HARBOR UNIT - SQUAD B B172B HARBOR UNIT - SQUAD C B172C HARBOR UNIT - SQUAD D B172D HARBOR SUPPORT B172S HARBOR UNIT - UNAVAIL PERSONNEL B172X CRISIS INTERVENTION UNIT B174 OPERATIONS BUREAU 1 SPECIAL ASSIGNMENTS B179 OPERATIONS BUREAU 2 B200 SOUTH PCT B230 SOUTH PCT OPS B239 SOUTH PCT OPS - DAY ACT B239A SOUTH PCT OPS - NIGHT ACT B239B SOUTH PCT OPS - CPT B239C SOUTH PCT OPS - BURG/THEFT B239D SOUTH PCT OPS - JUVENILE B239J SOUTH PCT OPS - STATIONMASTER B239S SOUTH PCT OPS - UNAVAIL PERSONNEL B239X SOUTH PCT 1ST W B231 SOUTH PCT 1ST W - OCEAN B231O SOUTH PCT 1ST W - ROBERT B231R SOUTH PCT 1ST W - SAM B231S SOUTH PCT 1ST W - RELIEF SGTS B231Z SOUTH PCT 1ST W - PCT SUPPORT B231P SOUTH PCT 1ST W - UNAVAIL PERSONNEL B231X SOUTH PCT 2ND W B232 SOUTH PCT 2ND W - OCEAN B232O SOUTH PCT 2ND W - ROBERT B232R SOUTH PCT 2ND W - SAM B232S SOUTH PCT 2ND W - RELIEF SGTS B232Z SOUTH PCT 2ND W - PCT SUPPORT B232P SOUTH PCT 2ND W - UNAVAIL PERSONNEL B232X SOUTH PCT 3RD W B233 SOUTH PCT 3RD W - OCEAN B233O SOUTH PCT 3RD W - ROBERT B233R SOUTH PCT 3RD W - SAM B233S SOUTH PCT 3RD W - RELIEF SGTS B233Z SOUTH PCT 3RD W - PCT SUPPORT B233P SOUTH PCT 3RD W - UNAVAIL PERSONNEL B233X Page 2 of 7 Section 1.120 Organizational Structure & Unit Assignment Numbers EAST PCT B240 SOUTHWEST PCT 1ST W EAST PCT OPS B249 SOUTHWEST PCT 1ST W - FRANK B251F B251 B251W EAST PCT OPS - DAY ACT B249A SOUTHWEST PCT 1ST W - WILLIAM EAST PCT OPS - NIGHT ACT B249B SOUTHWEST PCT 1ST W - RELIEF SGTS B251Z EAST PCT OPS - CPT B249C B251P EAST PCT OPS - BURG/THEFT B249D SOUTHWEST PCT 1ST W - PCT SUPPORT SOUTHWEST PCT 1ST W - UNAVAIL PERSONNEL EAST PCT OPS - JUVENILE B249J EAST PCT OPS - STATIONMASTER B249S EAST PCT OPS - YOUTH OUTREACH B249Y EAST PCT OPS - UNAVAIL PERSONNEL B249X EAST PCT 1ST W B241 SOUTHWEST PCT 2ND W B251X B252 SOUTHWEST PCT 2ND W - FRANK B252F SOUTHWEST PCT 2ND W - WILLIAM B252W SOUTHWEST PCT 2ND W - RELIEF SGTS B252Z SOUTHWEST PCT 2ND W - PCT SUPPORT SOUTHWEST PCT 2ND W - UNAVAIL PERSONNEL B252P EAST PCT 1ST W - CHARLIE B241C EAST PCT 1ST W - EDWARD B241E EAST PCT 1ST W - GEORGE B241G EAST PCT 1ST W - RELIEF SGTS B241Z SOUTHWEST PCT 3RD W EAST PCT 1ST W - PCT SUPPORT B241P SOUTHWEST PCT 3RD W - FRANK B253F EAST PCT 1ST W - UNAVAIL PERSONNEL B241X SOUTHWEST PCT 3RD W - WILLIAM B253W SOUTHWEST PCT 3RD W - RELIEF SGTS B253Z SOUTHWEST PCT 3RD W - PCT SUPPORT SOUTHWEST PCT 3RD W - UNAVAIL PERSONNEL B253P EAST PCT 2ND W B242 B252X B253 EAST PCT 2ND W - CHARLIE B242C EAST PCT 2ND W - EDWARD B242E EAST PCT 2ND W - GEORGE B242G TRAFFIC SECTION EAST PCT 2ND W - RELIEF SGTS B242Z TRAFFIC SECTION STATIONMASTER EAST PCT 2ND W - PCT SUPPORT B242P ENFORCEMENT UNIT EAST PCT 2ND W - UNAVAIL PERSONNEL B242X ENFORCEMENT UNIT - AM ENFORCEMENT B271A ENFORCEMENT UNIT - PM ENFORCEMENT B271P B271D EAST PCT 3RD W B243 B253X B270 B270S B271 EAST PCT 3RD W - CHARLIE B243C EAST PCT 3RD W - EDWARD B243E EAST PCT 3RD W - GEORGE B243G ENFORCEMENT UNIT - DUI SQUAD ENFORCEMENT UNIT - TRAFFIC COLLISION INVESTIGATION ENFORCEMENT UNIT - AGGRESSIVE DRIVING SQUAD EAST PCT 3RD W - RELIEF SGTS B243Z ADULT CROSSING GUARDS B271C EAST PCT 3RD W - PCT SUPPORT B243P ENFORCEMENT UNIT - UNAVAIL PERSONNEL B271X EAST PCT 3RD W - UNAVAIL PERSONNEL B243X MOTORCYCLE UNIT B271T B271E B272 B250 MOTORCYCLE UNIT - T1 SQUAD B272A B259 MOTORCYCLE UNIT - T2 SQUAD B272B B259A MOTORCYCLE UNIT - T3 SQUAD B272C SOUTHWEST PCT OPS - NIGHT ACT B259B MOTORCYCLE UNIT - T4 SQUAD B272D SOUTHWEST PCT OPS - CPT B259C MOTORCYCLE UNIT - T5 SQUAD B272E SOUTHWEST PCT OPS - BURG/THEFT B259D MOTORCYCLE UNIT - UNAVAIL PERSONNEL B272X SOUTHWEST PCT OPS - JUVENILE B259J SOUTHWEST PCT SOUTHWEST PCT OPS SOUTHWEST PCT OPS - DAY ACT SOUTHWEST PCT OPS - STATIONMASTER B259S SOUTHWEST PCT OPS - UNAVAIL PERSONNEL B259X Page 3 of 7 Section 1.120 Organizational Structure & Unit Assignment Numbers PARKING ENFORCEMENT UNIT INVESTIGATIONS BUREAU B700 B273A PEER SUPPORT B701 PARKING ENFORCEMENT UNIT - P2 SQUAD B273B CRIME GUN ANALYST B702 PARKING ENFORCEMENT UNIT - P3 SQUAD B273C VIOLENT CRIMES SECTION B710 PARKING ENFORCEMENT UNIT - P4 SQUAD B273D HOMICIDE & ASSAULT UNIT B711 PARKING ENFORCEMENT UNIT – P5 SQUAD B273E HOMICIDE SQUAD A B711A PARKING ENFORCEMENT UNIT - P7 SQUAD PARKING ENFORCEMENT UNIT - UNAVAIL PERSONNEL B273G HOMICIDE SQUAD B B711B HOMICIDE SQUAD C B711G COLD CASE SQUAD B711C CSI SQUAD B711D BIAS CRIMES B711E PARKING ENFORCEMENT UNIT - P1 SQUAD SOUND TRANSIT PROJECT B273 B273X B275 OPERATIONS BUREAU 2 SPECIAL ASSIGNMENTS B490 HOMELAND SECURITY BUREAU B600 MAYOR'S SECURITY DETAIL HOMELAND SECURITY SECTION HOMELAND SECURITY UNIT B600S B711X VIOLENT CRIME ADVOCATES B711V ROBBERY, FUGITIVE & GANG UNIT B712 ROBBERY SQUAD B611 FUGITIVE/FELONY WARRANTS B712F GANG SQUAD ROBBERY, FUGITIVE & GANG - UNAVAIL PERSONNEL B712G B611A SPOC & SPECIAL OPS HOMELAND SECURITY UNIT - UNAVAIL PERSONNEL B611S INTELLIGENCE UNIT - INVESTIGATIONS B711F HOMICIDE & ASSAULT - UNAVAIL PERSONNEL B610 OPERATIONS & PLANNING INTELLIGENCE UNIT POLYGRAPH DETAIL B712R B712X B611X B612 B612A ORGANIZED CRIME B612B GANG INTELLIGENCE B612C INTELLIGENCE UNIT - TECHNICAL ASSISTANCE B612D INTELLIGENCE UNIT - UNAVAIL PERSONNEL B612X CBRNE / ARSON / BOMB B613 ARSON/BOMB - SQUAD A B613A VIOLENT CRIMES TASK FORCES PUGET SOUND VIOLENT CRIMES TASK FORCE (PSVCTF) B719 B719A SPECIAL VICTIM CRIMES SECTION B720 DOMESTIC VIOLENCE UNIT B721 DV SQUAD A - INVESTIGATIONS B721A DV SQUAD B - SPECIAL UNITS B721B VST - VICTIM SUPPORT TEAM DOMESTIC VIOLENCE UNIT - UNAVAIL PERSONNEL B721V B721X ARSON/BOMB - SQUAD B B613B CBRNE SUPPORT B613C SEXUAL ASSAULT & CHILD ABUSE UNIT ARSON/BOMB - UNAVAIL PERSONNEL B613X SAU SQUAD A B722A SAU SQUAD B B722B SEX OFFENDER DETAIL B722C SAU - UNAVAIL PERSONNEL B722X SPECIAL CRIMES ADVOCATES B722V SPECIAL VICTIM TASK FORCES B729 NARCOTICS SECTION B730 PROACTIVE UNIT B731 FUSION CENTER IBRD B614 B615 B722 PROACTIVE SQUAD A B731A PROACTIVE SQUAD B B731B PROACTIVE UNIT - UNAVAIL PERSONNEL B731X Page 4 of 7 Section 1.120 Organizational Structure & Unit Assignment Numbers GENERAL INVESTIGATIONS UNIT ABATEMENT/FORFEITURE SQUAD GENERAL INVESTIGATIONS - TECHNICAL SUPPORT DRUG COURT LIAISON GENERAL INVESTIGATIONS - UNAVAIL PERSONNEL NARCOTICS TASK FORCES FEDERAL NARCOTICS TASK FORCE B732 B732A TEN PRINT - ID TECH - B B763B LATENT PRINTS B763C AFIS - ADMIN SQUAD B763D AFIS ID UNIT - UNAVAIL PERSONNEL B763X B732X B739 B739A ICAC UNIT B741 ICAC INVESTIGATIONS B741A ICAC - UNAVAIL PERSONNEL B741X VIDEO UNIT B742A MISSING PERSONS - UNAVAIL PERSONNEL B742X B750 VICE UNIT B751 LIQUOR LICENSE COORDINATOR B751L VICE GENERAL INVESTIGATIONS SQUAD B751A STREET VICE SQUAD B751B VICE UNIT - UNAVAIL PERSONNEL B751X C122V VIDEO UNIT - UNAVAIL PERSONNEL C122X DEPUTY CHIEF OF ADMINSTRATION C000 STRATEGIC POLICY C001 JAIL MANAGEMENT C002 AUDIT ACCREDITATION & POLICY SECTION C110 B752 AUDIT ACCREDITATION & POLICY UNIT C111A ACCREDITATION DETAIL C111C SECURITY DETAIL C111S POLICY DETAIL AUDIT ACCREDITATION & POLICY - UNAVAIL PERSONNEL C111P MEDIA RESPONSE UNIT C112A C112X B752B NEIGHBORHOOD POLICING UNIT CRIME ANALYSIS SPECIAL ASSIGNMENTS - UNAVAIL PERSONNEL B752C DEPLOYMENT DETAIL NEIGHBORHOOD POLICING UNIT - UNAVAIL PERSONNEL B753 B753A PHOTO LAB EVIDENCE UNIT C113 C113D C113X EDUCATION & TRAINING SECTION C120 EDUCATION & TRAINING UNIT C121 ADVANCED TRAINING - A FORENSIC SUPPORT SERVICES C112 MEDIA RESPONSE UNIT - UNAVAIL PERSONNEL B752A MAJOR CRIMES TASK FORCE C111X MEDIA RESPONSE SQUAD AUTO THEFT B752X C111 AUDIT DETAIL FRAUD, FORGERY & FINANCIAL EXPLOITATION SPECIAL INVESTIGATIONS TASK FORCES C122 VIDEO SQUAD B742 MISSING PERSONS SQUAD SPECIAL ASSIGNMENTS UNIT B763A B732B B740 SPECIAL INVESTIGATIONS SECTION TEN PRINT - ID TECH - A B763 B732C ICAC SECTION MISSING PERSONS UNIT AFIS IDENTIFICATION UNIT C121A B760 ADVANCED TRAINING - B C121B B761 RESERVES C121D FIREARMS TRAINING C121R FIELD TRAINING DETAIL EDUCATION & TRAINING UNIT - UNAVAIL PERSONNEL C121F B762 WAREHOUSE - DAYS B762A WAREHOUSE - NIGHTS B762B FOUND PROPERTY B762C PROPERTY DISPOSAL B762D EVIDENCE UNIT - UNAVAIL PERSONNEL B762X C121X Page 5 of 7 Section 1.120 Organizational Structure & Unit Assignment Numbers WSCJTC UNIT C123 HUMAN RESOURCES SECTION WSCJTC DETAIL C123A LEGAL ADVISOR WSCJTC UNIT - UNAVAIL PERSONNEL C123X EMPLOYMENT SERVICES UNIT EXPLORERS C124 C320 C320A C321 EEO C321A BACKGROUND INVESTIGATIONS C321B EMPLOYEE SAFETY C321C C321D FISCAL, PROPERTY & FLEET SECTION C130 RECRUITMENT FISCAL UNIT C131 SPECIAL RECRUIT PROGRAM C321E C321F C321X FISCAL C131A BLEA - ACADEMY RECRUITS FISCAL - UNAVAIL PERSONNEL C131X EMPLOY SVCS - UNAVAIL PERSONNEL FLEET CONTROL UNIT C132 PERSONNEL SERVICES C322 FLEET CONTROL C132A PAYROLL FLEET CONTROL - UNAVAIL PERSONNEL C132X PERSONNEL PROGRAMS C322B PERSONNEL RECORDS C322C LABOR RELATIONS C322D PROPERTY/QUARTERMASTER UNIT QUARTERMASTER PROPERTY/QUARTERMASTER UNIT - UNAVAIL PERSONNEL C133 C133A C133X BUDGET & FINANCE C140 BUDGET & FINANCE ADMIN C140 RESEARCH, GRANTS & CORPORATE SUPPORT C150 RESEARCH & GRANTS ADMIN C150 RESEARCH & GRANTS C150A RESEARCH & GRANTS - UNAVAIL PERSONNEL C150X FIELD SUPPORT BUREAU FACILITIES COORDINATOR COMMUNICATIONS SECTION C300 C300F C310 COMM ADMIN C311A COMM ADMIN UNIT - UNAVAIL PERSONNEL C311X COMM OPS & TRAINING UNIT C322A C312 COMM TRAINING C312T COMM - 1ST W C312A COMM - 2ND W C312B COMM - 3RD W C312C COMM - 4TH W C312D COMM - 5TH W C312E TRU - TELEPHONE REPORTING C312R COMM OPS/TRNG - UNAVAIL PERSONNEL C312X INFORMATION TECHNOLOGY SECTION C330 APPLICATIONS UNIT C331 APPLICATIONS C331A APPLICATIONS UNIT - UNAVAIL PERSONNEL C331X DESKTOP UNIT C332 DESKTOP OPS SQUAD C332A WIRELESS OPS SQUAD C332B DESKTOP UNIT - UNAVAIL PERSONNEL C332X NETWORK UNIT C333 NETWORK C333A NETWORK UNIT - UNAVAIL PERSONNEL C333X SPIDER PROJECT C338 SPECIAL PROJECTS C339 RECORDS SECTION C340 RECORDS UNIT C341 RECORDS - DAY SHIFT C341A RECORDS - SWING SHIFT C341B RECORDS - WAREHOUSER C341W RECORDS - UNAVAIL PERSONNEL C341X PUBLIC REQUESTS UNIT C342 PUBLIC REQUESTS - DAY SHIFT C342A PUBLIC REQUESTS - UNAVAIL PERSONNEL C342X Page 6 of 7 Organizational Structure & Unit Assignment Numbers JUVENILE RECORDS UNIT JUVENILE RECORDS SQUAD - A C343 C343A JUVENILE RECORDS SQUAD - B C343B JUVENILE RECORDS - UNAVAIL PERSONNEL C343X ARREST/DOCUMENT IMAGING UNIT C344 ARREST/DOCUMENT IMAGING - DAY SHIFT C344A ARREST/DOCUMENT IMAGING - SWING SHIFT ARREST/DOCUMENT IMAGING - GRAVEYARD SHIFT ARREST/DOCUMENT IMAGING - UNAVAIL PERSONNEL C344B AUTO RECORDS Section 1.120 C344C C344X C345 AUTO RECORDS - DAY SHIFT C345A AUTO RECORDS - SWING SHIFT C345B AUTO RECORDS - UNAVAIL PERSONNEL C345X DATA CENTER C350 DATA CENTER OPS C351 DATA CENTER - DAY SHIFT C351A DATA CENTER - SWING SHIFT C351B DATA CENTER - GRAVEYARD SHIFT C351C DATA CENTER - UNAVAIL PERSONNEL C351X DATA CENTER LEADS X351L Page 7 of 7 Seattle Police Department Policies and Procedures Title: Section 1.130 Chapter: 1 - Department Structure and Function 130 – Patrol Operations Order I. Procedure A. All extraordinary events requiring special patrol intervention and control where there is sufficient time for planning, will be planned and staffed utilizing a sequentially numbered Patrol Operations Order form obtained from the Special Deployment Unit. B. All Operations Orders will comply with the approved six Paragraph format: 1. Patrol Special Operation Order 20______#_______ a. Mission: (what is to be accomplished) b. Situation: (The “why” of the mission and those factors bearing on the mission). c. Concept of Operations: (operations plan and instructions on directives and policy to accomplish the mission, how and where) d. Command Control: (who is in charge? list chain of command). e. Task Organization: (units serials, names, sub-units of forces utilized and reporting of post time) f. Coordinating Instructions: (include names of key contact persons). (1) Radio Frequency (2) Signal (if extra radios need, where obtained) (3) Meals in the field (if applicable) (4) Transportation (if extra vehicles are needed- where obtained) (5) Special equipment to be utilized (location and issuance procedures) (6) Applicable laws and ordinances and governing enforcement. ________________________ Precinct Commander ________________________ Operations Bureau Commander (7) In the event that time precludes the preparation of a Special Event Patrol Operations Order, submit an After Action Report. 2. Distribute copies of the completed order in a timely manner. 3. Distribution list. a. Operations Bureau Commander. b. Participating unit commanders and supervisors. Effective Date: 8/4/03 Page 1 of 2 Patrol Operations Order Section 1.130 4. Submit event critique/after action reports using the same format to the Operations Bureau Commander upon conclusion of the operations for critique and budget purposes 5. Forward special event to Special Deployment Section upon termination of the event. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 1.140 Chapter: 1 - Department Structure and Function 140 – Special Event Planning I. Definitions A. Special Events B. 1. City approved, pre-planned event that requires police services which go beyond normal daily assignment duties. 2. Includes the following a. Sporting events b. Parades c. Concerts d. Fun runs e. Dignitary protection f. Community/Neighborhood events g. Fair, exhibits, and celebrations Unusual Occurrences 1. Planned or unplanned assembly or disruption, which may or may not occur in conjunction with a Special event. a. C. Requires on-duty or overtime Police services Emphasis Deployment 1. A pre-planned special deployment of Police resources to impact a specific problem that is specifically tied to a special event. a. This classification is typically utilized for cost allocation purposes tied to a special event. b. A special event emphasis deployment will not be scheduled over seven days before or two days following a special event. EXCEPTION: Prior authorization given by Operations Bureau Commander. D. Crime Suppression Emphasis Deployment E. 1. Pre-planned deployment of police resources to impact a specific problem. 2. Includes the following situations a. Narcotics trafficking b. Criminal gang activity c. Street crimes Planning 1. Development of operations orders to handle: Effective Date: 8/4/03 Page 1 of 6 Special Event Planning 2. F. a. Special events b. Unusual occurrences c. Emphasis deployments Section 1.140 Plans shall include a list of any logistical needs specific to the event. Examples may include temporary fencing, transportation, food and beverage for deployed officers, use of the mobile precinct, etc. Staffing 1. Identification and notification of personnel listed to work a special event. II. Deployment Section A. Responsibilities 1. Serve as the primary representative, and contact point, of the Police Department with regard to special events. 2. This includes but is not limited to the following a. Attending Special Event planning meetings b. Negotiation with promoters for events scheduled at the Seattle Center (1) Exceptional cases require a Seattle Center Detail representative c. Assist Kingdome Security with planning/staffing, as needed d. Coordinate with other City agencies 3. Advise Precincts/Sections of upcoming events affecting operations. 4. Develop operations plans, provide staffing plans, and/or supervise special events. 5. Serve as a repository for: a. Special event operations plans b. Staffing level deployment plans c. After action reports 6. Advise Commanders on Special Events. 7. Ensure appropriate corrections are made to plans for continuing or repeated special events. 8. Serve as the primary Police Department representative and contact point with regard to Disaster Management. III. Seattle Center Detail A. Description B. 1. Detail drawn from West Precinct. 2. Detail covers Seattle Center grounds and events. Responsibilities 1. Plan routine events occurring on the Seattle Center grounds. 2. Primary liaison between Seattle Center administration and the Deployment Section. 3. Keep Deployment Section apprised of all Seattle Center events. 4. Coordinate with Deployment Section on events falling under Deployment Section responsibilities (i.e. planning, negotiation, staffing). Page 2 of 6 Section 1.140 Special Event Planning IV. Event Planning A. Special Events 1. Deployment Section Responsibilities a. Develop Operation Orders for the following events: (1) City-wide annual Special Events (2) Large events involving police city-wide resources (3) Large one time events (i.e. Goodwill games, APEC) (4) Specific events, staffed in whole or in part by off duty SPD personnel, that may impact on-duty SPD resources. (5) Events requiring one or more City Permits. (6) Select Seattle Center Special Events. (a) Bumbershoot. (b) Folklife. (c) Bite of Seattle. (d) Major concerts. (e) Events requiring. overtime resources beyond sixty (60) hours on or off the Center grounds. (f) Events requested by the Seattle Center Detail (7) Kingdome events (inside). (a) Must be requested by Kingdome staff. (b) Approval of the Captain of Deployment Section required. (8) Commercial filming by private companies. (a) Any filming requiring one or more City permits. (b) Any filming on City property. (9) Events involving specialty unit resources (i.e. Traffic, Mounted). (a) Planning may be delegated to the specialty unit involved. (10) Other Special Events. (a) Request must be made in advance by Precincts or Sections requesting assistance. 2. Precinct Responsibilities a. Plan all events, not covered by Deployment Section, occurring within the borders of the Precinct. (1) Prior arrangements with the Deployment Section may be made for assistance or coverage of events. b. B. Coordinate with the Deployment Section as appropriate. Unusual Occurrence 1. Primary responsibilities for planning are assigned to the Precinct the event occurs in. 2. The Deployment Section may plan specific deployments. Page 3 of 6 Section 1.140 Special Event Planning a. C. Requires approval from the Operations Bureau Commander. Emphasis Deployment 1. Responsibility for deployment falls with: a. 2. Unit, Section, Precinct, or Bureau coordinating or deploying the resources. When several units are involved, one of the following may plan the event a. Deployment Section; or b. Any of the individual units involved. V. Staffing Events A. Special Events 1. Deployment Section responsibilities a. Provide staffing for events the Section has planned (1) Exclude events delegated by Directive or agreed to on a case by case basis b. Provide the following for On-Duty and/or Overtime Events (1) Publish a SPD Directive requiring officers and/or supervisors to staff the event NOTE: Short-term notice events may require notification in person or by phone (2) Attempt to solicit volunteers for staffing, if possible (a) Accommodate volunteers' requests for a specific type of assignment, if possible NOTE: Post assignments may not be requested (3) Assignment of personnel with special skills, equipment, or area familiarity, if required (4) Make every effort to provide reasonable notice of staffing requirements (5) Draft personnel if volunteers are not obtained (a) Drafting will be done on a seniority basis, least seniority drafted first (b) Patrol Personnel, until all non-patrol personnel have been drafted. (6) Exempt applicable personnel. c. Provide the following for events staffed wholly or partially by SPD Off-Duty personnel (1) Staffing for Seattle Center events falling under deployment Section responsibilities (i.e. Bumbershoot, Folklife); and (2) Staffing for events requiring sixty hours or more on Seattle Center grounds; or (3) Staffing for any events off the center grounds; or (4) Any events as requested by the Seattle Center Detail (5) Staffing for certain Kingdome events, as requested, if approved by the Captain of the Deployment Section (6) Staffing for filming requiring one or more city permits or occurring on City property (7) May publish courtesy notices of off-duty scheduling NOTE: Courtesy notices are not orders 2. Section/Precinct Responsibilities a. Page 4 of 6 Provide staffing for events planned by the section Section 1.140 Special Event Planning (1) Assistance from specialty units may be requested. (2) Notify personnel internally. 3. b. Provide requested personnel for events, unless exempted c. Section Commander or Bureau Chief will advise the Deployment Section of exemptions Seattle Center Detail Responsibilities a. 4. Staff Center events not assigned to the Deployment Section Exemptions a. All requests for exemption must be forwarded through the chain of command to the applicable Bureau Chief (1) Must obtain approval of the Operations Bureau Commander to draft Patrol personnel. b. Section commanders cannot authorize exemptions. c. Individuals scheduled for Unit/Section duty may be exempted by Bureau Commanders. (1) Individuals may be required to re-schedule Unit/Section duty. d. Student Officers (1) May be drafted with approval from the Operations Bureau Commander (2) If Student Officers drafted, their Field Training Officer will accompany them, if possible 5. Change of Assignments or Trading Assignments a. Officers requesting a change must (1) Sign a memorandum indicating agreement on the change (a) Both officers' signatures are required (2) Submit the memorandum for approval from the scheduling Unit, Section, or Bureau (3) The Section making the assignment must receive the memorandum at least two business days before the assignment roll call. b. Assigned shifts will not be split EXAMPLE: Two officers may not split an eight hour shift into two four hour shifts. B. c. Supervisors may not work in officers' slots; officers may not work in supervisors' slots d. Changes and/or trades may not be allowed for short notice events Unusual Occurrences 1. The Precinct of the occurrence will be responsible for staffing. a. C. The precinct may request assistance from the Deployment Section Emphasis Deployment 1. The Primary Unit, Section, Precinct, or Bureau deploying or coordinating the resources staffs the event. a. 2. When more than one Unit, Section, Precinct, or Bureau is involved in an event, any one of them may staff the event by mutual agreement City wide Events (i.e. Torchlight Parade, Seafair) VI. Event Command Page 5 of 6 Special Event Planning Section 1.140 A. Special Events 1. 2. 3. City wide Events (i.e. Torchlight Parade, Seafair) a. The Operations Bureau Commander will develop a rotating schedule b. Rotate the command among the affected Operations Bureau Captains Large Special Events a. The Deployment Section Commander may command the event b. Precinct Commander or Metropolitan Section Captain may command the event on agreement of all parties involved c. If agreement is not reached, the Operations Bureau Commander will assign command responsibility. Large One-Time Events. a. 4. The Operations Bureau Commander will assign the Commander for the event. Event staffed wholly or partially by off-duty SPD officers. a. Select Seattle Center Events are commanded by the Special Deployment Captain. b. Kingdome (inside). (1) By invitation of Kingdome security, the Deployment Section Captain may command the event. c. Filming. (1) Commanded by the Deployment Section Captain. 5. Events staffed primarily by Specialty Units. a. 6. Events Planned/Staffed by Precincts. a. 7. The Commander will be determined by the requesting Precinct or Section. Unusual Occurrences 1. The Precinct of the event shall have command responsibility, unless otherwise specified. a. C. Commanded by the Precinct Captain or designee. Other Special Events. a. B. The Commander will be selected by the Captain of the Specialty Unit. A Special Event Commander shall be assigned for the Special Event component of the Precinct event. Emphasis Deployment 1. The Commander of the Primary deploying or coordinating Unit, Section, Precinct, or Bureau shall command the event. D. Emergency Situations 1. Page 6 of 6 Any superior in the concerned Commander's immediate chain of command may take command if any deployment reaches the point that SPD personnel are in jeopardy. Seattle Police Department Policies and Procedures Title: Section 1.160 Chapter: 1 - Department Structure and Function 160 - University of Washington REFERENCES CALEA standards 2.1.2. POLICY Seattle Police officers will not conduct patrol activities or initiate primary police action on the University of Washington campus except in life threatening and serious felony situations. Officers may respond to the University of Washington campus in cases of emergency, such as a crime in progress, help the officer, or injured person. I. Definitions II. III. A. UW: University of Washington. B. UWPD: University of Washington Police Department. C. Serious Injury: Any injury that could produce death if not treated, or any injury, which actually results in hospitalization of the person injured. Procedure A. Officers responding to the campus for an emergency situation shall notify Radio immediately. B. Radio will send a Department supervisor to the scene of the incident to oversee the activities of Department personnel. Arrests by University of Washington Police A. IV. V. Arrests made by UW Police officers are screened and processed within their own department. They also conduct their own follow-up investigations. Follow-up Investigations A. The Department role, except in those instances where primary police action is allowed, will be limited to that of support and assistance to the UWPD. B. Seattle Police detectives may respond to investigate major crime scenes on campus if requested to do so by the Chief of the UWPD (or, in the UWPD Chief’s absence, the senior on-duty UWPD supervisor). C. When Seattle Police detectives respond to a major crime scene on the UW campus, the detective unit supervisor will direct the activities of UWPD officers present to provide crime scene security during the investigation after consulting with the UWPD supervisor at the scene. Use of Force by UWPD A. Whenever a UWPD officer uses force which results in death or serious injury to any person, jurisdiction will be decided according to the particular circumstances involved. 1. When initial contact and the use of force occur on campus, the UWPD will have primary jurisdiction; SPD will assume a secondary role, lending the UWPD investigative support as requested. 2. Initial contact occurring off campus which results in the use of force on campus falls under Effective Date: 10/20/05 Page 1 of 2 Section 1.160 University of Washington the jurisdiction of the UWPD. The SPD will have a secondary role in this circumstance. VI. 3. If initial contact is on campus but the use of force occurs off campus, the SPD will have primary jurisdiction. 4. When the initial contact and the use of force occur off campus, the SPD will have jurisdiction. Civil Disturbances A. The UWPD has primary responsibility for handling civil disturbances on the UW campus. B. Permission must first be obtained from the Seattle Chief of Police or Duty Captain when the Seattle Police Department is requested to assist the UWPD regarding a civil disturbance. C. The Seattle Chief of Police or Duty Captain must determine that the proper authorization procedure has been followed by the UWPD, and that the person asking the Seattle Police Department for assistance has the authority to make the request. D. In all cases of civil disturbance, the Department’s role will be limited to that of support and assistance to the UWPD. Radio will be notified immediately and a supervisor will be dispatched to the incident to assure that our secondary role is maintained. VII. The University of Washington’s Chain of Command A. University of Washington Administrative Order #2 (July 1992) spells out who in the University’s chain of command is authorized to make decisions regarding civil disturbances on the UW campus. B. The chain of command, in order of availability, is as follows: 1. President of the University, 2. Provost, 3. Executive Vice President, 4. Vice President for Student Affairs, 5. Assistant Vice President for Business and Personnel Services. VIII. Exceptions to Call Out Procedure A. B. Under the following circumstances, the Chief of the UWPD (or, in the chief’s absence, the senior on-call police supervisor) has authority to request SPD assistance in cases of civil disorder on the UW campus on behalf of the University President. 1. Neither the President nor any University officer listed above can be contacted within a reasonable period of time, given the immediacy and other circumstances of the threatened or actual civil disorder. 2. An actual civil disorder is in progress, and immediate action is necessary to protect persons or property from further injury or damage. 3. When the Seattle Chief of Police or Duty Captain cannot be reached to obtain permission as noted above, and the situation requires the Chief of the UWPD to act for the President, the North Precinct Commander or Watch Commander may authorize such assistance after being satisfied that the UWPD Chief has followed the proper authorization procedure. The Chief’s office and the Duty Captain will be notified as soon as possible in all cases where permission did not precede activity by Seattle Police officers on the University of Washington campus. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 2.010 Chapter: 2 - Department Employement 010 - Appointment of Civilian Personnel REFERENCES CALEA standards 33.7.2. POLICY City policy states that employees have the right to compete openly for positions on the basis of knowledge, skills, and abilities. This manual section shall apply to civilian employees not hired or promoted as a result of Civil Service examination. I. Authority A. II. Position Announcements A. III. Official advertisements for all regular position vacancies shall be coordinated by the City Personnel Director. City employees shall be notified through internal employment (Opportunity for Advancement) bulletins. Selection Process A. IV. Selection procedures for the upward movement of current City employees, as well as access to the employment process by members of the public, are approved by the City Personnel Director. The Director may make rules for employee transfers from one class to another, provided, that such transfer shall not constitute a promotion; and provided further, that the similarity of such class can be documented. The City Personnel Director shall evaluate applicants from the public and forward a list of applicants meeting the desired criteria at the request of the Department. Regular employees may apply directly to the Department personnel office for consideration. Final interviews and selection of regular employees shall be conducted by the Chief of Police or his designee. Exempt Positions A. The Department positions listed below are exempted from the evaluation process by statute: 1. Administrative Assistant to the Chief of Police, 2. All sworn positions included in the Public Safety Civil Service to include Assistant Chiefs and Deputy Chiefs, 3. Fiscal, Property, and Fleet Management Director-Police, 4. Police Human Resources Director, 5. Administrative Secretary, 6. Executive Assistant/Secretary, 7. All legal advisors and associate legal advisors, 8. Office/Maintenance Aide, 9. Office of Professional Accountability Director, and 10. All other Department positions that are listed in Seattle Municipal Code 4.13.010. Effective Date: 06/30/03 Page 1 of 2 Appointment of Civilian Personnel V. Recall and Reinstatement of Employees A. VI. Section 2.010 The City Personnel Director shall establish procedures governing the recall and reinstatement of employees who have been laid off, and may provide assistance programs to support the alternative placement of employees whose positions are targeted for layoff. Temporary Employment A. The City Personnel Director may promulgate rules distinguishing various types of temporary employment according to the City’s needs. These types of employment shall be exempt from Civil Service requirements. VII. Recommendations A. Page 2 of 2 No person shall use inappropriate pressure to effect the hiring of any candidate for City employment. The Mayor, City Council members, and their immediate staff shall not initiate any recommendations regarding candidates for employment with the City. They may, however, respond to requests for recommendations regarding their direct knowledge of a candidate’s ability, knowledge, and skill. Seattle Police Department Section 2.020 Policies and Procedures Title: Chapter: 2 - Department Employment 020 – Appointments, Probation & Evaluations REFERENCES CALEA standards 16.2.2, 16.3.3, 33.2.5, 32.2.10, 33.4.1, 34.1.2, 35.1.1, 35.1.15, 35.1.2, 35.1.3, 35.1.4, 35.1.5, 35.1.6, 35.1.7, 35.1.8, 35.1.9, 35.1.11, 35.1.12, 35.1.14. I. Definitions A. Civilian employee: Any Department employee other than a sworn employee. U U U U Sworn employee: A Department employee commissioned and empowered to enforce the criminal laws of the City of Seattle and State of Washington. B. U U II. Appointment to Office A. Chief of Police. The Chief of Police shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council. U U Subordinate Police Officers and Employees. All subordinate police officers shall be appointed by the Chief of Police under Civil Service Rules and Regulations. B. U U III. Employee Identification A. A serial number shall be assigned to each employee and shall be that person’s official identification within the Department. Each individual shall be responsible for including their name and serial number on all official reports and records prepared by them. B. Official Department identification cards will be issued to employees by the Human Resources Section. IV. Assignments - Sworn Employees A. Police Academy Training 1. B. All police recruits shall satisfactorily complete the course of instruction for the Basic Law Enforcement Academy conducted by the Washington State Criminal Justice Training Commission. They may be temporarily assigned to other duties, excluding law enforcement, by the Chief of Police. Openings 1. The Section/Unit commander of specialized and follow-up units must advertise an open position in the Department Notices at least 30 days prior to filling the position. Section/Unit commanders will request that applicants submit a memo of interest and/or resume for the position. 2. The Section/Unit commanders will send a memo to each applicant stating that their memo of interest/resume has been received. 3. The Section/Unit commander will submit a memo to their Bureau Commander noting the top three candidates in order of priority. The memo will also list the names of all the employees applying for the position, in alphabetical order. The Bureau Commander will decide who will fill the position after consulting with the Section/Unit commander. Effective Date: 5/10/05 Page 1 of 5 Section 2.020 Appointments, Probation & Evaluations C. D. 4. The Section/Unit commander (or designee) will send a memo notifying the person selected for the position. A memo will also be sent to each person who applied for the position and was not selected. This will be done before any official or unofficial announcement. 5. In an effort to assist candidates to be more competitive for future openings, commanders and/or supervisors are encouraged to provide appropriate feedback and recommendations, (e.g. training, experience, improved skills, etc.) to the employees not selected for the position. Voluntary Transfer Requests 1. The initial request for transfer is made by submitting a Department Memorandum through the employee’s chain of command to the appropriate Section Commander. 2. When a transfer is likely to occur, the Section Commander will advise the employee to submit a Personnel Transfer Justification/Request (form 1.82.) 3. The authority to sign transfer orders between bureaus is delegated to the Deputy Chief of Administration. Change of Assignment Reporting Time 1. E. Employees who have been transferred, detailed, or temporarily assigned to another section or unit will be excused from duty during the eight hour period immediately preceding the effective time and date of the assignment change. Detective Course and Assignment 1. Police detective or investigator assignments will require successful completion of a course of training established by the Commander of the Training Section. The Commander of the Training Section shall establish a training schedule to best maintain a sufficient number of eligible candidates for the detective vacancies within the Department. 2. The Detective Course shall be scheduled and administered by the Training Section and will include academic blocks of instruction as well as practical exercises for skill related training. The course will be structured around three core elements: a. Criminal Law b. Criminal Investigations c. Department Policy and Procedures related to criminal investigations. 3. Competency in all three core elements must be shown by successful completion of an examination at the end of the course. 4. Upon the successful completion of the Detective’s Course, the employee’s training record will be updated to reflect their eligibility status. Detective unit supervisors may verify a prospective candidate’s eligibility by contacting the Advanced Training Section. The employee’s eligibility for a Detective’s position will not expire. 5. Selection of personnel for a detective assignment shall be at the discretion of the respective Bureau Commander. a. In the event a particular individual is needed for a specific detective assignment and that individual has not completed the Detective’s Course or has not worked a detective assignment, said individual must successfully complete the next scheduled Detective Course. (1) Page 2 of 5 Failure to pass the Detective Course will eliminate their eligibility to work in a detective assignment. Eligibility may only be regained by passing the next scheduled Detective Course. Section 2.020 Appointments, Probation & Evaluations V. Probation A. Civilian Employees 1. B. Sworn Employees 1. C. The probationary period shall be equivalent to twelve (12) months full-time service from the date of hire. The probationary period shall be twelve (12) months from the date a police recruit successfully completes the Washington State Basic Law Enforcement Training Academy. Minor absences due to vacations, annual military leaves, illnesses, etc., shall not be construed as interrupting the probationary period. If absences become excessive, the Secretary of the Civil Service Commission will approve a Departmental request for an extension of the probationary period. (Civil Service Laws and Rules, Rule 12.03) Requests For Regular Status 1. At the end of the eleventh month of probation, the sworn probationer’s Section Commander or the civilian probationer’s supervisor shall submit a written report encompassing the probationer’s work performance record and qualifications and shall include a recommendation as to whether the probationer should be granted permanent status. This report shall be sent to the Personnel Services Section no later than one week after the end of the eleventh month of probation. VI. Performance Evaluations A. Sworn Employees 1. The Department has developed an evaluation system by which sworn employees may be evaluated. Besides documenting performance that meets or exceeds the standards set by the Department, the evaluation system also emphasizes the identification of deficient performance and training needs with the goal that all members are properly performing the duties of their positions. It shall be the responsibility of the supervisors to record the performance of their subordinates and their training needs, utilizing the ratings, measurements, and procedures as established in the Guide to the Performance Appraisal System. Periodic performance evaluations using the software provided by Human Resources that correspond to the respective positions shall be completed as follows: U U a. Each sworn employee shall be rated by their immediate supervisor. Upon completing the evaluation, the supervisor shall meet with the employee and discuss the evaluation. During the interview the employee shall have an opportunity to have questions concerning the evaluation answered by the supervisor and be permitted to make written comments on the Performance Appraisal Form (PAF) in the space provided. The evaluations shall then be reviewed by the next supervisor in the chain of command and forwarded to Human Resources on the following schedule: (1) Probationary sworn employees in the field training program (Phase II Training) shall be evaluated per current Field Training and Evaluation Program standards. (2) Upon completion of Phase II Training, the probationary sworn employee will advance to Phase III Training. During Phase III training and until the end of the probationary period, the assigned FTO will complete an Alternate Weekly Observation Report. A Monthly FTO Supervisor’s Report will also be completed until the end of the student’s probationary period. (a) Police recruits (Phase I Training) are not included in this system and will be evaluated by the State Criminal Justice Training Page 3 of 5 Section 2.020 Appointments, Probation & Evaluations Academy through the Basic Law Enforcement Training program or an appropriate training program conducted or contracted by the Department. (3) B. All non-probationary sworn employees will be evaluated a minimum of once a year, within 20 days of the employee’s hire date. Civilian Employees 1. The Police Department has implemented a performance evaluation system for nonexempt civilian employees. As with the sworn evaluation system, the primary goal of the civilian evaluation system is that civilian employees are meeting the Department’s performance standards for their respective positions. 2. Each civilian employee shall be evaluated by their immediate supervisor using the appropriate performance standards, ratings, measurements, and software distributed by Human Resources, per the Guide to the Performance Appraisal System. Upon completing the evaluation, the supervisor shall meet with the employee and discuss the evaluation, answering any questions the employee may have. During the evaluation meeting, the employee shall be permitted to write on the Performance Appraisal Form any comments relevant to the evaluation. The PAF shall then be reviewed by the next supervisor in line and forwarded to Human Resources on the following schedule: U C. U a. Once a year for all non-probationary employees, b. Every three (3) months for probationary employees, and c. Every three months for employees placed on the Special Evaluation Cycle who are chronically performing at a deficient level. Evaluation Appeals 1. Supervisors and managers shall provide a copy of the completed Performance Appraisal Form to the evaluated employee. If an employee disagrees with an evaluation and believes that ratings or comments on the evaluation are inaccurate or unjustified, and should be modified or removed, the employee may appeal the evaluation. VII. Appointments A. Except for the Chief of Police (appointed by the Mayor), Deputy Chief(s) and Assistant Chief(s) (appointed by the Chief of Police), all other sworn appointments are made by the Chief of Police on a permanent basis from a certified Civil Service list. B. Police Recruits, Police Reserves, and Other Commissions 1. Police Recruits: The duties of such position shall be to attend the Washington State Criminal Justice Training Commission accredited Police Academy until graduation and to perform other duties as assigned by the Chief of Police. The duties of a police recruit shall not include law enforcement duties, nor shall any employee holding such position be considered a law enforcement officer for purpose of any State law relating to police pensions. The Chief of Police may appoint and swear police recruits as police officers upon their graduation from the State accredited Academy. U U Police Reserves: Police Reserves are volunteer personnel selected from the community who serve without pay. They are under the Command of the Seattle Center Unit and are responsible for aiding and supplementing the Department in matters of routine police duty and assisting in the event of emergencies. 2. 3. Page 4 of 5 U U Retired Police Officer Commissions: The Chief of Police, at his discretion, may grant an extended authority Retired Police Officer Commission to any Seattle Police Officer who is retired in good standing for service and not for disability. Said authority may not be U U Section 2.020 Appointments, Probation & Evaluations used in any employment or profession except uniformed security employment. (See also DP&P - Resignations and Separations.) 4. 5. Special Police Commissions: Special Police Commissions may be approved by the Assistant Chief of the Field Support Bureau as a representative of the Chief of Police. The Employment Services Section is responsible for processing all applications. The duties of Commissioned Special Police will conform to City Ordinance. Special Police Commissions are valid only during the performance of duties for which the commission was issued. U U Honorary Police Commissions: Honorary Police Commissions may be issued by the Chief of Police to: U U a. Civilian Employees - Legal Advisor, etc. b. Professional Consultants - Chaplain Corps, etc. c. Any other individual whose activities warrant formal Departmental recognition or identification. Honorary Police Commission holders shall have no authority or responsibility to enforce laws and ordinances, beyond that of any other citizen, as provided for by law. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 2.030 Chapter: 2 - Department Employment 030 - Retirements & Separations REFERENCES CALEA standards 17.5.2, 26.1.7. I. Resignations A. Notice 1. B. Withdrawal 1. C. A former employee who resigned may request the return of their name to the proper eligible register for their class (Civil Service Rule 10.05). Retirements A. III. The Public Safety Civil Service Secretary may permit the withdrawal of a resignation only upon a written request filed within 180 days from the effective date of the resignation, if the request for withdrawal bears the favorable recommendation of the Chief of Police (Public Safety Civil Service Rule 17.02). Return to Eligible Register Following Resignation 1. II. Resignations shall be made in writing and submitted to the Chief of Police at least two weeks in advance of the final day of employment. Employees nearing the date of retirement shall notify the Department Personnel Services Section at least two weeks prior to their last day of work. This will provide adequate time for the preparation of necessary paperwork. Returning Department Property A. When any employee permanently vacates their office, the employee shall surrender all Department equipment and property to the Quartermaster. Human Resources shall ensure that a separating employee has returned all Department-issued equipment and completed the Seattle Police Department Return of Equipment (form 1.75). B. Human Resources shall notify a separating employee’s supervisor when an employee is starting the separating process and shall notify the supervisor of any outstanding equipment issues. C. Supervisors are responsible for insuring that separating or retiring employees return all Department property. D. 1. Supervisors will be responsible for making all reasonable attempts at recovering Department property that has not been returned. Efforts may include phone calls, letters, and in-person contacts. All efforts will be documented. 2. If, after reasonable efforts at recovery, Department property is still not returned, the supervisor shall complete a memo detailing the outstanding items and the efforts made to recover them. All documentation should be attached to the memo, which shall be forwarded through the chain of command to the Director of Human Resources with a copy to the Quartermaster Unit. Lieutenants and above must return badges and cap shields to the Fiscal, Property, and Fleet Management Section. Effective Date: 04/26/07 Page 1 of 3 Retirements & Separations E. IV. V. Section 2.030 In the event of death of an employee the Section/Precinct Commander to whom the deceased was assigned shall make proper disposition of all Departmental property that was in the possession of the deceased. Retired Police Officer Commissions A. Retired police officers may, within 2 years of retirement, request that an Extended Authority Commission be granted by the Department. B. Retired police officers desiring Extended Authority shall request and complete a Retired Police Officer’s Commission packet. C. Applicants shall also: 1. Acquire a Washington State approved First Aid Certification Card valid through the year of extended authority. 2. Qualify with their firearm in accordance to the Department policy. 3. Take the Retired Officers Commission Examination. 4. Pay a fee of $50.00 to the Department's Fiscal, Property, and Fleet Management Section and return the receipt to the Employment Services Section. D. After completing the above requirements, the retired officer shall be photographed by the Employment Services Section and issued a Seattle Police Commission Card that will expire January 15th of the following year. E. A retired police officer, who receives approval from the Chief of Police to obtain a Retired Police Officer Commission, may be issued a badge set, gun, vest, and handcuffs upon payment of a cash deposit equal to the value of the equipment selected or a sum determined by the Fiscal, Property, and Fleet Management Section. Such deposit shall be refunded in full upon return of the equipment in good condition. Discharge Or Removal For Cause A. Regular employees may be discharged from the Department only upon the filing by the Chief of Police or his designee of a written statement of the reasons for such discharge with the Public Safety Civil Service Commission (Public Safety Civil Service Rule 5.01 and City Personnel Rule 8.1.100). B. Although a discharge may be made for any other good cause, the following are declared to illustrate adequate causes for discharge. Page 2 of 3 1. False or fraudulent statements or fraudulent conduct as an applicant, examinee, eligible, or employee, or such actions by others with the applicant’s, examinee’s, eligible’s, or employee’s connivance. 2. Conviction of a criminal offense or misdemeanor involving moral turpitude. 3. Willful or intentional violation of any lawful and reasonable regulation, order or direction made or given by a superior officer. 4. Willful or intentional violation of any of the provisions of Civil Service law. 5. Incompetence or inefficiency in the performance of the duties of the position. 6. Improper or unauthorized use of City property or equipment. 7. Failure to pay or make reasonable provision for future payment of just debts. 8. Use of, or attempts to use, political influence or payment in securing appointment, promotion, transfer, leave of absence or increase in pay. Retirements & Separations C. VI. Section 2.030 9. Aiding in assessment or collection from any employee of the City appointed under Public Safety Civil Service Rules for the purpose of securing the nomination or election of any person to municipal office. 10. An attempt to induce any employee of the City to commit an illegal act or act in violation of any lawful or reasonable Departmental regulation. 11. Taking or giving of bribes. 12. Abusive or improper treatment of a prisoner or one who is under arrest or sentence; provided, the acts committed were not necessarily or lawfully committed in selfdefense, to protect the lives of others, or to prevent the escape of anyone lawfully in custody. 13. Unexcused absence from duty for three days. 14. Failure to pass a thorough medical examination in accordance with Public Safety Civil Service Rule 9.39. Discharge in such case is mandatory unless the employee is otherwise separated from the class to which probationary appointment has been made. 15. Other employment, which in any way conflicts with the City's interests or interferes with City employment. 16. Failure to successfully complete firearms qualification. In the event an employee is discharged for cause, the employee shall receive a written notification containing: 1. The reason for the discharge. 2. The effective date of the discharge. 3. The status of any retirement, insurance or other benefit accounts. Right to Demand Investigation (Discharges) A. A regular employee who is discharged or demoted may, within 10 days after the date of the Public Safety Civil Service Secretary's notification to the individual of such action, make written demand of the Public Safety Civil Service Commission for an investigation. B. The Commission will proceed to conduct a hearing at which the Department and the employee involved will be entitled to the attendance of witnesses, and the employee may be represented by counsel. C. After such hearing, the Commission shall make its finding and decision and certify the same to the Chief of Police, either sustaining the action or reinstating the employee (Public Safety Civil Service Rule 6.01). Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 2.040 Chapter: 2 - Department Employment 040 – Special Recruit Program REFERENCES SMC 14.12.010, 14.12.020, 14.12.290, 14.12.300. POLICY The Special Recruit Program is designed to provide remedial training and skill development for police officer recruits who fail a performance examination during their training at the State Academy in one or more of the following areas: I. • Defensive Tactics • Emergency Vehicle Operation Course (EVOC) • Firearms Assignment A. An assignment to the Special Recruit Program for police officer recruits is subject to approval by the Chief of Police. B. The Human Resources Section, at the request of the Chief of Police, will assign a police officer recruit who fails in one or more of the listed areas to the Special Recruit Program. C. Police recruits participating in the Special Recruit Program will be assigned to the Training Section. D. II. The Training Section will provide the identified area(s) of remedial training and skill development. 2. The Training Section will coordinate with the State Academy to schedule timely makeup examinations. The recruit will retain recruit status while assigned to the Special Recruit Program and will not perform police duties nor progress beyond recruit status until a Certificate of Graduation is awarded by the State Academy. Defensive Tactics/EVOC A. III. 1. In accordance with State Academy policy, make-up examinations for Defensive Tactics and/or EVOC can be scheduled by the student’s agency, beyond the student’s Academy graduation date. Students retain recruit status and do not receive a “Certificate of Graduation” until the make-up examination is successfully completed. The Special Recruit Program will provide remedial training for one make-up examination for Defensive Tactics and/or EVOC, with the make-up examination to be scheduled no later than 30 days after graduation. Firearms A. In accordance with State Academy policy, students who fail the State Academy Firearms midterm are suspended from the BLEA and a subsequent make-up examination may be scheduled by the student’s agency. The Special Recruit Program will provide remedial training for one make-up examination for the Firearms mid-term, to be scheduled no later than 30 days from the start of the suspension status of the student. Effective Date: 4/15/02 Page 1 of 2 Special Recruit Program IV. Section 2.040 B. Per State Academy policy, students who successfully complete the mid-term make-up examination may reenter the State Academy in a subsequent class at the mid-term Firearms session. C. Also, in accordance with State Academy policy, students who fail other firearm proficiency tests (i.e., block or section tests and practical proficiency tests) may be scheduled for make-up examinations beyond the student’s Academy graduation date. 1. Students retain recruit status and do not receive a “Certificate of Graduation” until the make-up examination is successfully completed. 2. The Special Recruit Program will provide remedial training for one make-up examination for other firearm proficiency tests, to be scheduled no later than 30 days after graduation. Extensions A. Page 2 of 2 In accordance with State Academy policy, all extensions for make-up tests must be submitted in writing by the student’s agency and are subject to the approval by the State Academy Commander. 1. All extension requests to the State Academy are at the discretion of the Chief of Police. 2. If the Chief of Police determines that extenuating circumstances exist, he/she may request extensions beyond 30 days. 3. Upon completion of remedial training by the Special Recruit Program and absent extenuating circumstances determined by the Chief of Police, failure of a make-up examination or failure to take the make up examination will result in termination. Seattle Police Department Section Policies and Procedures Title: 2.050 Chapter: 2 - Department Employment 050 – Collective Bargaining & Contract Management REFERENCES CALEA standards 24.1.1, 24.1.2. I. II. Collective Bargaining A. The Department shall abide by applicable laws and rules governing the collective bargaining process as set forth in RCW Chapter 41.56, Seattle City Charter Article XVI, Sec. 9, and SMC 4.04.120. B. The Department will negotiate in good faith with the representatives of public employee bargaining units and abide by the ground rules for collective bargaining that arise out of the collective bargaining process or labor arbitration. C. The Department commits to abide, in both letter and spirit, by the negotiated labor agreement that has been signed by the authorized representatives of the City and the bargaining units, and ratified by the City Council. Contract Management A. III. The Chief of Police or designee will: 1. Obtain a written, signed copy of the labor agreement. 2. Review and amend, if necessary, all written directives and procedures to coincide with the terms of the labor agreements. 3. Disseminate information relative to a new labor agreement, including modifications to existing agreements, to managers and supervisors of bargaining unit employees. Seattle Police Department Bargaining Units Union Name Classifications Covered Seattle Police Officers' Guild Police Officer Police Sergeant Seattle Police Management Association Police Lieutenant Police Captain Police Communications Director IFPTE, Local 17 - Technical Unit Identification Technician Photographer, Senior Info Tech Systems Analyst Photographic Services Supervisor Crime Prevention Coordinator Accounting Technician II Accounting Technician III Administrative Specialist I Administrative Specialist II Administrative Specialist III Administrative Support Supervisor IFPTE, Local 17 - Professional Unit IFPTE, Local 17 - Admin. Support Unit Effective Date: 5/19/04 Page 1 of 2 Section 2.050 Collective Bargaining & Contract Management Police Data Technician Police Data Technician, Senior Police Data Technician Supervisor IFPTE, Local 17 - Info Tech Professional Unit Info Tech Professional B JCC - Teamsters, Local 117, Appendix “H” JCC - PS&IE, Local 1239, Appendix “J” Equipment Servicer Laborer Utility Laborer Maintenance Laborer Warrant Officer Warrant Officer, Senior Warrant Officer Supervisor JCC - Teamsters, Local 763, Appendix “G” Washington State Council of County & City Employees Parking Enforcement Officer Seattle Police Dispatchers' Guild Police Communications Dispatcher I Police Communications Dispatcher II Police Communications Dispatcher III Police Communications Dispatcher, Chief Police Communications Analyst Systems Analyst – Police Teamsters, Local 117 Community Service Officer Community Service Officer Supervisor Evidence Warehouser Evidence Warehouser, Senior Teamsters, Local 117 Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 2.060 Chapter: 2 - Department Employment 060 - Grievances REFERENCES CALEA STANDARDS 25.1.2, 25.1.3. POLICY All employees shall be treated fairly in matters arising from their employment, and they shall have the opportunity to be heard fully any time they believe they have been treated unfairly. Formal grievance procedures usually evolve from informal attempts to resolve differences between employees and the Department. The grievance procedures shall be defined in collective bargaining agreements, Civil Service Rules, and City of Seattle Personnel Rules. I. Represented Employees A. II. Non-Represented Employees A. III. Employees who are members of a bargaining unit having a labor agreement with the City shall process their grievances according to the applicable grievance procedure provided by their agreement or Civil Service Rules. Non-represented Department employees shall process their grievances according to the grievance procedure provided by City of Seattle Personnel Rules, Chapter V, section 8. Maintenance, Control, and Analysis of Grievance Records A. The Director of Human Resources shall be responsible for the maintenance and control of grievance records. B. The Legal Advisor, with assistance from the bargaining unit liaisons, shall make an annual analysis of grievances. The Legal Advisor shall forward the report to the Chief of Police. Effective Date: 5/20/04 Page 1 of 1 Seattle Police Department Policies and Procedures Title: 3.010 Chapter: 3 - Employee Welfare I. Section 010 - Alcohol & Substance Use Intoxicants A. Employees shall not report for duty with the odor of an alcoholic beverage on their breath or under the influence of any intoxicant. B. Employees shall not under any circumstances consume intoxicating beverages in any police precinct, Police Department operated facilities, or police vehicles. This prohibition covers those facilities solely operated by or under the control of the Seattle Police Department. It does not extend to facilities operated by police related private organizations, such as the Seattle Police Relief Association, Seattle Police Officers’ Guild, the Seattle Police Athletic Association, or the Seattle Police Management Association. C. When there are indications that an employee has been affected by the use of an intoxicant while on duty, the employee shall be immediately required to submit to visual tests for intoxication. The results of the tests shall be reported on an Alcohol/Drug Influence Report (form 8.4b) and will be supplemented by a breath blood alcohol test administered by a supervisor. The lapse of time, expressed in minutes, between the initial report of observations of the accused employee’s condition and the tests shall be accurately recorded. D. Whether on- or off- duty, employees shall not consume intoxicating beverages while wearing any recognizable part of the police uniform. 1. A recognizable part of the police uniform includes, but is not limited to the uniform hat, blouse, jacket, shirt, badge, leather gear, or any other uniform item which would be recognized as such by members of the general public. E. On-duty employees working plain-clothes assignments shall not consume intoxicating beverages except when necessary to complete a particular assignment (e.g. officers in plainclothes conducting vice-related investigations). Officers involved in such investigations shall obtain prior approval to consume intoxicating beverages while on-duty from their immediate supervisor, or Section Commander. F. Whether on- or off- duty, employees wearing any recognizable part of the police uniform, as defined in paragraph D.1., shall not consume any food or beverage in any tavern, as defined by RCW 66.04.010(30), or the lounge area of any Spirits, beer, and wine restaurant licensed premises where intoxicating liquor is sold or offered for sale to the public for consumption on the premises. NOTE: This prohibition does not apply to the restaurant portions of Spirits, beer, and wine restaurant licensed premises. This section is not meant to prohibit, curtail, or in any way discourage uniformed officers from entering taverns or lounges in the normal performance of their duties. II. Narcotics, Dangerous Drugs, and Controlled Substances A. No employee shall use or possess, outside of duty requirements, any narcotic, dangerous drug, or controlled substance, whether on- or off-duty, except at the direction of a physician, dentist, or other medical authority for medical purposes. Any employee who is directed by such person to use a narcotic, dangerous drug, or controlled substance, shall not use such medication to the extent that their performance is affected while on-duty. Effective Date: 7/1/05 Page 1 of 2 Alcohol & Substance Use III. Section 3.010 B. Narcotic, dangerous drug or controlled substance: A drug, substance, or immediate precursor in Schedule I through Schedule V of Article II, RCW 69.50, Chapters 204 through 212. It does not include those drugs which can be purchased “over the counter” without a prescription, except those non-prescription drugs for which a signature is required. C. Prescription drugs which require a signature (i.e., cough syrups containing codeine, etc.) shall be reported in the same way as other narcotics, dangerous drugs, and controlled substances by employees who use them while on-duty. D. Refer to Procedure and Tactic Topic # 045 for response to suspected employee use of controlled substances (intoxicants). Medication On-Duty A. An employee using any medication which has side effects that might impair their performance while on-duty shall notify their immediate supervisor regarding the use of the medication. Employees who are directed by competent medical authority to use a narcotic, dangerous drug, or controlled substance while on-duty shall submit a Medical Release for Work (form 2.15). This form will list the type of medication prescribed and note any probable side effects it may cause, as well as any duty limitations resulting from the use of the drug. B. The supervisor will determine whether the employee will be allowed to perform their regular duties, be reassigned to limited duty, or relieved of duty for that shift. C. The Section Commander will, as soon as possible, consult with the Employment Services Lieutenant before determining the officer’s assignment while using the medication. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 3.030 Chapter: 3 - Employee Welfare 030 - Americans with Disabilities Act (ADA) POLICY The purpose of the Americans with Disabilities Act (ADA) is to eliminate discrimination against millions of Americans with disabilities. The ADA is civil rights legislation for people with disabilities. It affects all services provided to the public by the City of Seattle. To help the Department carry out the requirements of the ADA, we have a policy of reasonable accommodation for people with “disabilities” as this term is defined by law. People with disabilities cannot be excluded from participation in or be denied the benefits of services, programs, communications, or activities that we provide. This means that if an individual with a disability requests service, we may need to make special arrangements in order for them to participate in a program or receive the service in a way that is usable to them. Depending on the type of program or service offered and the nature of an individual’s disability, a person with a disability may need special assistance. To ensure that we are operating in a non-discriminatory manner, employees with public contact shall be sensitive to the special needs of people with disabilities. This may include noticing people who appear to need help, asking them if they need any special assistance, and trying to provide the assistance requested to ensure that the person with a disability receives service that is equivalent to that provided to others. Many employees have dealt with people with disabilities on a regular basis. However, there may be an increase in requests for services since the ADA has become effective and people with disabilities become more informed of their rights under ADA. I. General Information A. Deafness 1. B. If a person who is deaf needs a sign language interpreter, refer to the Section 3.009Interpreters/Translators. If you need to contact a deaf person by telephone and do not have access to a TDD, contact the Department of Social and Health Services (DSHS). DSHS provides a telephone relay service. Visual Impairments 1. People with visual impairments may request information in large print. This is easily done using a copier that can enlarge a document, or if the material is done using a personal computer it can be printed with a larger font size. 2. If information is requested in Braille, arrangements can be made through the Library of the Blind and Physically Handicapped. This requires at least one week notice. a. C. Employees may also volunteer to read the information to the person with the visual impairment. Special Communication Needs 1. Developmental disability is a broad term that includes many different disabilities which occur at birth or before reaching adult age. Examples are: cerebral palsy, mental retardation, spina bifida, autism, epilepsy, and other conditions. 2. Some persons with developmental disabilities may have special communication needs, while others may not. Effective Date: 7/1/96 Page 1 of 2 Americans with Disabilities Act (ADA) 3. II. Section 3.030 a. Some individuals have limited reading and comprehension skills and may not realize that they can ask for assistance. b. Some individuals have limited verbal skills and are difficult to understand or may sound as if they are intoxicated when they speak. c. Others may be non verbal and use communication boards or electronic equipment to communicate. Employees may be able to offer assistance by assisting in the completion of forms, giving clear and concise instructions, and providing additional information in a step-bystep format. Accommodations A. B. The ADA’s impact on public meetings and public information materials 1. Employees who are responsible for scheduling public meetings, must ensure that the meetings are held in accessible locations. 2. Public meeting notices must include statements that accommodations for persons with disabilities will be made upon request. Request information 1. C. Page 2 of 2 The most critical aspect when interacting with persons with disabilities is to make no assumptions. a. Ask what the person with the disability needs. b. ADA specifically requires that assistance be offered on a case-by-case basis. c. Persons with disabilities are as diversified as any other group and different people experience their disabilities in different ways. d. A decision on how to assist a person with a disability must be based on the facts about that individual and not on generalizations about what a class of individuals with a disability can or cannot do. If employees are unsure as to what type of accommodation to make or how to follow through with a request, they shall contact the Department’s ADA Representative in the Personnel Section. If employees require assistance during weekends or evenings, they shall contact the Communications Section for assistance in contacting the ADA Representative. Seattle Police Department Policies and Procedures Title: Section 3.035 Chapter: 3 - Employee Welfare 035 - Reasonable Accommodation (ADA) POLICY No qualified individual with a disability shall, on the basis of disability alone, be excluded from participation or be denied the benefits of services, programs, activities, or employment. The Department, subject to reasonable fiscal limitations, shall provide reasonable accommodations to the public, on request, for physical access, communications, or other needs in order to allow participation of people with disabilities in services, programs, and activities. Since the Department is an emergency service organization dedicated to protecting life and property and preserving public order, employees must respond to large scale emergencies, disorders, and major public events. Sworn employees, regardless of their current assignment, must be able to perform full law enforcement duties. The Department recognizes the requirement prescribed by the Americans with Disabilities Act (ADA) to make reasonable accommodations for the known or perceived physical or mental limitations of otherwise qualified employees with disabilities. I. Definitions A. II. A physical or mental impairment that substantially limits one or more of the major life activities of such individual, 2. A record of such an impairment, or 3. Being regarded as having such an impairment. [Ref. ADA Section 3(2)] There are four categories of reasonable accommodation: 1. Accommodations required to enable prospective employees and candidates to compete for a position, and provide equal opportunity in the application process, 2. Accommodations that enable the Department’s employees with disabilities to perform the essential functions of the position held or desired, 3. Accommodations that enable the Department’s employees with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities, and 4. Accommodations made that enable people with disabilities to participate in or receive the benefits of services, programs, and activities that the Department provides. Responsibilities A. IV. 1. Accommodation A. III. The term “disability” as determined by the U.S. Equal Employment Opportunity Commission, means, with respect to an individual: The Field Support Bureau shall coordinate reasonable accommodation requests by employees who have incurred disabilities in compliance with the American Disabilities Act. Accommodation Request Procedures A. A request for a reasonable accommodation will be made in writing by the affected employee, addressed directly to the Americans with Disabilities Act (ADA) Representative in the Field Effective Date: 02/22/02 Page 1 of 2 Reasonable Accommodation (ADA) Section 3.035 Support Bureau. The written request shall include: 1. Identification and a brief history of the employee’s disability, 2. A description of the accommodation(s) that the employee is seeking, and a. 3. Examples of reasonable accommodation may be provided by the Field Support Bureau. All relevant documentation, including any attending physician’s report describing the disability and the accommodation(s) required. B. Upon receiving a request for a reasonable accommodation, the ADA Representative shall review the request and all attached documentation. After reviewing the requirements of the Americans with Disabilities Act, the request shall be forwarded with a recommendation to the Director of Human Resources. C. The Director of Human Resources, after consultation with the concerned Bureau Commander and Department Legal Advisor, shall make a determination on all requests for reasonable accommodation. NOTE: Implementation of individual accommodations may be subject to negotiation with the City’s Personnel Department and the Department of Administrative Services where applicable. D. The Field Support Bureau shall notify the affected employee of the determination, if possible within 30 calendar days of submission of the request, and shall coordinate the accommodation process. E. Discrimination complaints shall be handled as prescribed in DP&P - EEO Complaints & Investigations. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 3.050 Chapter: 3 - Employee Welfare 050 - Coordinating Officer Fatalities REFERENCES CALEA standards 22.2.3, 22.2.4 RCW 69.50.505 SMC 3.28.101 I. Definitions A. B. C. II. Coordinating Officer 1. Rank of Lieutenant, 2. Assigned by the Bureau Commander of the Deceased, 3. Acts as the coordinator for all necessary arrangements. Liaison Officer 1. Assigned by the Coordinating Officer. 2. Close personal friend of the victim within the Department. 3. Serves as a liaison assisting the family. Event Officer 1. Honor Guard Commander. 2. In charge of organizing the funeral and associated ceremonies. Coordinating Officer Duties A. Determine if the officer’s spouse or family is in need of monetary assistance. 1. 2. B. a. Police Relief $5,000, and b. Police Guild $2,500. If there is no immediate need for funds, wait so that all the insurance claim forms can he handled at one time. This includes Social Security, Veteran’s Assistance Benefits, and City of Seattle Death Policies. Assign a plain car for full-time use until the tasks are completed. 1. C. Available funds: Use to transport the family until after the funeral. Gather the property from the officer’s locker and prepare a written inventory. 1. Assign an officer to assist and record items. 2. Check with spouse or family for disposition of property. 3. Return city property to the Quartermaster. a. Effective Date: 11/9/07 Complete in a timely manner so that the last pay check can be issued. Page 1 of 3 Section 3.050 Coordinating Officer Fatalities D. Check with Personnel Services Section regarding benefits. 1. Obtain and complete all necessary forms. 2. Take forms to spouse or next of kin for signature after the funeral. 3. The following documents are required in order to process claims: 5. a. Marriage certificate, if applicable. b. Birth certificate of any children. c. Certified copies of death certificate. Contact the deceased officer’s spouse or family to determine if they desire our assistance and inform them what services the Department will provide. a. 6. III. Evaluate if security measures are needed at family's home. Determine which city officials will attend the funeral. Event Officer A. Meet with the family and discuss funeral and other ceremony arrangements. Determine the type of funeral, burial or cremation, and how much Department participation is requested by the spouse or next of kin. 1. B. Coordinate with Department Chaplain. Mortuary 1. Spouse or next of kin must make arrangements. a. C. Funeral and Memorial Services 1. Date and time 2. Location 3. Pallbearers 4. D. E. a. Furnish a list to the mortuary. b. Make honorary pallbearer assignments. c. Notify all pallbearers. Seating Plan Honor Guard 1. Arrange for Color Guard. 2. Request mutual aid from other police agency Honor Guard units. Develop event plan with the assistance of the Special Deployment and Planning Unit 1. Page 2 of 3 Sign paperwork. The Special Deployment and Planning Unit will: a. Assist in writing the plan, b. Arrange transportation, c. Assign support personnel, d. Develop traffic control and escort plan with the assistance of Traffic Unit, and Section 3.050 Coordinating Officer Fatalities e. (1) Traffic Unit will coordinate traffic plan with other jurisdictions as needed. (2) Develop parking plan(s). Provide other planning support as needed by Event Officer. F. Brief Chief of Police or his designee, on the funeral ceremony. G. Ensure that teletype notification of the funeral is sent. H. Place information in the Department Notices including the following information: 1. Time and place of services and burial 2. Whether family wishes flowers or memorials, 3. Uniform of the day, and 4. Any other pertinent information. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 3.070 Chapter: 3 - Employee Welfare 070 – Early Intervention System PURPOSE An Early Intervention System (EIS) and Program has been developed for the purposes of identifying and supporting Department employees who demonstrate symptoms of job stress, training deficiencies and/or personal problems that may affect job performance. The first tier shall consist of several criteria that will be used to identify employees that exhibit certain defined stress indicators. The second tier shall consist of a series of steps and actions designed to intervene in the employee’s behalf in a positive and supportive manner. The purpose of the Program shall be to identify employees exhibiting signs of stress, intervene and provide support and counseling before the stress can affect the employees’ performance or result in conduct that is contrary to the mission and fundamental values of the Seattle Police Department. The ultimate goal of the program is to support the employee’s career development through counseling, training and correcting behaviors that may cause performance concerns. POLICY The Seattle Police Department Early Intervention System is an element of an effective and supportive personnel management program. An essential feature of this program is the early identification of employees who demonstrate potential symptoms of job stress, training deficiencies, or personal problems that affect safety or job performance. If identified for early intervention, various assistance strategies shall be tailored to address the specific issues affecting the employee. The Early Intervention System shall employ intervention strategies that are not punitive or disciplinary in nature. Using a two-tiered approach, the Early Intervention System and Program shall identify and support employees who demonstrate characteristics that may affect job performance. The first tier shall consist of several objective, job-related Indicator Criteria to identify employees who exhibit certain defined stress indicators. The second tier shall consist of intervention strategies designed to assist the employee in a positive and supportive manner. An employee shall be subject to review by the EIS Review Team when threshold levels for certain Indicator Criteria are met as described in the Matrix of Indicator Criteria and Threshold Levels (see page 2). I. Definitions A. Ad Hoc Participants: Department employees who may be added to an intervention review process whenever pertinent or necessary. B. Aggregate Indicator: An accumulation of certain Indicator Criteria to a defined threshold number and is then itself considered an Indicator Criteria and may trigger an intervention action when such aggregate number is reached. C. EIS Review Team: An unbiased, objective group of Department employees established for purposes of providing a systematic and comprehensive review of defined Indicator Criteria when such review is necessary and rendering an Intervention Recommendation to the Chief of Police. D. EIS Coordinator: A sworn employee assigned to the Human Resources Section at the rank of Sergeant or higher responsible for monitoring EIS data, administering the automated EIS Program, and acting as facilitator of the EIS Review Team. E. Ex Officio: A non-voting member or participant. F. Indicator Criteria: An event or incident that is used as a marker or indicator that may trigger an intervention review. Effective Date: 2/28/08 Page 1 of 5 Section 3.070 Early Intervention System G. Intervention Strategies: A series of actions or steps designed and recommended by the EIS Review Team to assist the employee in a positive and supportive way. H. Threshold: A point of level that, when reached, may trigger an intervention action. II. Matrix of Indicator Criteria and Threshold Levels Indicator Criteria Threshold Levels A. Receipt of commendations or awards. Reviewed by the Chief’s Office for consideration of additional recognition. B. Supervisory recommendations. Each will be reviewed. C. Use of force. Five (7) incidents of use within 6 months. D. Vehicle collisions. Three (3) within 24 months (preventable and nonpreventable). E. Failure to appear for court. Three (3) incidents within 12 months. F. Failure to appear for training. Three (3) incidents within 24 months. G. Named in Police Action Claims or lawsuit against the City/Department. Two (2) or more within 3 years. H. Receipt of OPA or EEO complaints. Three (3) complaints within 12 months. I. Five (5) incidents involving Indicator Criteria D. through H. within a 12-month period. Aggregate indicator. NOTE: Additional Indicator Criteria and associated Threshold Levels may be developed under the program, as necessary. III. Intervention Review Protocol A. EIS Review Report. 1. The Early Intervention System and Program has been established to provide an objective, systematic review of defined intervention criteria. It is designed to identify certain behavior indicators that may otherwise be insignificant when examined individually and, in so doing, allow the Department to support and assist the employee in addressing identified behavior patterns. 2. The employee’s immediate supervisor and chain of command shall be involved in the analysis of any employee identified as qualifying for the EIS Program. Once an employee is identified for EIS review, the EIS Coordinator in Human Resources shall notify the appropriate supervisor. The employee and his or her supervisor shall meet to review and discuss the initiating criteria and any other relevant circumstances. At the meeting, the supervisor will: 3. Page 2 of 5 a. Explain the purpose and process of an EIS Review. b. Discuss the factors leading to the review. c. Attempt to identify any causes that may have led to the review. In order to obtain a more complete view of an employee’s situation, the complete EIS review shall include as appropriate, but is not limited to, a review and discussion of the following: Early Intervention System IV. Section 3.070 a. Assignments during and immediately prior to the identified period (the period of time during which the criteria that triggered the review occurred). b. Any performance evaluations during that period, and/or interviews with present and prior supervisors. c. Commendations, letters of appreciation, and awards. d. All complaints and findings. e. On-duty vehicle collisions and off-duty vehicle collisions if operating a city vehicle. f. Available information in tort claims or lawsuits. g. Training history. h. Use of force. i. Absenteeism and other leave usage in conjunction with the Department’s Wellness Program. j. Any other information that may prove helpful in the overall evaluation. 4. The supervisor shall prepare an EIS Review that outlines the initial meeting with the employee, outlines the information reviewed, and any supervisory recommendations, which may include the recommendation of no further action. 5. The review shall be completed within thirty days of notification by the EIS Coordinator and forwarded back to the EIS Coordinator in Human Resources who will determine if the review is to be forwarded to the EIS Review Team. 6. The EIS Review Team shall conduct a review and analysis of the EIS Review Report and make a determination on whether or not there is a need for an intervention. Intervention Process A. If applicable, the employee’s supervisor and the next supervisor in the chain of command shall meet with the EIS Review Team. B. C. The Early Intervention System employs intervention strategies that are not punitive or disciplinary in nature and that are separate from the complaint investigation and discipline processes. The consideration of complaints in determining intervention strategies does not imply that these complaints have been or will be sustained. Should it be determined that an intervention is needed, intervention strategies may include, but are not limited to: 1. Review of related Departmental policies. 2. Coaching (a form of non-disciplinary counseling, by the employee’s supervisor or other organizational resource) 3. Career Development Activities, including training (e.g.: individual training, complaint avoidance, verbal deescalation, EVOC, defensive tactics, cultural diversity, human behavior, stress management, conflict management) and potential assignment options. 4. Referral to identified counseling or therapy program. Intervention is not disciplinary, and shall not be used instead of disciplinary action, which is a separate process from EIS. However, an EIS action does not preclude the investigation of an incident and any discipline that may result. D. Participation by Departmental employees in recommended intervention(s) may be voluntary or mandated. E. The EIS Review Team shall make a determination as to whether an intervention will be mandatory. F. All EIS Review Team recommendations for an intervention strategy shall be approved by the Chief of Police, or designee. Page 3 of 5 Early Intervention System Section 3.070 G. Participation in Departmentally mandated intervention strategies shall be considered on-duty for timekeeping purposes. H. Following a decision by the EIS Review Team that intervention is appropriate, the employee’s next two levels of supervision and other members of the chain of command that the supervisor deems appropriate shall meet with the employee to: 1. Review with the employee any issues identified during the review and any available, recommended or mandated intervention strategies. 2. Clarify and answer any questions the employee may have about the process, the issues or the intervention strategies. 3. Obtain additional input from the employee on EIS Review Team recommendations. 4. Advise the employee of any other resources available that may be of assistance. I. The Bureau Commander of the affected employee shall have ultimate responsibility for ensuring that recommendations of the EIS Review Team are implemented within a reasonable time, usually not to exceed 24 days from the time the recommendation was made and forwarded back to the EIS Coordinator. J. The employee’s supervisor shall be responsible for monitoring and notifying the EIS Coordinator, no less than monthly, of the status of any intervention strategy until it is completed. V. Post Intervention Monitoring A. Once the employee has completed the recommended intervention strategy, the employee’s supervisor shall notify the Bureau Commander through the chain of command, who shall then notify the EIS Coordinator. VI. Roles & Responsibilities A. The Early Intervention System and Program shall be facilitated and administered by the Human Resources Section. The EIS Review Team shall consist of the EIS Coordinator, the SPD HR Director, the Department Legal Advisor, the Training Commander, the Bureau Commander of the affected employee, a designated union representative and ad hoc participants, as appropriate. B. The roles and responsibilities of each participant are as follows: 1. EIS Coordinator. a. 2. SPD HR Director. a. 3. Page 4 of 5 The SPD HR Director shall present information related to personnel, labor and employment law issues. Department Legal Advisor. a. 4. The EIS Coordinator shall serve as an ex officio member of the EIS Review Team and shall monitor the EIS data for the occurrence of employees who have reached established EIS criteria threshold(s). Upon recognition that an employee has reached such a status or has a new event for a previously reviewed criterion, the EIS Coordinator shall notify the appropriate supervisor and request that an assessment of circumstances be provided. Upon receipt of the report summarizing this assessment the EIS Coordinator shall monitor the review and the intervention process. The Department Legal Advisor shall represent the legal rights and obligations of the Department. Training Commander. Early Intervention System a. 5. A bargaining unit representative shall be present during discussion(s) of the EIS Review Team. As a non-disciplinary proceeding, participation shall be focused on identifying the context of the working environment and resources available to the employee. Bureau Commander. a. 7. The Training Commander shall identify internal and external training opportunities and resources that could be made available to the employee. The Training Commander shall further address broad based Departmental needs that may be a direct result of the event(s) in question. Bargaining Unit Representative. a. 6. Section 3.070 Upon notification by the EIS Coordinator that one of his/her employees has triggered an intervention review, the Bureau Commander shall direct the appropriate chain of command in making an assessment of related circumstances and providing a report of findings to the EIS Coordinator. The Bureau Commander may present the findings and report regarding the employee’s EIS record to the EIS Review Team. The Bureau Commander shall be responsible for ensuring that all recommendations for intervention are implemented. The interventions shall be implemented within a reasonable time, usually not to exceed 24 days from the time the recommendation was issued. Ad Hoc Participants. a. Additional participants will be included as appropriate to the specific nature of or interest in the triggering criteria. VII. System Integrity A. The Department shall ensure that the Early Intervention System is free of erroneous information. When an employee disagrees with information contained in his or her EIS report, the information in question should be brought to the attention of the employee’s supervisor. The supervisor will communicate these details by requesting a review for a change or removal with the supporting documentation. The request for change must be made in writing by the employee’s immediate supervisor and approved by the next supervisor in the chain of command, who will then forward it to the attention of the EIS Coordinator. The EIS Review Team shall review the information submitted, make further inquiry if necessary, and advise the concerned supervisors of the historical documentation in the files. The EIS records shall be changed when they are shown to be incorrect. Moreover, if documentation is received that supports change in the EIS record for one employee and there are other involved employees with the same standing, changes will be made for all employees accordingly. VIII. Access To Early Intervention System & Data A. Upon request, employees shall be given a copy of their own existing EIS Review Report(s) on file. Additionally, supervisors may provide employees with a copy of their EIS Review Report with the annual Performance Evaluation. Supervisors can obtain copies of their employees’ reports via the EIS Coordinator. The Commander of the Field Support Bureau shall approve exceptions to the policy on access levels. Users of EIS data shall be strictly held accountable for the information’s privacy and confidentiality. Inappropriate use may result in discipline and possible criminal prosecution. B. Any request for specialized reports using the EIS data shall be directed to the EIS Coordinator and approved by the Commander of the Field Support Bureau. IX. Retention of Records A. Records associated with EIS shall be maintained in accordance with the State of Washington General Retention Schedule for Law Enforcement Agencies. Page 5 of 5 Seattle Police Department Section Policies and Procedures Title: 3.080 Chapter: 080 – Education & Travel Procedures 3 - Employee Welfare REFERENCES CALEA standards 33.1.3. RCW 42.24.150 POLICY There are different procedures that employees need to take depending upon the type of training and the location of the training. Training, conferences and seminars are divided into four types of sponsorship: I. 1). Seattle Police Department 2). City of Seattle 3). State (Washington State Criminal Justice Training Commission) 4). Other Employee Procedures A. If an applicant for training is sworn personnel then that employee should send any appropriate approved paperwork through the applicant’s chain of command. The paperwork is forwarded to the Training Committee. If an applicant for training is civilian, then the appropriate approved paperwork is forwarded to the A/C of the Field Support Bureau. B. The employee must establish who is sponsoring the training (SPD, City, State or Other) 1. If the training is SPD sponsored then a memo is required. 2. If the training is City sponsored and a fee is required: 3. Effective Date: 01/28/04 a. Link to the City’s In-Web page and retrieve a copy of the registration form from the TDE Unit. The Training, Development and EEO (TDE) Unit offer centralized training services for City Employees. Complete the form. b. Complete a Travel Request and Approval Form. c. Route through applicant’s chain of command. Attach a memo from the chain of command authorizing the time off. (1). If the applicant is sworn, the request is forwarded through the chain of command of the Training Committee, c/o the Training Section Captain. (2). If the applicant is civilian, the request is forwarded through the chain of command of the A/C of the Field Support Bureau. If the training is City sponsored and no fee is required: a. Complete a memo. b. Link to the City’s In-Web page and retrieve a copy of the registration form from the TDE Unit. The Training, Development and EEO (TDE) Unit offer centralized training services for City Employees. Complete the form. c. Complete a Travel Request and Approval Form. Page 1 of 3 Section 3.080 Education & Travel Procedures 4. d. Route through the applicant’s chain of command. e. Forward to the Fiscal Unit (Training/Travel). If the training is State (Washington State Criminal Justice Training Commission) sponsored and a fee is required, all paperwork must be forwarded to the Captain of Training. a. 5. 6. 7. II. Complete an electronic Travel Request and Approval Form along with the WSCJTC application and route through the chain of command through the level of Captain (Civilian Manager). Attach a memo from the chain of command authorizing the time off. (1). If the applicant is a sworn employee then it is forwarded to the Training Committee. (2). If the applicant is civilian the request is forwarded through the chain of command of the A/C of the Field Support Bureau. If the training is State (Washington State Criminal Justice Training Commission) sponsored and no fee is required, all paperwork must be forwarded to the Captain of Training. a. Complete the WSCJTC application. b. Complete a memo. c. Route the form through the applicant’s chain of command through the level of Captain. d. Forward it to the Captain of the Training Section. The Captain of the Training Section will forward applications to WSCJTC. Do not fill in the “Agency Authorization” portion of the application. By agreement with the WSCJTC, only applications signed by the SPD Training Captain will be accepted. If the training is sponsored by another agency or company (Other) and a fee is required: a. Complete an electronic Travel Request and Approval Form. b. Complete a registration form. c. Route through applicant’s chain of command. (1). If the applicant is sworn, the request is forwarded through the chain of command of the Training Committee, c/o the Training Section Captain. (2). If the applicant is civilian, the request is forwarded through the chain of command of the A/C of the Field Support Bureau. If Other and no fee is required: a. Complete the registration form. b. Route through the applicant’s chain of command. c. Forward to the sponsoring agency/school. Responsibilities A. Supervisor - applicant’s supervisor shall review and sign the applicant’s Travel Request and Approval Form. B. Fiscal Unit - shall register the employee for the training, process any payments or advances and notify the applicant when a cash advance is ready for release, if the training is approved. Page 2 of 3 Education & Travel Procedures C. III. Section 3.080 Employee - Contact the Fiscal Unit if all the necessary documents are not included (such as an airline ticket or meal allowance prior to the trip). Post-Training requirements A. Employees returning from any seminar, convention or school that required Department funds shall submit to the Training Section a completed Individual Course Attendance Record (Form 31.0). In addition, an employee may be required to forward a written summary of the training acquired, including any written materials, to the Training Section for review and duplicating. B. The employee shall complete the expense claim portion of the Travel Request and Approval Form. C. 1. Sign the form, certifying the accuracy of the costs and verifying the costs were incurred while on Department business and attach the original receipts. 2. Return any unexpected portion of the advanced funds on or before the fifteenth calendar day following the close of the authorized event period, in compliance with the provisions of RCW 42.24.150. The employee’s commander or civilian equivalent shall then review the claim and ensure that the claim receipts and any unexpended funds are submitted to the Fiscal Unit. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 3.090 Chapter: 3 - Employee Welfare 090 - Employee Recognition Awards Program PURPOSE The Seattle Police Department Employee Recognition Awards Program will formally recognize and reward exceptional performance and outstanding contributions made by the sworn and civilian employees of this Department during each calendar year, and the process will be guided by our Mission, Vision and Core Values. I. Eligibility A. II. All permanent, full time or part time Seattle Police Department employees or temporary employees having at least 3 years with the Department are eligible to participate in the Awards Program. Awards Process A. B. Employee Recognition Committee (ERC) 1. An Employee Recognition Committee (ERC) shall be established to oversee the Employee Recognition Awards Program. 2. The Human Resources Bureau will select the ERC members and have lead responsibility for the Committee. The ERC should have representatives from each of the bureaus which may include civilian, sworn, management and support staff members of the ERC will serve 3 year terms. 3. The ERC will meet as needed and as determined by the Human Resources Bureau to initiate the nomination process, review nominations, select the award recipients, and coordinate the awards ceremony. Award Categories 1. Medal of Valor a. 2. Medal of Courage a. 3. Effective Date: 9/23/03 An individual recognized for going above and beyond the expectations of their position which impacted a problem, issue or event. Excellence a. 5. Awarded to civilian employees who take action during an emergency with the intent to save a life, help the injured, or assist law enforcement. Outstanding Public Service a. 4. Awarded to sworn employees who knowingly perform conspicuous acts of courage under life threatening circumstances so that others might live. Consistently demonstrated exceptional work performance which made positive contributions to the Department. Community Ambassador Page 1 of 2 Section 3.090 Employee Recognition Awards Program a. 6. Cultivated a productive working relationship between community members and the Seattle Police Department. Inspirational a. Consistently promoted a can-do approach which inspired others to achieve performance excellence. 7. Innovation a. Developed a creative solution to a long standing problem which embodied the characteristics of courage, risk-taking and/or perseverance. Note: The ERC may add, delete, or change categories or definitions as necessary. C. D. E. Nomination Process 1. This is an employee generated awards program in which any Department employee may nominate another eligible Department employee or work group based on the seven award categories. A work group may consist of a team, work unit, squad or combination of individuals working together. 2. The ERC will publicize the Awards Program and nomination process and distribute the nomination packets throughout the Department. 3. The nominator must complete the nomination form and return it to the ERC by the specified deadline. In addition, the nomination form should include a detailed description of why the nominee qualifies for the award. The nominator is responsible for identifying two additional references. The nominator must give each reference a Nomination Reference Form to be completed by the reference and submitted to the ERC by the specified deadline. 4. At the conclusion of the nomination period, the ERC will review the nominations and select the award recipients. Selection Process 1. Award nominations will be reviewed by the Nomination and Selection sub-committee of the ERC. The sub-committee will evaluate and select the finalists through a “blind selection process” in which the nominations reviewed will be absent the nominee’s identity. This will provide a consistent, unbiased and credible selection of the award recipients. The recipients will be selected based on the merits of their achievements. 2. The sub-committee will present the finalists to the full ERC who will approve the final selection for each of the categories. The award recipients will be notified, and the selections will be publicized Department-wide. Awards Package 1. Page 2 of 2 The Chief of Police will present the awards package to each award recipient at the annual Employee Recognition Awards ceremony. The awards package may include an engraved memento, gift certificate, paid day off and/or a certificate of appreciation. The ERC will determine the awards package on a yearly basis. Seattle Police Department Policies and Procedures Title: Section 3.160 Chapter: 3 - Employee Welfare 160 - Honor Guard POLICY The Honor Guard shall provide official Department representation at ceremonial occasions as directed by the Chief of Police or his designee. These occasions include, but are not limited to: officers killed in the line of duty, officers that die during service, officers that die after retirement, out-of-agency services (e.g., citizen honorariums, parades, civic events), and National and State memorial services (e.g. National Law Enforcement Memorial Week, Washington, D.C., Medal of Honor Awards, Olympia, WA, etc.). The Honor Guard shall aspire to highest level of professionalism in all aspects of operation. Individual members shall maintain the highest standards of integrity. I. Command Structure A. B. C. Deputy Chief of Operations 1. Responsible for the overall administration of the Honor Guard. 2. Will designate two members of the Honor Guard as Honor Guard (Unit) Commanders. Honor Guard Commanders 1. Responsible for planning, organizing, staffing, training, directing, controlling, and coordinating all ceremonial Honor Guard functions. 2. Shall serve as Department coordinators for all “Killed In The Line of Duty” services. 3. Shall designate a Detail Commander. Detail Commander 1. D. The Detail Commander shall be responsible for: a. The overall operation of the Honor Guard at a particular event in the absence of a Honor Guard Commander, b. Assignment of personnel to a detail, c. Formal notification of assignments through tele-communications or Department mail, d. Making arrangements for transportation, equipment, lodging, expenses, etc., and e. Operation and completion of the detail, i.e., inspection of personnel and equipment, compliance with rules and regulations, ceremonial protocol, etc. Honor Guard’s Quartermaster 1. Effective Date: 3/5/02 One member will be appointed by the Honor Guard Commanders to serve as Quartermaster. The Quartermaster will be responsible for: a. Equipment and uniform acquisition and dispersal, and b. Maintenance of all records under their control. Page 1 of 3 Section 3.160 Honor Guard II. Membership A. The Honor Guard shall consist of at least 25 members (including the two Honor Guard Commanders). Members shall be sworn officers and may be from any section within the Department. B. Qualifications 1. Satisfactory completion of the police officer probationary period as determined by the Personnel Section. 2. No excessive sick time usage. Sick time use must not exceed Department averages. 3. No excessive tardiness for work. 4. Supervisor recommendation. a. 5. No sustained findings related to Department charges for the 12 months preceding the application and no discipline action pending at the time of application. a. III. The applicant’s immediate supervisor (Sergeant or above) must submit a written recommendation approving the officer’s application for membership in the Honor Guard. Supervisors should consider the applicants work and attendance records. Department charges are defined for this section as charges that would tend to bring dishonor to the Honor Guard. 6. Ability to maintain military bearing while performing tasks in adverse conditions for prolonged periods of time. 7. Successful completion of an oral board interview. 8. Willingness and ability to respond to Honor Guard assignments, training, and other details with minimal notice. Member Responsibilities A. B. C. Membership in the Honor Guard brings with it certain responsibilities. These responsibilities include, but are not limited to: 1. Maintaining all issued equipment and uniforms in excellent condition, 2. Returning all issued uniforms and equipment in excellent condition to the Honor Guard’s Quartermaster when membership in the Honor Guard has ended, 3. Maintaining outstanding personal appearance, 4. Attending all assignments, training and other details as assigned, and 5. Proper performance of assigned duties. Duty Assignments 1. Honor Guard members designated to participate in an approved function shall first be selected from available members on shift at the time of assignment. Approved participation in an Honor Guard function shall be considered a duty assignment. 2. All Overtime Requests shall be approved by a Honor Guard Commander and forwarded for final review and approval to the Deputy Chief of Operations. Training 1. Page 2 of 3 The Honor Guard will be authorized at least six scheduled training sessions annually and additional practices as needed for a “Killed In The Line Of Duty” service. Sched- Section 3.160 Honor Guard uled training sessions will be published in the official SPD Notices at least one week in advance of the training session. Additional training sessions and practices must be approved by the Deputy Chief of Operations. 2. D. Removal 1. IV. Members are expected to attend all training and practice sessions and to make themselves available for Unit details. Members who fail to attend three practices or who decline three Honor Guard assignments in any given calendar year shall be subject to removal from the Honor Guard. Any member who fails to fulfill their obligation to the Honor Guard as identified in this manual section may be removed from the Unit after an appropriate review by: a. Both Honor Guard Commanders, and b. The Deputy Chief of Operations. Uniforms and Equipment A. Restrictions 1. The official Seattle Police Department Honor Guard Uniform will not be worn at any unauthorized function without prior written approval of an Honor Guard Commander. a. B. For the purposes of this section, an unauthorized function is one to which a member has not been assigned by a Honor Guard Commander as an official representative of the Honor Guard. Replacement / Repair 1. No more than two uniform replacements will be permitted per calendar year for the Unit. 2. Uniform and equipment repair will be made as needed. 3. Purchase or replacement of other equipment will be authorized only on a need basis. 4. All requests for disbursement of funds will be enumerated on a Purchase and Supply Request (form 1.5) and forwarded through an Honor Guard Commander to the Deputy Chief of Operations for final approval. 5. The Honor Guard’s Quartermaster will coordinate all uniform and equipment needs, and will ensure that equipment is maintained in proper condition. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 3.170 Chapter: 3 - Employee Welfare 170 - Honoring those Killed in the Line of Duty POLICY The Seattle Police Department has a long tradition of honoring officers who have given their lives in the line of duty. No greater sacrifice can be asked, and there is no more solemn an occasion than the tragic loss of a police officer. The Department and its members pay tribute to fallen officers and in a demonstration of respect and honor shall adhere to the protocols set forth. Other protocols may be established as circumstances dictate. I. II. Definitions - General Information A. Badge of Mourning: The Seattle Police badge, with a one-half inch (1/2”) wreath of black tape, or similar material, affixed horizontally across the center. B. Local Agency: A law enforcement agency in King, Pierce, or Snohomish counties. C. On May 15, of each year, all police facility flags will fly at half-mast in recognition of Peace Officers Memorial Day. D. The Chief or his designee shall designate the uniform of the day for all “Killed in the Line Of Duty” services. E. Variance from this manual section shall be made only by the Chief or his designee. Seattle Police Officers and Firefighters A. The badge of mourning shall be affixed immediately after the death of an officer or firefighter, and will remain until 72 hours after internment or memorial service. B. All flags at police facilities shall be lowered to half-mast at the time of death and will remain at that position until 72 hours after internment or memorial service. 1. III. IV. V. A traditional banner may be affixed to police facilities recognizing the fallen officer. These banners are made of cloth or nylon and are blue and black in color. Other Local Agencies A. The badge of mourning will be worn only on the day of death and again on the day of internment or memorial service. B. Flags will not be lowered. Other Washington Jurisdictions A. The badge of mourning will be worn only when directed by the Chief or his designee. B. Flags will not be lowered. Jurisdictions Outside Washington A. No local observance. B. Officers attending services will wear a badge of mourning only while enroute to or from, and while actually attending, the service. Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 3.180 Chapter: 3 - Employee Welfare 180 – Illness & Injury REFERENCES CALEA standards 22.2.1, 41.3.7 I. Confidentiality of Medical Information A. II. Medical Absence Reports (form 2.11) are personnel records and are afforded protection from unwarranted disclosure, under R.C.W. 42.17.310. It is the responsibility of Department supervisors and administrators to ensure that employees' personal privacy is respected. It is necessary to regard an employee’s medical condition as confidential information, and should not be disseminated without their permission. This includes notification about employee illness issues sent via radio, e-mail, group-wise, or VMDT. In any instance of a Department-wide notification being made, do not disclose medical information about an employee without their permission. Definitions A. “Eligible family member” for the purposes of sick leave usage means: 1. The employee’s dependent child - i.e. the biological, adopted, foster or step child of an employee or his or her spouse/domestic partner, or a legal ward of a child for whom the employee or his or her spouse/domestic partner stands in loco parentis who is (a) Under eighteen (18) years of age; or (b) (18) years of age or older and incapable of self-care because of a mental or physical disability. 2. The employee’s domestic partner designated by the employee in an Affidavit of Domestic Partnership or otherwise as provided by the SMC Section 4.30.010. 3. The grandparents of an employee or his or her spouse/domestic partner (i.e. the parent of an employee’s birth, adoptive, foster or step parent; or the parent of an employee’s spouse’s or domestic partner’s birth, adoptive, foster or step parent). 4. The employee’s birth, adoptive, foster or step parent or an individual who stood in loco parentis to the employee when the employee was a child; or a birth, adoptive, foster or step parent or individual who stood in loco parentis to the employee’s spouse or domestic partner when the spouse or domestic partner was a child. 5. The employee’s legally recognized spouse. B. “Health care professional” means a person whose services are of a type for which compensation is paid under any City health care plan. C. Eligibility - Family and Medical Leave 1. If you are currently married, or participating in a domestic partnership and use your accumulated sick leave as authorized by the Family and Medical Leave Ordinance you must establish eligibility as follows: a. Effective Date: 2/18/08 File an Affidavit Of Marriage / Domestic Partnership with the Human Resources Section during the regularly scheduled open enrollment for medical coverage, if currently married or participating in a domestic partnership. Page 1 of 9 Section 3.180 Illness & Injury D. III. b. File an Affidavit Of Marriage / Domestic Partnership with the Human Resources Section if you wish to use the benefits of the Family and Medical Leave Ordinance, within 30 days of the commencement date of a marriage or establishing a new domestic partnership. c. File a Statement Of Termination Of Marriage / Domestic Partnership (City of Seattle form) with the Human Resources Section within 30 days of a divorce or termination. You may not file a new Affidavit Of Marriage / Domestic Partnership until 90 days have elapsed from the termination of the prior partnership. Place of recovery: 1. The residence at which the employee resides when commuting daily to work, 2. The hospital at which the employee is admitted, or 3. Any other address specifically identified by the employee as their residence during the recovery period. Accumulation/Use of Sick Time - LEOFF II and Civilian Employees This manual subsection is meant to be a guide and is not meant to confer any rights independent of labor agreements, ordinances, civil service regulations or state statutes relating to sick leave. Sworn employees appointed after September 30, 1977, “and who are represented by the Police Officers' Guild will receive whatever benefits of the City's sick leave program as are established in the labor contract between the City and such organization.” (Reference: SMC 4.24.010) A. All classified Civil Service employees are eligible for cumulative sick leave per Civil Service regulations. 1. IV. Exempt employees are eligible for cumulative sick leave per SMC Chapter 4.24. B. Employees shall accumulate sick leave credits from the date of entering City service and shall be entitled to such leave with pay after thirty calendar days of employment. C. Officers appointed after September 30, 1977 (LEOFF II) and civilian employees who accrue sick leave may use accumulated sick leave to care for their eligible family member (as defined by SMC 4.04.005, Section A) and the absence of the employee from work, or when such absence is recommended by a health care professional. This ordinance imposes no limitation on the amount of accumulated sick leave that may be used for the care of dependent children and other authorized persons. (See also Section 1.273 - Family and Medical Leave.) D. Conditions that do not qualify an employee to use cumulative sick leave: 1. When an employee is suspended or on leave without pay and when laid off or on other non-pay status, 2. If an employees sickness occurs when off work, on weekends (furloughs), holidays, or at any other time outside the regular work schedule, 3. If an employee has a slight illness or indisposition which does not prevent the employee from performing their regular duties, 4. When the disability is self-inflicted through deliberate or negligent actions by the employee, and 5. If an employee is injured or disabled while working for an employer other than the City of Seattle and the illness or disability arises there from. Sick Leave for LEOFF I Employees A. Page 2 of 9 LEOFF I employees are entitled to take up to six months of sick leave per indisposition. Section 3.180 Illness & Injury B. V. Officers appointed prior to October 1, 1977, (LEOFF I) are not eligible for the benefits of the Family and Medical Leave Ordinance -in that they cannot use accumulated sick leave while on Family Medical Leave. Disability and Ordinary Illness (Sworn and Civilian) A. All sick time will be assumed to be ordinary illness or off-duty incurred injury; and income tax will be withheld, unless: 1. The sick time involves an injury incurred during on-duty time, and all required and/or appropriate Industrial Injury forms are completed and submitted in a timely manner as provided for in Part VII of this procedure; or 2. The illness or injury can be clearly shown to be service connected, and all required and/or appropriate Industrial Injury forms are completed and submitted in a timely manner as provided for in Part VII of the procedure. NOTE: Both 1 and 2 above must be properly documented. B. Utilization of Long Term Disability for LEOFF II and Civilian Employees 1. If the employee is utilizing the long term disability insurance provided by SMC 4.34.055 or current collective bargaining agreements, the employee will (after a 30 day elimination period for LEOFF II officers or a 90 day elimination period for civilians) have the option whether to utilize sick leave, compensatory time, or vacation time prior to being placed on an unpaid leave of absence. 2. Where an employee has exhausted their sick leave balance, the employee may use vacation time for medical reasons only with prior approval of the Chief of Police or his designee. C. Endorse any checks from the State of Washington, or any insurance companies (received as disability compensation for periods wherein City pay is received), as payable to the “City of Seattle Treasurer's Office.” Submit these checks to the Department's Fiscal, Property, and Fleet Management Section promptly upon receipt. D. As soon as notification is received that an employee is sick or injured, the supervisor shall prepare a Medical Absence Report (form 2.11) and immediately forward the appropriate copy to the Employment Services Lieutenant. 1. A Medical Absence Report (form 2.11) is to be completed for all authorized use of sick leave that results in time loss. 2. A Medical Absence Report (form 2.11) is a confidential document that becomes part of the employee's personnel file. Therefore, the original and all copies shall be forwarded in a sealed envelope. 3. The original form shall be retained by the commanding officer of the absentee. When the employee returns to duty, the first line supervisor shall enter the date and time of return and sign it, obtain the employee's signature on the form, and forward it in a sealed envelope to the Wellness and Accountability Lieutenant. 4. A supervisor from the sick or injured person's unit of assignment shall contact the employee at least once every three days during the first two weeks of absence. Supervisors shall immediately notify their commanding officer of any suspected violation of sick leave regulations. After the first two weeks, future contacts shall be made by the Employment Services Lieutenant. Supervisors are encouraged to maintain contact with employees during lengthy absences. 5. During long-term absences due to sickness or injury, the Employment Services Lieutenant (or designated representative) is required to contact the employee periodically throughout the absence and shall report any unusual circumstances to the employee's Page 3 of 9 Section 3.180 Illness & Injury Bureau Commander. The Employment Services Lieutenant shall keep records of contacts made with employees. NOTE: Timekeeping - When an employee working other than a 5 and 2 schedule begins an anticipated or obvious extended sick leave (15 or more calendar days), they shall be placed on a 5 and 2 schedule. Employees and supervisors are reminded that should a LEOFF II or civilian employee use all of their accumulated sick leave, they must use any other accumulated time (vacation, comp, holidays, etc.) before they go to a no-pay status. VI. Sick Leave Reporting Responsibility A. B Personnel who are sick or injured and are unable to appear for duty shall notify or have notification sent to their supervisors or commanding officers at the beginning of or prior to the start of their regularly assigned shift on the first day of their request to be absent from duty. 1. Notification of the employee’s supervisor shall be as soon as possible when an illness (or, for LEOFF II and civilian employees, care for a dependent child, spouse, or domestic partner’s illness) occurs while on vacation or compensatory time off and will extend into the period in which the employee is to return to duty. 2. A completed Family and Medical Leave (FML) certification must be on file in order for a period of absence to be designated and reported as FML. Place of Recovery 1. While on sick leave, an employee shall not leave their place of recovery without prior permission from the Director of Human Resources or the Employment Services Lieutenant. Permission shall not be denied if the employee has a signed health care provider’s certification advising that the employee is unable to work and that recovery from the illness or injury will not be impeded by allowing the employee to leave their place of recovery. a. 2. Exceptions to the requirement for prior permission are visits for medical treatment, sudden unexpected personal emergencies, attendance at religious services, and voting. Employees who change their place of recovery shall promptly notify the Employment Services Lieutenant. In any event, notification must be made within 48 hours. NOTE: Employees who wish to recover at an address outside the Puget Sound Basin shall make a written request to the Director of Human Resources justifying the need to recover outside the immediate area. LEOFF I officers will be governed by the rules of the Seattle Police Pension Board when requesting out of state travel during sick leave. VII. Return To Duty A. The Washington State Insurer Activity Prescription Form (APF) replaced the Department’s Medical Certification for Work (form 2.15) as of February 19, 2008. This form is available through the SPD Web. B. LEOFF I Employees 1. Sworn personnel (hired prior to October 1, 1977), before returning to duty from an absence due to illness or injury of more than five (5) consecutive days, shall submit a health care provider’s certification on a Insurer Activity Prescription Form (APF) to their supervisor and to the Employment Services Lieutenant attesting to their fitness for duty. a. Page 4 of 9 The Seattle Police Pension Board may require a separate examination. A Board Doctor shall conduct this examination. Section 3.180 Illness & Injury b. C. The Director of Human Resources (or designee) shall then inform the employee via the chain of command, whether their return is to remain conditional or their return is to a full duty status. LEOFF II and Civilian Employees 1. All uses of sick leave, except for funeral leave, which exceed four (4) consecutive days and any illness or injury in which the health care provider’s certification approves return to work with medical or physical restrictions must be reported on a Insurer Activity Prescription Form (APF). Forward the completed form to the Employment Services Lieutenant. VIII. Procedure for Reporting On-Duty Injury A. All employees shall promptly report each occupational illness or injury to their immediate supervisor, regardless of the degree of severity. B. An Investigating Supervisor's Report of Employee's Industrial Injury (form 2.22) must be completed by a supervisor for each incident of an employee injury (including verifiable occupational exposure or illness) not previously reported. 1. It shall include specific information that describes how and why the illness or injury is “service connected.” The completed form shall be distributed with the original and one photocopy to the Safety Officer and one photocopy each to the Employment Services Lieutenant, Personnel Records -Team and the employee’s unit of assignment (4 copies). C. If the illness or injury results in any work time loss, a Medical Absence Report (form 2.11) must be filled out for the injured employee by a supervisor. The supervisor shall note on the form, the General Offense Number or other pertinent information to establish the injury or illness as duty related. D. The Insurer Activity Prescription Form (APF) must be completed whenever an employee receives medical attention from a health care provider for an on-duty injury, prior to their return to duty. 1. This form requires completion and a signature from the attending health care – professional. E. Copies of accident reports, Officer Statements (form 9.27), and supervisor's reports pertaining to the employee's injury or illness shall be sent to the Safety Officer at the earliest date. F. LEOFF II Officers and Civilian Personnel - Report of Injury, Labor and Industries Self Insurer Accident Report (SIF-2) 1. Under State law an employee must file a claim within one year from the date of the accident or within two years from the date a health care provider has advised the employee that they have contracted an occupational disease. 2. Prompt reporting assures each worker that their injury will receive adequate medical attention and that other applicable benefits will be provided on a timely basis. 3. The first line supervisor must be notified of any industrial incident and shall be responsible for following through on further reporting requirements. 4. When to Report: a. Where there has been a sudden unexpected and tangible event that results in injury to an employee, the employee is required to report the incident immediately to their supervisor. In no event shall the employee report the injury later than the scheduled end of the current work shift. b. Where an employee is uncertain as to any particular event but has reason to believe the symptoms are related to on-the-job exposure, the employee shall Page 5 of 9 Section 3.180 Illness & Injury report the symptoms and suspicion of industrial causation to their supervisor immediately. In no event shall the injury be reported by the employee later than after the start of the employee's next scheduled shift. 5. Reporting Procedures a. Page 6 of 9 The Supervisor upon receipt of such report shall always complete an Investigating Supervisor’s Report of Employee Industrial Injury (form 2.22). A Self Insurer Accident Report (SIF-2) should be filled out by LEOFF II or civilian employees (or supervisor) if any medical treatment is required. (1) Medical treatment is defined as care provided by a non-departmental medical clinic or personnel. For example, if the only medical treatment were by Medic I under a health care provider’s direction, a SIF-2 would not be necessary. (2) If there is no medical treatment documented by a SIF-2 form, any time loss will be charged to the sick leave of the employee. b. The top portion of the Self Insurer Accident Report (SIF-2) must be completed by the injured employee, or their representative if the injury is severe and the employee cannot personally complete the form. c. The employee shall retain their copy of the form. Special attention should be directed to the reverse of this copy, which contains a statement of the worker's rights and obligations. The supervisor shall review this with the worker at the time the form is distributed. d. The immediate supervisor shall complete the lower portion of the form (entitled “employer”) and may make a photocopy of the completed form for Unit records purposes. e. The completed form shall be delivered to the Industrial Insurance Unit, mail stop 13-13-01, in the City Personnel Department within 24 hours. (1) If mailing or transportation of the report will exceed 24 hours, the supervisor shall call the Industrial Insurance Office and provide a telephone report of the accident. (2) If the accident notification occurs on a weekend or holiday, the report shall be delivered by the next working day to the Industrial Insurance Office. f. A photocopy of the completed form will be sent to the Employment Services Lieutenant. g. The supervisor should also obtain from the employee the details of the incident including, but not limited to: (1) The date, time, and place where the incident occurred; names of witnesses and co-workers present, (2) Identification of the vehicle(s) or equipment involved in the incident, (3) History of prior similar incidents at this location or with this employee (if any), (4) Immediate symptoms/signs of injury perceptible by the supervisor, (5) Symptoms/signs reported by the injured employee, and (6) The name and address of the health care provider who will be providing initial treatment. Section 3.180 Illness & Injury G. XI. i. Whenever possible, the employee and the supervisor should complete the form at the initial meeting. When an employee receives medical treatment or suffers time loss from work as the result of an occupational injury or illness, a Return to Work/Time Loss Certification (City of Seattle form CS 32.35) must be completed, in addition to the State’s Insurer Activity Prescription Form (APF). This form is initially completed by the employee and the health care provider. Signatures of the employee, -health care provider, and a supervisor are required prior to forwarding the form to the Employment Services Lieutenant. Sick Leave Abuse Investigations A. X. The supervisor should review with the employee, all portions of the claim form and assist the employee with any questions on the manner of completing the form. Additional Procedures for Processing On-Duty Injury/Return to Work for LEOFF II Officers (hired after September 30, 1977) and all civilian Employees 1. IX. h. The Employment Services Lieutenant shall report sick leave abuse cases in writing to the Director of Human Resources, who shall have the responsibility to forward this report to the employee's Bureau Commander for resolution. 1. The Employment Services Lieutenant is authorized to act as an agent of the Seattle Police Disability Board for the purpose of investigating and administering disability leave rules and regulations of the Disability Board. 2. The employee's supervisor and the Employment Services Lieutenant shall be alert for indications of sick leave abuse/violation. The employee's commanding officer shall be notified of any suspected abuse or violation of the sick leave rules. a. Inquiries into an employee's status on sick leave shall normally be conducted via telephone. b. The employee's supervisor or the Employment Services Lieutenant or their designee may visit an employee's place of recovery when an abuse or violation of sick leave rules is suspected or when attempts at telephone contact have been unsuccessful. Mandatory Reporting Program A. Employees who have been determined to have used an excessive amount of sick time that is not FML certified or indicates some pattern of sick time abuse, may at the discretion of the Director of Human Resources, be assigned to the Mandatory Reporting Program. B. Employees assigned to the Mandatory Reporting Program shall be required to submit a Insurer Activity Prescription Form (APF) signed by their health care provider, before returning to work. This procedure must be followed for any absence that resulted in the use of sick time. C. Sworn LEOFF I employees assigned to the Mandatory Reporting Program who return to work after more than five (5) consecutive days of sick leave shall be considered to have returned to duty on a conditional basis. The Director of Human Resources (or designee), after reviewing the employee's Insurer Activity Prescription Form (APF) will determine if a return to duty shall be granted. Referring Employees for Psychological Evaluation by a Consulting Psychiatrist/ Psychologist A. An employee's Bureau Commander may make a request for referral to a psychologist by contacting the Director of Human Resources and providing documentation of the behavior affecting an employee’s ability to perform their duty. The Director of Human Resources shall Page 7 of 9 Section 3.180 Illness & Injury make any referrals to an outside consultant, if deemed necessary. Psychological evaluations are to be conducted in accordance with the Americans with Disabilities Act. B. If an outside consultant is used, a written evaluation of the employee shall be required from the consultant. The evaluation shall include the following: 1. An assessment of the employee's ability to perform full duties or a recommendation to place the employee on limited duty. a. If the recommendation is for limited duty, an estimate of how long it will be necessary to keep the employee on limited duty and what limitations will apply. Normally limited duty shall not last longer than sixteen weeks, except for pregnant employees per SMC 4.10. See Section 1.269 - Limited Duty Assignments. b. If limited duty is recommended, the consultant shall specify what support services or follow-up visits may be needed. C. The consulting psychologist, the employee's Bureau Commander, and the Director of Human Resources (or designee) shall review the evaluation and decide on a recommended course of action, which shall be forwarded to the Chief of Police for concurrence. D. If limited duty is the selected course of action, the necessary paperwork shall be completed by the Employment Services Lieutenant and handled in accordance with the Department's limited duty policy. XII. Surrendering Firearms While on Sick Leave A. Officers commencing sick leave for mental or emotional stress shall immediately surrender all Department-issued firearms in their possession to their immediate supervisor. The firearm(s) shall be turned over to the officer's immediate supervisor for safekeeping until the employee is released back to duty. The Employment Services Lieutenant will be responsible for taking possession of the firearm from the immediate supervisor. B. Throughout the duration of a sick leave for mental or emotional stress, an officer is relieved from the obligation to take the proper police action that would ordinarily fall to a police officer in an off-duty status. Nothing in this statement is meant to relieve an officer from proper actions short of direct involvement or intervention, such as reporting emergencies to 911 and recording their observations of criminal conduct. XIII. Restrictions on Employment Activities While on Sick Leave A. No Department employee shall engage in any profession, trade, or occupation, for pay or as a volunteer, including any type of military service or duty, while on sick leave, extended disability leave, or on release time. (See Section 1.289 - Secondary Employment.) NOTE: Upon written request, permission to engage in secondary employment while on extended sick leave may be granted upon a health care provider’s medical recommendation to the Director of Human Resources and upon approval from the Chief of Police. Permission must be granted in writing prior to engaging in each such employment activity. XIV. Reporting of Injuries to Reserve Officers A. All reserve officers are required to report any occupational injuries or exposures that occurred while representing the City of Seattle as an on duty reserve officer. These injuries shall be reported to the Precinct Reserve Squad Supervisor, or to an available patrol supervisor. B. Reporting of injuries to reserve officers is covered under RCW 51.12.035 and RCW 51.12.040, and have significant procedural differences when compared to the reporting of injuries to full time officers. The injury documentation is processed through the City of Seattle Risk Managers Office, utilizing insurance forms that are specific to Reserve Officers. These forms include the following, which are available through the Precinct Reserve Squad Supervisor, or the Reserve Page 8 of 9 Section 3.180 Illness & Injury Unit Administrative Supervisor. Copies of all completed forms must be forwarded to the Reserve Unit Administrative Supervisor. C. D. 1. Proof Of Loss-Short Term Disability Benefits 2. Authorization to Release Information 3. Proof of Loss-Medical Benefits 4. Proof of Loss-Accidental Death Insurance 5. Proof of Loss-Accidental Dismemberment Insurance Regardless of severity, all injuries or exposures incurred by the Reserve Officers must at a minimum be documented on an Investigating Supervisors Report of Industrial Injury. Copies of this form shall be forwarded as follows: 1. The original and 1 photocopy to the Safety Officer. 2. Photocopy to Personnel services. 3. Photocopy to the Precinct Reserve Squad Supervisor. 4. Photocopy to the Reserve Unit Administrative Supervisor. Limited Duty Assignments 1. Reserve Officers who are experiencing a short-term disability or injury may, with the approval of their Precinct/Section Commander, be assigned to the limited duty position within their precinct or unit of assignment. 2. Reserve Officers will be required to submit documentation of their medical condition requiring a limited duty assignment to their Precinct Reserve Squad Supervisor. This documentation will include any limitation or restriction, and all medications that are listed as schedule narcotics. A photocopy of this documentation shall be forwarded to the Reserve Unit Administrative Supervisor. 3. Limited Duty assignment will normally be limited to no more than 16 weeks, but can be extended at the discretion of the reserve officers Precinct/Section Commander. 4. Reserve Officers may not work any form of police related secondary employment while assigned to a limited duty position. Page 9 of 9 Seattle Police Department Policies and Procedures Title: Section 3.200 Chapter: 3 - Employee Welfare 200 - Limited Duty Assignments PURPOSE The Department recognizes the occasional need for temporarily assigning an employee who is experiencing a short-term disability to a “limited-duty” assignment. During the period of the temporary assignment, the employee so assigned will be expected to perform all of the duties of the limited-duty assignment. I. Definitions A. Limited-duty assignment: An assignment which may not require the employee to perform all of the duties normally required by the Department for the employee’s particular rank or job classification. Such assignments are not specifically reserved for temporarily disabled employees and may be filled by employees as regular assignments, based on the needs of the Department. 1. II. B. Short-term disability: A physical or mental disability which a qualified physician or psychologist has determined will temporarily prevent the employee from performing all of the duties of the position to which they are normally assigned. Such disability, however, may not prevent the employee from temporarily performing in an appropriate limited-duty assignment. C. Temporary assignment: For the purpose of this manual section, the assignment of an employee with a short-term disability to a limited-duty assignment for a period not to exceed sixteen (16) weeks (per SMC 4.10 the sixteen week limit does not apply to pregnant employees). Responsibilities A. B. III. Employees who are working in a limited-duty assignment are not allowed to work for secondary employers. The employee who has incurred a short-term disability shall be responsible for: 1. Requesting a limited-duty assignment in writing to their Bureau Commander. 2. Providing all forms and statements necessary to justify such an assignment. 3. If so assigned, providing progress reports, as requested by the Employment Services Lieutenant. The Bureau Commander of the employee requesting a limited-duty assignment shall be responsible for providing to the Director of Human Resources: 1. A written request verifying the need for such an assignment. 2. All required forms and statements furnished by the employee. C. The Employment Services Lieutenant shall be responsible for the monitoring, coordinating, and processing of all limited-duty assignments. D. The Director of the Human Resources Bureau and the employee’s Bureau Commander shall be responsible for the approval of limited-duty assignments. Limited Duty Requests A. Requests for a limited-duty assignment may be made by any employee who has incurred a short-term disability. Effective Date: 5/20/04 Page 1 of 3 Section 3.200 Limited Duty Assignments 1. IV. Requests shall be in written form, addressed to the employee’s Bureau Commander, and sent through the chain of command. The written request shall include: a. Identification and brief history of the employee’s disability. b. A statement explaining why the disability justifies assignment to a limited-duty assignment. c. An attached Medical Release for Work (form 2.15) from the employee’s attending physician describing the disability, the limitations it causes, a prognosis stating an approximate date of recovery, and a statement indicating the employee is medically qualified to perform in a limited-duty capacity. 2. Upon receiving a request for a limited-duty assignment, the employee’s Bureau Commander shall forward the employee’s request and their Medical Release for Work to the Director of Human Resources and include a brief Memorandum verifying the need for the assignment. 3. If a Bureau Commander requests that an employee with a short-term disability be assigned to a limited-duty assignment, such request shall be in writing. This request should state the purpose and duties of the assignment. 4. Upon receiving the three required documents, the Director of Human Resources shall have the Employment Services Lieutenant evaluate the request for an assignment and identify suitable limited-duty assignments. In evaluating the request, the Employment Services Lieutenant shall: a. Evaluate the disabled employee's ability to perform the duties of the limitedduty assignments available. b. Determine whether the proposed work is a productive function and the Bureau Commander of the unit of assignment has clearly justified the need for such work. c. Ensure the period of assignment will not require the employee to exceed the maximum time allowable for a limited-duty assignment. 5. Upon completion of the evaluation, the Employment Services Lieutenant shall make a written recommendation to the Director of Human Resources supporting or rejecting the request. 6. The Director of Human Resources and the employee’s Bureau Commander shall review the recommendation along with the supporting documents and approve or disapprove of the limited-duty request. Reporting A. The Employment Services Lieutenant shall monitor the condition of the disabled employee during the limited-duty assignment. To facilitate the monitoring activity, the employee shall be responsible for submitting a physician’s report on their progress every two weeks, or as otherwise required by the Employment Services Lieutenant. B. For timekeeping purposes, limited-duty assignments shall be recorded on the daily time sheet as "LD". C. When the employee is ready to return to their regular assignment, they must obtain a Medical Release for Work, signed by their attending physician, stating that the employee may return to full duty without restrictions. The Medical Release for Work form should be sent to the Employment Services Lieutenant. Page 2 of 3 Limited Duty Assignments V. Section 3.200 Review A. If it appears that the disability of an employee assigned to a limited-duty assignment will persist beyond the estimated date of recovery, the Employment Services Lieutenant shall review the employee’s case and determine what other alternatives should be pursued. The Employment Services Lieutenant’s recommendation shall be approved by the Director of Human Resources. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 3.250 Chapter: 3 - Employee Welfare 250 - Personnel Assistance Committee REFERENCES CALEA standards 22.2.3, 22.2.4 PURPOSE The Personnel Assistance Committee, established by the Chief of Police, is responsible for assisting employees involved in critical incidents or other traumatic events, and for developing and initiating a personnel assistance policy to aid each employee and the employee’s family after the incident. I. Committee Members A. The committee shall consist of: 1. The Bureau Commander to which the individual is assigned, who shall serve as Chair, 2. The Department’s Legal Advisor, 3. The consulting psychologist, 4. Member(s) of the Chaplain Corps, and 5. Other appointed employees or volunteers. Effective Date: 10/04/01 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 3.260 Chapter: 3 – Employee Welfare 260 - Physical Fitness REFERENCES CALEA standards 22.3.2. I. Physical Fitness A. The Department encourages employees to maintain a satisfactory level of general health and physical fitness for their own well being. The functions of a law enforcement officer can frequently require a level of fitness not demanded by many other occupations. Proper physical fitness allows employees to perform more effectively and reduces the need for sick leave. Effective Date: 12/12/03 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 3.270 Chapter: 3 - Employee Welfare 270 - Police Charity Committee PURPOSE The Seattle Police Employees Charity Committee, accountable to the Chief of Police, shall be responsible for the collection and distribution of the Seattle Police Charity Fund. I. Committee Membership A. II. The Seattle Police Employees Charity Committee shall be a fair representation of the number of both sworn and civilian members of the Seattle Police Department. The committee shall be composed of ten sworn members and seven civilian members, in addition to the chairperson. 1. A Chairperson holding the rank of lieutenant or above shall be appointed by the Deputy Chief of Administration. 2. Committee membership requires that the member be a current contributing member to the Seattle Police Charity Fund. 3. Sworn and civilian members shall be nominated by the current standing committee, with final approval for their participation coming from their Bureau Commander. Charity Fund Contributions A. Any Seattle Police Department employee may contribute to the Seattle Police Charity Fund. Contributions shall be through payroll deduction by a method selected by the Department employee. Several options are available for deduction; please contact payroll or a charity committee member for those options and a payroll deduction form. Effective Date: 9/6/03 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 3.280 Chapter: 3 - Employee Welfare 280 - Pregnancy REFERENCES CALEA standards 22.2.1. POLICY Pregnancy is recognized as a normal occurrence in a woman’s life. The Department will provide pregnant employees an opportunity to continue to participate in the work force during a normal pregnancy. I. Definitions A. II. III. Temporary incapacity: The period during which the employee cannot perform all of her regular duties but is capable of performing a temporary limited-duty assignment. Notification A. Employees who are pregnant shall notify their supervisors and the Director of Human Resources at the earliest possible date. B. In no event shall notification be later than the conclusion of the fifth month of pregnancy. C. Such notification shall be in the form of a signed statement to the Director of Human Resources. D. Upon written notification, the Employment Services Section shall send the employee a Physician’s Report Certifying Pregnancy (form 2.14) for completion by her physician. E. The employee shall be notified that continued employment shall require the submission of a medical status report at least once every six weeks, indicating that the employee is medically capable of performing the duties of her position. F. The Director of Human Resources shall notify the employee’s supervisor of any changes in the employee’s condition. Limited-Duty Assignments A. Sworn Employees 1. When the pregnant employee’s physician determines that she may not safely perform all of the normal duties of her job, the pregnant employee shall provide the Department with a medical status report from her physician detailing what restrictions apply to the employee’s continued active employment. 2. Upon receipt of the medical status report, the Department will reasonably accommodate the employee’s desire for medically approved continued employment during pregnancy, as long as such accommodation can be reasonably made, as stated below. a. 3. Limitations a. Effective Date: 5/20/04 Temporary reassignment to limited duties within the employee’s job classification, as prescribed by SMC 4.10. Temporary reassignments made pursuant to paragraph 2 above, shall be limited to the period of temporary incapacity caused by normal pregnancy, both before childbirth and upon return to work, but prior to the time when released by the Page 1 of 3 Section 3.280 Pregnancy employee’s physician or a consulting physician retained by the City, to return to full duty. B. Civilian Employees 1. When the pregnant employee’s physician determines that she may not safely perform all of the normal duties of her job, the pregnant employee shall provide the Department with a medical status report from her physician detailing what restrictions apply to the employee’s continued active employment. 2. Upon receipt of the medical status report, the Department will reasonably accommodate such employee’s desire for medically approved continued employment during pregnancy via one or more of the alternatives listed below, with the first alternative having preference, as long as such accommodation can be reasonably made. 3. a. Temporary reassignment to limited duties within the employee’s job classification. b. Temporary reassignment of the employee to a similar classification with equal pay for which the employee is qualified. c. Temporary reassignment of the employee to another classification for which the employee is qualified, but with lesser pay, to be assigned at the pay step closest to that which the employee was receiving in her normal job classification. Limitations a. IV. Temporary reassignments made pursuant to paragraph 2 above, shall be limited to the period of temporary incapacity caused by normal pregnancy, both before childbirth and upon return to work, but prior to the time when released by the employee’s physician or a consulting physician retained by the City, to return to full duty. Maternity Leave A. B. Page 2 of 3 The employee shall notify the Director of Personnel at the earliest possible date of the need for maternity leave. 1. Such requests shall be initiated by completing a Leave of Absence Request (City of Seattle form). 2. A written statement from the employee’s physician outlining the medical necessity and the estimated duration of the leave shall accompany the request form. Limitations 1. Where a LEOFF II and civilian female employee have exhausted sick leave balances, the employee may use vacation for further leave for medical reasons only with prior approval of the Chief of Police or their designee. 2. If the employee is utilizing the long term disability insurance provided by City Ordinance 115797, the employee shall (after a 30 day elimination period for LEOFF II employees / 90 day elimination period for civilian employees) have the option to utilize sick leave, compensatory time, or vacation time prior to being placed on an unpaid (maternity) leave of absence. 3. Within 30 days after the childbirth or miscarriage, the employee shall notify the Director of Human Resources of the approximate day that she will return to work. 4. Every employee using maternity leave shall return to work at the earliest possible date. The employee is required to provide a Medical Release for Work (form 2.15) from her physician and her return shall be coordinated through the Employment Services Section. Section 3.280 Pregnancy 5. An employee’s request for additional unpaid leave of absence extending beyond the duration originally estimated by the attending physician shall be supported by a written statement from the attending physician explaining the medical necessity and expected duration. a. 6. Such additional time may be taken as Family and Medical Leave. (See DP&P Family and Medical Leave.) While still working, LEOFF II and civilian employees shall exhaust their available paid leave (vacation, holiday, furloughs etc.) for prenatal check-ups before taking leave without pay. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 3.290 Chapter: 3 - Employee Welfare 290 – Pre-Service, In-Service & Specialized Training REFERENCES CALEA standards 33.5.1. POLICY All employees shall receive necessary training for the completion of their assigned duties. This will include both pre-service and in-service training. I. II. Sworn Employees A. Sworn employees transferred into certain specialized units must receive job-specific training prior to beginning the specialized assignment when practical, or as soon as possible after assignment to a specialized unit. B. Assignments requiring this pre-service training include but are not limited to: • DUI Squad • Motorcycle Squad • SWAT • Harbor Unit • Canine Unit • Mounted Patrol Unit • Bicycle Squad • Arson and Bomb Squad • Polygraph Unit C. The Training Section shall administer some specialized training, while other specialized training shall require outside training courses. D. Unit Commanders are responsible for developing on going training for unit members, and shall forward records of training conducted to the Training Section annually. E. The Department shall provide all sworn personnel annual retraining. The training may include but is not necessarily limited to: firearms and use of force; diversity and ethics training; emergency vehicle operation; defensive tactics; first aid and legal updates. Civilian Employees A Civilian employees hired for or transferred to specialized positions must receive jobspecific training prior to beginning the specialized assignment when practical, or as soon as possible after assignment to a specialized unit. B. Positions requiring specialized pre-service training are: • Effective Date: 10/23/03 Legal Advisors Page 1 of 2 Pre-Service, In-Service & Specialized Training Page 2 of 2 • Latent Print Examiners • Data Technicians • Dispatchers • Parking Enforcement Officers • Victim Advocates • Information Technicians Section 3.290 C. The City of Seattle Training and Development Unit shall administer some specialized training, while other specialized positions shall require outside training courses or college degrees. D. Unit Managers are responsible for developing on going training for unit members and shall document all training for each unit member including specialized pre-service and in-service training. E. The following civilian positions require documented in service training, which the department will provide: • Legal Advisors • Data Technicians • Dispatchers Seattle Police Department Section Policies and Procedures Title: 3.320 Chapter: 3 - Employee Welfare 320 – Training Review Committee POLICY In order to process training requests in a consistent and equitable manner, and consistent with the overall Department’s mission, a Seattle Police Department Training Review Committee has been established. I. Purpose A. II. 1. Prioritize requests based on the needs and mission of the Department. 2. Formulate and consistently apply a training plan that will meet the needs of our employees. The Committee A. III. Review all training requests from sworn personnel below the rank of Captain that require Department funds. The committee is made up of five captains that represent various aspects of the Department with the Chair of the Committee being the Captain of the Training Section. Other than the Chairperson, the committee is an all-volunteer group whose members are replaced as needed. The committee will convene regularly as training requests accumulate. Procedure A. All requests for department-funded training from sworn employees below the rank of Captain will first be approved by the employee’s chain of command through the level of Captain. 1. Once approved, the Captain will forward the request to the Captain of the Training Section. 2. All requests, whether approved or denied, will be reviewed by the Training Committee and forwarded to Fiscal (Travel/Training). 3. The Fiscal Unit (Travel/Training) will make all the notifications. 4. Employees being denied approval may appeal the decision through their chain of command to the Deputy Chief of Administration. B. All training requests must be submitted as soon as possible, but in no case less than four weeks prior to the start date of the training. C. All requests must indicate that the Section Commander has approved the time off. D. Requests from civilian employees requiring Department funding will be sent through the chain of command to the Assistant Chief of the Field Support Bureau. E. All Captains and Assistant Chiefs will forward their own requests for training through their chain of command to the Deputy Chief of Administration. F. Section Commanders have the authority to approve training days for legitimate training that does not require Department funding. Effective Date: 5/14/04 Page 1 of 2 Training Review Committee IV. Section 3.320 Training Priorities A. Unit and individual qualifications and certifications have priority for training approval, for example, Bomb Squad Technician training and Traffic Collision training would take precedence over other training. These unit requirements must be submitted by January 31st of each year to keep the money in reserve even when class dates have not been identified. B. Skill enhancement courses would be the next priority. These courses should result with a certification of completion award. 1. Courses such as the Reid Interview and Interrogation course and Street Survival courses will be considered for sponsorship in Seattle by the Seattle Police Department. Units should send updated lists of employees that would be interested in attending those courses to the Training Captain on a biannual basis. C. Seminars and conferences offering training sessions that may or may not produce certificates of completion will receive a lower priority. D. If a request is made for more than one person from a single section or unit to attend training, then the section commander must prioritize each request before forwarding to the Training Committee. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 3.330 Chapter: 3 - Employee Welfare 330 - Workplace Safety POLICY The Seattle Police Department believes in the dignity and importance of all employees and their right to work in a safe and healthful environment. The prevention of occupational injuries and illnesses shall be given a top priority. In addition, the Department shall establish and maintain an Accident Prevention Program that integrates safety and health principles into every job task. The Department Safety Officer shall be responsible for maintaining and updating this program. A copy of the Accident Prevention Program shall be provided to each precinct and all supervisors shall be familiar with its contents I. II. Reporting of Unsafe Working Conditions / Practices A. It shall be the responsibility of each employee to report any internal conditions or practices which represent a safety hazard to them, other employees, or the public. Upon observation of such condition, the employee shall fill out an Employee’s Report of Unsafe Working Conditions/Practices, (form 2.25) and forward it to the Department Safety Officer. B. The Safety Officer shall investigate any unsafe conditions reported and forward their findings and recommendations to the reporting person and the concerned Bureau Commanders. C. If the unsafe condition or practice represents an immediate safety hazard, the employee shall notify their immediate supervisor. The supervisor shall take action to prevent injury or accidents from occurring because of the condition. Safety and Health Committee A. The Department’s Safety and Health Committee is established in compliance with WAC 296800-130 (as amended). B. Committee meetings shall address the following: 1. A review of safety and health inspection reports to assist in correction of identified unsafe conditions or practices, 2. An evaluation of accident investigations conducted since the last meeting to determine if the causes of unsafe acts or unsafe conditions were properly identified and corrected, and NOTE: This evaluation of accident investigations shall not include investigations of employee vehicle collisions or the discharge of firearms by employees. 3. C. An evaluation of accident and illness prevention programs with a discussion of recommendations for improvement where indicated. Committee Membership and Election 1. The Safety Committee shall be comprised of six Seattle Police Department employees. Three members may be appointed from management by the Chief of Police, but the number of appointed members shall not exceed the number of elected members. 2. Elected members may be appointed by the collective bargaining units or elected from the membership. Elected committee members shall serve terms not to exceed one year, but may be re-elected without limit. Effective Date: 11/20/06 Page 1 of 2 Section 3.330 Workplace Safety 3. D. Page 2 of 2 The Human Resources Section shall coordinate the election of the above employeeelected committee members. Procedures 1. A Chair shall be elected by the committee to serve for one year. 2. The frequency, date, and location of committee meetings shall be determined by the committee, but shall not be less than once per quarter. 3. Subject matter discussed and the members present shall be documented and maintained on file for a period of one year. Such documentation shall be maintained by the Employment Services Lieutenant. 4. The Safety Officer shall be responsible for documenting committee meeting attendance and the subjects discussed and shall also serve as an advisor to the committee. 5. Copies of the meeting minutes shall be provided to the Chief of Police, the Department Safety Officer, and posted on employee bulletin boards. Seattle Police Department Policies and Procedures Title: II. IV. 010 - Absence From Duty Authorized Absences A. Approved days off (vacation, holidays, compensatory time) B. Authorized leaves (military leave, family and medical leave, leave of absence) C. Sickness D. Injury E. Disability Absence From Duty Authorization A. III. 4.010 Chapter: 4 - Timekeeping I. Section When Department personnel wish to be absent from duty for more than four consecutive days, they shall submit a Request for Authorized Absence (form 2.23) prior to the requested time off, via their supervisor to their Section Commander. This form shall be approved or disapproved as soon as possible. The employee will be sent their copy of the Request for Authorized Absence indicating approval or disapproval of the request. Emergency Conditions - Time Off A. Emergency Condition: Occurs when the Mayor announces curtailment of certain City operations for the safety and welfare of the City’s employees. This policy governs the administration of compensation for those employees who are not able to report for work when the Mayor declares an emergency condition. B. All Bureaus shall be open and in operation during established working hours. Employees shall make every effort to report for duty. The following criteria shall apply to employees who are not able to report for work because of an emergency condition. 1. If an employee cannot report for work, it shall be the employee’s responsibility to notify their supervisor by telephone. 2. The time lost shall be covered by either delayed furloughs, vacation, holidays, compensatory overtime, or by time off without pay, as determined by the employee’s supervisor. 3. If approved by the employee’s supervisor, an employee may also make up lost time through an adjusted work schedule as long as the time can be made up without the employee becoming eligible for overtime. 4. Sick leave shall not be used to cover time lost. 5. These provisions do not apply to employees on scheduled time off or on sick leave status during the emergency condition. Unauthorized Absences A. Employees shall not be absent from duty except for sickness, injury, disability, approved days off, or authorized leaves. Employees must have sufficient time accumulated for sick leave, vacation, and compensatory overtime taken off with pay. Any time off without pay (Family Medical Leave, leave of absence) requires completion of the appropriate forms and chain of command approval in advance. Absence from duty without leave shall be followed by forfeiture of pay for the time of the absence. Effective Date: 4/16/08 Page 1 of 2 Absence From Duty Section 4.010 B. Employees, who are not present and who are not officially excused from duty, will be marked “WA” (Leave Without Pay) on electronic timesheets for that day. C. Following a review of the circumstances by Human Resources, employees who are not present or officially excused from duty and who are without a sufficient time balance to cover the leave will be marked “AWOL” (Absent Without Leave) on the time records for that day. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 4.020 Chapter: 4 - Timekeeping 020 - Court Appearances & Overtime REFERENCES CALEA standards 61.1.13. I. Subpoenas and Court Appearances A. Police Officers and Parking Enforcement Officers shall respond to all subpoenas and summons received from any court, or other formal hearings resulting from actions related to their City employment. 1. Only the primary officer, the officer that is listed first on the subpoena, shall attend Seattle Municipal Court cases and License Revocation Hearings, unless prior approval for additional officers is granted by a supervisor or requested by the City Attorney’s office. 2. If for any reason the primary officer cannot appear, the officer shall attempt to arrange for the secondary officer to answer the subpoena or summons. 3. In the event that neither officer can attend, it shall be the responsibility of the primary officer to notify the witness coordinator for Municipal Court cases or the prosecuting attorney’s office for Superior Court cases. Officers who cannot make satisfactory arrangements with the court shall notify their supervisor(s). a. The supervisor shall take the necessary steps to resolve the conflict. 4. Officers shall be prepared and present at the required place, date, and time specified on the subpoena or summons. 5. Supervisors will personally deliver subpoenas, summons, etc. directly to the involved employee. In addition, the supervisor will maintain a written record of such delivery. It will be the responsibility of the section/precinct commander to maintain a record of all such service occurring in their respective sections/precincts. In cases where in-person delivery is not practical (e.g. change of court date/time and the employee is at home), supervisors must still document their delivery efforts. 6. Immediate supervisors have the responsibility of notifying officers who are on extended sick leave of incoming subpoenas. Supervisors shall mail subpoenas to the officer’s home address and make phone notification in those instances where a mailed notification would not provide sufficient warning of a pending court date. a. Officers on extended sick leave who are able to appear and testify shall make every effort to comply with any subpoena or summons received. 7. Officers responding to subpoenas or summons outside of the City shall contact the Patrol Operations Bureau Administrative Section for transportation instructions. 8. Officers shall obtain approval of their supervisor prior to testifying in any court or hearing not directly related to their duties as police officers or City employees, except in those cases when it is clear that the officer is acting as a private citizen and party in a non-police court action. Effective Date: 4/7/05 Page 1 of 5 Section 4.020 Court Appearances & Overtime II. Failure to Appear A. If an officer fails to appear to a Municipal Court assigned case then Municipal Court personnel will contact the SPD Court Coordinator. The Court Coordinator will log the officer’s FTA notice upon receipt. The Court Coordinator then forwards the FTA notice and the Performance Management Record (PMR) forms to the appropriate bureau commander, along with a due date for action. The Court Coordinator maintains a database of information that outlines those employees with current FTA information on record. The court coordinator will coordinate with Human Resources and/or OPAIS for those incidents requiring specialized attention. B. The following section contains definitions and consequences for officers if they have a First, Second, Third or Fourth Failure to Appear in Municipal Court. 1. 2. First Failure to Appear: a. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate bureau commander with instructions for resolution. The bureau commander will ensure that the FTA form is forwarded to the appropriate supervisor for action. b. The supervisor will review the circumstances with the named employee who is alleged to have failed to appear for court. The supervisor will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed that the employee did not have justifiable reasons for failing to appear for court, the following will occur: The immediate supervisor will counsel the employee as to the importance of complying with a court ordered subpoena to appear in court as directed. (2). The supervisor will ensure that appropriate documentation that outlines the specifics of the counseling session is noted on a PMR form. (3). The supervisor will forward both the completed FTA and PMR forms through the chain of command up to the bureau commander. The bureau commander will then forward it to the Court Coordinator for filing purposes. (4). For a first confirmed FTA, copies of the FTA and PMR forms will not be placed in the employee’s Human Resource Personnel file. Note: The above listed actions will be considered a supervisory counseling session. Second Confirmed Failure to Appear - It is considered a second confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of a previous confirmed violation. a. b. Page 2 of 5 (1). It is considered a second confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of a previous confirmed violation. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate bureau commander with instructions for resolution. Section 4.020 Court Appearances & Overtime 3. c. The bureau commander will ensure that the FTA form is forwarded to the appropriate supervisor for action. d. The supervisor will review the circumstances with the named employee who is alleged to have failed to appear for court. The supervisor will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed within 36 months (3 years) from a previous FTA violation that the employee did not have justifiable reasons for failing to appear for court, the following will occur: (1). The immediate supervisor will counsel the employee as to the importance of complying with a court ordered subpoena to appear in court as directed. (2). The supervisor will ensure that appropriate documentation that outlines the specifics of the counseling session is noted on a PMR form. (3). The supervisor will forward both the completed FTA and PMR forms through the chain of command up to the bureau commander. The bureau commander will then forward it to the Court Coordinator for filing purposes. (4). For a second confirmed FTA, copies of the FTA and PMR forms will not be placed in the employee’s Human Resource Personnel file. Note: The above listed actions will be considered a verbal reprimand. Third Confirmed Failure To Appear - It is considered a third confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first two confirmed violations. a. It is considered a third confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first two confirmed violations. b. Upon receiving a FTA form, the Court Coordinator will check the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate bureau commander with instructions for resolution. c. The bureau commander will ensure that the FTA form is forwarded to the appropriate command level Supervisor (Lieutenant or above) for action. d. The commander will review the circumstances with the named employee who is alleged to have failed to appear for court. He/she will note the circumstances surrounding the allegation described on the FTA form. If it is confirmed within 36 months (3 years) from the first of two previous FTA violations that the employee did not have justifiable reasons for failing to appear for court, the following will occur: (1). The commanding officer will elicit the assistance of the Human Resources Bureau. (2). The commanding officer will counsel the employee as to the importance of complying with a court ordered subpoena and consequences for failing to appear for court. (3). The commanding officer will ensure that appropriate documentation outlines the specifics of the counseling session and is noted on a PMR form. Page 3 of 5 Section 4.020 Court Appearances & Overtime 4. (4). The commanding officer will forward both the completed FTA and PMR forms through the chain of command up to the bureau commander. The bureau commander will then forward it to the Court Coordinator for filing purposes. Note: The above listed actions will be considered a written reprimand and such documentation will be placed in the employee’s personnel file within Human Resources. Fourth Confirmed Failure to Appear - It is considered a fourth confirmed failure to appear for court if the violation occurs within 36 months (3 years) from the date of the first of the three previous confirmed violations. a. III. IV. Upon receiving a FTA form, the Court Coordinator checks the employee’s file for possible prior FTAs within a three (3) year period before forwarding it to the appropriate bureau commander with instructions for resolution. The bureau commander will forward the necessary information to OPAIS for investigation. If sustained, the employee may be subject to discipline, up to and including termination. Meetings With Attorneys A. Interviews and meetings with attorneys shall be scheduled, if possible, during the officer’s normal working hours to avoid unnecessary overtime. B. Meetings scheduled during off duty hours shall first be approved by the officer’s supervisor. The supervisor shall justify why overtime was authorized. C. Overtime shall not be approved for meetings which could have been scheduled during the officer’s normal shift. Overtime Pay for Court Appearances A. For specific information regarding court overtime pay, employees shall refer to their current collective bargaining agreement. In the event of a conflict between the agreement and this manual, the provisions of the bargaining agreement shall apply. B. Employees shall document court overtime on the Overtime Request (form 1.33). 1. A bailiff’s or prosecutor’s signature is required by the Timekeeping Squad when an Overtime Request is submitted as a result of a court appearance. a. Both signature blocks must be signed when the secondary, non-subpoena officer appears for court in place of the subpoenaed primary officer. C. Employees shall not receive overtime pay for any court appearances while on a regularduty status. This includes any judicial or quasi-judicial hearing in Federal, Superior, Justice, and Municipal Courts. D. Employees, whether officially on- or off-duty, who are being compensated at the time by City salary or overtime pay, shall not receive witness fees, either directly or indirectly, for appearances at any judicial or quasi-judicial hearing. E. Compensation for mileage or travel expenditures via private vehicle shall be allowed, but any officer or employee receiving witness fees over and above travel allowances Page 4 of 5 Court Appearances & Overtime Section 4.020 shall immediately report the amount received to the Fiscal, Property, and Fleet Management Section for payroll adjustment. F. Employees shall not be allowed overtime compensation by the Department for appearances in any court or hearing not directly related to their official duties as police officers or City employees. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 4.030 Chapter: 4 - Timekeeping 030 - Family & Medical Leave PURPOSE In compliance with the Family and Medical Leave Act of 1993 (SMC Chapter 4.26, and City Ordinance 116761), eligible employees shall be entitled to ninety (90) calendar days of unpaid leave during any 12 month period for certain family and medical reasons. I. Definitions A. Eligible employee: Person employed in a permanent position on a full-time basis or part-time basis for a period of at least six months. Eligible employees do not include part-time workers employed less than twenty (20) hours per week, intermittent, seasonal, or temporary workers. 1. B. II. Officers appointed prior to October 1, 1977 (LEOFF I) are not eligible for the benefits of the Family Leave Ordinance as to the use of accumulated sick leave. (See DP&P Illness and Injury.) Group health plan: Health insurance coverage for medical and dental care provided as an incident of employment and on existing terms and conditions as provided to employees similarly situated. Leave Usage The following is a list of acceptable reasons for requesting Family and Medical Leave. The entitlement to take leave under paragraphs A and B shall expire at the end of the twelve month period beginning on the date of such birth or placement. III. IV. A. The birth of a son or daughter of the employee and in order to care for such infant. B. To care for the employee’s newly placed foster or adopted child. C. To care for the spouse or domestic partner, the child, or parent of the employee, or the child, or parent of the spouse or domestic partner, if the person has a serious health condition. D. To care for a serious health condition which makes the employee unable to perform their job. Advance Notice and Request Forms A. The employee shall provide 30 days advance notice when the need for leave is foreseen, otherwise, the employee shall provide such notice as is practicable under the circumstances. B. Employees shall utilize the Leave of Absence (City of Seattle form) to request Family and Medical leave. C. The Certification of Health Care Provider (City of Seattle form) shall be used for leave related to serious health conditions. D. Both forms may be obtained from the Department Personnel Services Section. Intermittent or Reduced Leave A. Leave for the birth or placement of a child shall not be taken by an employee intermittently or on a reduced schedule, unless the employee and the City agree otherwise. Effective Date: 5/20/04 Page 1 of 3 Section 4.030 Family & Medical Leave B. V. 1. Has equivalent base pay and benefits, and 2. Better accommodates recurring periods of leave than the regular employment position of the employee. Medical Certification A. B. VI. Leave taken for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The City may require such employee to transfer temporarily to an available alternative position for which the employee is qualified and that: A Certification of Health Care Provider is required for leave because of a serious health condition. Certification must be issued by the health care provider and include: 1. The date on which the serious health condition commenced, 2. The probable duration of the condition, 3. Appropriate medical facts within the knowledge of the health care provider regarding the condition, 4. A statement that the eligible employee is needed to care for the child, spouse/domestic partner, or parent, or a statement that the employee is unable to perform the functions of their position, 5. In the case of certification for intermittent leave, or leave on a reduced leave schedule: a. For planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment, and b. Involving the care of the child, parent, or spouse / domestic partner who has a serious health condition; a statement of the medical necessity or that the employee will assist in the recovery and the duration of recovery. Second and Third Opinions 1. The City may require, at their expense, that the eligible employee obtain the opinion of a second health care provider designated or approved by the City. 2. When the second opinion differs from the opinion in the original certification, the City may require, at their expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the City and the employee. This third opinion shall be considered final and binding. Employment and Benefit Protection A. Upon return from Family and Medical Leave, employees shall be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. B. Family and Medical Leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. C. The City shall maintain coverage under any group health plan for the duration of an approved leave at the level, and under the conditions, that coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. NOTE: If the employee fails to return from leave, the City may recover the premium paid for maintaining the coverage. D. Page 2 of 3 Employees need not exhaust their accrued sick leave, compensatory time, or vacation leave prior to requesting or taking Family and Medical leave. Section 4.030 Family & Medical Leave E. There are conditions, obligations, and stipulations which may affect health coverage or tax liability. All employees should obtain full information regarding their particular situation from the SPD Personnel Section. VII. Unlawful Acts By the Employer A. The Family and Medical Leave Act makes it unlawful for the City to: 1. Interfere with, restrain, or deny the exercise of any right provided under the Family and Medical Leave Act, and 2. Discharge or discriminate against any person for opposing any practice made unlawful by the Family and Medical Leave Act or for involvement in any proceeding under or relating to the Family and Medical Leave Act. VIII. Complaints Related to Unlawful Acts by the Employer A. Contact the United States Department of Labor, Wage and Hour Division for complaints related to the Family and Medical Leave Act. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 4.040 Chapter: 4 - Timekeeping 040 - Holiday Schedule & Vacation Time Accrual POLICY Police officers and other personnel whose compensation is set by a collective bargaining agreement shall refer to their current contract for matters relating to vacations and holidays. I. Holidays A. B. II. The City observes the following legal holidays. 1. New Year’s Day January 1st 2. Martin Luther King Jr.’s Birthday Third Monday in January 3. President’s Day Third Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4th 6. Labor Day First Monday in September 7. Veteran’s Day November 11 8. Thanksgiving Day Fourth Thursday in November 9. The day immediately following Thanksgiving Day 10. Christmas Day December 25th The actual dates of observance shall be announced by Department Directive at the beginning of each year. C. All units requiring holiday staffing should do so at a minimum level. D. In addition to the above, employees hired for a period in excess of thirty days shall receive two personal holidays each year without salary deduction, provided that they are hired in time to take both. Vacations A. The vacation accrual rate shall be determined in accordance with the rates set forth in column 1 of the subsequent chart. Column 2 depicts the corresponding equivalent annual vacation for a regular full-time employee. Column 3 depicts the maximum number of vacation hours that can be accrued and accumulated by an employee at any time. Effective Date: 5/24/04 Page 1 of 2 Section 4.040 Holiday Schedule & Equivalent Annual Vacation For Full-Time Employees Hours on Regular Vacation earned Years of Service Vacation per year Pay status per hour Days (Hours) 0 08320 .0460 0 - 4 12 (096) 08321 - 18720 .0577 5 - 9 15 (120) 18721 - 29120 .0615 10 - 14 16 (128) 29121 - 39520 .0692 15 - 19 18 (144) 39521 - 41600 .0769 20 20 (160) 41601 - 43680 .0807 21 21 (168) 43681 - 45760 .0846 22 22 (176) 45761 - 47840 .0885 23 23 (184) 47841 - 49920 .0923 24 24 (192) 49921 - 52000 .0961 25 25 (200) 52001 - 54080 .1000 26 26 (208) 54081 - 56160 .1038 27 27 (216) 56161 - 58240 .1076 28 28 (224) 58241 - 60320 .1115 29 29 (232) 60321 and over .1153 30 and over 30 (240) 1. Earned vacation time can be used in increments of one (1) hour. Page 2 of 2 Maximum Vacation Balance (hours) 192 240 256 288 320 336 352 368 384 400 416 432 448 464 480 Seattle Police Department Section Policies and Procedures Title: 4.050 Chapter: 4 - Timekeeping 050 - Leave of Absence REFERENCES CALEA STANDARDS 22.2.1 POLICY The Department may grant leave of absence without pay, consistent with available staffing levels. I. Sworn Employees A. B. Duration of Leave 1. A leave of absence without pay for a period not exceeding sixty consecutive days may be granted by the Chief of Police. 2. In some instances, a request for a leave of absence longer than sixty days bearing the favorable recommendation of the Chief of Police may be granted (for non-exempt employees) by the Secretary of the Public Safety Civil Service Commission. 3. No employee shall be given leave to take a position outside the City service for more than sixty days in any calendar year, except where it appears to be in the best interests of the City (Public Safety Civil Service Laws and Rules, Rule 16.01). Leave of Absence Requests 1. A Leave of Absence Request (City of Seattle form) shall be submitted to the respective supervisor. a. One (1) copy for an application of sixty (60) days or less. b. Two (2) copies for an application of more than sixty (60) days. 2. The supervisor shall then forward the request to the Personnel Services Section for administrative review and comment. 3. The Director of Human Resources shall forward the forms to the Chief of Police for approval. 4. The Personnel Services Section shall forward requests in excess of sixty days to the Public Safety Civil Service Commission for approval, with the recommendation of the Chief of Police. 5. Once the applicant has been notified that their request for a leave of absence has been approved, they shall submit a Request for Authorized Absence (form 2.23), to their Bureau Commander. 6. All of an applicant’s unused vacation and compensatory time must be expended before an unpaid leave of absence in excess of twelve months is granted, with the exception of unpaid military leave, and family/medical leave. NOTE: For timekeeping purposes, pre-approved leave of absence days shall be recorded on the unit time sheets as “LOA”. C. Returning From a Leave of Absence Effective Date: 12/10/04 Page 1 of 3 Section 4.050 Leave of Absence II. 1. In cases where a leave of absence is 90 days in duration or less, returning personnel shall review all Training Bulletins, Department Directives, Special Orders, and Manual updates which have been issued since the date they commenced their leave of absence. 2. When the absence is over 90 days, but of less than two years duration, police officers shall be directed, by Memorandum, to report to the Training Section for evaluation as to training needs. The Training Unit shall provide copies of Training Bulletins, Department Directives, and any other information to cover the period of absence. 3. In those cases where the absence has been two years or longer, returning police officers shall be required to attend a Washington State Criminal Justice Training Commission accredited Police Academy. 4. Training will be documented by the Training Section upon completion. This documentation shall be placed in the officer’s personnel records. Civilian Employees A. Duration of Leave 1. An unpaid leave of absence for reasons other than maternity and parenting, may be granted at the discretion of the Chief of Police. 2. City of Seattle Personnel Rule 7.1.100: 3. a. Stipulates the general provisions of an unpaid leave of absence for personal reasons and provides for a conditional or unconditional unpaid leave for up to 12 months, b. Stipulates that a leave of absence will not be granted for work outside the City unless it is in the public interest, and c. Requires leaves in excess of 15 days to be reported to the Human Resources Director. In some instances, unpaid leave may be extended beyond twelve months upon approval of Chief of Police and the Director of Human Resources for: a. b. C. Page 2 of 3 Leaves in the public interest, or For medical reasons when an employee has an open claim for an industrial injury or illness arising out of the course of employment and while acting within the course of employment for the City. Leave of Absence Requests 1. All requests for unpaid leaves of absence in excess of fifteen (15) days duration shall be made on a Leave of Absence Request (City of Seattle form) and shall be submitted to the employee’s supervisor. 2. The supervisor shall then forward the request to the Personnel Services Section for administrative review and comment. 3. The Director of Human Resources shall forward the forms to the Chief of Police for approval. 4. Once the applicant has been notified that their request for a leave of absence has been approved, they shall submit a Request for Authorized Absence (form 2.23), to their Bureau Commander or Director. 5. All of an applicant’s unused vacation and compensatory time must be expended before an unpaid leave of absence in excess of twelve months is granted, with the exception of unpaid military leave, and family/medical leave. Section 4.050 Leave of Absence NOTE: For timekeeping purposes, pre-approved leave of absence days shall be recorded on the unit time sheets as “LOA”. C. Returning from a Leave of Absence (City of Seattle Personnel Rule 7.1.200) 1. At the expiration of authorized leave of absence employees shall return to their former job classification or job title within the Department, unless other conditions were stipulated in writing by the Chief of Police upon granting the leave. 2. Employees returning from leaves of absence for medical reasons must provide to the Chief of Police, with a copy to the Director of Human Resources, a Medical Release for Work (form 2.15) written statement signed by their treating physician stating that the employee is physically and mentally able to resume their normal duties. 3. Failure of an employee to return from leave of absence upon the specified date shall normally constitute a “quit”. 4. When a leave of absence has been granted with conditions, and no vacancy exists upon the employees return, the employee shall be considered as having “resigned”. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 4.060 Chapter: 4 - Timekeeping 060 - Military Leave REFERENCES CALEA standards 22.2.1. POLICY The Seattle Police Department recognizes the importance of allowing its employees time off to meet their obligations as members of a military reserve unit. Supervisors are reminded that Federal law requires an employer to grant time off to a reserve member ordered to active duty. I. Military Leave for Public Employees A. II. III. Washington State law (RCW 38.40.060) provides that every employee of the State or of any County or City, who is a member of the Washington National Guard or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted paid military leave of absence from such employment for a period not exceeding fifteen working days during each calendar year. 1. Such leave shall be granted in order that the person may report for active duty or take part in active training duty. 2. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. 3. During the period of military leave, the officer or employee shall receive their normal pay. 4. For timekeeping purposes, use of military leave (with orders submitted to the Personnel Services Section) shall be recorded on unit time sheets as “ML”. Requests for Military Leave A. Military leave requests must be approved through the chain of command to the Bureau Chief, and the Director of Human Resources. B. Requests shall include: 1. A Request for Authorized Absence (form 2.23) documenting military leave days and other days used during the period of absence, 2. A copy of the military orders or written verification of assigned drill days, and 3. For unpaid military leave exceeding the fifteen days of paid leave, a Leave of Absence Request (City of Seattle form). Department Requirements A. Any military leave exceeding fifteen work days per year shall require Departmental approval before the employee requests any publication of military orders. B. Military leaves of absence and the opportunity to obtain retirement service credits for periods of active military service (by making normal contributions to the Retirement System) are authorized to be granted to employees of the City of Seattle under Ordinance 69816 as amended. Effective Date: 12/10/04 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 4.070 Chapter: 4 - Timekeeping 070 – Operations BureauTimekeeping I. Operations Bureau Timekeeping A. Recording Time a. 1. Write all entries on the daily time sheet in black ink. 2. Correct any errors by drawing a line through them and initialing them. 3. Check time off conflicts before granting time off: Event conflicts (1) Fourth of July (2) Torchlight (3) Seafair (4) New Years Eve NOTE: Approval must be given by the Deputy Chief of Administration for time off during these events. b. Minimum staffing c. Court dates d. Time sheet balance B. Absence Request (SPD Manual section 1.237) a. The form is used to request time off for all vacations more then four days. (1) Entered into the Municipal Court Services computer for scheduling officer for appearance. b. Use form for training, schools, seminars, and other special events. c. Schedule time off for the year by September 1 for furloughs and holidays. NOTE: Sergeants will schedule time remaining after September 1 before September 15. d. Supervisors (1) Coordinate time off with other supervisors so that minimum supervisory staffing is maintained. (2) Watch Commanders will coordinate their time off on the SPD share directory, so that at least one Patrol Lieutenant is always scheduled to work each watch. (3) Each month as time sheets are prepared for the watch commanders, forward a copy to the Operations Bureau Commander. NOTE: C. Include the name of the Watch Commander and date the time off was marked. Furloughs 1. Patrol officers’ schedule Effective Date: 8/18/03 Page 1 of 3 Operations Bureau-Timekeeping Section 4.070 a. Precinct Officers work four nine hour days on with two days off. b. Officers performing administrative duties work five eight hour days on with two days off. 2. Rescheduling furlough days a. Requires approval of Watch Commander. b. Reschedule within twenty-four day work period in accordance with the Fair Labor Standards Act (FLSA). c. If unable to reschedule within the twenty-four day period, mark the officer furloughed on the time sheet and submit an overtime request. 3. a. Advance Scheduling Do not use in advance unless the individual has less than four days vacation and/or holidays remaining for that calendar year and can make up the advanced furloughs within thirty days. D. Vacation Days 1. Normally scheduled on first come, first served basis consistent with the current labor contract requirements. NOTE: Conflict resolved on the basis of seniority. E. 2. Submit Request for Authorized Absence form eight to ten weeks in advance, to avoid scheduling conflicts. 3. Officers transferring from another assignment with Request for Authorized Absence form approved by previous commanders will have requests honored per Guild contract. Special Duty Days (SD) 1. F. Per DP&P Section 1.229-Timekeeping, only a Captain or above (in the employee's chain of command) can authorize SD days. The supervisor approving an employee's timesheet, which has one or more SD days on it, must ensure that the Special Duty Day Authorization (form 15.8) is filled out and sent up through the chain of command. Training Days 1. Approved in advance by your Captain. 2. Submit requests for WSCJTC courses to Special Training Unit for routing after Captain’s approval. The training request must be forwarded to the Training Committee for approval. 3. Request for over five days require approval from Operations Bureau Commander. G. Military Leave (SPD manual section 1.281) H. Overtime I. 1. Calculate overtime to the nearest fifteen minutes. (SPD Manual 1.241) 2. Submit overtime request within twenty-four hours of the time earned. 3. Obtain a supervisor’s initial on overtime slip for shift extension requests. 4. Approved by Sergeant (or above) as directed by the Lieutenant. 5. Obtain approval from Lieutenant for discretionary overtime. Out of Classification Policy 1. a. Assignments to out-of-classification positions Captain - Precinct/Section Commander. (1) Scheduled absence from duty for a period exceeding four consecutive days. Page 2 of 3 Operations Bureau-Timekeeping Section 4.070 (2) Appoint a Lieutenant from the precinct or section. b. Lieutenant - Watch/Unit Commander. (1) Scheduled absence from duty for a period exceeding four consecutive days. (2) Appoint a Sergeant from the watch or unit. c. Sergeant - Squad Supervisor (1) When necessary so minimum staffing is maintained. (2) Appoint officer from the watch or squad. 2. a. Minimum Staffing (Precincts) 1st Watch. (1) Two Sergeants or (2) Watch Commander and one Sergeant. b. 2nd and 3rd Watches. (1) Three Sergeants, or (2) Watch Commander and two Sergeants or (3) One Sergeant may be an Acting Sergeant. c. Appoint additional Acting Sergeants where special events or circumstances require extra supervision. (1) Approval necessary from the Captain. d. Selection of Acting Sergeants are based on, but not limited to, (1) Officer’s length of service. (2) Knowledge of Sergeant's duties and responsibilities. (3) Confidence of co-workers. (4) Variety of assignments. 3. a. Minimum Staffing (Sections) The minimum supervisory staffing in the Metropolitan and Special Deployment Sections will be determined on a case-by-case basis by the respective Captains in those sections. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 4.080 Chapter: 4 - Timekeeping 080 – Out of Classification POLICY Department employees assigned by proper authority to perform the duties of a higher paid classification shall receive payment as governed by current collective bargaining agreements or the Seattle Municipal Code (SMC 4.20.300). When a provision of this section is found to directly conflict with a provision of a labor agreement or City Ordinance, the collective bargaining agreement or City ordinance shall be determinative to the extent of the conflict. PURPOSE Out-of-classification is a management tool, the purpose of which is to ensure continued performance or completion of essential public services. Managers and supervisors are responsible for ensuring that out-ofclassification assignments are made only for the purpose of avoiding a significant interruption of work and services, and to avoid making more out-of-classification assignments than are necessary to accomplish crucial work. I. Eligibility A. An employee who is assigned to work out-of-classification must meet the minimum qualification for the higher classification, and must have demonstrated or be able to demonstrate that they are qualified to perform the duties of the higher-paid position with normal supervision. II. Sworn Employees A. Sworn employees, represented by the Seattle Police Officers Guild, shall receive out-ofclassification pay when assigned to perform all of the duties of a higher paying classification for a continuous period of one day, or any portion thereof, or longer. B. Sworn employees, represented by the Seattle Police Management Association, shall receive outof-classification pay when assigned for a period of two consecutive weeks or more to perform all of the duties and accept all of the responsibility of a higher position while continuously performing that work. III. Civilian Employees A. Civilian employees, (except eligible employees or as otherwise provided in authorized collective bargaining agreements), assigned by proper authority to perform substantially the full duties of a higher-paid classification for a period of four (4) consecutive hours or longer shall be paid at the rate established for such classification as in promotion while performing such duties. B. Eligible employees assigned by proper authority to perform substantially the full duties of a higher-paid classification for a period of two (2) weeks or more as determined in accordance with policy and procedure promulgated by the Budget Director shall be paid at the rate established for such higher-paid position. 1. C. “Eligible employee” is any regular, salaried, professional, administrative, or executive employee who is exempt from the Fair Labor Standards Act, and not otherwise excluded by this section. Civilian employees represented by collective bargaining agreement shall be governed by the terms of that agreement. Effective Date: 9/19/03 Page 1 of 2 Section 4.080 Out of Classification IV. Assignments A. B. An employee may be temporarily assigned to duties of a higher-paid position, and compensated as in promotion while performing those duties, in order to continue or complete essential public services. Reasons for out-of-classification include: 1. The absence of the employee who would normally perform those duties, 2. A position vacancy, 3. Peak workload periods, and 4. Special projects. Out-of-classification assignments are limited to six (6) months, unless extended by the appointing authority. Out-of-classification assignments of non-represented employees to positions represented under the terms of a collective bargaining agreement are subject to any out-of-classification assignment limitation and extension provisions of the agreement. V. Reporting Out-of-Classification Work A. Employees shall submit a completed Overtime Request (form 1.33), with the Out-OfClassification portion completed, to their immediate supervisor for approval upon completion of the assignment. If the immediate supervisor is not available within twenty-four hours from the time the work is completed, the employee shall present the request form to the next in command. B. The approving Unit supervisor, after checking the request for correctness and thoroughness, shall either: C. 1. Return it to the requesting employee for correction, or 2. Approve the request and forward it to the Section Commander or Executive. The approving Section Commander or Executive, after checking the request, shall either: 1. Approve the request and forward it to the Personnel Section for compilation and recording, 2. Return it to the requesting employee for needed corrections, or 3. If the request is not valid, return it to the requesting employee with a Memorandum of cancellation. NOTE: Out-of-Classification pay requests for overtime at the higher pay rate shall also be forwarded to the Personnel Section. D. Page 2 of 2 Out-of-classification assignments shall be reported each payroll period. Out-of-Classification pay requests must be received in the Personnel Section no later than the Thursday following the close of each payroll period. Seattle Police Department Policies and Procedures Title: B. III. Overtime work: Work performed in excess of the time regularly required or scheduled for the performance of the duties of a particular position. 1. Extraordinary overtime: Work necessitated by emergency caused by fire, flood, or danger to life or property; or work so urgently necessary that its nonperformance will cause serious loss or damage to the City. 2. Ordinary overtime: Work not covered under the definition of extraordinary overtime. Paid time (holidays, sick leave, vacation, and compensatory time) shall be considered as hours worked for overtime calculations. Authorization A. No employee shall be ordered to perform overtime work unless such work is authorized by the Chief of Police or a person designated to authorize overtime, or B. An emergency exists. Collective Bargaining Agreements A. IV. In the event of a conflict between the provisions of this manual section and those of a properly authorized collective bargaining agreement, the provisions of the bargaining agreement shall prevail insofar as members of the bargaining unit covered by the agreement are concerned. Rates of Pay A. Extraordinary overtime (except police officers) shall be paid at the rate of double time. 1. B. Police officers ordered to work extraordinary overtime shall be paid at the rate of timeand-one-half for all such overtime worked. Ordinary overtime shall be paid at the rate of time-and-one-half; provided, however, that part-time employees and temporary workers shall be paid at their straight-time rate for all hours worked up to and including forty hours per week. 1. V. 090 - Overtime Definitions A. II. 4.090 Chapter: 4 - Timekeeping I. Section For non-represented employees: a. Overtime that is an extension of shift shall be computed to the nearest quarter hour, and b. When overtime is not an extension of a normal shift, the minimum credit shall be for two hours. Overtime Restrictions A. Paid overtime shall not be approved for employees on sick leave, military leave, or on suspension for disciplinary reasons. B. Employees shall not submit an overtime request for a block of time for which the City is already paying them. An employee cannot use paid time, e.g., vacation, compensatory overtime, sick Effective Date: 12/12/03 Page 1 of 4 Section 4.090 Overtime leave, holiday, delayed furlough, or advanced furlough, to work a Department event for City paid overtime. C. VI. Employees shall not alter their shift hours to be eligible for an overtime event without prior approval of their Bureau Commander. Overtime Requests A. Overtime shall be documented using an Overtime Request (form 1.33). The appropriate overtime activity code, obtained from the Overtime Activity Codes reference, (form 1.32) shall be recorded for data collection and timekeeping purposes. B. Employees shall forward Overtime Requests via their supervisors for approval by the respective Section/Precinct Commander. C. Overtime for Lieutenants and above shall be subject to prior approval by a Bureau Commander. Bureau Commanders shall review such requests for overtime before they are forwarded to the Timekeeping Squad. D. Employees are directed to submit all overtime request forms and any overtime-related paperwork to their supervisors without delay. This requirement will be considered the same as that which requires all personnel to complete necessary “arrest, case, and other” paperwork before going off his/her daily work shift. Personnel unable to complete overtime request forms within the specific pay period when the overtime was earned shall complete and attach to each overtime form a memorandum explaining to their chain of command the reason for the delay in the submittal of that overtime form, for that particular pay period. E. Sergeants, Lieutenants, and Captains shall review and forward overtime forms of their employees in a similar timely fashion within the same pay period. Those supervisors employed in an “acting” capacity should ensure that overtime slips are submitted within the pay period worked and should not wait for the permanently assigned supervisor to return. Those Sergeants, Lieutenants, and Captains not processing overtime forms of their employees within the pay period earned are also directed to submit a written explanation to their chain of command. VII. Event Overtime A. B. Page 2 of 4 Special Event Overtime. A special event is a City approved, pre-planned event that requires police services, which go beyond normal daily assignment duties. These include sporting events, parades, fun runs, dignitary protection details, and community or neighborhood events, such as, fairs, exhibits, and celebrations. 1. These events may have a straight time, or overtime component, or both. 2. All time worked at a special event, even if only one employee is involved, shall be documented on an Event Overtime Summary (form 15.6). a. Supervisors shall ensure that all fields describing the event and the individual hours worked are accurately recorded. b. Supervisors shall record the correct activity code from the Overtime Activity Codes reference, and the correct Special Event Number, obtained from the Deployment and Precinct Project Support Unit, in the labeled fields. c. Traffic events usually have pre-assigned Special Event Numbers. Extra-Duty Events. An extra-duty event is work performed on a day off, holiday, when called in off-duty, or an extension of a regular work shift to handle normal police duties. Examples of these events include, but are not limited to: unusual occurrences, demonstrations, protest marches, search warrants, buy-bust operations, completing other arrests, special emphasis patrols, administrative duties, court, training, testing, community relations activities, and attendance at meetings. Section 4.090 Overtime 1. Extra-duty events may have a straight time factor, but typically have both straight time and overtime components. 2. Extra-duty events may be documented on the Event Overtime Summary as a convenience when more than one employee is involved. VIII. Overtime for Civil Actions IX. A. “Civil Action” is any civil lawsuit, civil claim, or insurance claim (including judicial proceedings, depositions, interviews, or other associated activities) related to an incident officially investigated by an employee or an incident about which an employee has knowledge gained through the performance of official duties. B. An employee who makes an off-duty appearance related to a civil action shall submit an Overtime Request in accordance with DP&P – Civil Actions. Overtime By Police Officers Off-Duty A. B. X. Off-duty police officers involved in incidents requiring immediate police action on their behalf shall be granted paid overtime. 1. An on-duty supervisor shall review the circumstances prior to authorizing such overtime pay. 2. Off-duty officers are not eligible for Department paid overtime for work performed for a private employer, except when the normal hours for which that employer has agreed to pay the officer has expired. Upon approval by an on-duty supervisor that there is an immediate need for the concerned officer to perform further duties for the Department, such overtime shall be paid on a shift-extension basis. a. Example: Officer DOE is off duty and is working a four (4) hour shift at Metro. Halfway through his shift, Officer DOE becomes involved in an incident requiring police action. Officer DOE investigates the incident, and makes an arrest. Officer DOE is required to handle the incident as Primary Officer and complete all of the appropriate paperwork, i.e., General Offense, Superform, etc. If Officer DOE is unable to complete the incident prior to the end of the Metro shift, Officer DOE must contact an on-duty SPD supervisor. After briefing the SPD supervisor a decision will be made concerning further action. If Officer DOE continues handling the incident, overtime compensation shall be paid on a shift-extension basis. b. Officers shall not delay the handling of incidents until the end of their off-duty work shift. Handling of incidents shall be commensurate with the event. c. Officers completing incidents on a shift-extension basis shall submit, in person, all related documents to an on-duty SPD supervisor. Related documents include, General Offense Report, Superforms, Overtime Requests, etc. Employees required to appear at any Department hearing, panel, board, medical examination, retraining, interview, or conference as either a designated representative, or to give information, shall be eligible for overtime per the rate applicable to their off-duty status. Compensatory Time Off in Lieu of Overtime Pay A. When mutually agreed upon by the employee and the Department, compensatory time off, equivalent to the amount of overtime earned, may be taken off in lieu of overtime pay. EXAMPLE: One hour of overtime worked would equal 1.5 hours of compensatory time off. Page 3 of 4 Section 4.090 Overtime XI. Standby Pay A. Off-duty standby time shall be defined and compensated according to the terms of collective bargaining agreements or City ordinances in effect at the time standby is approved. Off-duty standby time shall be: 1. Approved in advance by a Bureau Commander or in their absence by a Section Commander, 2. Reported on an Overtime Request, and 3. Computed to the nearest quarter hour, and shall include the actual number of hours spent on authorized standby time. B. When called back to duty from standby status, the regular overtime rules shall apply. C. Off-duty standby assignments which are requested by official agencies other than the Police Department, i.e., Superior Court judges, or the Prosecutor’s Office, shall be reported immediately to the employee’s Section Commanders for authorization of the standby time. XII. Overtime for Eligible Professional, Administrative, and Executive Employees A. B. Page 4 of 4 Regular professional, administrative and executive officers and employees with a top salary step of less than 36.5 on the City of Seattle’s pay scale who are ordered to work more than forty (40) hours in one workweek shall be compensated at the rate of time-and-one-half for all hours worked in excess of forty, except for: 1. Employees exempt from or not covered by the Fair Labor Standards Act, and 2. Employees who are working pursuant to a collective bargaining agreement. Employees with a top salary step of 36.5 on the City of Seattle’s pay scale, who are exempt from the Fair Labor Standards Act, and are not entitled to receive overtime or compensatory time shall be covered by the Executive Leave program (SMC 4.20.300). Seattle Police Department Policies and Procedures Title: Section 4.100 Chapter: 4 - Timekeeping 100 – Restricted Time Off POLICY The Department annually staffs several special events with staffing requirements that exceed the number of available and volunteer personnel. Examples are the Fourth of July, Torchlight Parade, Seafair/Hydros and New Years Eve. In accordance with any applicable collective bargaining agreements, time off for sworn employees and Parking Enforcement Officers will be restricted during these events. The Seattle Police Operations Center (SPOC) will plan and determine staffing needs for these events to ensure the safety of both response personnel and the public. A Special Order containing specific personnel assignments shall be published approximately thirty days prior to each event. This policy applies only to pre-planned special events for which time off has been restricted and does not apply to time off restrictions resulting from emergency mobilizations, i.e.: large storms, earthquakes, civil disobedience, and other unusual occurrences. I. Exemptions From Duty A. Position Exemptions 1. B. Except for incidents requiring emergency mobilization, detectives assigned to the following units are exempt from the personnel draft for special events: a. Homicide and Assault Unit detectives designated as “next up” and “standby” b. Arson/Bomb Unit c. Traffic Collision Section detectives designated as “standby” at the time of the event d. CSI unit detectives designated as “standby” e. Detectives assigned to the Vice and Narcotics Sections who consistently work in an undercover capacity and do not have uniformed secondary work permits, are exempted only from uniform assignments 2. A list of specific personnel that are exempt from the above units by position shall be reviewed and submitted by the respective Bureau Commanders to the Seattle Police Operations Center (SPOC) by January 31st of each year. Section commanders will immediately forward any positional changes under their command to SPOC. 3. Personnel with positional exemptions who have secondary employment permits are prohibited from working in any off-duty capacity during the time of the event. 4. Final exemption approval shall rest with the Deputy Chief of Administration Personal Exemptions Effective Date: 1/3/08 Page 1 of 2 Restricted Time Off C. Section 4.100 1. A determined number of personal exemptions will be allowed for each bureau based on staffing needs for events. It is up to each bureau to determine who receives the exemption. Due to the limited number of exemptions available to each bureau, priority will be given to those requests that are of a serious or significant personal nature. 2. Employees requesting to be excused for any amount of time during designated restricted time off dates shall forward a Request for Authorized Absence (form 2.23), along with any supporting documentation, via their chain of command in January of each year. The requests will then be forwarded to the Homeland Security Bureau Commander by February 10th of each year for review. Following review, the requests will be forwarded to the Deputy Chief of Administration for final approval. 3. Personnel requesting personal exemptions who have secondary employment permits are prohibited from working in any off-duty capacity during the time of the event. 4. If the request is disapproved at any supervisory level, the form will be returned to the requesting officer. 5. The Deputy Chief of Administration will forward the final approved requests to the proper commanders and forward copies to SPOC. Changes in Assignment Status 1. Page 2 of 2 Employees shall immediately forward a Deployment Information Form to the Seattle Police Operations Center in the event of any change in assignment. Failure to notify SPOC of an assignment change could result in the employee being assigned to the event regardless of their current status. Seattle Police Department Policies and Procedures Title: Section 4.110 Chapter: 4 - Timekeeping 110 - Timekeeping (General) REFERENCES CALEA standards 22.2.1 RCW 10.79, 70.24 POLICY The earning and use of time by all employees of the Department shall be done in the manner prescribed by State law, City ordinance, labor contracts, or any other lawful agreements. I. Definitions and Work Schedule Requirements A. Work period: The recurring unit of time in days in which work hours are counted for the purpose of calculating overtime. B. Work week: 1. For civilian employees who are not represented by a bargaining unit, shall begin at 0000 hours Wednesday and end at 2359 hours Tuesday. a. 2. C. For represented employees, shall be determined by the appropriate collective bargaining agreement. Hours worked: Includes all the time an employee is required to be on-duty or at a prescribed workplace. 1. For non-represented employees, eight hours shall constitute a day’s work, and five days shall constitute a week’s work. For officers assigned to Patrol (including CPT, ACT, and clerks) and for officers in the Canine and Mounted units, nine hours shall constitute a day’s work, and four days shall constitute a week’s work. 2. Non-patrol officers will work the normal workday of eight hours a day, five days a week, unless an alternative work shift has been implemented. 3. Alternative shifts: Parties may, by mutual agreement, establish alternative shifts for work units within the department. a. D. This shall be the “work period” used to calculate overtime. All requests for alternative shifts must be proposed through a Labor Management Committee process that may include an Employee Involvement Committee. Sworn employees are allowed a 1/2 hour meal break away from their work station during their 8 hour tour of duty where they shall not be “on-call.” a. 2. Meal breaks taken while “on call” by sworn personnel are considered work time Civilian employees are allowed a 1/2 hour meal break away from their work station during their 8-1/2 hour tour of duty where they shall not be “on call.” a. Effective Date: 11/7/07 Employees are allowed a 1/2 hour meal break away from their work station during their tour of duty, and during which they shall not be “on call”. Meal Page 1 of 7 Timekeeping (General) Section 4.110 breaks are not considered as work time; however, “coffee breaks” are. Exceptions to the above should be made only in emergencies. II. Employees shall end their tour of duty at a time so as not to exceed a standard 8 hour work time requirement. 4. Tours of duty for all personnel should be scheduled to best meet both the standard for “maximum hours” allowed within the “work period” and the appropriate collective bargaining agreements requiring overtime pay. 5. Employees arriving at their work stations early shall not perform compensable work prior to their regular starting time. E. Paid overtime: Time earned in excess of regular shift work and court time. “ordinary” or “extraordinary” overtime are defined by ordinance. F. Standby duty: The formal assignment, of an employee by the Department, for the purpose of responding to emergencies and other problems during the employee’s non-working hours. The act of carrying a pager or similar device does not, in itself, constitute standby duty. G. Standby pay: The monetary compensation paid to an employee who is assigned to standby duty. The normal standby pay rate (unless covered by a collective bargaining agreement) shall be ten percent of the employee’s regular straight-time hourly rate of pay for each hour served on standby duty. The terms Responsibilities A. III. 3. The Department shall administer the laws and rules pertaining to the earning and use of time for their employees in a judicious manner. Section Commanders, as approved by the Bureau Commanders or the Chief of Police, shall regulate the earning and use of time for employees under their command and ensure compliance with collective bargaining agreements. Time Categories A. General 1. B. C. Furlough Days (F): Regularly scheduled days off following a work week. 1. Defined as that period of time off which falls between the end of the last regularly scheduled shift of one regular work week and the beginning of the first shift of the next regularly scheduled work week. 2. May be taken in advance by sworn personnel for a maximum of four (4) days. 3. Furlough days shall not be worked unless prior approval of the concerned immediate supervisor is granted. 4. Officers working a 5 and 2 schedule who voluntarily work a regularly scheduled furlough shall take that day off within the seven (7) day work week. 5. Unless scheduled prior to receipt of a subpoena, employees shall not be furloughed on the day of trial. Delayed Furloughs (DF): Days off granted in lieu of scheduled furlough days which have been voluntarily worked by the employee and furlough days accumulated by employees by working a 4 and 2 schedule with 9 hour shifts, a 3 and 3 schedule with 12 hour shifts, or a 6 and 2 schedule with 8 hour shifts. 1. Page 2 of 7 Abbreviations used to account for time on Unit time sheets and Department Attendance Records are indicated in parentheses next to the time categories listed below. Delayed furloughs shall be used in the calendar year earned and not redefined if unused. Timekeeping (General) D. Section Sick Leave (S) & (SB): An employee’s request for paid sick leave may be granted when the employee is required to be absent from work because of: 1. A personal illness, injury or medical disability incapacitating the employee’s performance of duty, or personal medical or dental appointment, or a. 2. H. Employees sick or injured while on vacation shall be counted as “sick leave” on Unit time sheets after presenting acceptable proof of illness or disability. Holidays (H): Comprised of 12 paid work days off per calendar year. 1. G. Indicated by an “SB” on Unit time sheets. Vacation Days (V): Constitute a prescribed number of work days off, earned per each full month of employment at a rate of accrual specified by a collective bargaining agreement or an applicable City ordinance depending on length of service. 1. F. Indicated by an “S” on Unit time sheets. (SB) An illness, injury, or medical or dental appointment of an employee’s spouse or domestic partner, or the parent or dependent child of an employee, or the parent or dependent child of the employee’s spouse or domestic partner. a. E. 4.110 When an employee (except a LEOFF 1 officer) is on disability leave or sick leave and a holiday occurs, they shall be marked “H” on the time sheet. Compensatory overtime (CO): Time earned in lieu of paid overtime. 1. Subject to the constraints of each bureau and collective bargaining agreements, employees may earn and accumulate compensatory overtime for use as time off from work. 2. Each bureau may set standards allowing employees to accumulate compensatory overtime (CO), depending on the staffing needs and scheduling constraints of its individual sections and units. 3. Whenever the limit of earned CO is exceeded, a sufficient amount must be scheduled for use within the following thirty calendar days. Supervisors shall be responsible for monitoring the accumulation and use of all compensatory overtime. 4. City Ordinance 96350 as amended by 97109 requires that each hour of CO “shall be taken off within 12 months from the date earned.” 5. An employee, subject to administrative approval, may have any compensatory overtime earned paid on the basis of the employee’s current rate of pay. Special Duty Days (SD) and Training (T) Days: Designated for timekeeping purposes to describe instances when personnel perform police oriented functions away from their normal duty station. Attendance at business meetings, training or conference events will only be authorized if the event or meeting offers a substantial benefit to the Department in terms of conducting Department business or enhancing the professional development of the employee. Attendance at board meetings of professional organizations will only be allowed for those organizations representing specifically job-related associations in the employee’s professional field. 1. Training days shall include attendance at Department sponsored training, seminars, conferences, boards, and conventions. 2. Special duty days shall include extraditions and testifying in court. 3. Special duty days and training days described in 1 and 2 above, which do not involve the expenditure of Department funds, require the approval of the respective Section Commander. Units independent of Section authority shall submit requests directly to their Bureau Commander. Page 3 of 7 Timekeeping (General) I. K. All other special duty and training assignments require authorization from the respective Bureau Commander. Supervisors shall ensure that requests are approved appropriately. 5. Such authorizations for special duty days and training days may be subject to review by the Command Staff in order to ensure this policy is applied consistently and fairly. 6. “SD” and “T” days shall be recorded on unit time sheets, or other specialized timekeeping documents, with a brief description of the assignment and location of the employee while absent from regular duty. Release Time (RT): Sworn employees may use release time at the discretion of an immediate supervisor for a period of up to two days. Release time shall be used as is reasonably necessary to stabilize a sudden and unexpected disabling illness, injury, or condition to a member of the employee’s immediate family. Supervisors shall verify that sworn employees requesting release time have a valid reason to be absent from work. a. Supervisors must complete a Release Time Authorization Form and submit it by attaching it to the timesheet and forwarding to Timekeeping. b. A copy of the Release Time Authorization Form must be reviewed by the employee’s chain of command, up to and including their section commander. A copy must be forwarded to the Bureau Commander. 2. Additional release time may be obtained upon prior approval of the Bureau Commander. 3. Release Time of more than two days is potentially a Family Medical Leave qualifying event. If an employee has received release time of more than 2 consecutive days, that request will be forwarded to the Employment Risk Manager. The Employment Risk Manager will inform the employee of the Family Medical Leave option. Guild Day (GD): A special leave of absence granted to Guild or union officers for attending official labor conventions or conferences. 1. Guild day absences shall not exceed 10 consecutive days per meeting, and the sum total of all such absences shall not exceed 120 work-days in any contract year. 2. This leave of absence must be approved by the Seattle Police Officers Guild president. All Guild officers that request Guild days shall complete the Guild Day Authorization and Voucher (form 2.23.1). Funeral Leave (FL): 1. Page 4 of 7 4.110 4. 1. J. Section Definitions a. “Close relative” means spouse, domestic partner, child, mother, father, brother, sister, grandfather, grandmother, or grandchild of the employee, employee’s spouse, or domestic partner. b. “Relative other than close relative” means aunt, uncle, cousin, niece, nephew, or the spouse of the brother, sister, child, or grandchild of the employee, employee’s spouse or domestic partner. 2. Sworn employees are allowed up to five (5) days off without salary reduction for the purpose of attendance at the funeral of any “close relative” or any “relative other than a close relative.” These days off shall be recorded as “funeral leave” “FL”. 3. Civilian employees are allowed: Timekeeping (General) 4. Section 4.110 a. One (1) day off with pay for the purpose of attending the funeral of any “close relative”. When such attendance requires total travel of two hundred (200) miles or more, one (1) additional day with pay shall be granted, b. Up to four (4) additional days chargeable to sick leave are allowed, provided no combination of paid absence shall exceed five (5) days for any one period of absence, and c. Up to five (5) days chargeable to sick leave for the purpose of attending the funeral of a “relative other than a close relative.” Employees requesting funeral leave shall submit an Application for Funeral Leave (form 2.26) to their Unit Commander for approval. The form shall be submitted immediately upon return from verbally approved funeral leave. Upon approval, the Unit Commander shall forward the form to the Timekeeping. Timekeeping shall not authorize pay for funeral leave days until the approved form is received. L. Military Leave (ML): Employees who are members of the United States Armed Forces reserve shall be granted 15 days paid leave annually to satisfy active duty and drill requirements. M. Emergency Days (ESL): agreements. N. Jury Duty (JD): Any full-time employee who receives a summons to report for jury duty, shall immediately notify their supervisor in writing, attach a copy of the summons, and forward this information through the appropriate chain of command. A copy of the summons and written notification shall also be sent to the Timekeeping. 1. 2. For civilian employees as per current collective bargaining The employee’s Section Commander has the discretion to request that the appropriate jury coordinator excuse the employee from jury duty: a. If minimum manpower requirements would be adversely affected, or b. At the employee’s request, for good cause. The following guidelines shall apply to individual employees who must report for jury duty: a. All employees summoned for jury duty will be placed on a 5-2 schedule at their regular duty assignment. The work shift will be altered to be compatible with jury duty hours (i.e., 0800 to 1600 for day court and 1600 to 0000 for night court). b. Employees summoned to jury duty during their shift shall be excused from their routine duties and shall report to the location noted on the Jury Duty Tour Notice. c. Any employee not selected from the jury pool, and who is released by the Court as not needed on a particular day, or portion thereof, shall immediately report at their assigned work place for the balance of the shift. Exception: Department employees who are actually impaneled on a jury, but who are then released early by the Court, for whatever reason, shall not be required to return to work at the time they are released by the Court. 3. Compensation a. Employees shall have no pay deducted for the time spent on jury duty. b. Compensation received by an employee for jury duty (excluding mileage fees) shall be forwarded to the Department’s Payroll Office as soon as it is received by the employee. Page 5 of 7 Timekeeping (General) IV. V. Section 4.110 O. Limited Duty (LD): Temporary assignment to a position which may not require the employee to perform all of the duties normally required by the Department for the employee’s particular rank or job classification. (See DP&P - Limited Duty Assignments.) P. Military Leave (ML): Time off for employees to meet their obligations as members of a military reserve unit. (See DP&P - Military Leave.) Q. Leave of Absence - Without Pay (LOA): Pre-approved time off without pay as requested by an employee. See DP&P - Leave of Absence.) R. Absent Without Leave (AWOL): Employees who are not present and who are not officially excused from duty shall be marked “AWOL” on Unit time sheets and Attendance Records and shall forfeit pay for the time of the absence. (See DP&P - Absence From Duty.) Fair Labor Standards Act (FLSA) Regulations A. The Fair Labor Standards Act was set up by the Federal Government to protect those employees that were not being paid overtime by their employer. B. Sworn officers are required to take a certain amount of furloughs off per FLSA work period. This work period is negotiated between the City and the Federal Government, and is subject to change. C. Budget problems arise when a normally scheduled furlough is worked (circled) and not taken off during the same FLSA work period. This results in the unnecessary payment of overtime. Supervisors shall monitor this practice and be responsible for ensuring assigned personnel take the required number of furloughs off. D. Paid time (vacation, sick leave, holiday, compensatory overtime, etc.) is not considered time off under the FLSA regulations. E. The Personnel Section shall periodically publish the current FLSA guidelines via Department Notice. Time Balances A. Supervisors, or in their absence their acting replacements, will record and report time only for their subordinate employees. This procedure involves supervisors and managers, through their chain of command, reviewing and approving timesheets. B. Employees submitting requests for changes in the “time balance” section of the semi-monthly Seattle Police Department Attendance Record, shall do so within 45 days of the day in question. Later changes may be made if the employee was on an extended absence and then only upon approval of the Bureau Commander. C. Employees shall ensure that they have sufficient time accumulated for sick leave, vacation, and compensatory overtime taken off with pay. First line supervisors shall verify compliance when they approve the time sheets. Timekeeping may look at other available time balances to compensate for unavailable time taken. In the event that Timekeeping makes such adjustments, the employee and the employee’s chain of command will be advised. D. The only consideration given to a request from an employee regarding adjusting “without pay” situations shall be through the employee’s Bureau Chief utilizing the appropriate chain of command. E. Employees having a holiday or furlough “minus time balance” at the end of the calendar year may resolve the situation by: 1. Page 6 of 7 Deduction of vacation days in sufficient number to “pay back” owed time by January 31 of the following year, or Timekeeping (General) 2. Section 4.110 In the absence of enough vacation time or at the employee’s request, payroll deduction for the days not worked by their last payroll check of the year for furloughs and first payroll check of the following year for holidays. It shall be the employee’s responsibility to notify Timekeeping of their choice. Failure to do so shall result in the automatic reduction of vacation days. F. The Timekeeping shall check the furlough balances quarterly and forward a list of those employees in non-compliance (+36 hours or -36 hours) to the respective Section Commander and Bureau Commander. G. Timesheets must be completed in ink and the corrections need to be initialed. The use of the signature stamp is not permitted. Page 7 of 7 Seattle Police Department Policies and Procedures Title: Section 5.001 Chapter: 5 - Employee Conduct 001 – Standards & Duties Purpose This chapter provides the philosophy for employee conduct and professionalism and serves as the foundation upon which guidelines and rules are promulgated. The content of this chapter is not all-inclusive; other chapters of the Manual, directives, and other formal communications provide expanded or clarified information. A thorough review of this chapter will give employees, supervisors, and managers an understanding of standards and duties as they relate to their work and conduct as a member of the Seattle Police Department. Philosophy Being an employee of the Seattle Police Department and, in particular, a sworn officer places all of us in a position of trust and high esteem in the eyes of the public. As employees we have access to privileged and confidential information and authority that far exceeds that of other citizens. The power to conduct investigations, arrest, and to use force are specifically granted to the police through the process of democratic government. We must be ever mindful that concurrent with this authority comes additional responsibility and that our actions are subjected to review and oversight through a variety of systems not imposed on others. Now, perhaps more so than at any other time because of the aftermath of September 11, the work that all of us do is of greater importance to the citizens we serve. The history of policing is one of working together with the community in order to have a safer society. Members of the policing profession are respected and admired by the public for they truly know and appreciate the demands placed upon all of us as we strive to protect them and preserve civil liberties. Our jobs require professionalism and dedication and it is incumbent on all of us to adhere to the rules and regulations of the Department and to constantly remember the special place we hold in society. I. Ensuring Public Trust A. To fulfill its mission, the Department needs the support and assistance from the communities it serves. One of the critical elements in creating and maintaining this important relationship is how the Department responds to perceptions and complaints from citizens. B. It is the Department’s responsibility to receive and investigate complaints against its personnel and to conduct an investigation when there is information that an employee may have violated a law, rule, policy or procedure. In those instances, the Department will state the legal or policy violation when investigating an employee for alleged misconduct. When initiating an investigation into allegations of misconduct or violations of law not specifically defined in the Manual, the Department shall identify the related law, rule, policy or procedure violation alleged. Employees may be disciplined for proven violations of Department policy, procedure, or rule, or violation of law. The absence of a specific rule is not a shield against investigation into credible allegations of acts or omissions that are recognized as commonly held legal or workplace standards. Refer to DP&P-Public and Internal Complaint Process. C. It is not the Department’s intent to interfere with or constrain the freedoms, privacy, and liberties of employees. Discipline will only be imposed where there is a nexus or relationship between the conduct and the duties, rank, assignment, or responsibilities of the employee, whether on or off duty or in or out of uniform. Effective Date: 11/5/07 Page 1 of 9 Section 5.001 Standards & Duties II. Guidelines, Rules, and Expectations A. This part of the chapter provides fundamental guidelines and expectations that govern the manner in which the Department fulfills its mission. 1. Chain of Command a. Orders (1) Employees shall adhere to the authority levels delineated in the Department chain of command. Employees shall obey any lawful order issued by a superior officer. Orders may be issued directly, or may be relayed through a subordinate employee. This section specifically includes published notices of mandatory training. Should such order conflict with any previous order, published regulation, or Table of Organization, this conflict shall be respectfully called to the superior officer’s attention. The superior officer who issued the conflicting order shall take steps necessary to correct the conflict in orders. Superior officers assume responsibility for the actions of subordinates who are properly discharging the superior officer’s directives. The ranks conferred upon employees via the Department chain of command apply while exercising law enforcement authority, whether in an on-duty or secondary employment capacity. b. Insubordination (1) Failure to obey orders from a superior officer constitutes insubordination. An employee is not obligated to obey orders of a superior officer when such orders are illegal or unethical; that represent unjustified, substantial and/or reckless disregard for life and officer safety; when the superior officer has been relieved from duty by an officer superior in command; when the superior officer is experiencing a manifest psychological crisis, or is otherwise physically or mentally incapacitated; or when other articulable and substantive circumstances are present that establish that the superior officer is incompetent or incapable of discharging the duties of his/her assignment. Employees confronting this situation shall, if practical, state the basis for objecting to the order to the superior officer. If the situation remains unresolved, the employee shall immediately contact the officer next higher in rank in his/her chain of command; the Duty Captain; or any higher-ranking officer (in that order). Employees invoking this exception shall be prepared to fully and accurately account for and justify their actions. c. Responsibilities of Supervisors (1) Every supervisor, commander and manager of the Department shall apply the standards, guidelines and rules of the Department in the execution of the oversight and management of the personnel assigned to them. Every supervisor, commander and manager of the Department is responsible for making and executing decisions within the scope and extent of their authority. The mere existence of a person of higher authority does not excuse a supervisor, commander or manager of the decision-making responsibilities that are inherent in their assignment. d. Incident Command (1) The principles of the Incident Command System shall be applied whenever appropriate. The three priorities of incident command, in order are: (a) Life Safety (b) Incident Stabilization; and (c) Property Conservation Page 2 of 9 Section 5.001 Standards & Duties (2) While the IC System itself may be amended or modified depending on the situation confronting an incident commander, the essential categories are recognized to have universal applicability. These categories are as follows: (a) Command, Control and Communications (b) Operations (c) Planning and Intelligence (d) Logistics (e) Personnel and Finance (f) Safety (g) Public Information Refer to SPD Emergency Operations Manual. III. Knowledge of and Adherence to Laws and Department Policy and Procedures A. Laws 1. B. Manual 1. C. Employees shall be knowledgeable of and obey Federal and State laws, and the laws and ordinances of the City of Seattle. Employees shall be fully informed of the contents of the law relating to their decisions or enforcement actions by attending Department training and reviewing information provided by the Department. Employees shall be knowledgeable of and adhere to the provisions of this Manual, and of all published changes or amendments to Department policy and procedures as promulgated by the Chief of Police or his/her designee. Collective bargaining agreements 1. Employees of the Department, particularly supervisory personnel, shall be knowledgeable of applicable collective bargaining agreements, and local, state and federal labor laws (e.g. FLSA). Refer to DP&P-Collective Bargaining and Contract Management. IV. Communication and Confidentiality A. Through Chain of Command 1. B. Employees shall direct communications through their chain of command unless directed otherwise. If an employee believes they have information of such a sensitive nature as to require communication outside the chain of command, the employee may communicate directly with any higher-ranking officer, including the Chief of Police, and at that point the responsibility for any further dissemination of that information lies with the higher-ranking officer. Representation of the Department 1. Responsibility for management of the Department and promulgation of policy and budget rests with the Chief of Police. 2. Employees shall not disseminate information concerning their personal interpretations of Department policy, investigations, crime patterns, budget, deployment or other opinions that could be construed as representing the Department or the Chief of Police. Subordinate employees may be granted authority to represent Department issues on a case-by-case basis, but only following delegation by their chain of command. Specific employees (e.g. Media Relations Officers) may be granted broad authority to represent Department issues outside their chain of command, or on behalf of the Chief of Police (or his designee). Page 3 of 9 Standards & Duties Section 5.001 3. Only employees holding the rank of Lieutenant and above may comment to the media on behalf of the Department. They shall provide Media Relations with information about the request and, if time permits, contact them in advance to assist with the interview. All information transmitted to the chain of command or, where permitted, externally, shall be accurate. 4. This provision does not apply to union leaders engaged in commentary about the Department as part of their duty of representation. This provision is not meant to restrain an individual’s expression of free speech rights. When expressing their own opinions about Department policy or procedure, those opinions should be clearly identified as those of the speaker. Refer to DP&P-Media Relations. C. Confidentiality 1. All employees shall maintain confidentiality of sensitive Department records, the non-disclosure of which is essential to effective law enforcement, as well as private information, including criminal history, criminal investigations, complaints and disciplinary investigations, personnel information and other confidential Department information and documents and not communicate such information outside of the criminal justice system unless otherwise required by Department policy, court order or other legal mandate, or by expressed permission of the involved employee. Refer to DP&P-Department Records Access, Inspection and Dissemination. D. Personnel Information 1. E. All employees shall maintain confidentiality of information from personnel files, including home addresses, home and personal telephone numbers, and social security numbers of current and former employees and shall not share information of this nature unless required by Department policy, court order or other legal mandate, or by permission of the involved employee. Correspondence 1. Departmental correspondence, including official letters and emails, addressed to entities outside the Department must be signed or approved by a Lieutenant or higher authority. Blanket approval for routine/repetitive correspondence may be granted by a Lieutenant or higher. Such routine correspondence shall be reviewed for content and compliance with policy on at least an annual basis. 2. All correspondence, and written communication, including but not limited to, e-mails, memos, letters, and MDC transmissions, is subject to public disclosure or discovery. All employees shall ensure that their communication is lawful, appropriate and professional. Refer to DP&P-Departmental Correspondence and Use of Department E-mail and Internet. V. Honesty A. Employees shall be truthful and complete in all official oral and written communications, statements, and reports; testimony; official administrative and employment records; and statements and interviews in internal investigations. The exceptions to this standard are where deception is necessitated by the nature of an employee’s assignment, the need to acquire information for criminal investigation or public safety, or an exigency of ensuring employee safety or the safety of others. The use of deception must be for a specific and lawful purpose and temporary in nature. Employees may not represent themselves in anyway as a member of the media. B. Sustained allegations of dishonesty may affect an employee’s ability to serve as an effective witness in court, and thus may be grounds for termination subject to the provisions of the applicable collective bargaining agreement. C. One of the Department’s responsibilities is to investigate and assist the prosecutor in the prosecution of persons who commit crimes. Police also have an equally important responsibility to assist the prosecutor in preventing any miscarriage of justice. An employee shall promptly report information of which they Page 4 of 9 Section 5.001 Standards & Duties have personal knowledge that he/she is aware may bear on or establish the innocence of a person under investigation, or who has been charged with or convicted of a crime, to his/her chain of command. VI. Integrity A. As a Department standard, employees shall be consistent in their conduct and adherence to law and Department policy. Individual employee’s actions that create a conflict of interest or the appearance of a conflict of interest, dishonesty, criminal activity, or permitting criminal activity may impair public confidence in the employee and the Department. 1. Conflicts of Interest a. 2. Employee Associations a. 3. Employees shall not associate with persons, entities, and organizations where such association reasonably gives the appearance of conflict of interest in employee enforcement decisions or actions. Misuse of Authority a. 4. Employees shall not engage in enforcement, investigative or administrative functions that create conflicts of interest or the appearance of conflicts of interest. For example, employees shall not be the primary investigators of crimes where they are the victim, nor effect arrests – except in an emergency – of family members, business associates, or social acquaintances. Employees shall exercise discretion in favor of recusing themselves from any process that might reasonably be expected to create a conflict or the appearance of a conflict of interest. Employees shall not use their position or authority as a police officer for personal gain. Gratuities a. Employees shall not solicit or accept any gratuity or any other thing of value where there is any connection, however remote, between such offer or solicitation and the employee’s Police Department employment, except as expressly approved by the Chief of Police. Employees shall not: (1) Solicit or accept any gratuities of merchandise, meals, beverages, or any other thing of value which might tend to influence their or any other employee’s actions in any matter of police business or which might reflect adversely on the Department or any of its employees, (2) Solicit or accept any discounted services or merchandise whatsoever as a result of their Department employment unless such discount is routinely offered to various groups or individuals and not limited to Department employees, (3) Solicit or accept any gift or gratuity from other Department employees if such items would adversely affect the actions of the employee in connection with police operations, (4) Offer or agree to purchase any item of private property from a non-criminal justice employee, when the contact with the owner or agent of the owner is as a result of the employee performing his/her Department duties, without Department approval. This prohibition to purchase specifically includes firearms and real property, (5) Become financially or otherwise indebted to any other employee to the extent that work performance is affected, (6) Solicit any personal notoriety and/or award or solicit or accept any reward for services rendered incident to their position or duty as an employee of the Department, or (7) Solicit or accept free admission to the theaters and other places of amusement for themselves or others; except in the line of duty. Page 5 of 9 Section 5.001 Standards & Duties b. 5. 6. Any unauthorized gratuity, gift, fee, commission, loan, reward, or other thing falling into any of these categories which comes into the possession of any employee shall be forwarded through the Captain of the Audit, Accreditation and Policy Section to the office of the Chief of Police together with a written report explaining the circumstances connected therewith. A copy of the report shall be forwarded to the employee’s Section or Precinct Commander. Engagement of the Civil and Criminal Justice System a. Prior to initiating a civil action for damages sustained while working on or off-duty in a law enforcement capacity or which arises by virtue of the officer’s employment with the Seattle Police Department, the employee shall report their intention, in writing, to the Chief of Police. b. Sworn employees shall not apply for any criminal process, such as a no contact or restraining order, regarding an assault upon themselves that occurred on-duty or while working in an offduty law enforcement capacity, without notifying their chain of command. Sworn employees shall report any assault upon themselves that occurred while working in an off-duty law enforcement capacity to their chain of command. c. No employee below the rank of Bureau Commander shall make any recommendations regarding the disposition of any pending court case investigated by the Department to any court or other judicial agency. This does not apply to agencies conducting Pre-sentence Investigations. d. Employees shall refrain from making any recommendations to any other agency which might imply official approval or disapproval of that agency’s action by the Department. e. Any employee below the rank of Bureau Commander who wishes to make any other recommendation may forward such recommendation, in writing, through the proper channels, to the bureau handling the investigation. f. Employees shall not interest themselves in any manner in any civil action growing out of their official police knowledge or actions, except by due process of law. Recommending Employment of Attorneys, Bondsmen and Business Firms. a. Employees shall not recommend or suggest the employment of any attorney, bondsman, or business to any person during the course of, or as a result of, their official business as employees of the Department. VII. Professionalism A. Department employees, and particularly sworn uniformed officers, are the most conspicuous representatives of government, and are legally granted significant authority to enforce the law and ensure public order and safety. The standards that govern this authority include conduct that is respectful, neutral, objective and unbiased. Specific rules and guidelines that relate to this standard include the following: 1. Exercise of Discretion a. 2. Courtesy a. Page 6 of 9 Discretion consists of the ability to apply reason, professional experience and judgment in decision-making. Employees are authorized and expected to use discretion consistent with the mission of the Department and duties of their office and assignment. The scope of discretion is proportional to the severity of the crime or public safety issue being addressed. For example, an employee’s scope of discretion in dealing with a minor traffic infraction is broader than when an employee is affecting an arrest on probable cause for a domestic violence misdemeanor or felony. Employees shall strive to be professional and courteous at all times, whether in person or through other means of communication. Section 5.001 Standards & Duties 3. Traffic stops: a. Employees will introduce him or herself to the citizen, providing name, rank or title, and agency affiliation, and state the reason for the stop as soon as practical when safety considerations allow, unless the employee believes providing this information will compromise officer or public safety. b. Ensure that the detention is no longer than necessary to take appropriate action for the known or suspected offense, and that the citizen is informed of the purpose of reasonable delays. c. To the extent that safety considerations and confidentiality requirements allow, answer relevant questions the citizen may have concerning the traffic stop if circumstances permit, including explaining any options for traffic citation disposition, and name and serial number when requested. Refer to DP&P-Traffic Enforcement. 4. Reasonable suspicion stops: a. When practical, an officer will attempt to explain the reasons for a reasonable suspicion stop if the suspicion for the stop no longer exists and if appropriate express regret for any inconvenience. Refer to DP&P-Social Contacts, Terry Stops and Arrests. 5. Duty to Identify a. Provided that no investigation is jeopardized, no police function is hindered, and safety considerations permit, when a citizen requests a Department employee engaged in Department related activities to identify themselves (including but not limited to requests for name, badge number, or serial number), the employee shall do the following: (1) Uniformed, sworn employees and Parking Enforcement Officers shall provide their name, and Department serial number verbally, or if requested, in writing, or provide a Department-issued business card that contains their name and serial number. (2) Non-uniformed, sworn employees shall display their badge and Department identification card, and shall provide their name and Department serial number verbally, or if requested, in writing, or provide a Department-issued business card that contains their name and assignment. (3) Civilian employees shall verbally provide their name and Department serial number, or provide a Department-issued business card that contains their name and serial number, and shall display their Department identification card if specifically requested to do so. 6. 7. Prohibitions Concerning Derogatory Language a. Words which imply derogatory connotations or manifest contempt or disrespect toward any race, creed, religion, sexual orientation, or national origin shall not be used at any time by employees of the Department in the course of their duties or at any other time so as to bring the Department or themselves into disrepute. b. Profanity is discouraged, but it is understood that it will occur occasionally in a law enforcement environment. The use of profanity will be judged based upon the totality of the circumstances in which it is used. Training a. Employees shall attend all mandatory training and meet all qualifications within the time period proscribed. In the event that an employee is unable to comply with an order for mandatory training, the following will apply: Page 7 of 9 Section 5.001 Standards & Duties (1) Employees who are on approved limited or light duty and cannot participate in a mandatory training program because of their work restrictions shall submit a written waiver request on a Memorandum, and a Insurer Activity Prescription Form (APF) through their chain of command. (2) Employees who have been issued subpoenas shall be excused for that portion of the training that coincides with their court appearance. (3) Employees who have missed any mandatory training as a result of excused absences, such as a sick day, shall make arrangements through their immediate supervisor to complete that training within a reasonable time frame. 8. Establishing and Maintaining a Respectful Workplace a. Harassment because of a person’s race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status, or political ideology, or that of their relatives, friends, or associates is employment discrimination. Such harassment violates either City, State, or Federal laws. The Department will not tolerate any form of harassment. Refer to DP&P-Harassment in the Workplace. 9. Completion of Reports, Evidence Processing, and other Official Actions a. Employees shall give priority to the completion of Incident or other official reports and/or processing a scene for evidence unless there are reasons that necessitate foregoing these investigative actions. 10. Criticism of Orders and Others a. Employees shall not publicly criticize or ridicule verbally or in writing the Department, its policies, or other employees, other law enforcement agencies, or the criminal justice system or police profession generally while on duty or in uniform where such expression is defamatory, obscene, unlawful, undermines the effectiveness of the Department, interferes with the maintenance of discipline, or is made with reckless disregard for truth or falsity. 11. Accountability a. All employees share the responsibility to promote accountability within the Department. Employees shall report any criminal violations of law or serious misconduct involving any employee performing Department duties that they witness in the manner directed in other sections of the SPD manual. Refer to DP&P-Department Mission Statement and Priorities 12. Secondary Employment a. Employees holding the rank of sergeants and above shall not engage in law enforcement secondary employment that is coordinated, or brokered by, or supervised or scheduled by, an employee of lower rank in the supervisor’s direct chain of command. Refer to DP&P-Secondary Employment. 13. Firearms Standards a. On Duty (1) Sworn employees must be armed with a Department-approved firearm and carry official SPD identification or be in uniform within the City. (2) Exceptions to this requirement include certain assignments or instructions from the Department, attendance at certain training sessions wherein the carrying of a firearm is prohibited, and in certain areas such as jail/detention facilities, medical facilities, etc. Page 8 of 9 Section 5.001 Standards & Duties Refer to DP&P-Firearms in the King County Courthouse for the policy regarding firearms while in the King County Courthouse. b. Off Duty (1) When armed in the City or with their Department-approved firearm, sworn personnel must carry official identification while off duty and in plainclothes. Off-duty sworn personnel may choose whether or not to be armed. Refer to DP&P-Firearms and Firearms in the King County Courthouse. VIII. Duty Status and Course and Scope Certification A. The Chief of Police has final authority through the Charter of the City of Seattle to determine the onduty status of any employee, and whether their actions are within the course and scope of their duties. Completion of overtime or other Department forms by employees does not establish the duty status of an employee of the Seattle Police Department. Refer to DP&P-Authority and Jurisdiction. Page 9 of 9 Seattle Police Department Policies and Procedures Title: Civil action: Any civil lawsuit, civil claim, or insurance claim (including judicial proceedings, depositions, interviews, or other associated activities) related to an incident officially investigated by an employee or an incident about which an employee has knowledge gained through the performance of official duties. Citizen Claims for Reimbursement A. Although citizens may file a claim with the City for reimbursement for any damages or expenses that result from police action, officers cannot obligate, and should not suggest, that the City or the Department will pay such claims. Legally, the City is usually not obligated to reimburse citizens for all damages or expenses that result from police action (e.g. the service of a search warrant where force is used to gain entry). 1. B. III. IV. 010 - Civil Actions Definition A. II. 5.010 Chapter: 5 - Employee Conduct I. Section Officers shall not promise citizens that they will be reimbursed if they file a claim. If a citizen requests information regarding reimbursement for damages, officers should inform them that they may apply for reimbursement by filing a claim with the Claims Division of the City’s Law Department. Citizens may pick up a claim form at the Seattle Municipal Building, Clerk’s Office, 600 Fourth Avenue - Room #104, or they may call 684-8213 and a form will be mailed to them. Involvement / Participation in Civil Actions - Generally A. No employee shall volunteer to aid any private party in any manner in a civil action, and no employee shall participate in any manner in a civil action except as provided by Department policy and due process of law. B. No employee, except the Chief of Police as the custodian of Department records or an employee specifically designated by the Chief of Police (e.g., Records, Evidence and Identification Section Director, Department Legal Advisors), shall provide to any person or authority outside the Department, related to a civil action, any Department records, reports, documents, or other materials, or copies thereof, completed by an employee in the performance of official duties. C. No employee shall confer or consult with any person outside the Department or participate in any activity or proceeding related to a civil action, except in response to a subpoena or at the request of a Department Legal Advisor, City Attorney, or private attorney representing the City. Compensation for Appearances in Civil Actions A. An employee who makes an authorized appearance (e.g., interview, conference, deposition, judicial proceeding) related to a civil action shall be compensated by the Department in accordance with applicable compensation provisions for duty-related activities. B. No employee shall solicit or receive, directly or indirectly, any other fees or compensation (e.g., witness fees, expert witness fees, consultation fees) for any appearance, participation, or other activity related to a civil action. Effective Date: 5/20/04 Page 1 of 3 Section 5.010 Civil Actions V. VI. Supervisory Notification and Scheduling A. Whenever an employee receives a subpoena or request from a Department Legal Advisor, City Attorney, or private attorney representing the City to appear or participate in an activity related to a civil action, the employee shall inform their immediate supervisor of the subpoena or request, the nature of the employee’s involvement (e.g., appearance at trial, deposition), and the anticipated date and time of the appearance. B. Whenever possible, consideration should be given to scheduling appearances and activities related to private civil actions (a civil action where the City, State, or some other government agency is not a party to the action) outside the employee’s normal duty hours if an on-duty appearance would affect the operation of the employee’s unit of assignment. Overtime Requests A. B. An employee who makes an off-duty appearance related to a civil action shall submit an Overtime Request (form 1.33) in order to receive compensation for the appearance. Employees shall indicate on the request: 1. That the appearance or activity was related to a civil action, 2. Names of the parties involved in the civil action and who requested the employee’s appearance, 3. The nature of the appearance (e.g., trial, deposition, interview). The Overtime Request shall be routed and reviewed according to standard court time/Overtime Request routing and review procedures. VII. Fiscal Unit Notification A. In all cases where an employee makes a civil action related appearance (e.g., interview, conference, deposition, judicial proceeding), on-duty or off-duty, at the request of a private party (a party other than the City, Department, or other government agency), the Fiscal, Property and Fleet Management Section will collect fees from the private party. In order to facilitate billing by the Fiscal Unit, such employee appearances shall be reported as follows: 1. 2. The employee who makes an appearance, on- or off-duty related, shall complete a Memorandum (form 1.11) addressed to the Fiscal, Property and Fleet Management Section, indicating the following: a. Name, address, and business phone number of the attorney(s) representing the party who requested the employee’s appearance, b. The date, hours, location, nature of the appearance (e.g., conference, deposition, trial), any time spent in preparation for the appearance, and whether the appearance occurred during the employee’s on-duty or off-duty hours, and a brief description of the nature of the civil action (e.g., civil lawsuit, insurance claim) and the incident and employee activity related to the civil action (e.g., vehicle accident investigation, incident number), c. The employee shall attach to the Memorandum a copy of any subpoena the employee received and in the case of off-duty appearances, a copy of the Overtime Request completed by the employee, In the event an employee receives any fees or compensation for a civil appearance, the employee shall forward the fees or compensation to the Fiscal, Property and Fleet Management Section with the Memorandum, and a. Page 2 of 3 Any checks received by an employee shall be endorsed “payable to the City of Seattle” and shall be signed by the employee. Section 5.010 Civil Actions 3. The Memorandum with attachments shall be forwarded for review through the employee’s chain of command. Each supervisor shall initial and date the Memorandum to acknowledge review. The Section/Precinct Commander shall then forward the Memorandum, with attachments, to the Director of the Fiscal, Property and Fleet Management Section. Page 3 of 3 Seattle Police Department Policies and Procedures Title: A. Department employees, while on-duty, may speak with defense attorneys or their investigators about misdemeanor cases (adult or juvenile) without prior approval of the prosecutor. B. Prior to any conversation with the defense, employees shall: 1. Ensure the person asking the questions is actually representing the defendant as either a defense attorney or defense investigator, 2. Review the report(s) of the incident, 3. Confirm the victim in the case is not a Department employee, 4. Make sure they have information relevant to the case, 5. Check to make sure the case is an active criminal court case. If there is any concern about the line of questioning, or if there appears to be the potential that any other investigation may be compromised by answering the questions, terminate the interview and contact the City Attorney’s office. If any of the above conditions are not met, the employee should refer the defense attorney or investigator to the prosecutor. Officers who decline to speak with the defense may be subpoenaed or ordered by the court to give a deposition. Signing Statements or Documents A. IV. Department employees shall not discuss the testimony they may give in a felony case with anyone outside the Department without the prior approval of the concerned prosecuting attorney. If an employee receives a request to discuss such a case, the employee shall refer the requestor to the prosecutor. Misdemeanor Case Testimony C. III. 030 - Criminal Case Testimony Felony Case Testimony A. II. 5.030 Chapter: 5 - Employee Conduct I. Section Department employees shall not sign any statement or document concerning a criminal case prepared for anyone outside the Department, except at the direction of the concerned prosecutor. Department Employees Appearing as Defense Witnesses A. Whenever an employee receives a request, notice, or subpoena to be a defense witness in any criminal case, either by personal appearance, deposition, or affidavit, the employee shall immediately notify the concerned prosecuting agency. Effective Date: 5/19/04 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 5.040 Chapter: 5 - Employee Conduct 040 - EEO Complaints & Investigations REFERENCES CALEA standards 26.1.3, 31.2.3, 82.3.5. POLICY All complaints of discriminatory misconduct from Seattle Police Department employees as they pertain to workplace harassment will be thoroughly investigated and resolved in accordance with applicable laws or regulations, whether initiated from within or from outside the Department. Complaints may be formal or informal, oral or written. I. II. General A. An Equal Employment Opportunity (EEO) complaint is an accusation of misconduct based on race, creed, color, national origin, age, gender, sexual orientation, marital status, political ideology, parental status, religion, ancestry, or mental, physical, or sensory handicap. B. Workplace harassment is prohibited by law, when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Responsibilities A. Human Resources Director 1. B. EEO Investigator 1. C. The EEO Investigator shall investigate all complaints of workplace harassment and discriminatory misconduct by Seattle Police Department employees. The EEO Investigator shall report to the Human Resources Director. Office of Professional Accountability- Investigations Section Commander 1. III. Shall monitor all Department procedures regarding fair employment and labor practices. The Director will mediate issues arising from these complaints, when substantiated. The OPA-IS Commander is responsible for the administration and maintenance of all procedures involving complaints of discriminatory misconduct by employees of the Seattle Police Department. Procedures A. All complaints of employee misconduct based on the above descriptors will be directed to the Department EEO Investigator. Complaints of personnel employment practices will be directed to the Human Resources Director. Effective Date: 10/05/05 Page 1 of 2 EEO Complaints & Investigations 1. Section 5.040 Each of these people respectively will serve as contact persons for all agencies, such as the Equal Employment Opportunity Commission, the Washington State Human Rights Commission, or the Seattle Human Rights Department. B. All respective misconduct records or complaints and their resolutions will be maintained by the Department EEO Investigator in the unit files of the Office of Professional AccountabilityInvestigations Section. C. Complaints emanating from sources not related to Title VI or VII of the Civil Rights Act of 1964 and related legislation will be referred through appropriate channels within the Department other than the Department EEO Investigator. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 5.050 Chapter: 5 - Employee Conduct 050 –Employee Involvement Committees & JLMC REFERENCE SPOG Contract PURPOSE The City and the Guild have jointly created the Joint Labor Management Committee (JLMC). The JLMC is compromised of representatives from the Seattle Police Department, a representative from the City Labor Relations and a representative from the Guild. The main purpose behind the JLMC is to attempt to address workplace issues in a mutually agreeable fashion before they rise to the level of a grievance. The JLMC also is the committee responsible for approving and overseeing Employee Involvement Committees. I. Employee Involvement Committees A. These committees are formed with the joint agreement of labor and management to address specific workplace issues. Employees participate in creative problem solving groups to address agency concerns with an emphasis on productivity, efficiency, and customer service. B. Employee Involvement Committees: C. D. 1. EIC are preapproved by the JLMC. 2. When deciding if an EIC should be formed it is important to focus on the desired result. The result should be something that is advantageous to both employees and the Department. The goals would be increased customer satisfaction, improved turnaround or response times, better quality of service or efficiency. Results should be cost neutral. 3. An EIC is made up of employees, supervisors and if appropriate, a manager. 4. EICs include people closest to the problem, who work together cooperatively to reach creative solutions. 5. The EIC may discuss working hours and working conditions. 6. Members of the EIC may receive training in problem solving and group dynamics. If an employee has a proposal for an EIC, certain steps should be followed: 1. The employee can ask other coworkers if they have similar concerns. 2. Submit a proposal, in memo form, to either the Guild or the Deputy Chief of Administration. Include a copy of the EIC Charter that has been filled out. 3. The JMLC will then determine if the charter is approved. 4. If it is approved it will be sent to a citywide EIC Coordinator. A facilitator will be assigned and training schedule will be established. 5. After training, the EIC participants will start working on resolving the workplace issues that are addressed in the charter. All proposals for alternative shifts must be handled through the EIC process. Effective Date: 08/12/04 Page 1 of 2 Employee Involvement Committees & JLMC II. Section 5.050 Employee Involvement Committee Charter 1. EIC Name 2. Department(s) 3. Expected results (“charge”) 4. EIC members and their union affiliations (if any) 5. EIC facilitator (assigned once EIC approved) 6. Executive sponsor(s) 7. Resource/support staff 8. Expected date of intermediate report to Labor- Management Committee * 9. Expected date of final report * 10. Labor-Management Committee(s) approving charter 11. Date(s) of charter approval * May change during the course of the EIC’s work; changes must be approved by both the EIC and Labor Management Committee(s). Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 5.060 Chapter: 5 - Employee Conduct 060 - Employee Political Activity REFERENCES RCW 29.27.060, RCW 42.17.130 SMC 2.04, SMC 4.16 Seattle City Charter Article IV, and Article XX POLICY Seattle Police Department Employees have the same political freedoms as all other citizens. But because of their City jobs, State and City laws may restrict some political activity. Employees shall be familiar with the City’s Code of Ethics (SMC 4.16) and Elections Code (SMC 2.04). I. Permitted Campaign Activity A. II. State law, RCW 41.06.250, provides that employees have the right to: 1. Vote, 2. Express opinions on all political subjects and candidates, 3. Hold any political party office, 4. Participate in the management of a partisan, political campaign, 5. Participate fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and 6. Participate fully in campaigns for nonpartisan offices. Prohibited Campaign Activity A. The exercise of those rights, however, are subject to the provisions of State law, (RCW 42.17.130), and the Seattle Municipal Code, SMC 2.04.300, which prohibit the use of City facilities for political purposes. The Seattle Code of Ethics (SMC 4.16.070(2)(a) and (b) prohibits the use of a City position for private benefit, and the use of City funds and facilities for other than a City purpose. SMC 2.04.300 and SMC 4.16.070(2)(a) and (b) prohibit City officers and employees from: 1. Engaging in campaign work (volunteer or paid) during City paid time, except vacation time, 2. Using office space, telephones, stationary, etc., at any time, to assist a candidate or to support or oppose a ballot measure; and 3. Effective Date: 7/13/04 a. For example, signs, bumper stickers, photos, invitations to fund raisers, position papers, etc., may not be displayed on City bulletin boards, walls of City work areas, or City vehicles b. City officers and employees may not solicit campaign funds (verbally or with literature) or petition for signatures on City property, at any time. Using their City position to endorse or oppose a candidate or ballot issue. Page 1 of 3 Section 5.060 Employee Political Activity a. III. For example, a City employee may give an endorsement speech to a local service club, as long as the employee clearly states that this is the employee’s personal position and not a City position. (1) The exception to this rule, however, is that an elected official may be listed, with their office title, on campaign literature or in the voter’s pamphlet as an endorser or a member of an advisory committee. (2) Likewise, the City Council may take official actions (motions, resolutions, or ordinances) that endorse or oppose candidates or ballot issues. Ballot Issues A. The law only applies to ballot issues, not issues of interest. An issue of interest does not become a ballot issue, under law, until some paperwork is in progress to perfect certification. 1. State ballot issues a. 2. 3. Certification is begun when a proposed ballot title is submitted to the Secretary of State. County-wide ballot issues a. Certification is begun when a ballot is submitted to the County Auditor. b. See RCW 29.27.060. City ballot issues a. The first step for certifying a City ballot issue is either: (1) Collection of signatures for a citizen-initiated initiative, referendum, or Charter amendment, or (2) Passage of a Council resolution for a levy election or Council initiated Charter amendment. (a) b. IV. City facilities include supplies, equipment, property, and City paid time, except vacation and holiday time. Prohibited Uses A. The Elections Code prohibits City employees and appointed and elected officials (except as provided in the exceptions below) from using City facilities to campaign for or against a ballot issue. 1. VI. Management may restrict the use of City time and facilities to disseminate information about an issue of interest, but the law prohibits such activity when it involves a ballot issue, as discussed below. City Facilities A. V. See Seattle City Charter Article IV, and Article XX (1992). Even a City agency that was established to promote or oppose the subject of a ballot issue may not use City funds to promote or oppose a ballot issue (including soliciting money or signatures for the ballot issue), unless there is expressed authority in the agency’s enabling ordinance to use City funds to promote or oppose ballot issues. Permitted Activities A. Page 2 of 3 Ballot Issue Campaigns - Use of Personal Time and Facilities Section 5.060 Employee Political Activity 1. City employees, appointed and elected officials may use their own personal time and private facilities (not the City’s) to conduct activity in support of or in opposition to a ballot issue. When a City employee expresses an opinion about a ballot issue, however, the employee may not use City position as part of the argument for or against the issue. a. B. Providing Information on Request 1. C. That is the normal and regular conduct of the department, and b. The discussion includes both the proponent’s and opponent’s views of the issue. City officers and employees of departments that are authorized to promote an issue may not use City facilities to do so once the issue is a ballot issue, unless the department’s enabling ordinance expressly authorizes the use of City resources to promote or oppose ballot issues. City facilities that are available to the public for use may be used by proponents or opponents of ballot issues, provided that both have equal access to the use of those facilities. Normal and Regular Conduct of Elected Officials / Statements 1. G. a. Equal Access to Public Facilities 1. F. City facilities may be used to discuss a ballot issue in a newsletter or other printed or broadcast matter if: Departments Authorized to Promote Issues 1. E. An employee or official may use City facilities to provide information, on request, about the subject of a ballot issue if the normal and regular conduct of the agency is to provide such information and if the information is presented without comment. Unbiased Information in the Course of City Business 1. D. For example, when giving a speech about a ballot issued, employees must make it clear that the opinions expressed are their own and not those of the City. City elected officials may use City facilities to make statements in support of or in opposition to ballot issues as long as such statements are made in either: a. An open press conference, or b. In response to a specific request. Normal and Regular Conduct of Elected Legislator’s Motions / Resolutions 1. City Council members may adopt resolutions or motions in support of or in opposition to a ballot issue. Other City officers, elected or appointed officials may not adopt such resolutions. VII. Additional Resources A. The City of Seattle Ethics and Elections Commission is available for assistance if you have questions or concerns concerning permitted or prohibited employee political activity. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 5.080 Chapter: 5 - Employee Conduct 080 - Harassment in the Workplace REFERENCES CALEA standards 26.1.3, 31.2.3. POLICY The Seattle Police Department shall provide a work environment for its employees that respects the diversity of our community, which is free from discrimination and harassment, and promotes equal employment opportunity and equitable treatment for all department employees. Harassment because of a person’s race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status, or political ideology, or that of their relatives, friends, or associates is employment discrimination. Such harassment violates either City, State, or Federal laws. The Department will not tolerate any form of harassment. The Department’s intent is to take positive action to prevent the occurrence of harassment in the workplace. The Department encourages employees to come forward with their concerns and complaints about prohibited workplace harassment. The Department will take immediate action to resolve complaints about prohibited harassment. Retaliation against any individual for making a complaint of harassment or cooperating in a harassment investigation shall not be permitted. Any person engaging in prohibited harassment or retaliation will be subject to appropriate disciplinary action up to and including discharge. I. Definitions A. B. C. Harassment: Verbal or physical conduct toward an individual because of their race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status, or political ideology, or that of their relatives, friends, or associates, that: 1. Has the purpose or effect of creating a hostile, intimidating, or offensive work environment, 2. Has the purpose or effect of unreasonably interfering with an individual’s work performance, or 3. Otherwise adversely affects an individual’s employment opportunities. Harassment also includes sexual harassment, which is defined as unwelcome advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, 2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or of creating an intimidating, hostile, or offensive work environment. Harassing conduct includes, but is not limited to: 1. Effective Date: 5/19/04 Epithets, slurs, negative stereotyping including that of language or accents; threatening, intimidating, or hostile acts that relate to race, color, religion, creed, sex, sexual Page 1 of 4 Harassment in the Workplace Section 5.080 orientation, national origin, ancestry, age, disability, marital status, or political ideology, and 2. II. Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, creed, color, religion, sex, ancestry, sexual orientation, national origin, age, disability, marital status, or political ideology, and that is placed on walls, bulletin boards, electronic bulletin boards, e-mail or elsewhere on the employer’s premises, or circulated in the workplace. D. Sexual harassment also includes but is not limited to: sexual comments, innuendoes, displays or jokes; unwelcome invitations to sexual activity; unwelcome touches, pinches, or hugs; pressure to engage in sexual activity as a condition of employment or promotion; and sexual assault. E. Sexual Harassment Complaint: An oral or written complaint alleging an incident or a set or series of actions as defined above, made by an employee to a supervisor or a management representative, or information obtained by any supervisor or management representative indicating the possible existence of harassment in the workplace. F. Management Employee: Sworn employees from the rank of sergeant or above, and civilian employees who are responsible for managing, directing, or administering the affairs of a unit. This includes employees assigned on a temporary, acting, or out-of-class basis to any management position. G. Retaliation: Punitive actions taken against an employee because they have complained about harassment, given a statement about harassment, or otherwise supported a harassment complaint. Retaliation may potentially include: transfers or discharges; changes in job duties, assignments, privileges, or performance evaluations; laughing at, ignoring, or failing to take seriously an employee who experiences harassment; acting in ways that blame the victim of harassment for causing the problem; continuing or escalating harassing behavior after a coworker has objected to that behavior. Responsibilities A. B Page 2 of 4 EEO Officer 1. Monitor all Department procedures regarding harassment, to investigate all complaints of sexual harassment within the Department, including those complaints of sexual harassment which involve possible criminal behavior by the accused employee, and to furnish written recommendations for resolving sexual harassment complaints. 2. The EEO Officer reports to the Commander of the Internal Investigations Section. The Commander of Internal Investigations is responsible for the administration and maintenance of all procedures and deciding which recommended course of action to take in resolving a harassment complaint. Supervisors and Managers 1. Immediately initiate an inquiry when there is indication that harassment may be occurring. Any action taken in resolving an incident shall be reported immediately to the Department EEO Officer or the Commander of the Internal Investigations Section. The Department has an affirmative obligation to investigate the existence of harassment in the workplace whenever it becomes aware of the possibility that harassment might be occurring. Because of this obligation, if a management representative, including an EEO Officer, becomes aware of the possibility of harassment in the workplace, they are obligated to initiate a formal investigation of the situation. 2. The chain of command of the employee who has been accused of harassment shall be responsible for providing assistance and cooperation to the EEO Officer whenever necessary during the course of an investigation. In addition, the chain of command shall Harassment in the Workplace Section 5.080 be responsible for reviewing alleged incident(s) of harassment and for submitting recommendations for personnel action, including disciplinary action. III. Complaint Procedures A. The employee should promptly file a complaint with their immediate supervisor or management representative. If the employee has a complaint against their supervisor, or if the employee is uncomfortable discussing the complaint with their supervisor, the employee may contact the supervisor’s supervisor, Department EEO Officer, Commander of the Internal Investigations Section, or other management employee, who shall immediately notify the Department EEO Officer of the complaint. B. The employee’s complaint of harassment may be oral or written and should include, when available, the following information: date(s) incident(s) occurred, names of individuals involved, names of witnesses, and a description of the incident(s). It may also include a statement of the desired remedy. C. Employees may, at any time, seek redress from an enforcement agency (Seattle Human Rights Commission or the Equal Employment Opportunity Commission) or through a court of law. Administrative agencies have established a time limit of 180 days from the date of the last harassment incident for filing complaints. D. The EEO Officer shall immediately initiate an investigation of the complaint and, where applicable, assess the need to recommend removal of the parties from the same work environment. The alleged harasser shall be notified by the EEO Officer that a harassment complaint has been filed naming them and that it will be investigated. During the investigation process, the EEO Officer will ensure compliance with any right to union representation of individuals, including the alleged harasser, who may be disciplined based upon their statements in the investigation. All parties to an investigation shall be advised by the EEO Officer that retaliation by anyone for filing a harassment complaint, or for testifying or assisting in an investigation violates City, State, and Federal laws and shall not be tolerated. E. The investigation shall be completed no later than ninety (90) days from the receipt of the complaint or from the time that responsible supervisors / EEO Officer became aware that harassment may be occurring. The time limit for completing an investigation may be extended upon making a determination that additional time is necessary for a full and complete investigation of the complaint. Should the time limit be extended, the accused will be immediately notified in writing with a courtesy copy sent to the complaining employee. Accurate and detailed records of the investigation shall be maintained by the EEO Officer. A written summary of the allegations, and findings of the investigation shall be provided to the complainant and to the alleged harasser. F. The imposition of discipline for harassment shall be in accordance with applicable personnel ordinances and rules, labor agreements, and Department policy. Before making a final decision regarding disciplinary action, the Commander of the Internal Investigations Section or the Chief of Police shall ensure that the alleged harasser has been given the opportunity to review the results of the investigation, has been told of the evidence obtained, and has had an opportunity to provide their response to the allegations. The Commander of the Internal Investigations Section and the Chief of Police shall take into consideration the response given by the alleged harasser. G. Confidentiality of a harassment complaint shall be maintained by supervisors/ managers to the extent that it does not hinder the investigation or resolution of the complaint and is permitted under law. H. Nothing in this procedure shall prevent any employee from informally discussing issues of harassment with non-supervisory staff in the Office of Women’s Rights or the Affirmative Action Unit of City Personnel. Page 3 of 4 Harassment in the Workplace Section 5.080 I. All external complaints of harassment shall be directed to the Department EEO Officer, who shall serve as the contact point for all agencies, such as the Equal Employment Opportunity Commission, the City Department of Human Rights, or the Washington State Human Rights Commission. J. All records of complaints and their resolution shall be maintained by the Department EEO Officer in the Internal Investigations Section. If the complaint is determined to be unfounded, exonerated, or not sustained, the record of the complaint shall be expunged after three (3) years plus the year of the complaint. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 5.090 Chapter: 5 - Employee Conduct 090 – Operations Bureau General Personnel Matters I. Duty Hours A. Watch Hours 1. 2. 3. B. First Watch a. Early Squads: 0300 hrs.-to-1200 hrs. b. Late Squads: 0330 hrs.-to-1230 hrs. Second Watch a. Early Squads: 1100 hrs.-to-2000 hrs. b. Late Squads: 1130 hrs.-to-2030 hrs. Third Watch a. Early Squads: 1900 hrs.-to-0400 hrs. b. Late Squads 1930 hrs.-to-0430 hrs. Specialty Unit Hours 1. Anti-Crime Teams a. 2. Community Police Team a. 3. 4. 6. 1000 hrs.-to-1800 hrs. Special Patrol Unit a. Day Shift: 1000hrs.-to-1800 hrs. b. Night Shift: 1900 hrs.-to-0300 hrs. Special Deployment a. 5. 1900 hrs.-to-0300 hrs. 0800 hrs.-to-1600 hrs. Seattle Center Detail a. Day Shift: 0930 hrs.-to-1800 hrs. b. Night Shift: 1730 hrs.-to-0130 hrs. Traffic Unit a. #1 Motorcycles 0700 hrs.-to-1500 hrs. b. #2 Motorcycles 1000 hrs.-to-1800 hrs. c. AM Cars 0630 hrs.-to-1430 hrs. d. PM Cars 1300 hrs.-to-2100 hrs. e. DUI Squad Effective Date: 8/18/03 2000 hrs.-to-0400 hrs. Page 1 of 5 Operations Bureau General Personnel Matters 7. 8. Canine Unit a. Narcotics Dog: b. #1: 2000 hrs.-to-0300 hrs. c. #2: 2100 hrs._to-0400 hrs. d. #3: 2200 hrs.-to-0500 hrs. 1600 hrs.-to-2300 hrs. Mounted Unit a. 9. Section 5.090 1000 hrs.-to-1800 hrs. Harbor Patrol a. Day Shift: 0700 hrs.-to-1500 hrs. b. Swing Shift: 1500 hrs.-to-2300 hrs. c. Night Shift: 2300 hrs.-to-0700 hrs. 10. Parking Enforcement Unit a. #1: 0630 hrs.-to-1500 hrs. b. #2: 0800 hrs.-to-1630 hrs. c. #3: 0900 hrs.-to-1730 hrs. d. #4: 0945 hrs.-to-1815 hrs. e. #5: 1430 hrs.-to-2300 hrs. EXCEPTION: Modification to these hours may be made by a Captain upon approval from the Operations Bureau Commander. C. Responsibilities 1. Watch Commanders will report to duty at least thirty minutes prior to the first roll call of their watch. 2. Sector Sergeants will report for duty fifteen minutes prior to the start of their roll call. 3. Officers will report for duty, fully equipped and prepared, at the start of their watch. NOTE: Officers not arriving on time or in the proper uniform will be subject to corrective action, unless excused. 4. Station personnel will report for duty as ordered by the Precinct Commander. 5. Other personnel will report for duty as directed by the appropriate commander. 6. Officers who cannot report for duty at their assigned time will 7. 8. a. Contact their supervisor before the start of the watch. b. Explain the situation; and c. Provide an estimated time of arrival. Shift change will occur as near as possible to the above times. If this is not possible a. The Sector Sergeant will notify radio. b. Explain why the on-coming watch cannot relieve the previous watch. Officers shall remain on duty for the entire assigned watch unless excused by a supervisor. II. Roll Call Responsibilities Page 2 of 5 Operations Bureau General Personnel Matters Section 5.090 A. Patrol Officer B. 1. Watch start hours are also roll call start hours. 2. Take notes during roll call. Sergeants 1. 2. Record those officers not present when their names are called. a. Place the word "late" on the roll call sheet. b. Mark officers reporting to roll call out of uniform "late" on the roll call sheet. Obtain and document explanations for tardiness . a. C. Forward explanations to the Watch Commander. 3. Provide information on criminal activity. 4. Conduct formal roll call training no less than monthly. This training should utilize one of the SROVT bulletins or video magazine installments, and must be documented on the Staff Distribution report. Lieutenant 1. Conduct roll call during formal inspections. 2. Address roll calls as needed. 3. Verify SROVT bulletins are presented to personnel. III. Inspections 1. The supervisor will assemble the watch. a. Give command of "At close interval, fall in." b. Determine the number of ranks needed. (1) Space ranks six feet apart, if possible. 2. c. Plainclothes officers should be separate on the left end of the formation. d. Supervisors should be separate on the right end of the formation. Once the ranks are assembled, the supervisor will: a. Give the command "At close interval, dress right dress." b. Officers: (1) Place the heel of the left hand on the left hip at the belt line; and (2) Extend the left elbow out to the left and (3) Look to the right to help dress the line of officers. c. Check the dress and cover of the formation. d. Return to the position of attention. (1) Give the command "Officers Ready, front." (2) Bring your hand smartly down the trouser seam, and re-cup your fingers. Turn your eyes to the front. 3. Place the ranks at ease. a. Keep the right foot in place while at ease Page 3 of 5 Operations Bureau General Personnel Matters 4. Call the watch to attention when the inspecting officer enters the room. 5. The supervisor will face the inspecting officer. a. Render a hand salute and say, “The watch is ready for inspection." b. The inspecting officer will return the salute; this begins the inspection. 6. Follow the inspecting officer through the ranks. 7. Place the ranks not being inspected "At ease." a. Call the rank to” Attention" as the inspecting officer approaches b. Place the rank just inspected "At ease." 8. On completion of the inspection, call the ranks to attention. 9. The inspecting officer may address or dismiss the watch. a. The ranks may be placed "At ease," if addressed. b. Call the watch to "Attention" on completion of the inspecting officer's address. Section 5.090 10. The supervisor will exchange salutes with the inspecting officer. 11. The inspector commanding officer will issue the command to dismiss the watch. 12. Dismiss the watch. a. Give the command of "Fall out" after the inspecting officer has left the area. IV. Assignments A. Staffing Assignments 1. 2. On-duty strength requirements will vary from precinct to precinct. a. Requirements depend on the total resources available. b. Patrol deployment software defines the guidelines. c. The Operations Bureau Commander determines the minimum on-duty strength requirements. Distribution of personnel between precincts is determined by the Operations Bureau Commander. a. 3. The Precinct Commander distributes staffing resources among the three watches. a. 4. 5. B. Precinct Commanders will keep the Operations Bureau Commander informed on precinct staffing needs. The Operations Bureau Commander provides the staffing guidelines. The Watch Commander distributes resources among the sectors. a. The Precinct Commander provides the sector staffing guidelines. b. The Watch Commander will provide the beat staffing guidelines. The Sector Sergeant will distribute resources among the beats. Car Beat Assignments 1. Patrol deployment software is used to determine the number of various units needed. a. 2. Page 4 of 5 Adjustment of resources may be needed to meet staffing or operational needs. The Operations Bureau Commander determines the number of two- officer units in each sector. Operations Bureau General Personnel Matters a. 3. C. Section 5.090 The Watch Commander will ensure the number of allowed units is not exceeded without justification during routine operations, and report significant variations to the Precinct Commander. If the watch falls below minimum strength: a. Assign one-officer units to two officer beats; and b. The number of two-officer units will remain consistent with Patrol deployment software, unless operational priorities dictate otherwise. Foot and Bicycle Beat Assignments 1. The Operations Bureau Commander determines the number of foot/bicycle assignments. a. 2. Assignments are made as resources permit. Precinct Commanders may assign a combination car/foot or car/bicycle beat. D. Plainclothes Assignments 1. Watch Commanders may assign plainclothes units to resolve a specific problem. a. Assignments will normally be six days or less. b. Assignments longer then six days require approval from the Operations Bureau Commander. V. Transfer Requests A. Within Operations Bureau 1. Submit a memo to your supervisor. a. 2. The individual's chain of command indicates approval or disapproval. Forward memorandum to the requested precinct. a. The receiving chain of command indicates approval or disapproval. 3. All transfers are determined by the needs of the Operations Bureau. 4. The Operations Bureau Commander will make the final decision regarding transfers. Page 5 of 5 Seattle Police Department Section Policies and Procedures Title: 5.100 Chapter: 5 - Employee Conduct 100 – Operations Bureau Individual Responsibilities I. Patrol Officers A. Responsibilities 1. Remain in your area (district/beat) as much as possible, unless: a. Dispatched by radio. b. In pursuit. c. Responding to a major police incident. d. Given permission by supervisor. 2. Monitor and take appropriate action regarding criminal activity in assigned area. 3. Complete reports accurately. 4. a. Enter serial number and court code. b. Submit for approval prior to the end of shift. Submit Patrol Unit Log (form 7.19) or paperless log sheets indicating: a. Dispatched calls. b. On-views. c. Description of incident and actions taken. d. MIR disposition. e. Times in and out of service. f. Other entries required on form. 5. Engage in high visibility directed patrol in areas assigned by supervisors. 6. Maintain close contact with the community. 7. Utilize creative problem solving techniques involving traditional and non-traditional police tactics. 8. Display the necessary interpersonal skills to work with: 9. a. Varied community groups comprised of diverse ethnic and cultural backgrounds. b. Various public and private agencies. Demonstrate consistent work habits which reflect a high standard of performance and initiative. 10. Remain professional at all times. B. Foot and Bicycle Beat Officers 1. Make numerous contacts with the public and merchants in assigned area. 2. Share responsibility for radio calls in assigned area. 3. Record all activities on a SPD log sheet. Effective Date: 8/19/03 Page 1 of 8 Operations Bureau Individual Responsibilities C. Section 5.100 Plainclothes Officers 1. Assigned by the Sergeant for specific details. 2. Document activity on the Patrol Unit Log. D. Appearance 1. Officers will wear the proper and complete uniform. a. Attach and secure all uniform accessories. b. Maintain and clean the uniform. (1) Replace the uniform as soon as it becomes worn, torn, or damaged. 2. E. Lunch and Coffee Breaks 1. F. Officers will ensure they are properly attired and groomed. No more than two marked cars (excluding supervisor vehicles), with a maximum of four officers and one Sergeant, may be at one location during a break. Community Meetings 1. 2. Officers will attend community meetings when requested, if possible. a. Ensure supervisor knows the time and location of meeting. b. Officers assigned to the area the meeting is held in will attend as the department's representatives, if possible. If no one can attend, the requester will be contacted and informed of the circumstances II. Duty Officer A. Responsibilities 1. Perform the general office duties required during the watch. 2. Respond to both in-person and telephone inquiries. a. Telephone courtesy. (1). Answer the phone by stating: (a) Seattle Police Department. (b) Precinct. (c) Officer's name. (d). Offer of assistance. EXAMPLE: "Seattle Police Department, North Precinct, Officer Cowdrey speaking. How may I assist you?" b. Answer the phone as soon as possible. c. If you need to answer another line ask the caller to hold and explain any delay. d. Contact a supervisor if assistance is needed. OPTION: Consider taking a call-back number and return the call at a later time. 3. Page 2 of 8 Take in-person complaints a. Complete necessary reports. b. Take other appropriate actions, as required. Operations Bureau Individual Responsibilities c. Section 5.100 Employee Complaints. (1) Refer to a Sergeant. (2) If a Sergeant is not available: (a) Take complainant's name and phone number, and (b) Notify a Sergeant for call-back. 4. Notify the Communications Section of staffing deployment. a. Call 911 so the primary operator can take the information. b. Routine Service: (1) Take report over the phone or from in-person complainant. (2) Call 911 for an officer to be dispatched if evidence collection is necessary. 5. Each precinct will make daily mail deliveries to the Public Safety Building Data Distribution Center. Data Center is open twenty-four hours a day seven days a week. a. Copy and distribute reports. b. Sort and route citations. c. Delivery times: (1) 1st Watch before 0530 d. (2) 2nd Watch before 1430 (3) 3rd Watch before 2230 Deliver: (1) Mail. (2) Subpoenas. (3) Reports. (4) Citations. 6. Inspect the precinct facility hourly after normal business hours. a. Trespass. (1) Public areas of the precinct are open at all times. (2) Trespass warnings or arrests should be made only under the most aggravated of circumstances. (3) Alternatives to arrest may include: (a) CSO contact. (b) ESD wagon. (c) Taxi. 7. Perform other duties assigned by supervisors. 8. Handling of fax messages. a. Determine correct destinations and time sensitive concerns. b. Place fax in: (1) Officer's box; or Page 3 of 8 Operations Bureau Individual Responsibilities Section 5.100 (2) Watch board. 9. c. Phone officers if time sensitive. d. Make copies if fax concerns more than one officer. e. Encourage other agencies to use fax messages. Present a professional appearance. a. Wear the Operations Bureau uniform of the day including a Department approved sidearm. EXCEPTION: The watch Commander may waive wearing the gun belt, and light duty limitations may preclude wearing some or all of a standard uniform. III. Patrol Sergeant A. Responsibilities 1. B. Direct supervision of police officers, including: a. Coordination of response to criminal trends identified by district officers. b. Identifying and providing squad and individual training. c. Direct supervision at any incident involving multiple units. d. Personal screening of prisoners and arrests. e. Interviewing of injured suspects. f. Approval of police reports and log sheets. g. Check holding rooms at the start and throughout the shift. h. Monthly inspection of issued demonstration management gear to verify that each officer has the proper gear and that it is in good condition. Document the inspection on the daily watch sheet. Field Supervision 1. Ensure officers comply with the following: a. Log into service as soon as possible. b. Manage their time appropriately. (1) Calls for service. (2) On-views. (3) Details. c. Remain in service, in assigned area, until fifteen minutes prior to the end of the shift. 2. Monitor assigned frequencies. 3. Remain in the field for a majority of the shift. a. 4. Advise radio when leaving or returning to your sector. Document prisoners placed in holding rooms. a. Note any apparent injuries to, or violent conduct by, prisoners using: (1) General Offense Report; and (2) Use of Force Statement; and (3) Hazard Report (form 5.38) if appropriate. Page 4 of 8 Operations Bureau Individual Responsibilities b. Section 5.100 Ensure the above paperwork is completed before the end of the shift. 5. Check the personal appearance of assigned officers and ensure officers’ equipment is in good condition. 6. Reports: a. Ensure accuracy and completeness. b. Check for the correct court code on paperwork. (1) Notify the Executive Assistant of the Operations Bureau by memorandum of any court code changes. C. Problem Solving 1. Responsible for overall problem solving. a. 2. Ensure officers are applying problem solving techniques. Encourage officers in their problem solving efforts by using the following methods. a. SARA model. b. Brainstorming sessions. c. Mediation techniques. d. Community meetings. e. Utilizing other resources. (1) City departments. (2) Social agencies. 3. Monitor call load activity and coordinate time for officers to use the above methods. IV. Watch Commanders Responsibilities: A. Duties B. C. 1. Responsible for the supervision, administration, and performance of assigned watch. 2. Reports directly to the Precinct Commander. 3. Perform delegated duties assigned from the Operations Bureau Commander, or the Precinct Commander. Responsibilities 1. Remain available by radio or telephone during the shift. 2. Provide direct supervision at any incident that is of a sensitive nature. 3. Screen all arrests involving an assault to an officer. 4. Inspect the watch. a. Personal appearance b. Department vehicles c. Holding rooms 5. Encourage officers in their problem solving efforts. 6. At least one Watch Commander with the permanent rank of Lieutenant will be on duty at all times. Additional Duties Page 5 of 8 Operations Bureau Individual Responsibilities 1. 2. 3. Section 5.100 1st Watch Commander (Facility and Vehicle Coordinator) a. Conduct weekly inspections of the precinct to ensure the precinct is properly maintained. b. Conduct monthly inspections of all precinct patrol vehicles to ensure proper maintenance. 2nd Watch Commander (Precinct Training Coordinator) a. Coordinate training for the precinct. b. Distribute SROVT c. Report monthly to precinct Captain on training and recommendations for additional training. 3rd Watch Commander (Community Liaison Coordinator) a. Serve as Community Liaison as directed by the Precinct Commander. V. Operations Lieutenant A. Responsibilities 1. Overall operation of the Anti-Crime Team and the Community Police Team include: a. Planning b. Coordinating c. Budgeting 2. Flexibility to commit the entire unit, or any part of it, immediately to address a community need. 3. Report directly to the Precinct Commander. 4. Maintain effective staffing deployment. 5. Attend community meetings, respond to questions, and obtain input and feedback on neighborhood problems. 6. Conduct unit meetings to discuss and seek input from unit personnel to identify the problem area, the problem, personnel assignments, their duties, and expected results. 7. Plan activities with other units and agencies working with the team in order to avoid duplication of effort. 8. Maintain routine contact with the Precinct Watch Commanders to ensure effective communication and coordination between the team and other patrol officers. VI. Precinct Commander A. Responsibilities 1. Overall management and performance of assigned precinct. 2. Oversight of all problem solving efforts of assigned precinct. 3. Reports directly to the Operations Bureau Commander. VII. Bureau Commander A. Responsibilities 1. Responsible for the overall management and performance of the Operations Bureau. 2. Reports directly to the Deputy Chief of Operations. VIII. Equipment and Facilities Coordinators (Stationmaster) A. Responsibilities Page 6 of 8 Operations Bureau Individual Responsibilities 1. 2. B. Responsible for the general maintenance and supply of a. Precinct facility b. Assigned vehicles c. Assigned equipment. Maintains a secured master file of assigned officers' addresses and phone numbers Vehicles 1. Inspect vehicles a. 2. Prepare slips for maintenance and damage repair Schedule vehicles for preventive maintenance. a. Transport vehicles to Haller Lake and/or Charles Street shops. b. Check with the shops about availability of units for return to service. 3. Maintain records of assigned vehicles, including damage files. 4. Make assignments of patrol vehicles to districts. a. 5. C. Section 5.100 Monitor mileage Request maintenance materials and related equipment through a. DAS. b. Charles Street Garage or Haller Lake Shop. 6. Test drive vehicles for maintenance monitoring purposes. 7. Order fuel and maintain records of fuel delivery and use. Equipment 1. Maintain portable radios, kevlar helmets, gas masks and laptops a. Inventory and check for external damage b. Notify the Watch Commander of any missing of damaged equipment. c. Maintain and check radio and laptop batteries d. Maintain repair of BO equipment c. Maintain equipment issued log 2. Order supplies and equipment 3. Maintain all records of equipment assigned to the precinct. a. Confirm with an annual inventory 4. Maintain shotguns. 5. Provide proper storage for police documents. a. Transport documents to be shredded to the Quartermaster b. Issue citation books 6. Maintain key boards and all precinct keys. 7. Issue lockers Page 7 of 8 Operations Bureau Individual Responsibilities 8. Section 5.100 Conduct monthly inspections of the precinct’s chemical agents supply. Verify that the munitions are current and accounted for. Document these inspections on a memorandum to the Precinct Commander. D. Trustee Supervision 1. Ensure transportation arrangements to and from the precinct. 2. Monitor telephone and visitor privileges. 3. Assign maintenance tasks a. Building and ground maintenance b. Handling supplies c. Minor servicing of police vehicles 4. Ensure compliance with jail rules 5. Do not permit private or personal tasks (i.e. washing or waxing personal vehicles). 6. Do not allow the driving of department vehicles. 7. Ensure they remain on precinct grounds unless given permission. NOTE: Must be accompanied by an officer or the stationmaster off of the precinct grounds. 8. Page 8 of 8 Handle requests for trustee assignments, other than routine vehicle service. Seattle Police Department Policies and Procedures Title:: Section 5.120 Chapter: : 5 - Employee Conduct 120 - Secondary Employment REFERENCES CALEA standards 22.3.3, 22.3.4. POLICY As a Seattle Police Officer and law enforcement professional, your primary obligation is to the Department and the public we serve. All secondary employment in a law enforcement capacity must comply with the provisions established in this section, and is subject to regulation and approval by the Department. Employees working offduty must adhere to all Department policies and procedures and are held to the same standards of conduct and performance as apply to on-duty work. I. Employee Eligibility For Secondary Employment A. Employees must be full time employees of the Seattle Police Department and in good standing with the Department including having completed all required training, certifications, and qualifications. B. Employees must have completed their civil service probationary period and must not currently be on probationary status or have been prohibited to work secondary employment. C. Eligibility, and any current secondary employment authorization, shall be automatically suspended when an employee commences sick leave, long term disability, military leave, limited duty, family medical leave (including maternity leave), release time for any reason, while on suspension, while on mandatory administrative reassignment due to an on-going OPA investigation, or while on the Mandatory Reporting Program for sick leave use. NOTE: Upon written request, permission to engage in off-duty employment while on extended Sick Leave may be granted upon a doctor’s medical recommendation to the Director of Human Resources and upon approval from the Chief of Police. Permission shall be granted, in writing, prior to an employee engaging in each such employment activity. D. II. Seattle Police Reserve officers are permitted to work secondary employment if the following conditions are met: 1. Work is at the Seattle Center, Safeco Field, or Qwest Field 2. The reserve officer is paired with a regular sworn officer, and 3. The work is under the supervision of a sworn supervisor, and 4. The work has been approved by the Patrol Operations Bureau. Responsibilities A. Each employee is responsible for seeking approval of and accurately reporting all off-duty and secondary employment, including business activities, through their immediate chain of command to their precinct or section commander. B. Supervisors and commanders reviewing and approving secondary employment permits must ensure that the secondary employment is consistent with this manual provision. Approval of a permit that violates this section may be grounds for discipline. Supervisors and commanders will Effective Date: 5/4/06 Page 1 of 6 Secondary Employment Section 5.120 ensure that permits are forwarded to the next reviewer or to Personnel Services in a timely manner. III. C. The Personnel Services Section shall maintain a file of all Secondary Employment Permits (form 1.30). D. The West Precinct Commander shall be responsible for scheduling off-duty employment of police officers at Seattle Center, including record keeping, in compliance with current Department policy. Positions shall be filled from an approved eligibility roster. E. Each employee working in a traffic control capacity shall be responsible for wearing the following safety equipment: 1. A Department approved safety vest, or the reversible raincoat described in DP&P Uniform Clothing and Accessories, worn with the international orange side out. 2. Hard hats while working any off-duty job where overhead hazards exist. Hard hats shall conform to standards of the Washington Industrial Safety and Health Act. F. Officers are expected to take appropriate law enforcement action whether on-duty or off-duty. Officers are responsible for prisoner processing, investigatory paperwork, and reports required by Department policy. Officers will provide assistance to on-duty officers whenever it is appropriate. An on-duty supervisor must approve all reports. G. All employees working off-duty or secondary employment must be equipped with their portable radio and shall log in with radio at the beginning of their shift giving their appropriate “Victor” call sign, the address and business name of the event or job that they are working, the hours that they are working the job and must indicate if they are working in uniform or plain clothes. Employees will log off at the end of their shift. H. Watch commanders and sector supervisors shall periodically inspect secondary employment locations that are active during their shift hours in their area of responsibility. If a deficiency or deviation from policy is observed, the commander or supervisor will work to immediately correct the problem and may relieve the employee from the assignment if appropriate. The deviation or deficiency, as well as the action taken to correct the problem, will be documented in writing in a memo by the supervisor or watch commander and forwarded via the chain of command to the bureau chief responsible for the area in which the event or job was occurring. I. Employees shall not solicit off-duty work while on duty or at anytime, in any manner, that would lead a reasonable person to believe that the regular provision of police services to their business or person may be affected. J. Employees shall not disclose any confidential information obtained in an official capacity to any off-duty employer. K. Employees shall not use on-duty time to conduct investigations or take other law enforcement action of behalf of their off-duty employer. Matters requiring further follow-up may be referred to a supervisor for assignment or to the appropriate follow-up unit. Time and Compensation A. Employees must not exceed 64 hours of work per week when secondary employment and regular work hours are combined. Employees working a Department approved full-time alternative schedule are considered to be on a 40-hour week. B. Officers working off duty in uniform, or who exercise police authority while off duty for a private employer, are to be compensated at a minimum rate of pay equal to the top step of Police Officer or the top step of Police Sergeant. The total compensation in meeting these rates may be comprised of pay and other benefits, such as food. Page 2 of 6 Secondary Employment 5.120 C. Compensation for officers who are working off duty for a private employer in a non-law enforcement capacity or are self-employed is not regulated, however it shall comply with all applicable laws governing such employment. D. Compensation for law enforcement activity resulting from secondary employment in a law enforcement capacity is as follows: 1. If an off-duty officer engages in self-initiated law enforcement activity arising out of and within the scope of his or her secondary employment, the officer will be paid by the offduty employer until the end of the off-duty shift and will not be paid by the City. 2. Under the following circumstances, an officer working off-duty will be paid hour-forhour overtime by the City for the actual time spent performing a necessary law enforcement action upon approval by an on-duty supervisor prior to or as soon as practical after the law enforcement action is initiated: 3. IV. Section a. The officer is required by Department policy to take law enforcement action and doing so prevents the officer from performing their off-duty job; or b. The officer is continuing to perform law enforcement activity that was selfinitiated, as in Paragraph 1 above, after the end of their off-duty shift. c. An officer working off-duty will be entitled to call back pay if the officer is required by an on-duty supervisor to address a public safety emergency or to process an arrest, book a suspect, etc., and the duty will not permit the officer to return to his or her secondary employment before the off-duty shift has ended. If the officer is called to duty by the Department and able to return to his or her secondary employment, the officer shall be compensated by the City at the rate of time and a half for the actual time worked performing the Department duty. With the exception of court overtime, an officer will not accept payment from an off-duty employer for the same time that is paid for by the City. Secondary Employment Permits A. Prior to engaging in any off-duty employment or business activity, employees shall submit, through their immediate chain of command, a completed Secondary Employment Permit (form 1.30) for tentative approval. Applications which contain only vague, general descriptions such as “various security” will be denied. Specific employer or business firm name(s) must be identified on the Secondary Employment Permit application. The street address where you will be working must also be included on the application. With the exception noted below, no work is authorized until it has been approved, in writing, by the employee’s precinct or section commander and the precinct commander in which the work is to be performed. B. In cases where insufficient time exists to fully process a Secondary Employment Permit, a supervisor from the employee’s Section or Bureau may authorize employment for a duration of less than 4 days. 1. 2. The employee shall complete a Secondary Employment Permit and: a. Under “Hours of Employment” indicate the hours and the inclusive employment dates, and b. Mark the box at the top of the Secondary Employment Permit specifying “Permit for Secondary Employment less than 4 days.” c. Contact a supervisor (directly or by phone) and request approval. The sergeant or supervisor shall then recommend approval or denial of the permit. If approved, the sergeant or supervisor shall give the employee a copy of the permit that they signed (for employment of less than 4 days only) and forward the original through the chain of command to the Personnel Services Section. Page 3 of 6 Secondary Employment Section a. 5.120 If verbal approval was granted, the employee will print the name of the approving supervisor in the signature block and obtain written confirmation within 24 hours and attach it to the permit. C. Completed Secondary Employment Permit requests which have been recommended for approval by the employee’s chain of command shall be forwarded to the section or precinct commander for approval. If the work is to be performed in another precinct, the permit should be forwarded to that precinct commander for final approval. D. Upon final approval, copies of the permit shall be forwarded to the affected precinct commander(s) for retention in the precinct files, and to the employee. The original should be forwarded to the Personnel Services Section. E. The issuance of a permit authorizes only the work, location, and conditions specifically shown on the permit. F. All Secondary Employment Permits are valid for one year, expiring on the employee’s date of hire. If a continuation of employment is desired, the employee is required to submit a new Secondary Employment Permit. 1. Under no circumstances shall a Secondary Employment Permit be valid for more than 365 days. 2. Employees are responsible for ensuring that their permit is renewed annually and is current. G. Any record of above average days off for sickness, poor work record, low time balance, significant complaint history or discipline, may result in denial or revocation of a Secondary Employment Permit. Permits may also be denied or revoked in when it is determined that doing so would be in the best interest of the Department. V. Prohibited Employment A. To maintain the integrity of the Department and its employees, the Department prohibits its employees from participating in secondary employment having a potential for conflicts of interest, the appearance of conflict of interest, or that would tend to lower the dignity of the profession. Therefore, employees are prohibited from: 1. Performing tasks other than those of a law enforcement nature while in police uniform, 2. Participating in professional sporting events where there is a substantial risk of serious injury, without prior written approval of the employee’s Bureau Commander, 3. Repossessing or towing vehicles, acting as a process server or bill collector, or in any other employment in which police authority might tend to be used to collect money, merchandise, etc., for private purposes of a civil nature, 4. Employment which requires access to police information (files, records, or services) as a condition for employment; except where specific approval for such use has been authorized by the Bureau Commander having control over such information, 5. Employment which results in other qualified persons being deprived of “rightful” employment and which results in a justified complaint. The Department will be the sole judge in these matters, 6. Employment which assists in the case preparation for the defense in any criminal action or proceeding, 7. Employment directly for or on behalf of establishments that sell or dispense intoxicating beverages. a. Page 4 of 6 The Chief of Police, or his/her designee, may grant an exception to this prohibition and authorize the issuance of secondary work permits if the employer Secondary Employment Section 5.120 is a business association that has received specific authorization from the Department to hire off-duty officers. Under no circumstances will authorization be granted for a direct employer/employee relationship between nightclubs and officers. b. The precinct or section commander and the precinct commander where the work is to be performed may grant an exception to this prohibition and authorize the issuance of secondary work permits under the following conditions: i. a. 8. 9. 10. 11. The employer’s main activity is not the sale or consumption of alcohol (athletic events, hotel operation, etc.); or ii. The employer is the State of Washington and the state-operated facility where the work is to be performed allows the sale but not the on-premises consumption of alcoholic beverages. Employment at events of a single day or night in duration which are required to be licensed or are expressly exempted from licensing under SMC 6.295.050 (All-Ages Dance ordinance) is allowed only when the following circumstances have been met: a. The event is properly licensed pursuant to the ordinance or is expressly exempt from the licensing requirement. b. The employee(s) requesting authorization for secondary employment at the event have applied for their secondary employment permits at least four days prior to the date of the event. c. The secondary employment permits are fully reviewed and receive final approval as per section III.A. of this policy. d. Short notice or verbal authorization for secondary employment at events that are covered by this section may only be made by the commander, or his/her designee, of the precinct in which the event is occurring. Owning, operating, managing, or having a financial interest in: a. A business providing security services where the employee utilizes their color of office, position of employment, or access to Department information, files, records, or services for private or business gain. b. A private investigation business. Performing police functions in uniform for a private employer beyond the jurisdiction of the corporate limits of the City, without prior written approval of the outside police agency having jurisdiction. a. A copy of written approval from the outside police agency shall be attached to the Secondary Employment Permit (form 1.30). b. In the event an officer cannot meet the requirements above, police officers may be employed by a private employer outside the City, provided they do not wear the Seattle Police uniform or any part of the uniform that would identify the employee as a Seattle Police Officer. Performing police functions or security with the University of Washington in an off-duty status without first: a. Being commissioned or deputized as a University of Washington Campus Police Officer b. Securing the proper University of Washington Campus Police Officer’s uniform Exception: Police officers may be employed by the University of Washington to work in Seattle Police Department uniforms to direct traffic in street areas or Page 5 of 6 Secondary Employment Section 5.120 intersections adjacent to the University property or facilities without complying with the above requirements (football and basketball games, commencement exercises, etc.). B. C. VI. 12. Ownership of a private security business unless the employee engaged in such business prior to September 1, 1984. 13. Employment directly for, or on behalf of, an establishment that is licensed for or provides adult entertainment. 14. Employment involving any form of gambling, including, but not limited to, cards, bingo, raffles, “Reno Nights”, etc. 15. Any other employment activity not herein defined where there is a law enforcement obligation for close police scrutiny, or that would tend to lower the dignity of the police profession or creates conflicts of interest or the appearance thereof. Charitable or Nonprofit Organizations 1. Even though the Department would discourage such participation, employees may participate as volunteers (not in uniform) in legal gambling activities sponsored by a “Bona Fide Charitable or Nonprofit Organization” as defined in RCW 9.46.020(3). 2. Nothing contained herein shall prohibit an employee from holding an office in “Bona Fide Charitable or Nonprofit Organizations” (i.e., churches, fraternal societies, etc.), wherein one of the statutory mandates of such an office requires their participation in the application process for or signing of City, County or State licenses authorizing the dispensing of alcoholic beverages or the conducting of legal gambling activities. However, this exemption shall not be construed as an authorization for any other employee activity elsewhere prohibited within this manual. The Chief of Police may waive any or all provisions of this order in instances where an employee wishes to invest in such businesses prior to leaving City service and has indicated, in writing, a commitment to retire within eighteen (18) months. Disability Benefits (Off-Duty Employment) A. The following is an excerpt from RCW 41.20.060, covering the Police Retirement Pension: “Disability benefits provided for by this chapter shall not be paid when the policeman [police officer] is disabled while he [she] is engaged for compensation in outside work not of a police or special police nature.” B. LEOFF II officers are not covered by Washington State Industrial Insurance for injuries resulting from secondary employment. Page 6 of 6 Seattle Police Department Policies and Procedures Title: Section 5.130 Chapter: 5 - Employee Conduct 130 – Supervisor/Employee Relationships PHILOSOPHY The Seattle Police Department believes that it is in the employees’ and the Department’s best interest to keep business and professional relationships separate from personal relationships. It is imperative that the Department strives at all times to prevent the reality or appearance of impropriety. The performance of official duties in a situation where a reasonable and prudent person would believe that an employee’s marital, domestic partnership, familial or other relationship interest would or could supersede or interfere with the interests of the Department shall be avoided. For the purposes of this section, family or household member shall be defined as domestic partners, spouses, parents, siblings, parents or siblings in-law, children, step-children, aunts, uncles and grandparents of the employee, without condition, as well as any person who is dependent upon or resides with the employee. This section shall apply to all employees civilian, sworn, represented, and non-represented. I. Policy A. The Seattle Police Department will not knowingly assign employees who are family or household members, spouses, or domestic partners, to work assignments that involve the following circumstances: 1. Where one employee will directly supervise, appoint, remove, or discipline the other. 2. Where one employee will evaluate or audit the work of the other. 3. Where circumstances exist or reasonably could exist which would place the spouses, domestic partners, or household members in a situation that a reasonable and prudent person would believe that an employee’s marital, domestic partnership, familial or other relationship interest would or could supercede or interfere with the interests of the Department. 4. Where business necessity dictates that some action by SPD management is necessary in order to avoid the reality or appearance of improper influence. B. If a supervisor and subordinate enter into a domestic partnership or marital relationship during the course of employment, and the Department reasonably believes the relationship may create a conflict of interest, one of the employees shall be transferred to another position. Such transfers shall be made in accordance with applicable collective bargaining agreements. C. The supervisor or subordinate, currently involved in a relationship as described above, shall report the relationship to the supervisor’s commander. Failure to report such a relationship may subject the involved employees to discipline. Effective Date: 10/12/05 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 5.140 Chapter: 5 - Employee Conduct 140 – Unbiased Policing REFERENCES DP&P – Department Priorities & Mission Statement, Standards & Duties, Social Contacts, Terry Stops & Arrests, Traffic Enforcement CALEA standard 1.2.9 PURPOSE This policy is intended to reaffirm the commitment of the Seattle Police Department to unbiased policing, to clarify the circumstances in which officers can consider race or ethnicity when making law enforcement decisions, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable way. In order to be effective we must be trusted and deal with both the reality of the difficult and complex job of policing and the perception of police work. POLICY Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures. Except as provided below, race or ethnicity shall not be motivating factors in making law enforcement decisions and officers shall not: • Consider race or ethnicity in establishing either reasonable suspicion or probable cause. • Consider race or ethnicity in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. Officers may take into account the reported race or ethnicity of a specific suspect or suspects based on trustworthy, locally relevant information that links a person or persons of a specific race or ethnicity to a particular unlawful incident. Race or ethnicity can never be used as the sole basis for probable cause or reasonable suspicion. Supervisors shall ensure that all personnel in their command are familiar with the content of this policy and are operating in compliance with it. ADMINISTRATION At least annually, the Director of the Office of Professional Accountability shall prepare a report for the Chief of Police describing and analyzing the status of the Department’s effort to prevent biased policing. • Sustained complaints of biased policing shall result in corrective actions. • The Department’s ongoing training curriculum shall include regular biased policing updates. Effective Date: 01/28/04 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 5.150 Chapter: 5 - Employee Conduct 150 - Use of Private Vehicles for City Business POLICY Employees should always attempt to use City vehicles in the performance of their duties for the Police Department. Whenever possible, permission shall be obtained from an employee’s Bureau Commander prior to using their private vehicle on City business. I. Definitions A. II. For purposes of reimbursement, vehicles shall be defined as any motor driven conveyance licensed to operate on the public roads and highways. Procedures A. Employees shall obtain prior authorization from their Section Commander before using a private vehicle on City business. Use a Seattle Police Department Memorandum (form 1.11). B. Employees shall notify their Section Commander immediately following the use of a private vehicle for City business in instances where obtaining prior permission is not possible. C. Requests for reimbursement shall be completed on Claim for Private Automobile Mileage Form (form 5.12) with a copy of the approval attached. Both documents will then be forwarded to the Director of the Fiscal, Property, and Fleet Management Section. D. Reimbursement for authorized private vehicle travel within the Puget Sound area shall be at the current City rate. E. Reimbursement for authorized private vehicle travel outside the Puget Sound area shall not exceed the lowest round trip air fare to and from that location, regardless of the amount of mileage. Effective Date: 12/29/04 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 6.010 Chapter: 6 - Search and Seizure 010 - Arrest Procedures REFERENCES CALEA standards, 1.2.5, 1.2.6, 82.2.4 POLICY The Department recognizes the importance of individual dignity. All people have a right to dignified treatment by police officers. An officer must treat an individual with as much respect as that person will allow. I. General A. A supervisor shall be notified and the incident reviewed and reported whenever an officer (on-duty or off-duty) arrests or detains a person and such arrest or detention involves: II. 1. A probable cause arrest (misdemeanor or felony). 2. Handcuffing or removing the person from a scene. 3. Detaining the person for any period of time at a Department facility. 4. Detaining the person for any period of time at a secondary employer’s facility (e.g. Safeco Field Security Office). 5. Detaining the person for an extended period of time outside a Department or secondary employer’s facility. 6. Conducting a High Risk Traffic Stop that includes any of the following: a. Ordering the driver or occupants out of the stopped motor vehicle at gunpoint. b. Handcuffing the driver or occupants of the stopped motor vehicle. c. Detaining the driver or occupants of the stopped motor vehicle for a lengthy period of time (more than 20 minutes). d. A High Risk Traffic Stop needs to be articulated in a General Offense Report with facts that at a minimum support a Terry Stop. Officer’s Responsibilities A. The primary officer involved in the arrest or detention shall notify a sworn Department supervisor (sergeant or above) prior to booking or otherwise releasing control of the person. Effective Date: 3/10/08 Page 1 of 3 Section 6.010 Arrest Procedures B. If officers cannot identify the suspect through standard means, consider using the AFIS system. It is available to officers on a 24-hour basis. To request this assistance, contact the Ten-Print Unit at 6845514. Transport the suspect to the Print Room on the seventh floor of the Seattle Justice Center. Most identification checks are completed in approximately twenty minutes. C. In cases where a person is arrested or detained for assaulting an on-duty or off-duty officer: 1. A sworn supervisor of the rank of lieutenant or above shall be notified, and 2. The suspect shall not be released until the incident is reviewed by the aforementioned supervisor. D. The primary officer shall document the incident on the appropriate Department report(s) and/or form(s) as soon as practical after the arrest or detention, and in all cases, before going out of service. 1. In addition to all other pertinent information, the report shall include the name of the supervisor who reviewed the incident and the location where the review took place. 2. For all felony bookings, officers shall send the General Offense Report to a supervisor for approval and notify the supervisor directly. Officers shall also complete an Alert packet that contains copies of any paper documents (Suspect, victim, or witness statements; accident reports, etc). Write the General Offense Number on the Alert tag. a. The Alert packet, addressed to the appropriate follow-up unit, shall promptly be handdelivered to Data Center, 5th floor of Police Headquarters. Exception: If the appropriate follow-up unit is within the officer’s precinct, the officer shall hand deliver the Alert packet to that unit rather than delivering it to Data Center. b. Original paper documents will be routed to Data Center through normal distribution processes. 3. Narcotics cases: a. 4. E. III. Place a Certification of Probable Cause-Narcotics with an original signature (in blue ink) in an Alert packet addressed to Narcotics. Hand deliver it to Data Center, 5th floor of Police Headquarters. Anytime additional Alert packet information becomes available, officers shall complete a Supplemental Report and follow the requirements of #2 above. When a supervisor is the primary officer or the victim of an assault in an incident where a person has been arrested or detained, the incident shall be reviewed by another supervisor. Screening Supervisor’s Responsibilities A. A review of the incident shall occur in person with the officer prior to the booking or otherwise release of control of the detainee. When screening the incident, the supervisor shall: 1. Review the circumstances surrounding the incident, 2. Review the physical condition of the person arrested or detained, 3. Evaluate the appropriateness of any offense charged, Page 2 of 3 Arrest Procedures B. 4. Determine the appropriateness of the disposition of the person arrested or detained. (e.g., booking, cite and release, investigate and release), 5. Ensure that evidence is properly collected and preserved, and 6. Ensure the required Department reports are completed and properly routed. 7. For all felony bookings, the supervisor shall immediately review the General Offense Report and, after approval, route it for transcription as normal. 8. The supervisor will send a VMAIL titled “Alert Packet” to the responsible investigative unit handle and the HALERT handle. The VMAIL will contain the General Offense Number. Records will immediately transcribe the report to ensure rapid routing to case management. For every incident in which a person is arrested for Driving While License Suspended (DWLS), the supervisor will ensure that the decision to impound the vehicle is properly documented by the arresting officer and that the decision to impound the vehicle is in accordance with City and Department policy. 1. IV. Section 6.010 Refer to SPD Policy and Procedures Manual section 2.089 V- DWLS Impounds. Routing Reports of Assaults on Officers A. Send a VMAIL titled “Assault on Officer” through the chain of command to the level of Bureau Commander. The VMAIL will contain the General Offense Number. B. If at the time of the assault, the officer is temporarily working under a chain of command other than their normal chain of command (e.g. Seattle Center event, Seafair or other special event, etc.), send a VMAIL titled “Assault on Officer” through the temporary chain of command. The VMAIL will contain the General Offense Number. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 6.020 Chapter: 6 - Search and Seizure 020- Arrests and Detentions of Foreign Nationals REFERENCES CALEA standards, 1.1.4, 1.2.5, 61.1.3 POLICY Under the terms of the Vienna Convention and other treaties, whenever officers take into custody a person who states they are a foreign citizen, additional notification procedures are required. Compliance with this policy and procedure is important because it enhances the ability of the United States to insist that foreign officials provide the same rights to U.S. diplomats and citizens who are arrested abroad. Failure to provide appropriate notification may result in suppression of evidence and subsequent loss of convictions. I. II. Definitions A. Foreign National: Any person who is not a United States citizen; whether tourist, visitor, migrant worker with a temporary work permit, alien resident, illegal alien, asylum-seeker, or person-in-transit. B. Diplomatic Immunity: A principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities for both their official and, to a large extent, their personal activities. Summary of Requirements Pertaining to Foreign Nationals A. When foreign nationals are arrested or detained, it is mandatory that they be advised of the right to have their consular officials notified, without unreasonable delay. 1. Law enforcement officers who actually make the arrest or who assume responsibility for a foreign national’s detention are responsible for making proper notification. 2. The mandatory advisement statement is located in the “Consular Notification and Access Reference Card: Instructions for Arrests and Detentions of Foreign Nationals” and the Officer’s Resource Booklet (form 39.0). a. This advisement must be made even if the suspect will not be interrogated. B. In some cases, the nearest consular official must be notified of the arrest or detention of a foreign national, regardless of the national’s wishes. C. Consular officials are entitled to access their nationals in detention and are entitled to provide consular assistance. However, notification places no obligation upon consular officials to perform any services on behalf of the foreign national. D. Additional circumstances in which consular officials must be notified include: 1. When a government official becomes aware of the death of a foreign national; 2. When a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent; 3. When a foreign ship or aircraft wrecks or crashes. Effective Date: 11/19/07 Page 1 of 5 Section 6.020 Arrests and Detentions of Foreign Nationals III. Procedure to Follow When a Foreign National is Arrested or Detained A. Attempt to determine the foreign national’s citizenship. In the absence of other information, assume this is the country on whose passport or other travel document the foreign national travels. B. If the foreign national’s country is on the list of mandatory notification countries: NOTE: A list of the mandatory notification countries is located in sub-section IV below. 1. Notify that country’s nearest consular official, without unreasonable delay, of the arrest/detention – after arrival at the precinct, jail, or other significant detention such as hospitalization, but before interrogation or booking. a. Phone and fax numbers for foreign embassies and consulates in the United States are located in the “Consular Notification and Access” reference book, Part Six. This reference book may be obtained from a Patrol supervisor, Precinct Commander, or King County Jail Staff. b. Use the Fax Sheet for Notifying Consular Officers of Arrests or Detentions (form 58.0) to make notification when the consulate has a fax available. c. Submit the fax sheet and fax transmittal report to Data Center. (1) d. 2. If the fax machine does not print a fax transmittal report, record the date and time the fax was sent in the General Offense Report. If a fax machine is not available, officers shall personally call to make consular notification. The date, time, and point of contact shall be documented in the General Offense Report. (1) If contact is not successful, document the notification attempt in the General Offense Report. (2) Notify jail staff if the suspect is being booked and notification has not been made. Tell the foreign national of the notification. a. The foreign national must be advised of the following: “Because of your nationality, we are required to notify your country’s consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country’s consular officials as soon as possible.” b. 3. Translations of this statement are found in Part Four of the “Consular Notification and Access” reference book. Notification must be made, regardless of the national’s wishes. a. Where an arrestee is seeking asylum in the U.S., officers shall not reveal that fact in their mandatory notification to the foreign consul. Arrangements can be made to protect the alien while ensuring that his/her government’s right to notification is protected. (1) Page 2 of 5 The Immigration and Naturalization Service (INS) must be contacted immediately in these cases. Section 6.020 Arrests and Detentions of Foreign Nationals (2) 4. C. Under no circumstance shall the foreign national be turned over to any foreign government official. They shall remain in protective custody until they are delivered to INS. Keep a written record of the notification and actions taken. If the foreign national’s country is not on the mandatory notification list: 1. Offer, without unreasonable delay, to notify the foreign national’s consular officials of the arrest/detention. a. The foreign national must be informed of the following: “As a non-U.S. citizen who is being arrested or detained, you are entitled to have us notify your country’s consular representatives here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country’s consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call or visit you. Do you want us to notify your country’s consular officials?” b. 2. Translations of this statement are found in Part Four of the “Consular Notification and Access” reference book, which may be obtained from a Patrol supervisor or Precinct Commander. If the foreign national asks that consular notification be given, notify the nearest consular officials of the foreign national’s country without unreasonable delay – after arrival at the precinct but before any interrogation or booking. a. Phone and fax numbers for foreign embassies and consulates in the United States are located in the “Consular Notification and Access” reference book, Part Six. b. Use the Fax Sheet for Notifying Consular Officers of Arrests or Detentions (form 58.0) to make notification when the consulate has a fax available. c. Submit the fax sheet and fax transmittal report to Data Center. (1) d. If the fax machine does not print a fax transmittal report, record the date and time the fax was sent in the General Offense Report. If a fax machine is not available, officers shall personally call to make consular notification. The date, time, and point of contact shall be documented in the General Offense Report. (1) If you are unable to make contact, document the notification attempt in the General Offense Report. (2) Follow up to ensure that notification is made. Page 3 of 5 Section 6.020 Arrests and Detentions of Foreign Nationals IV. Mandatory Notification Countries Antigua and Barbuda Fiji Malta Singapore Armenia Gambia, The Mauritius Slovakia Azerbaijan Georgia Moldova Tajikistan Bahamas, The Ghana Mongolia • • • V. * ** *** Tanzania Barbados Grenada Nigeria Tonga Belarus Guyana Philippines Trinidad and Tobago Belize Hong Kong Poland** Turkmenistan Brunei Hungary Romaniai Tuvalu Bulgaria Jamaica Russia Ukraine China* Kazakhstan Saint Kitts and Nevis United Kingdom Costa Rica Kiribati Saint Lucia U.S.S.R.*** Cyprus Kuwait Saint Vincent/Grenadines Uzbekistan Czech Republic Kyrgyzstan Seychelles Zambia Dominica Malaysia Sierra Leone Zimbabwe Does not include Republic of China (Taiwan) passport holders. Mandatory for non-permanent residents only. Passports may still be in use. Diplomatic Immunity A. B. Foreign nationals with diplomatic immunity are issued an Identification Card by the Department of State. 1. The degree of immunity is detailed on the back of the ID card. 2. Contact the Department of State to verify the immunity status of the foreign national. When a foreign national with full diplomatic immunity is involved and the safety of the public is in imminent danger or it is apparent that a grave crime may otherwise be committed, police authorities may intervene to the extent necessary to halt such activity. This intervention may include use of force and/or arrest if otherwise justified according to existing policy. The Department of State must be contacted immediately in these cases. C. When a foreign national with full diplomatic immunity is suspected of committing a crime, obtain as much information as possible during the initial investigation and thoroughly document it in the General Offense Report. Include “Diplomatic Personnel” and any appropriate offenses in the Offenses block. The primary officer will send the General Offense Report to a supervisor for approval and notify the supervisor directly. Any paper documents will be forwarded to Data Center in an Alert packet. D. The supervisor will immediately review the General Offense Report and, after approval, route it for transcription as normal. E. The supervisor will send a VMAIL titled “Alert Packet” to the Data Center handle and the Records transcription handle. The VMAIL will contain the General Offense Number. F. The Data Center will promptly fax a copy of the approved General Offense Report to the Department of State so that diplomatic remedies may be sought. G. Foreign nationals may be stopped for investigation (Terry Stop) or stopped and cited for traffic violations regardless of their diplomatic immunity. 1. Page 4 of 5 A traffic stop is not considered to be an arrest or detention as it relates to diplomatic immunity. Arrests and Detentions of Foreign Nationals 2. VI. Section 6.020 If the officer judges the individual too impaired to drive safely, the officer should not permit the individual to continue to drive (even in the case of diplomatic agents). Resources A. “Diplomatic and Consular Immunity – Guidance for Law Enforcement and Judicial Authorities” Published by the United States Department of State. B. “Consular Notification – Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials To Assist Them” Published by the United States Department of State. 1. The complete publication of the “Consular Notification and Access” is available online at http://travel.state.gov/consul_notify.html. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 6.030 Chapter: 6 - Search and Seizure 030 - Body Cavity Searches REFERENCES CALEA standards, 1.2.8, 70.1.1, 74.3.1. POLICY Requests for body cavity searches of suspects shall be made only when it is necessary and justifiable. Body cavity searches are justifiable if they meet the requirements of State law (10.79 RCW). I. II. General A. Body cavity searches shall not be conducted by Seattle Police Officers. B. The actual body cavity search will be conducted by medical personnel of Harborview Medical Center or an approved medical facility. Procedures A. An officer who has probable cause to believe that evidence of a crime or a weapon or contraband is concealed in body cavities must obtain written authorization from a lieutenant or above and a search warrant. B. A police officer who is the same sex as the person being searched must be present during the search by the hospital medical personnel, and will be responsible for preparing the necessary documentation required under RCW 10.79.080(4). Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 6.040 Chapter: 6 - Search and Seizure 040 - Booking Procedures REFERENCES CALEA standards, 70.1.6. I. Booking Felony Suspects Who Also Have Misdemeanor Charges A. II. Prisoner Assessment A. III. When booking a person on felony charges where grounds exist for an additional misdemeanor charge resulting from the same incident, do not book the suspect for both the felony and misdemeanor charges. Book the suspect for the felony charge only. Include sufficient details concerning the misdemeanor offense in the narrative portion of the General Offense Report. Follow-up investigators may then file misdemeanor charges at a later date, if the prosecuting attorney declines to file on the original felony charge. Officers must assess every prisoner being admitted to the jail, and be alert for the following conditions: 1. Injuries or bleeding, 2. Unconscious or comatose state, 3. Mental disturbance, 4. Those appearing ill, or with a history of recent illness, or those of questionable physical condition, 5. Medical alert tags, 6. Any person booked for the use or suspected use of narcotics or dangerous drugs, or any person who appears to be under the influence of narcotics or dangerous drugs, 7. Any person who is taking medication, and 8. Every person brought to the King County Jail from any hospital, whether or not the person has been previously booked. B. If there is any question that the prisoner is in need of medical care it shall be provided. C. Officers will provide all appropriate information to the booking officer relative to any physical or mental condition of the person in their custody. Booking Process A. All officers entering the King County Jail shall deposit and secure all firearms and chemical weapons in the firearms locker prior to entering. B. Officers having a prisoner in custody who is to be booked in the jail shall remain with the prisoner during the booking process. However, officers are not required to stay with prisoners until they are placed into a cell. Handcuffs will not be removed until the prisoner is placed in the custody of a corrections officer. Documentation accompanying the prisoner will be turned over to the booking officer. Effective Date: 11/15/07 Page 1 of 2 Booking Procedures C. The primary responsibility to search prisoners is with booking personnel; however, this does not alleviate arresting or transporting officers from conducting a weapons search prior to the booking process, if more than a cursory search was required. The transporting officer will notify booking personnel that such a search was conducted. 1. Page 2 of 2 Section 6.040 Officers booking suspects with personal property containing any object with a sharp edge will categorize this object as a weapon or “sharps.” The King County Jail requires that these items be packaged separately and clearly identified as “sharps”. Seattle Police Department Section Policies and Procedures Title: Chapter: 6 - Search and Seizure I. A. For any crime committed or attempted in their presence, B. For any felony actually committed when the citizen has probable cause to believe the person arrested committed the felony, or C. For any breach of the peace committed in their presence. For purposes of this section, breach of the peace is defined as follows: “The offense known as breach of the peace embraces a great variety of conduct, destroying or menacing public order and tranquility. It includes not only violent acts, but acts and words likely to produce violence in others. The term connotes conduct that creates consternation and alarm. It is an indecorum that incites public turbulence; yet violent conduct is not a necessary element...” Discouraging Citizen Arrests A. III. 050 - Citizen Arrests Conditions Under Which a Citizen Arrest May be Made 1. II. 6.050 While citizens have the legal right to make arrests under certain circumstances, the Department does not encourage citizen arrests. Whenever possible, the taking of persons into custody should be accomplished by trained and authorized law enforcement officers. When a Citizen Arrest is Made A. Citizen Responsibilities 1. B. The citizen’s responsibility is to surrender the arrestee to an officer. Officer Responsibilities 1. Review the circumstances surrounding the arrest. 2. The arrestee should be taken into custody only after the officer has determined that probable cause exists. 3. If probable cause exists and the arrestee is taken into custody, the case shall then be processed as would any other arrest with the General Offense Report indicating that the arrest was initiated by a citizen. Effective Date: 11/19/07 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 6.060 Chapter: 6 - Search and Seizure 060 - Collection of Information for Law Enforcement Purposes REFERENCES SMC chapter 14.12 - collection of information for law enforcement purposes and applicable city ordinances as therein referenced. Seattle Police Procedures & Tactics publication number 024 police investigations ordinance. PHILOSOPHY Information will be gathered and recorded in a manner that does not unreasonably infringe upon: individual rights, liberties, and freedoms guaranteed by the Constitution of the United States and the State of Washington, including freedom of speech, press, association, and assembly; liberty of conscience; the exercise of religion; the right to petition government for redress of grievances; and the right to privacy. Consistent with this policy, Department personnel shall comply with the dictates of the Investigations Ordinances and with the requirements of Department rules and regulations. The Department will cooperate fully with the Investigations Ordinance auditor. The Auditor will be given total access to any and all files maintained by the Seattle Police Department except in the case of files or investigations which are specifically exempted from inspection by the Investigations Ordinances. The Investigations Ordinances requires all Department personnel to safeguard the rights of persons involved in lawful political or religious activities and places restrictions on the documenting of certain types of information. While much of the Ordinances pertains to the activities of the Criminal Intelligence Section, the Ordinances is directed at the activities of the Department as a whole. Officers must keep the Ordinances in mind when writing reports. Any documentation of information concerning a person’s sexual preferences or practices, or their political or religious activities must be for a relevant reason and serve a legitimate law enforcement purpose. Officers should also be aware of the Ordinances when photographing demonstrations or other lawful political activities. If demonstrators are not acting unlawfully, police can’t photograph them. Periodic review of the Ordinances is worthwhile, as violations of the Ordinances could result in civil liability or disciplinary action, including discharge. Effective Date: 5/19/04 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 6.070 Chapter: 6 - Search and Seizure 070 – Detainee Management PURPOSE To establish detainee management guidelines that provide for the safety and security of officers, suspects in custody and third parties. Exceptions from the detainee management protocols require documentation in an Officer Statement or in the case of misdemeanors in a General Offense Report. I. Detainee Interview & Holding Rooms A. Use of Holding Rooms. 1. Holding rooms are for the temporary confinement of detainees while officers: a. Conduct investigations. b. Complete essential paperwork. 2. Detainees shall remain secured in handcuffs while they occupy holding rooms. a. Under certain circumstances it may seem appropriate to leave a detainee in a holding room without being secured in handcuffs, however, sworn personnel will not deviate from the requirement that detainees be handcuffed without obtaining the approval of a supervisor. b. Flex cuffs or any other disposable handcuffs will not be used to secure detainees without the approval of a supervisor. 3. Book or release a suspect/detainee as soon as possible. 4. Check the detainee’s status at least once every thirty minutes. 5. Detentions lasting more than one hour require authorization from a Sergeant. a. Authorized extended detentions should not exceed 2 hours. (1) If additional detention time is required; additional authorization must be obtained. (2) The length of detention and the authorizing supervisor’s name will be recorded on the holding room Detainee Log Sheet. B. Procedures. 1. Close sally port doors prior to moving detainees. 2. Verify that all officer firearms are properly secured in their holsters and other weapons and equipment items including pepper spray, tasers, folding knives, flashlights, etc. are equally secured from a detainee’s grasp. 3. Check holding room for weapons and contraband prior to detainee’s entry. a. Remove anything that may be used as a weapon from the processing area (pens, flex-cuff cutters, etc). 4. Keep male and female detainees segregated. 5. Keep adult and juvenile detainees segregated. 6. Remove all property from the detainee: Effective Date: 11/16/07 Page 1 of 6 Section 6.070 Detainee Management a. Account for money and other valuables in the detainee’s possession. b. Remove hazardous items, including; (1) Belts. (2) Drawstrings. (3) Shoe laces. (4) Canes or crutches. (5) Any item that may be used to harm or endanger others or facilitate an escape. (6) Prosthetic devices will be searched but will not be removed by police personnel. c. Place items in a paper sack. (1) Write detainee’s name on outside. d. Secure items in a property locker box. (1) If detainees are moved, make sure that their property matches the new holding room number. 7. Sign all detainees in on the Detainee Log Sheet, include the following information: a. Detainee’s name and gender. b. Crime(s) arrested for and General Offense Number (GON). c. Arresting officer’s name and serial number. d. Holding room number. (1) If detainee is not placed in a room, indicate “NS” for “not secured.” e. Property locker box number. f. Time detainee was placed in holding room. (1) Detainee must be checked every 30 minutes. 8. Prepare Superform immediately after determining charges. 9. Do not allow detainees to smoke, eat, or drink in holding rooms. However, detainees should not be denied reasonable access to water or toilet facilities. 10. Place no chairs or other equipment in the holding rooms. 11. Avoid placing unruly/hostile detainees in holding rooms. a. Whenever possible transport them directly to jail. b. If transporting an unruly/hostile detainee directly to jail is not possible, or if they become hostile after arriving at a police facility: (1) Restrain the detainee to prevent: (a) Injury to themselves or others. (b) Damage to holding rooms or other police property. (2) The “Full Restraint Position” may be an appropriate temporary technique for violently combative detainees, this position requires constant observation after it is applied and supervisory review, including a Use of Force packet, as soon as possible after applying it (Review DP&P - Full Restraint Position). 12. Sign all detainees out on the log sheet, include the following information: Page 2 of 6 Section 6.070 Detainee Management a. The time the detainee is removed from the holding room. b. The disposition/destination of the detainee. c. The transporting officer’s serial number. 13. Leave doors open to unoccupied holding rooms. 14. Officers handling detainees should always have a portable radio, in order to request assistance if the detainee becomes resistive. C. Prison Rape Elimination Act. 1. All sworn employees with detainee handling responsibility need to be aware of the “Prison Rape Elimination Act.” The Prison Rape Elimination Act was signed into law on September 4, 2003 and it applies to all federal confinement facilities, state prisons, local jails and police holding cells in the United States. a. P.R.E.A. defines “prison” as any confinement facility of a federal, state, or local government, whether administered by such government or by a private organization on behalf of such government, and includes any local jail or “police lockup” and any juvenile facility used for the custody or care of juvenile inmates. (1) “Police Lockup” is further defined by PREA as a temporary holding facility of a federal, state, or local law enforcement agency to hold: (a) Inmates pending bail or transport to jail. (b) Inebriates until ready for release; or (c) Juveniles pending parental custody or shelter placement. 2. P.R.E.A. has many objectives, including the establishment of a national “zero tolerance” standard and development of national standards for prevention and reduction of prison rape as well as punishment for offenders. 3. To maintain compliance with P.R.E.A., sworn personnel will: a. Isolate aggressive detainees and known sex offenders from other detainees. b. Prevent placement of handcuffed and unhandcuffed detainees in the same holding room. c. Immediately report any indication of a sexual assault to a supervisor. (1) If sexual assault is suspected or confirmed an investigation will be initiated and activities consistent with Rape Investigation (Procedures & Tactics #026) will be undertaken. d. Appropriate chain of command notifications will be made and a VMAIL containing the General Offense Number will be sent to the Media Relations Unit. D. Injured detainees. 1. Assess every detainee’s physical condition and be alert for injuries. a. 2. If there is any question that the detainee is in need of medical attention, it shall be provided. Document an injury in the General Offense Report, including: a. Nature of the injury. b. Medical treatment provided, including; (1) Seattle Fire Department response. (a) SFD Unit number (for example Engine 25, Aid 10, Medic 1, etc.). Page 3 of 6 Section 6.070 Detainee Management (b) The name and unit number of any private ambulance if detainee was transported or provided medical treatment. (2) Hospital or medical facility detainee was taken to. (3) If detainee refused medical treatment. E. Supervision. 1. 2. Supervisors will inspect holding rooms: a. At the beginning of each shift, and b. When any holding room is occupied. Sergeants will ensure Detainee Log Sheets are properly completed by arresting officers. a. F. Detainee Log Sheets are retained at the precinct for one year. Emergency Situations 1. 2. If it is necessary to evacuate a building where detainees are located, a supervisor will assign an appropriate number of sworn personnel to complete this task. a. If a supervisor is not in the building, a sworn officer in the vicinity of the holding room area will check on the detainees and give a status report by radio to a supervisor. b. If it is clear that the emergency situation will not be quickly resolved, the detainees will be transported to the nearest police facility that has holding room availability. The Equipment and Facilities Coordinator is responsible for ensuring that any fire suppression equipment is maintained and in good working order. II. Hospital Procedures A. Patrol Officer. 1. Responsibilities: a. Refer to DP&P - Guarding Hospitalized Prisoners. b. Follow hospital staff instructions relating to changes in guarding and/or restraining a detainee in situations of medical and institutional emergencies. c. If a dispute arises between the officer and the hospital staff, refer the question to a patrol supervisor. d. In the event of an escape, immediately notify: (1) Police Radio. (2) Hospital Security. (3) As additional units arrive: (a) Establish a perimeter. (b) Conduct a search. 2. Procedures: a. Carry a portable radio. (1) Keep the radio volume at the lowest possible level. b. Familiarize yourself with the hospital personnel and surroundings. c. Avoid using hospital telephones for personal calls. Page 4 of 6 Section 6.070 Detainee Management d. Arrange for a replacement if you must leave the room. 3. Detainee Control: a. Keep the detainee in sight at all times during medical examination. b. Remain on post until properly relieved. c. Prior to relieving another officer on hospital guard: (1) Thoroughly examine the physical layout of the area where the detainee is being treated. (a) Become familiar with possible escape routes. (b) Debrief the officer you are relieving, learn as much as possible about the detainee including the offense involved, criminal history, physical/mental condition, etc. d. Assume a post either inside the room or at the door of the detainee’s room to maintain surveillance. 4. Restraints: a. Notify hospital staff, including security personnel, of the status of the detainee and if restraints will be needed. b. Ensure that detainees are appropriately restrained as soon as possible. (1) At HMC leather restraints are currently only used in the psychiatric ward, in all other parts of the hospital a color-coded neoprene style restraint is being used. (a) Blue restraints are for the hands. (b) Red restraints are for the feet. (2) HMC has it’s own restraint policy and if conflicts arise between hospital staff and SPD personnel regarding proper restraint of a detainee/patient, a supervisor should be called to the scene to review the situation and communicate SPD concerns to the medical staff. 5. Visitors: a. Do not allow anyone into the detainee’s room except: (1) Authorized medical staff. (2) Detainee’s attorney. (3) Detectives. (4) Authorized Visitors. b. 6. Monitor visitors to ensure that contraband is not passed to the prisoner. Lunch Breaks: a. Limit lunch breaks to thirty minutes. (1) Take breaks in the hospital cafeteria or at a location as near the hospital as possible. b. Do not leave the detainee unguarded during this period of time. (1) A relief guard/officer must be present to guard the detainee before the primary officer leaves for lunch. c. Advise the relief officer of any visitors or other pertinent information. B. Patrol Supervisor: 1. Determine the nature and circumstances of the detainee’s stay in the hospital. 2. Verify the following information about the suspect. Page 5 of 6 Detainee Management a. Background of arrest. b. Prior record. c. Potential for escape. Section 6.070 3. Brief the assigned officers. a. Determine if detainee should be allowed visitors or phone calls. b. Ensure officers comply with Department and hospital procedures. 4. Assign a sufficient number of officers to adequately guard the detainee(s). 5. Ensure that all felony suspects have current photographs on file. a. Take a Polaroid photo of the suspect if no current photographs are on file. 6. Arrange for relief of officers for lunch and other breaks. 7. Coordinate with supervisors from the next patrol shift to ensure the officer(s) assigned to hospital guard is relieved by the oncoming watch in a timely manner. Page 6 of 6 Seattle Police Department Policies and Procedures Title: Section 6.071 Chapter: 6 - Search and Seizure 071 – Prisoner Handling & Transport Policy The Seattle Police Department (SPD) acknowledges that officers have a duty to reasonably provide and manage the control, safety, security, and well being of an arrestee while in police custody. The following procedures will be followed absent overriding factors, such as officer safety and unusual circumstances that were not anticipated and/or planned for in the development of policies. Officers who act in good faith under these circumstances will be evaluated based on the totality of the incident. I. Definitions Note: For the purpose of clarity the following definitions will apply when dealing with the following: A. Disabled: A person with physical or mental disabling condition that substantially limits his/her activity. B. Disabling condition: A person that has a medical condition, which prevents him/her from selfperformance of personal care tasks without assistance. C. Elderly: Any person over the age of 70, or any person over the age of 55 that has obvious signs of age related limitations such an impaired motor coordination, difficulty walking, bending or sitting. D. Very young: Any person under the age of 10, or any person that displays behaviors that indicate they do not have the cognitive skills that would allow them to distinguish between right and wrong. E. Handicapped: A physical or mental disability that substantially limits activity. F. Injured: Any person who has sustained a physical wound that absent medical intervention may leave them with less ability than they had prior to the injury. G. Leg Restraint: A nylon strap that is placed around the prisoners’ legs, and then secured by the vehicle door. H. Mentally Ill: A person who suffers from an illness of or related to the mind characterized by behaviors that are “out of the ordinary” and/or unpredictable. II. Security A. Employee Responsibilities 1. 2. B. Employees will transport prisoners with consideration given to the following: a. Employees’ safety b. Prisoners’ health & welfare c. Prevention of any escape attempts by prisoner Employees will take reasonable steps to ensure the safety of their prisoners and for the safekeeping of prisoners’ property. Searches 1. Officers must thoroughly search the prisoner area of their patrol cars before starting their tour of duty. Effective Date: 5/1/08 Page 1 of 5 Prisoner Handling & Transport C. Section 6.071 2. Prior to transporting a prisoner in a Department vehicle, the transporting officer(s) is responsible for removing weapons, evidence, and contraband from the prisoner. 3. Immediately following transportation or as soon as practical, the transporting officer(s) shall search the vehicle for any items left by the prisoner. Handcuffing Prisoners During Transportation 1. Prisoners shall be handcuffed while being transported. 2. Exceptions to Section II (C)(1): An officer may make an exception if a person is elderly, very young, disabled, or injured, and if the demeanor of such person and other circumstances (for example, presence of a second officer) are such that the officer’s safety would not be jeopardized. D. Use of In-Car Camera 1. Upon placing a prisoner in a transport vehicle equipped with an in-car camera, as soon as practical, officer(s) will turn the in-car camera toward the rear of the vehicle. 2. If the in-car camera is not engaged, or technical problems arise, the officer will notify his/her chain of command as soon as practical. 3. All recorded imagery will be stored and retained by the Department for at least 90 days, or until all criminal, civil, or administrative cases to which the recordings are relevant have been adjudicated. 4. Whenever the use of the In-Car Camera is activated the officer transporting will advise the person that a video recording is being made. The announcement will include the following statement: “under state law this transport is being recorded.” That notification must be made as soon as it is practical to do so. 5. The RCW authorizes the video/audio recording of citizens during law enforcement officer contacts. Officers will not deactivate the video recording until the contact has been completed, even if the citizen being contacted objects. III. Transportation Detail A. A one-officer unit may transport a person when: B. C. 1. The officer uses a vehicle equipped with a prisoner screen. The prisoner will be placed in the back seat, on the passenger side of the vehicle and the in-car camera will be turned around. 2. The officer is in a specialized Unit of assignment and the Unit’s commander has authorized oneofficer transportation of arrestees in vehicles without prisoner screens and the arrestee has been check for weapons. 3. The officer is operating the prisoner transport van. Officers will place prisoners in the rear of the prisoner transport van. Male and female prisoners will not be transported together unless there is a compartment separating the two. Additionally, juveniles will not be transported with adult prisoners or in view of adult prisoners. The only exception to this is during an emergency situation and requires prior approval of a Watch Commander. Officers transporting prisoners will not respond to routine radio traffic. 1. Officers may, however, respond to life-threatening situations. 2. Officers will give due regard to the safety of the prisoner and of the public. Employees will not make personal or administrative stops when transporting prisoners without approval or at the direction of a supervisor; e.g., stopping for food or gas, dropping off or picking up paperwork. D. Safety aspects of the transport function require that the prisoner’s right to communicate with attorneys and others will not normally be exercised during the period that the prisoner is being transported. Page 2 of 5 Prisoner Handling & Transport E. Section 6.071 Generally, prisoners will be transported in vehicles with screens or in prisoner transport vans. In screened vehicles passenger employees will monitor from the front seat. When prisoners are transported in vehicles without screens, the prisoner will sit in the back, on the passenger side. A second officer will sit in the back, directly behind the driver officer, and should be alongside the handcuffed prisoner. IV. Special Transportation Situations A. Working alone and transporting person or opposite sex or juvenile: If an Officer is working alone and transporting a person of the opposite sex or a juvenile, the officer will notify the dispatcher of departure and destination arrival times and odometer readings, and any delay or detour during transportation. B. Additional Safety Measures during Transport: Officers are encouraged to take additional protective measures whenever circumstances indicate, or when transporting a person who is: 1. Physically aggressive or threatening. 2. Handicapped, sick, mentally ill or injured. a. C. In certain cases a sick or injured person will need to be transported to a medical facility for medical care prior to being booked into King County Jail. Whenever possible, these persons should be restrained in the same fashion as other prisoners. In certain situations, an ambulance or a fire department medical unit may need to transport the prisoner. Officers need to make the appropriate arrangements for either following or accompanying the medical unit to the hospital. Examples of additional safety measures are: 1. Transporting with an additional officer in, or immediately following the transporting vehicle. 2. Transportation by an officer of the same sex as the person in custody. 3. Request a supervisor at the scene to approve transport using leg restraint. D. Transporting prisoner in leg restraints: E. 1. When an officer has a reasonable belief that the prisoner is likely to, or has caused damage to the vehicle, or is posing a threat to him/herself or others, a sworn supervisor should be called to the scene to authorize the use of leg restraints. 2. Only a Sworn Supervisor will have and approve the use of leg restraints to transport prisoners who are violent and out of control. A second officer will follow the transporting vehicle to augment the safety of prisoner and transporting officer. The dome light or a flashlight will be used to assist in monitoring the welfare of the prisoner. b. If the prisoner moves to a facedown position, officers will pull over and move the prisoner to a safe, side position. c. For the safety of all individuals and to protect city property from damage, prisoners restrained in this manner should be transported directly to jail as soon as possible. Transporting Prisoners with Wheelchairs: 1. F. a. When it is necessary to transport a prisoner who is wheelchair bound the arresting officer will request the Precinct Transport Van or for an AMR to transport. Seat Belting Prisoners: 1. Prisoners will be seat belted according to the rule adopted by the State Commission on Equipment (WAC 204-41-030), which reads as follows: 2. It is intended that all prisoners being transported in a passenger style patrol vehicle wear a seat belt. However, if the prisoner is combative or for any other reason, the officer in charge of the Page 3 of 5 Prisoner Handling & Transport Section 6.071 prisoner has the option to not place the prisoner in a seat belt system. Prisoners that are transported in the front seat of a vehicle should be placed in a seat belt assembly. V. Transporting Prisoners for Other Officers A. Arresting Officer will: B. 1. Complete all booking paperwork, including those required for booking into jail and impounding property prior to turning the prisoner over to the transport wagon officer. 2. Will not go Out of Service until the prisoner has been transported out of the precinct. 3. If prisoner is combative or violent the arresting officer, once a Supervisor has screened the arrest at the scene, can transport directly to jail. If prisoner is taken to the Precinct, the arresting officer is responsible for transport to jail. Transport Wagon Officers will: 1. Confirm the identity of the prisoner(s) and ensure that they are the same prisoner(s) named in the accompanying paperwork when taking custody of a prisoner from an officer or detention facility. 2. Check all booking paperwork and bring needed corrections to the attention of the arresting officer prior to accepting the prisoner. 3. Ensure the Holding Cell Log is filled noting the departure time, destination and person transporting. 4. Unload prisoners into the secure holding area provided by the jail. 5. Transition custody of suspect to Jail Staff. VI. Transportation Guidelines for Specialty Units A. Specialty units should be self-contained and prepared to provide transportation/booking of prisoners by members of their own unit. B. Combative Prisoner: If a prisoner becomes violent and combative, a patrol supervisor can be called to the scene to coordinate transportation in the safest possible manner. C. If a non-patrol unit is unable to make the transport, patrol units will be utilized subject to the following conditions: 1. Notify Radio – Specialty units will advise radio for the need to dispatch patrol resource to transport. a. All requests for transport will be considered a Priority 2 call. b. These calls will be queued at the top of the Priority 2 list. VII. Transport of Department of Correction (DOC) Work Release Inmates A. Prior to officers responding to calls where the DOC has requested transportation, an Operations Bureau Sergeant or Communications Section Supervisor will screen the request and determine if it meets any of the following conditions: B. 1. The inmate is violent or likely to become violent, and it is necessary to restrain them immediately. 2. The inmate will escape if transportation is delayed. 3. The inmate is a substantial risk to the community, themselves, or the facility and its staff. 4. The inmate has committed a new crime and is to be processed accordingly. If the request for transportation is from a Work Release facility to the King County Jail, the person requesting transportation must be able to articulate to the SPD Supervisor how the inmate meets the above-mentioned criteria. Page 4 of 5 Prisoner Handling & Transport C. Section 6.071 Only after an SPD Supervisor approves the request will an officer transport the DOC inmate. D. Any questions or criticisms concerning the propriety of the decision that arise after the fact will be investigated by the First Watch, Watch Commander of the appropriate precinct. VIII. Prisoner Escape A. If a prisoner escapes from a police facility or while being transported, officers will: 1. Provide radio with a complete description of the escaped prisoner to be broadcasted, citywide, immediately. 2. Establish a perimeter and call out necessary resources (i.e., K-9, SWAT) as soon as possible. B. A supervisor will respond to the area to mobilize and manage the necessary resources and set up an ICS command structure. C. If the suspect is apprehended, an additional charge of escape will be added, and appropriate report will be written and the suspect will be booked. D. If the suspect is not apprehended, a supervisor will coordinate the appropriate notifications to other law enforcement agencies. IX. Release of Prisoners A. A positive identification of the prisoner is made before release. B. The sign-out time is logged on the intake log if the prisoner is released at a police facility C. All personal property is returned to the prisoner. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 6.075 Chapter: 6 - Search & Seizure 075 – Interview & Interrogation Rooms References CALEA standards, 42.2.10. Philosophy In the continuing effort to balance the need for effective law enforcement with the basic needs of individuals in our custody, the Seattle Police Department will make reasonable efforts to meet the needs of those persons in custody and undergoing interrogations or interviews at a Department facility. Officers and detectives are directed to follow the procedures set forth in this policy when interviewing a person who is in custody at a Department facility. I. Definitions A. Interview: A conversation in which facts or statements are elicited from another person. B. Interrogation: An examination involving formal questioning in an official setting. C. For law enforcement purposes, the specific nature of the questioning does not affect the physical room, or items present therein, used for the questioning. II. General Policies A. When an officer places a suspect in an interview/interrogation room, he/she shall notify the primary investigating officer or detective in person. That officer shall have formally released custody of that suspect after he/she: 1. Verifies that the suspect has been thoroughly searched for weapons/contraband, and; 2. Makes sure that any property recovered is made known to the primary investigating officer or detective, and; 3. Makes an entry in the Adult Detainee Log Sheet (form 4.1) or Juvenile Detainee Log Sheet (form 12.4), consistent with Department detainee logging procedures. B. Any officer or detective that places a suspect into any type of detention room, be it a holding room or an interview/interrogation room, is responsible for monitoring that suspect while inside the facility. This can be accomplished by in-person checks at regular intervals or by use of a video monitoring system, if that facility is so equipped. C. When interviewing or interrogating a suspect, the primary investigating officer or detective has discretion as to how to most safely and effectively question that suspect. However, that officer or detective will make another detective working in close proximity aware that an interview is underway. This policy is designed to maximize officer safety, since suspects are frequently interviewed by a single officer or detective. The detective who has been made aware should take reasonable steps to remain aware of the status of the primary investigating officer or detective inside the interview/interrogation room. D. While escorting a suspect (e.g., between rooms, or from a vehicle to a holding cell, etc.) it is the responsibility of the primary investigating officer or detective to ensure that the suspect has no ability to escape. This will be accomplished by handcuffing suspects while in transit, except in circumstances specifically authorized by a supervisor. Effective Date: 10/1/07 Page 1 of 3 Interview & Interrogation Rooms E. Section 6.075 At the conclusion of the interview/interrogation, the primary investigating officer or detective will complete the adult or juvenile detainee log, if appropriate. III. Procedures A. Weapons inside interview/interrogation rooms. B. C. 1. Interviewing a suspect while wearing a weapon, oftentimes while alone, has its advantages and disadvantages. It is the policy of the Seattle Police Department that the decision to wear a weapon during an interview/interrogation is that of the individual officer or detective. 2. If officers or detectives choose not to wear a weapon, they must secure their weapons prior to an interview/interrogation in their wall lockers, a locked and secure desk, a mounted weapons locker, or other such secure method to ensure that no access to any weapon shall at any time be given to a suspect in custody. Handcuffing a suspect during an interview/interrogation 1. Unhandcuffing a suspect during an interview/interrogation is a generally accepted practice in law enforcement. Most experienced detectives and officers feel that unhandcuffing a suspect during an interview/interrogation builds rapport and is a useful tool in eliciting valuable information. This technique allows a suspect to speak more freely and may aid in the interview/interrogation process. 2. The decision to handcuff a suspect while they are being actively interviewed or interrogated is left to the individual officer or detective, with individual unit guidelines made at the discretion of the Section Commanders. Officer safety shall be considered a priority when making this decision. 3. If a suspect is unhandcuffed during an interview/interrogation, the interviewing detective or officer shall make another sworn officer working in close proximity aware that an interview/interrogation is underway and that the suspect will be unhandcuffed. Videotaping of suspect’s activities while inside an interview/interrogation room 1. Certain facilities within the Department are equipped with a video monitoring system. As the Department moves to install additional cameras, officers will have the option to utilize these cameras as they become operational. D. Number of officers/detectives allowed in an interview/interrogation at any given time E. F. 1. Too many officers or detectives inside an interview/interrogation room can be intimidating to a suspect and counterproductive to the interview/interrogation. Too few officers can compromise safety and should also be avoided. Officer safety is the paramount concern and should never be compromised under any circumstance. The number of officers or detectives present is discretionary and left to each individual unit. 2. During an emergency situation, there is no limit as to the number of officers or detectives allowed into an interview/interrogation room to safely resolve the situation and restore order. Methods and means for summoning assistance, if needed 1. Each Section Commander shall designate a specific method of summoning assistance for that facility. 2. Each detective and officer shall have immediate access to their individual portable radio inside an interview/interrogation room while with a suspect, should no other methods exist for the purpose of summoning assistance. Items to be kept inside the interview/interrogation room 1. All interview/interrogation rooms must be maintained in a clean and orderly condition. 2. Any necessary item for the interview/interrogation may be brought into the room for that interview, but then removed when the interview/interrogation is complete. Page 2 of 3 Interview & Interrogation Rooms 3. Section 6.075 Designated interview/interrogation rooms shall serve no other function, except by Section Commander approval. G. Allowing suspects to have access to restrooms, water and comfort breaks 1. When requested, officers and detectives shall escort prisoners to and from a restroom facility safely and securely. The specific method of observing those prisoners while they are using the restroom facilities is left to the discretion of the individual officer or detective. 2. During an interview or interrogation, officers or detectives will make reasonable attempts to address any health or comfort issues (e.g., water, restroom or comfort breaks) articulated by a subject during the interview/interrogation process. No requirement is made that the suspect be left alone during a comfort break, but officers and detectives shall ensure that a reasonable number of breaks during the period of questioning be taken, so that a suspect may rest momentarily. H. Emergency evacuation plans I. 1. Officers and detectives are reminded that prisoners and suspects in their custody are their sole responsibility. 2. Should the need arise, the primary detective or the primary officer, whomever has custody of a suspect, is responsible for safely evacuating that suspect from any Department facility. Leaving a suspect alone inside an interview/interrogation room 1. No officer or detective shall leave a suspect alone, handcuffed or otherwise, in an interview/interrogation room that is not designed to prevent a suspect’s escape. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 6.080 Chapter: 6 - Search and Seizure 080 - Foreign Nationals Seeking Asylum POLICY The United States offers asylum and refugee protection based on an inherent belief in human rights and in ending or preventing the persecution of individuals. Asylum is a precious and important protection granted by federal law to qualified applicants who are unable or unwilling to return to their country of nationality because of persecution or a well-founded fear of persecution. These matters must be handled with speed, tact, and resolution as they are highly sensitive and may have long term international ramifications. Failure to do so will prove embarrassing to the United States and all concerned. Officers must be prepared to render immediate assistance to individuals seeking asylum and ensure that they are turned over to the proper authorities. I. II. Definitions A. Asylum: An alien or foreign national in the United States who is unable or unwilling to return to his or her country of nationality because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. B. Diplomatic Immunity: A principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities for both their official and, to a large extent, their personal activities. Procedure to Follow When a Foreign National is Seeking Asylum A. B. Immediately take the Foreign National into protective custody. 1. Do not handcuff the foreign national, as they are not under arrest. However, a search for weapons shall be conducted prior to transport. 2. Do not allow anyone to interfere with the individual or attempt to intervene in the situation. 3. Under no circumstances shall the foreign national be turned over to any foreign government official. Officers shall not: 1. Question the individual’s motives for requesting asylum; 2. Direct the individual to someone else; 3. Discuss the relative merits of the United States or their homeland and their decision to seek asylum; 4. Arbitrarily or summarily return the individual seeking asylum to a foreign government’s control prior to the proper authority determining the individual’s status. C. Notify your immediate supervisor. Under no circumstances shall the reason for the contact be voiced over a radio. D. The individual may only be released to a supervisor, a member of the Federal Bureau of Investigation, or Immigration and Naturalization Service. Effective Date: 11/19/07 Page 1 of 2 Section 6.080 Foreign Nationals Seeking E. Supervisors shall contact the Immigration and Naturalization Service (INS) District or Asylum Office and arrange secure transportation to another location through the proper authorities. F. The primary officer shall document the incident in a General Offense Report, and involved officers shall complete Officer Statements.. 1. G. Page 2 of 2 Document who took custody of the foreign national in the report. The foreign national shall remain in protective custody until they are delivered to the FBI or INS. Seattle Police Department Policies and Procedures Title: Section 6.090 Chapter: 6 - Search and Seizure 090 - Full Restraint Position REFERENCES CALEA standards 1.3.6, 70.2.1. I. II. III. Definitions A. Containment straps: Any type of cord, chain, or strap used to temporarily restrict a prisoner’s movement. B. Full Restraint Position: Placing a person with hands secured behind the back, legs secured together, and the legs and hands connected together behind the back of the subject with the subject’s legs flexed at the knees. The length of the containment strap used to secure the hands to the feet will be such that the lower legs are at an approximate 90º angle in relation to the person’s torso. Use of Containment Straps A. Containment straps may be applied to temporarily restrict the movement of a prisoner’s legs while in custody. Consider this application when transporting prisoners who present a risk of injury, property damage, or escape. B. Consider containment straps when handcuffing would be inappropriate or impossible due to the physical limitations of the prisoner. C. Containment straps may also be used in the Full Restraint Position. Use of the Full Restraint Position A. In the course of their law enforcement duties, officers may be required to take violently combative subjects into custody and place them into a fully restrained position. 1. A Full Restraint Position is the temporary technique used to control violently combative subjects. The use of the containment straps to restrain a subject in this position will be restricted to situations where the officer believes the continued violent resistance of the person in custody may lead to the injury of that person, further endanger the safety of officers, or result in significant property damage, and no other reasonably effective alternative appears to exist. 2. Any subject who is restrained in this manner should remain under constant observation while so restrained. Officers should be prepared to adjust or remove the containment straps or other devices as circumstances require. Officers will monitor for signs of respiratory distress or other serious medical conditions and provide for immediate medical treatment when indicated. 3. If the prisoner is transported in a police vehicle, an SPD prisoner transport van can best accommodate a person restrained in this manner. Whenever a prisoner restrained in this configuration is transported, the restrained person should be monitored by a second officer riding in the same police vehicle. These subjects will generally be placed on their side if possible (and not face down) to facilitate monitoring their medical status. Effective Date: 7/1/96 Page 1 of 2 Section 6.090 Full Restraint Position 4. Officers may consider transporting subjects who appear to require medical or mental health treatment to Harborview Medical Center in an ambulance. a. IV. Ambulances are equipped with hospital-type restraints, which may be more appropriate for a person in need of mental health treatment. Reporting the Use of the Full Restraint Position A Notify your supervisor as early as possible when a suspect is placed in the Full Restraint Position. B. A Use of Force packet shall be completed whenever an individual is placed in the Full Restraint Position. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 6.100 Chapter: 6 - Search and Seizure 100 - Guarding Hospitalized Prisoners REFERENCES CALEA standards, 70.3.1, 70.3.2, 1.2.5 I. Misdemeanor Cases (Except Domestic Violence) A. Reasonable efforts will be made to allow any injured person who is under arrest for a misdemeanor to go to the hospital of their choice, provided the hospital of choice is located within the Seattle city limits. Harborview Medical Center has established procedures that coincide closely with Seattle Police Department policy. Efforts should be made to utilize HMC. B. If no preference is stated, the prisoner shall be taken to the nearest emergency hospital. Where appropriate, a citation or report shall be prepared. Preference should always be given to nonphysical arrests when possible. C. When booking is necessary, use the following procedure. 1. If treatment at the hospital can be completed within a reasonably short period of time, the officer will remain at the hospital with the prisoner until treatment is completed. The officer will then transport the prisoner to the appropriate facility for booking. 2. If the prisoner is to be hospitalized for a length of time, the arresting officer shall: a. Obtain permission from a police supervisor to leave the prisoner at the hospital without a guard, on a "Police Hold", b. Place a “Police Hold” on the suspect and request the hospital staff notify the SPD Communications Section when the suspect’s treatment is complete. If hospitalized at Harborview Medical Center (HMC), notify HMC Security of the "Police Hold" and the precinct involved, c. Advise suspects of the following: d. Effective Date: 07/15/04 (1) They are still under arrest and will remain so while in the hospital, (2) While in the hospital the suspect’s access to the telephone should be restricted, (3) They are not to leave the hospital without the authority of the Seattle Police Department, (4) Officers will return to take them to jail when their treatment is complete, (5) If they leave the hospital without authorization, they will be charged with Escape, and (6) Verify that the suspect(s) understood the information conveyed, Clear their report through a supervisor, and prepare and deliver a copy of the Superform to the duty officer at their respective precinct, Page 1 of 2 Section 6.100 Guarding Hospitalized Prisoners II. III. When notified that the suspect’s treatment is complete, the Communications Section will contact the arresting officer’s precinct for transportation of the prisoner to the appropriate facility for booking, and f. If the suspect’s treatment is completed at the hospital and they leave without the authorization of Police Department personnel, the unit responsible for followup investigation of the original incident should request a bench warrant for the suspect’s arrest. Domestic Violence Cases A. An injured person who is under arrest for any domestic violence case, whose injuries require immediate hospitalization, shall be taken to Harborview Medical Center. B. If the suspect is accused of a DVPA crime for which a booking is required, a police officer from the arresting officer’s precinct of assignment shall be assigned to guard the subject. When the prisoner’s treatment is complete, the officer will then transport the prisoner to the appropriate booking facility. Felony Cases A. Any injured person who is under arrest for a felony, whose injuries require immediate hospitalization, shall be taken to Harborview Medical Center and a police officer from the arresting officer’s precinct shall be assigned to the hospital to guard that person. B. The arresting officer’s Watch Commander will evaluate the need for continuing the hospital guard. C. IV. e. 1. In making this decision, the Watch Commander will take into account the nature of the alleged offense, whether the identity of the individual is in question, whether the suspect, if released, would present a threat to the community, and if the suspect has current fingerprints and photographs on file. 2. Watch Commanders are encouraged to obtain the advice of the appropriate follow-up unit prior to making their decision on continuing hospital guard. When a hospital guard has been assigned, and the suspect’s treatment is complete, the suspect shall be transported to the appropriate facility for booking. Charging Hospitalized Persons A. If a person guarded by Seattle Police Officers is charged with a felony or misdemeanor while still in the hospital, the follow-up unit responsible for the investigation shall request that the King County Jail place a jail guard on the hospitalized prisoner and deliver the arrest warrant to the jail facility. B. In the case of juveniles, the Youth Crimes Section will be responsible for requesting that the King County Youth Center provide a guard for the prisoner and deliver the warrant to the Youth Service Center. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 6.110 Chapter: 6 – Search and Seizure 110 – Hazard Reports POLICY A Hazard Report shall be completed whenever a subject has assaulted, attempted to assault, or threatened to assault a police officer. This excludes passive and non-combative resistance such as pulling away or refusing to cooperate. A Hazard Report must be completed by an officer and approved by both a supervisor and a Commanding Officer. The information will then be entered into the WACIC - Officer Safety File by the Data Center. I. General A. II. Primary Officer’s Responsibility A. III. IV. WACIC entries are typically retained for three years. In circumstances of Assault in the First Degree or Homicide against an officer, the record becomes permanent. By Department policy, all entries shall remain in WACIC for the maximum allowed period. If information is obtained that the individual is no longer a hazard to officers, then a written request must be submitted through the chain of command to have the individual removed from the WACIC-Officer Safety File. If an officer has information that the individual is a continuing threat to officer safety, the officer may request reentry of the officer safety advisory by submitting a new Hazard Report. The officer must articulate the ongoing threat to officer safety and check the renewal request on the form. Complete all fields on the Hazard Report –(form 5.38) 1. Hazard Reports with inadequate fields are not valid and may be purged by WACIC. 2. The narrative should only describe the assaultive behavior of the individual against the reporting officer. 3. Do not include the criminal charges unrelated to the assault of the officer. 4. Do not include assaults on other officers during an incident. Each officer must complete a report. 5. The primary officer shall obtain all Hazard Reports required for the incident, group them together with the primary officer’s Hazard Report on top, and indicate on the form the total number of reports for the individual. Secondary Officer’s Responsibility A. Complete a separate Hazard Report for each officer involved in an incident. B. After the secondary officer completes the Hazard Reports, they must be submitted to the Primary Officer. Supervisor’s Responsibility A. The supervisor shall collect and review all Hazard Reports from officers that were a victim of an assault, attempted assault, or threat to assault. 1. Effective Date: 11/9/07 The supervisor must ensure in the narrative of the Hazard Report that the primary officer has concisely explained, “why the subject is considered dangerous to officers” and the “reason for caution”. Page 1 of 2 Section 6.110 Hazard Reports 2. The supervisor will sign each individual report. 3. If there is already an existing SPD Officer Safety Advisory in the WACIC system then a copy of the advisory should be attached to the top of the primary officer’s report. a. 4. V. VI. Combine the summary from the existing WACIC report with a summary of the current hazardous behavior into an updated summary and include that multiple hazards are on file. The supervisor shall hand deliver the packet to an on-duty Watch or Section Commander for approval of the WACIC entry prior to the end of the shift. Watch or Section Commanders Responsibility A. Review the Supervisor’s summary in Section B. B. Fax the primary officer’s Hazard Report to the Data Center – Teletype. Data Center Responsibility A. B. C. Page 2 of 2 Upon receipt of the faxed Hazard Report immediately make an entry into WACIC using the EIPC make code for entry of a Person of Interest File - CAUTION. Enter the relevant information into the RMS. Send a VMAIL regarding the Hazard Report to the Crime Analysis Unit handle. The VMAIL will contain the General Offense Number. Seattle Police Department Policies and Procedures Title: Section 6.120 Chapter: 6 - Search and Seizure 120 - Impounding Vehicles REFERENCES CALEA standards, 1.2.4, 61.2.3, 61.4.2, 61.4.3. SMC 11.30.105 POLICY Generally, a vehicle should be impounded only after reasonable alternative dispositions have been eliminated. Officers may not impound a vehicle merely because an arrest has been made. I. Alternatives to Impound A. II. Officers may leave a vehicle at the scene of an incident if the vehicle is not needed for police purposes. The vehicle may be: 1. Legally parked and secured by an officer in the immediate area (with the permission of the owner or their authorized representative), 2. Released to the owner (or their authorized representative), or 3. Privately towed at the owner’s request and expense. Reporting the Impound of a Vehicle A. A specific reason must be indicated on the Parking Violation Ticket or Vehicle Report (form 5.5) when impounding a vehicle. B. Parking Violation Ticket 1. The word “Impound” shall be written in the “Comments” box on the front of the Parking Violation. 2. All Parking Violations marked for impound shall be separated from other parking tickets and delivered separately to the Seattle Municipal Court distribution boxes. 3. A vehicle will not be impounded on a parking violation when the officer has arrested the occupants of the vehicle and other legal authority to impound exists. a. C. For example, when arresting a driver for DUI and you are unable to make alternative arrangements for disposition of the vehicle, impound on a Vehicle Report (form 5.5), using the DUI General Offense Number (GON). Vehicle Report (form 5.5) 1. 2. Effective Date: 11/7/07 Officers shall complete a Vehicle Report (form 5.5): a. To document stolen vehicle recoveries and investigatory impounds, and b. In any other situation when a vehicle is impounded for other than a parking violation. Approved reports will be forwarded to the Data Center following Department procedure. Page 1 of 4 Section 6.120 Impounding Vehicles III. Impoundment Without Prior Notice A. B. A vehicle may be impounded with or without citation and without giving prior notice to its owner only when: 1. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; 2. The vehicle is illegally occupying a truck, commercial load, bus, loading, hooded meter, taxi or other similar zone where, by order of the Director of Engineering or Chiefs of Police or Fire, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days, or at all times, and where such vehicle is interfering with the proper and intended use of such zone; 3. A vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person, as defined under RCW Chapter 46.16, is parked in a stall or space clearly and conspicuously marked, as provided in SMC 11.72.065A, whether the space is provided on private property without charge or on public property; 4. The vehicle poses an immediate danger to public safety, (i.e., leaking gasoline, blocking fire zone or hydrant, etc.); 5. An officer has probable cause to believe the vehicle is stolen and it is necessary to hold the vehicle as evidence (or to comply with the owner’s request); 6. An officer has probable cause to believe the vehicle constitutes evidence of a crime or contains evidence of a crime, and impoundment is reasonably necessary to obtain or preserve such evidence; 7. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four (4) or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least forty-five (45) days from the date of the filing of the notice of infraction; 8. When a vehicle is a “junk motor vehicle” as defined in SMC 11.14.268, and is parked on a street, alley, or way open to the public, or on municipal or other public property. “Junk motor vehicle” means any motor vehicle meeting at least three of the following requirements: a. Left on private property without the permission of the person having a right to the possession of the property; b. Left on a street, alley way open to the public or on municipal or other public property for seventy-two (72) hours or longer; c. Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission; d. Apparently inoperable; e. Having a fair market value of Five Hundred Dollars ($500.00) or less; f. Without a current certificate of registration or a current and proper vehicle license. Absent exigent circumstances, consent, or some other legal authority, nothing in this section shall be construed to authorize search or seizure of a vehicle without a warrant where a warrant would otherwise be required. Page 2 of 4 Impounding Vehicles IV. V. Section 6.120 Impoundment With Prior Notice A. A vehicle may be impounded after notice has been given to the owner when such vehicle is parked or used in violation of any law, ordinance, or regulation on any street, alley, or municipal property. B. Notice of impound is made by securely attaching a Notice of Violation - 72 hour Parking (form 8.5) to the vehicle for a minimum period of 72 hours prior to impoundment, advising the owner that unless the violation is corrected, the vehicle will be impounded. C. When such vehicle is abandoned, as that term is defined in SMC 11.14.015. D. When such vehicle is so mechanically defective as to be unsafe for operations; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer. DWLS Impound Decision A. Officers should exercise discretion in impounding vehicles operated by drivers with suspended licenses. In exercising that discretion, the officer must consider reasonable alternatives to impound. The exercise of discretion, however, does not require officers to consider all possible alternatives. The reasoning underlying the decision to impound (for example, to reduce or eliminate an immediate risk; an impound at the request of the owner or driver) should be documented. B. An officer considering a DWLS impound should consider the following factors: 1. Whether the vehicle is legally parked and secured. 2. Whether a licensed, authorized agent of the owner is immediately available to remove the vehicle. 3. Whether the vehicle appears sufficiently mechanically sound to be safely driven from the scene by a lawful driver. 4. Whether the vehicle can be easily moved to a legal and secure location. 5. Whether the vehicle or alternative driver is properly insured (document evidence of insurance). 6. If released, whether the vehicle is likely to be driven immediately by the person (or another person) whose license is suspended or revoked. 7. The level of the driver’s suspension offense. (Officers are reminded that they can not impound a vehicle solely for a DWLS III violation). 8. Whether the driver has an outstanding warrant that will lead to arrest. 9. Whether an immediate private tow at the owner’s request and owner’s expense is reasonably available. 10. Whether impound would create an undue hardship or risk for the occupants of the vehicle or others (e.g. small child or disabled person in the car, vehicle owned by suspended driver’s employer and employer can be contacted to retrieve vehicle). C. Additional factors to consider if vehicle is released: 1. Document the release of the vehicle to a specific person. 2. Do not allow a non-licensed agent of the owner to drive. 3. Potential drivers who are impaired are not candidates to drive the vehicle. Page 3 of 4 Impounding Vehicles Section 6.120 4. Document any person who accepts responsibility to remove the vehicle on behalf of the owner. D. VI. Document the factors used in your exercise of discretion. Discretion does not require consideration of all possible alternatives to securing the vehicle, only those alternatives that are reasonable and immediately available. Vehicle Inventory A. Officers shall make a routine inspection of an impounded vehicle for items of value unless the vehicle is impounded on an investigatory hold. Absent exigent circumstances, consent, or some other legal authority, nothing in this section shall be construed to authorize a search or seizure of a vehicle without a warrant where a warrant would otherwise be required. VII. Medical Examiner Holds A. When an officer impounds a vehicle in the course of an investigation involving a death, but where the vehicle itself is not related to the death and holds no evidentiary value, officers are to place a ‘hold’ on the vehicle and write, “Hold for Medical Examiner’s Office” in the narrative portion of the Vehicle Report (form 5.5). All questions surrounding the release of the vehicle should be directed to the King County Medial Examiner’s Office. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 6.130 Chapter: 6 - Search and Seizure 130 - Informant Management REFERENCES CALEA standards 42.2.7 PURPOSE Information provided by informants is recognized by the courts and can contribute to the success of criminal investigations and prosecutions. The following informant procedures and guidelines have Department-wide application and are intended to provide for the effective use of this information in investigations and prosecutions, and to protect officers and the Department from unwarranted criticism in the use of informants. I. Definition A. II. IV. 1. In return for money, other benefit, or consideration from the Department, a prosecutor, court, or other government agency at the request or with the involvement of the Department, or 2. That are used in an investigation or prosecution without receiving money, other benefit, or consideration from the Department, a prosecutor, court, or other government agency where the person’s identity is known but intended to be kept confidential in the event of prosecution. Exceptions To This Procedure A. III. Informant: A person who provides information or services to the Department: Exceptions to the following procedures and guidelines may be allowed in special cases, because of the unique or sensitive nature of, or informant’s role in, an investigation or prosecution. Exceptions will require the prior approval of the Bureau Commander on a case-by-case basis. The approving Bureau Commander and all detectives/officers involved in the use of the informant will have the responsibility to follow procedures that will provide for the effective use of the informant in the investigation and prosecution, and to maintain information necessary to satisfy a review of the case by the Department, prosecutor, or court. Units and Officers Authorized To Use Informants A. The Investigations Bureau is authorized to use informants. B. The use of informants by any other Bureau shall require the authorization of the Assistant Chief of the Investigations Bureau. Such authorization will be on a case by case basis. Use of Informants - General Responsibilities A. The use of an informant will require prior supervisory notification and approval as indicated in sub-section V. of this manual section. In addition, it is the officer's responsibility to keep their supervisors informed, on an ongoing basis, of their activities involving the development and use of informants. B. Supervisors shall be aware of the activities of those officers under their supervision who are involved in the development and use of informants. C. The identities of informants shall be kept confidential. Revised:11/30/05 Page 1 of 5 Section 6.130 Informant Management V. D. Unlawful activities by informants shall not be encouraged or condoned. E. Officers shall not knowingly maintain social relationships with informants or otherwise become personally involved with informants. See sub-section XIV. of this manual section. F. An officer will be accompanied by another officer when meeting with an informant; unless approved by a supervisor beforehand. G. Detective supervisors will ensure that each person under their supervision is trained in the procedure for handling informants as needed. Patrol officers and detectives who become involved in handling informants will receive training from supervisors whose responsibilities cover the specific area in which the work is being generated. H. Line supervisors will check all submitted reports that involve the handling of informants for accuracy, consistency of information, and completeness. Special emphasis will be placed on recording of expense funds and amounts and types of contraband or evidence involved. Establishing Informants A. B. VI. Prior to using an informant 1. Supervisors will review and approve the use of the informant. This shall include an inperson meeting between the informant and the requesting officer’s immediate supervisor. 2. Informants under Department of Corrections supervision or any other court restricted status will require permission from the informant's assigned Community Corrections Supervisor or assigned probation officer prior to use of the informant. A memo signed by a supervisor authorizing use will be placed into the individual informant file. 3. Information provided by the informant shall be evaluated and tested, when practical. 4. The informant will be assigned an informant number and an Informant Name Card (form 1.1.5) will be forwarded to the Assistant Chief of the Investigations Bureau. The informant number will consist of a letter designating the organizational subdivision using the informant (N-Narcotics Section, V-Vice Section, I-Criminal Intelligence Section, G-Gang, DV-Domestic Violence, SA-Special Assault, J-Juvenile) followed by a sequential number based on the number of informants used by the unit 5. An Informant Agreement Form (form 1.1.2) shall be completed. 6. An individual informant file, as outlined in sub-section XIII. of this manual section, will be opened, and will be reviewed and approved by a supervisor. In cases where an investigation may be jeopardized due to delays caused by the completion of the above procedures, a supervisor may allow the investigation to proceed prior to the final completion of the above procedures. Supervisors will record the informant identification number and name with the Assistant Chief of the Investigations Bureau and ensure completion of the procedures without delay. Duplicate Use of Informants A. When an officer registers an informant in the central informant file and another officer is on record as using the same informant, a Notice of Duplicate Use of Informant (form 1.1.8) shall be sent to the supervisor of the unit(s) already on record. In the event an officer uses an informant used by another officer they will coordinate with one another to avoid duplication of information, payment, and conflicts in the use of the informant. VII. Problem Informants A. The criteria for classifying an informant as a problem informant include, but are not limited to: 1. Acting in a way which endangers the safety of an officer, Page 2 of 5 Section 6.130 Informant Management B. 2. Revealing the identity of an undercover officer or the existence of an investigation, 3. Engaging in continuous criminal activity while an informant, 4. Intentionally giving false information, or 5. Unreliability in the handling of money or evidence in an investigation. Problem Informant Reporting 1. C. A problem informant will be reported on a Problem Informant Card (form 1.1.7) which will be reviewed by the reporting officer’s supervisor. The reporting officer will distribute the Problem Informant Card as follows: a. Original to the office of the Assistant Chief of the Investigations Bureau for filing in the Central Informant File, b. A copy to the informant’s individual informant file maintained by the reporting officer, and c. A copy to the supervisor of any other unit/officer(s) for whom the reporting officer has received a Notice of Duplicate Use of Informant (form 1.1.8). Use of Problem Informants 1. Designation as a problem informant will not necessarily exclude the person from being used as an informant. However, such use will require the prior approval of a command level supervisor (Lieutenant or above). A sergeant may give tentative approval in a case where delay may jeopardize an investigation. VIII. Use of Informants for Warrants and Investigations in Other Jurisdictions IX. A. An affidavit or application for a search or arrest warrant where information or services provided by an informant are used or relied upon in the affidavit or application, will be reviewed by a supervisor and a prosecuting attorney. Prosecuting attorneys are available to offer advice on application of arrest/search warrants or ongoing investigations. It is recommended that supervisors and prosecuting attorneys be consulted in any instance where multi-jurisdictional issues are relevant (i.e. any informant-related activity outside of the city limits or multi-agency city / state / federal investigations where SPD informants are utilized). B. Officers and Detectives shall not render services or information from SPD informants to other law enforcement agencies without prior approval of their Bureau Commander and the Assistant Chief of the Investigations Bureau. If the information provided by the informant serves an expedient public safety need where time is of the essence, written notification to the appropriate Bureau Commanders shall then be made as soon as practical after such information or services have been provided. Information and or services provided by the SPD informant to other law enforcement agencies with prior command approval shall be noted in the informant’s individual file. Payments to Informants and Informant Development Expenses A. Payment to Informants 1. Cash payments to informants may be made for: information, evidence, or contraband; introducing officers or other informants; or actual expenses incurred by the informant. 2. All such payments will require: a. Payments made to informants will be made in the presence of another officer, detective, or supervisor unless definable circumstances do not allow such. In any instance where a witnessing officer will not be present for informant payment, the investigating officer or detective will make additional notification Page 3 of 5 Section 6.130 Informant Management to their immediate supervisor with an explanation of such circumstances for screening prior to any payment of funds to the informant, B. c. Completion of a Justification for Payment of Funds (form 1.1.6), d. An explanatory entry in the informant’s C. I. Activity Report (form 1.1.3), and e. The completion of any other vouchers, receipts, or payment control reports or logs required by the officer’s unit of assignment. Expenses incurred in the development of informants (as opposed to cash payments to informants) will be reported in detail, according to the voucher and expenditure procedures required by the officer’s unit of assignment. Consideration Relating to Prosecution A. XI. Satisfactory completion of the informant’s services/activities, Informant Development Expenses 1. X. b. An informant who has been charged with a crime will not be offered consideration pertaining to prosecution or penalty for such crime by an officer unless it is discussed and cleared by the concerned Prosecuting Attorney and is approved by the officer’s Bureau Commander. Informant Files - Generally A. Informant files will consist of two types of files: 1. A central informant file (see Subsection XII. of this manual section), and 2. Individual informant files (see Subsection XIII. of this manual section). B. An internal review of the Department’s informant files will be made twice a year (at least 120 days apart) under the direction of the Assistant Chief of the Investigations Bureau. C. An informant file may be purged when 5 or more years have passed since the last contact with the informant, and then only with the approval of the Assistant Chief of the Investigations Bureau. XII. Central Informant File A. The central informant file will be maintained in the offices of the Assistant Chief of the Investigations Bureau in a secure, controlled access location. B. The central file will contain the following from each informant: 1. An Informant Name Card (form 1.1.5), and 2. Any applicable Problem Informant Card (form 1.1.7). XIII. Individual Informant Files A. B. Each of the organizational subdivisions of the Department authorized to use informants will: 1. Maintain the individual informant files of the informants, for which they have operational responsibility, in a secure, controlled access location. A log containing the informant number and true name of each informant will be maintained with the files, and 2. Assign a supervisor (sergeant or above) who will be responsible for administrative control of their files. An individual informant file will be maintained for each informant. A file will include, but not be limited to, the following: 1. Copy of the Informant Name Card (form 1.1.5), Page 4 of 5 Section 6.130 Informant Management C. 2. Informant Information Report (form 1.1.1), 3. Informant Agreement (form 1.1.2), 4. Copy of any applicable Duplicate Use of Informant (form 1.1.8) notifications, 5. Copy of any applicable Problem Informant Card (form 1.1.7), 6. Dated photograph or mug shot not more than five years old, 7. Criminal record, including an NCIC III query, NCIC, WACIC, and SEAKING system check and other pertinent behavioral history information. If an informant has no criminal record, a memorandum indicating this fact will be included in the file. Information pertaining to a criminal record or lack thereof will be signed and dated by the officer who placed the information in the file, and 8. CI Activity Report (form 1.1.3) which will contain entries reporting the activities of the informant and the activities of the officers as they relate to the informant. This includes, but is not limited to: a. Informant payments or other considerations, b. Use of information provided by the informant to support a search or arrest, c. Controlled buys or investigative activities involving the informant. Buys of evidence or contraband will be reported in detail (e.g. type, amount, cost, etc.), d. Receipt of information pertaining to illegal activities of the informant, and e. General Offense Reports, Supplemental Reports, Street Checks, Officer Statements and other investigative reports relevant to the person’s role as an informant. Each officer involved in the use of an informant will be responsible for keeping the informant’s individual file current and complete on an on-going basis. Supervisors will be responsible for reviewing and approving files for accuracy and completeness. XIV. Personal Business Transactions with Confidential Informants A. Department employees shall not buy, sell, receive, or transfer for personal gain, benefit or advantage, anything of value to or from a person known by the employee at the time of the transaction to be a confidential informant (as defined herein), without prior authorization from the employee’s Bureau Commander. B. Nothing in this section is intended to apply to or affect a legitimate, routine retail or wholesale purchase from a licensed business that a confidential informant owns or is employed by. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 6.150 Chapter: 6 - Search and Seizure 150 - Miranda Warnings REFERENCES CALEA standards, 1.2.3 I. Miranda Warnings II. A. Department policy requires an officer to advise a suspect of their Constitutional rights at the time of arrest. B. A suspect shall also be advised of these rights prior to custodial interrogation or the taking of any statements, oral or written. C. These rights will be read to the suspect from the Seattle Police Department Resource Book or the Explanation of Rights (form 9.28.1). D. Any change in the Miranda warnings will be addressed in a Legal Bulletin. Non-custodial Questioning A. Officers may question persons during general on-the-scene investigation as to acts surrounding a crime. Persons questioned during such time need not be advised of their rights until: 1. III. IV. Volunteered and Spontaneous Statements A. Volunteered and spontaneous statements are not barred and no warnings need be given preceding them. B. However, questioning initiated by the police officer thereafter, in clarification or amplification of the volunteered or spontaneous statements, should be preceded by a warning. Securing a Waiver of Miranda Rights A. V. After a suspect has been advised of their rights, the questions following the Miranda warnings on the Seattle Police Department Resource Book should be asked in order to secure a waiver of those rights. Officer Statements A. VI. Such person is in a police-dominated atmosphere. The fact that a prisoner who gives a statement was so advised or admonished should be included at the beginning of any statement. Officer Testimony A. It should be kept in mind that it may be necessary for the officer to testify in court as to the precise language which was used to warn the person of their rights, and the precise language by which the person waived such rights. (The Seattle Police Department Resource Book is a good reference.) VII. Interrogation After the Suspect has Requested a Lawyer A. Interrogation must cease once a suspect requests a lawyer. Officers cannot thereafter initiate interrogation outside the presence of the suspect’s lawyer. Effective Date: 11/19/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 6.160 Chapter: 6 - Search and Seizure 160 - Police Action on Military Reservations REFERENCES CALEA standards 22.2.1. POLICY The Seattle Police Department recognizes the importance of allowing its employees time off to meet their obligations as members of a military reserve unit. Supervisors are reminded that Federal law requires an employer to grant time off to a reserve member ordered to active duty. I. Military Leave for Public Employees A. II. III. Washington State law (RCW 38.40.060) provides that every employee of the State or of any County or City, who is a member of the Washington National Guard or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted paid military leave of absence from such employment for a period not exceeding fifteen working days during each calendar year. 1. Such leave shall be granted in order that the person may report for active duty or take part in active training duty. 2. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. 3. During the period of military leave, the officer or employee shall receive their normal pay. 4. For timekeeping purposes, use of military leave (with orders submitted to the Personnel Services Section) shall be recorded on unit time sheets as “ML”. Requests for Military Leave A. Military leave requests must be approved through the chain of command to the Bureau Chief, and the Director of Human Resources. B. Requests shall include: 1. A Request for Authorized Absence (form 2.23) documenting military leave days and other days used during the period of absence, 2. A copy of the military orders or written verification of assigned drill days, and 3. For unpaid military leave exceeding the fifteen days of paid leave, a Leave of Absence Request (City of Seattle form). Department Requirements A. Any military leave exceeding fifteen work days per year shall require Departmental approval before the employee requests any publication of military orders. Effective Date: 7/1/96 Page 1 of 2 Police Action on Military Reservations B. Page 2 of 2 Section 6.160 Military leaves of absence and the opportunity to obtain retirement service credits for periods of active military service (by making normal contributions to the Retirement System) are authorized to be granted to employees of the City of Seattle under Ordinance 69816 as amended. Seattle Police Department Policies and Procedures Title: Section 6.170 Chapter: 6 - Search and Seizure 170 - Recordings POLICY Sworn personnel responsible for making arrests or conducting follow-up examinations may make sound or video recordings of arrestees prior to their first appearance in court, without obtaining consent. I. II. Procedures A. The arrested person shall be informed that a recording is being made and a statement so informing the arrestee will be included in the recording. B. The recording shall commence with an indication of the time, date, and place of beginning and shall end with an indication of the time. C. At the commencement of the recording, the arrested person shall be fully informed of their Constitutional Rights, and such statements will be included in the recording. D. Following an arrestee’s first appearance in court, any further sound or video recordings may be made only if authorized by court order or upon the consent of the arrestee. Such recordings must conform to the above conditions. Use of Recordings A. The recordings shall only be used for valid police or court activities. B. Video or sound recordings so obtained shall be made available for hearing or viewing by the arrestee’s attorney, upon request, whenever a criminal charge has been filed. Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 6.180 Chapter: 6 - Search and Seizure 180 - Searches-General REFERENCES CALEA standards, 1.2.4, 74.3.1. OVERVIEW Under the Fourth Amendment to the U.S. Constitution, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Washington Constitution article I, section 7 states: “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Searches and seizures generally must be made pursuant to a warrant. There are, however, exceptions when searches and seizures may be made without warrants. I. II. Definitions A. Body cavity: The stomach or rectum of a person and the vagina of a female. B. Body cavity search: The touching or probing of a person’s body cavity, whether or not there is actual penetration of the body cavity. C. Consent search: A search conducted after a waiver of certain Constitutional protections. D. Custodial search or search incident to arrest: Typically more intrusive than a patdown frisk. The purpose and scope of the custodial search is to remove any weapons that the arrested person might seek to use in order to resist arrest or effect an escape. The search may be made to seize any evidence on the arrestee’s person in order to prevent its concealment or destruction. It can also include the area within an arrestee's immediate control. E. Exigent circumstances: When there is probable cause to believe that delay in getting a warrant would result in the loss of evidence, escape of the suspect, or harm to police or public. F. Open view: When contraband or evidence is seen in, or from, an area open to public view and not protected by the Constitution. G. Patdown frisk: A search of a person that is relatively non-intrusive, such as a patdown for weapons during a brief investigatory stop. H. Plain view: When officers inadvertently discover contraband or evidence after making a lawful intrusion into a constitutionally protected area, such as a residence. I. Strip search: Having a person remove or arrange some or all of their clothing so as to permit an inspection of the genitals, buttocks, anus, breasts, or undergarments of the person. Consent Searches A. Officers electing to search by consent shall have the consenting person sign a Consent to Search (form 9.54). B. The validity of the consent depends on consent being given voluntarily. Consideration of the intelligence and education of the person are scrutinized by the court, as are physical and mental coercion, exploitation and the authority of the person to give consent. Effective Date: 3/14/08 Page 1 of 3 Section 6.180 Searches-General C. III. 1. Consent is valid if the third person has equal authority over the business or residence and it can be concluded the absent person assumed the risk the cohabitant (roommate) might permit a search. 2. A consent to search is not allowed if one cohabitant (roommate) or business partner objects to the consent, even if the other person gives permission. Consent must be given by both people, if present. 3. Parents may consent to search a child’s living area if the parents have routine access to the area (the child is not paying rent). 4. Landlords cannot give consent to search if a lease or rental agreement is still valid. Open View/Plain View Doctrines A. B. IV. Third party consents are valid under certain conditions. Open View 1. The open view doctrine allows the police to see and possibly seize contraband. To apply open view, the officer must see the contraband or evidence in an area open to public view and not protected by the Constitution. 2. Police officers are not allowed to enter and seize contraband if the contraband is exposed to the public from a Constitutionally protected place. For example: If officers see a marijuana plant growing in the window of a residence, they cannot enter the home, but have probable cause to seek a search warrant. Plain View 1. The plain view doctrine allows the police to inadvertently discover contraband after making a lawful intrusion into a Constitutionally protected area, such as a residence. Inadvertent does not mean that the officer(s) have to be surprised by the discovery, but it does mean the contraband must be recognizable and be in plain view. 2. The key to the plain view doctrine is being in the protected place with permission (invited in) or on legitimate police business. Once the inadvertent discovery is made, officers have probable cause to seek a search warrant for a more thorough search. Patdown Frisk A. The purpose and scope of the patdown frisk is to discover weapons or other items which pose a danger to the officer. B. For an officer to frisk a suspect who has been stopped as a result of a reasonable suspicion of criminal activity, the officer must: C. 1. Have reason to believe that they may be dealing with an armed or dangerous individual, or 2. Be able to articulate the belief that their safety or that of others was in danger. The frisk for weapons is strictly limited to what is necessary for the discovery of weapons which might be used to harm the officer or others nearby. Generally, the frisk must be limited to a patdown of outer clothing. In addition to the basis for the stop itself, the officer must have a sufficient basis to believe an individual is armed. This may include, but is not limited to: 1. Prior knowledge that the suspect carries a concealed weapon, Example: A hazard flag, or warrant information, exists indicating the suspect carries a weapon. 2. Suspicious behavior, such as failure to comply with instructions to keep hands in sight, Example: Suspect reaches under vehicle seat despite instructions to the contrary. 3. Page 2 of 3 Observations, such as suspicious bulges, consistent with carrying a concealed weapon, or Section 6.180 Searches-General Example: Suspect has heavily sagging jacket pocket. 4. V. Search Incident To Arrest/ Custodial Search A. B. VI. Prior knowledge that the suspect is a verified member of a gang known to carry weapons and their behavior warrants a Terry Stop. A lawful arrest triggers a search incident to arrest. 1. Vehicles - When a person is arrested out of a vehicle, officers have authority to search the passenger compartment and unlocked containers for evidence or weapons. Officers are not allowed to unlock containers, gloveboxes, or trunks to search without a warrant or consent. 2. Residence - When a person is arrested in a residence, officers may only search the area where the arrest occurred. Officers may only search other areas of the residence if they reasonably believe that officer safety is threatened, or if there is a chance the arrested person might escape or destroy evidence. All persons who are arrested and taken into custody shall be thoroughly searched. 1. This search shall be conducted as soon as possible after the arrest and before transporting the prisoner(s). Evidence of any crime which is discovered in the course of a valid custodial search, as well as the objects immediately under their control when arrested, may be used to support whatever subsequent charge is appropriate and will be admissible as evidence in court. Anything beyond the arrested persons lunge zone is specifically prohibited. 2. A person arrested on misdemeanor warrants must be searched at the scene of arrest and cannot be searched after being transported unless the person is allowed to post bail and fails to do so. 3. Suspects will not be searched by officers of the opposite gender unless there is a reasonable likelihood that the suspect possesses a weapon or other object capable of causing injury or which could facilitate escape, or the officer believes that the suspect possesses objects which constitute evidence, which if not seized immediately could be destroyed, lost, or lose their value as evidence, and there is no officer of the same gender readily available to conduct the search. Exigent Circumstances A. Police may conduct an immediate, warrantless search or seizure if there is probable cause to believe that delay in getting a warrant would result in the loss of evidence, escape of the suspect, or harm to police or public. Hot pursuit is an exigent circumstance. 1. Officers are allowed to enter a home when the suspect retreats into the home or private area and there is reasonable fear of escape, destruction of evidence, or injury to police or public. 2. Criteria examined by the court. a. b. c. d. e. 3. Was the offense serious or one of violence? Was the suspect armed? Was the probable cause strong enough to believe the suspect committed the crime? Was there strong probable cause to believe the person was on the premises? Did the police identify themselves and give the suspect a chance to surrender prior to entry? f. Was there an ongoing investigation or decision to arrest prior to the suspect fleeing into the premises? Exigent circumstances also exist if the police are responding to a domestic violence call. Entry can be made if a person’s health, welfare, or safety are concerned. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 6.190 Chapter: 6 – Search and Seizure 190 – Service of Search Warrant Outside of City REFERENCES CALEA standards, 74.3.1. Philosophy The Washington Mutual Aid Peace Officer Powers Act of 1985 allows sworn officers of the Seattle Police Department, acting within the scope and course of their duties for the City of Seattle, to enforce the traffic and criminal laws of this state throughout the territorial boundaries of the state. Seattle Police personnel conduct the majority of their investigative and related police work within the city limits of Seattle. However, from time to time the demands of an on-going investigation require that SPD personnel obtain and/or serve a search warrant outside of the City. In the event that it becomes necessary for SPD personnel to serve a search warrant outside of the City of Seattle, they will adhere to the following procedure. I. General A. In the event that a search warrant must be served outside Seattle by SPD personnel, a sworn employee holding the permanent rank of sergeant (or above) must: 1. Determine that the warrant is in some manner associated with criminal activity in Seattle, that the objective is worth the time and resources needed, and that it falls within enforcement priorities. 2. Carefully review the search warrant and affidavit to ensure that a judge has signed the warrant and that the address of the location to be searched is correctly listed. Determine the law enforcement jurisdiction where the address is located. 3. Receive authorization from the precinct or Section commander (captain or above) before the warrant is served. On nights and/or weekends, authorization will be obtained through the Duty Commander. 4. If the search warrant is drug related, contact the Northwest HIDTA De-Confliction Center at 1-888-388-DRUG and the SPD Narcotics Section to ensure that no other agency is currently working an investigation on the same address. 5. Contact the law enforcement agency with local jurisdictional responsibility. Contact a supervisor in the outside agency’s follow-up unit, such as Narcotics, to coordinate and determine if there is an on-going investigation that HIDTA may not be aware of. Advise that we hold a search warrant for a location in their jurisdiction. In the event that the outside agency has the ability and desire to serve the warrant for SPD, they should be allowed to do so. If SPD serves the warrant, request that the outside agency supervisor be involved in the warrant service planning and coordination to eliminate the possibility of problems. 6. If there is an indication that known violent or armed persons occupy the location outside the City, or if the location is barricaded, S.W.A.T. will be the only Seattle Police Unit to serve the warrant, unless the police agency with jurisdiction requests that their personnel secure the premises. Effective Date: 4/19/02 Page 1 of 2 Service of Search Warrant Outside of City II. Section 6.190 Planning and Execution of Warrant A. Scout the location and physically verify that the target address is correct as listed on the search warrant and affidavit. B. Complete a written Operations Order and conduct a detailed pre-raid briefing for all involved personnel, including a representative(s) from the outside police jurisdiction. C. At the time of warrant service, request that a representative from the outside agency, preferably a supervisor, is on scene and that the communications section of the jurisdiction of service is notified. Verify that adequate radio communications are available in the event of an injury or other emergency. D. In the event that there is an additional police related incident at the scene of the out-of-city search warrant or a significant event occurs during the service of the warrant, the sworn Seattle Police supervisor on location will contact the precinct or Section commander of assignment or the Duty Commander to coordinate the appropriate Seattle Police administrative investigation. E. Once the search warrant is served and the necessary paperwork is complete, the police supervisor will conduct a short debrief of the search warrant operation with involved personnel, which may include the outside agency. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 6.210 Chapter: 6 - Search and Seizure 210 – Strip Searches REFERENCES CALEA standards, 1.2.8, 70.1.1. POLICY A sworn officer may strip search a person if the requirements of RCW 10.79 have been met. A supervisor shall authorize the strip search based on specific facts constituting reasonable suspicion or probable cause to believe the search was necessary. Nothing in this section is intended to preclude officers from seizing and holding as evidence the clothing of a suspect whenever that clothing is reasonably believed to constitute evidence of a crime. I. Definitions A. I. A ‘strip search’ is defined by the RCW as having a person remove or arrange some or all of his or her clothing so as to permit an inspection of the genitals, buttocks, anus, or undergarments of the person or breasts of a female person. II. Requirements A. The person to be strip searched must be in custody at a precinct or jail holding facility. A Captain may adopt Section policies that authorize their personnel to conduct strip searches at locations other than precinct or jail holding facilities. B. RCW 10.79.130 states that no person shall be strip searched without a warrant unless: 1. There is a reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband, or any other thing concealed on the body of the person to be searched that constitutes a threat to the security of a holding, detention, or local correctional facility; 2. There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or 3. There is a reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention. 4. For this section a reasonable suspicion is deemed to be present when the person to be searched has been arrested for: C. a. A violent offense as defined in RCW 9.94A.030; b. An offense involving escape, burglary, or the use of a deadly weapon; or c. An offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW. A person who has not been arrested for an offense as defined in the previous subsection may be strip searched upon determination of reasonable suspicion or probable cause. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only after lessintrusive means have been used and shall be based on the consideration of all information and Effective Date: 11/19/07 Page 1 of 2 Strip Searches Section 6.210 circumstances known to the supervisor authorizing the strip search, including, but not limited to, the following factors: 1. The nature of the offense for which the person to be searched was arrested. 2. The prior criminal record of the person to be searched. 3. Physically violent behavior of the person to be searched, during or after the arrest. D. All of the factors that led to the determination of the supervisor to authorize the strip search shall be articulated on the General Offense Report and the Strip Search Template. III. Procedures A. A supervisor must screen the circumstances of the arrest and determine if the legal criteria for a strip search has been met prior to giving authorization for the search. B. Less-intrusive means, such as pat-downs, metal detectors (where available) and clothing searches will be performed prior to the strip search. C. Prior to conducting the strip search the officer and supervisor will explain to the subject why they are being strip searched and give the person the opportunity to voluntarily produce the suspected item. The person will be allowed to voluntarily produce the item only if the officer and supervisor believe that the item can be produced without compromising officer safety or risking destruction of evidence. D. The strip search must be conducted and witnessed by officers of the same sex as the person to be searched. E. The supervisor who has authorized the search will witness the strip search unless the supervisor is a different sex as the person being searched, in which case the supervisor will assign another officer of the appropriate sex to witness the search. The authorizing supervisor must remain at the location where the strip search is to take place. F. The search will be done in private, where the search will not be viewed by anyone other than the officer conducting the strip search and the witness officer. The steps taken to assure the privacy of the strip search will be documented on the Strip Search Template. G. Complete a Strip Search Template with the following information: 1. The offense(s) for which the person was arrested. 2. The specific facts constituting reasonable suspicion or probable cause to believe the search was necessary. 3. The name and serial number of the supervisor authorizing the search. 4. The name and serial number of the officer conducting the search. 5. The name(s) of all other persons present during the search. 6. The time, date, and place of the search. 7. Any weapons, evidence, contraband, property, or health condition discovered as the result of the search. H. The authorizing supervisor must review and approve the Strip Search Template along with the General Offense Report. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 6.220 Chapter: 6 - Search and Seizure 220 – Social Contacts, Terry Stops & Arrests REFERENCES CALEA standards, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 41.3.1, 41.3.2, 82.2.2 PHILOSOPHY Department employees may make several citizen contacts everyday during the course of performing their duties. These contacts form the foundation for the relationship between the department and the community as well as the foundation of quality policing. While these contacts vary in nature, and each situation must be treated individually, the goal of the department is that each contact should be conducted in a courteous, professional and lawful manner. These contacts, and any police actions that may result from the contact, are often subject to great scrutiny. Landmark court cases establish the boundaries for proper police conduct in this arena, and these boundaries must be carefully observed. Employees should be cognizant of the requirements of these cases and address the issues set forth in these cases whenever they are engaging in contacts. Engaging in lawful contacts, traffic stops, Terry Stops, and arrests, generate useful, proactive tools that employees can use to combat criminal activity within their areas of responsibility. POLICY Employees will be objective and professional when making contact with any person regardless of the nature of the contact or the enforcement action to be taken. Employees will apply the standards of DP&P- Biased Policing when initiating contacts. I. Contact Protocol A. Introduction 1. 2. B. To the extent that safety considerations allow, employees will introduce themselves to all citizens that they contact. A proper introduction will establish the identity of the employee, the authority of the employee, and the context surrounding the initiation of the contact. This provides the platform for the lawful actions or requests made by the employee during the contact or the investigation. Introductions should be formulated so that they provide: a. The employee’s name, b. The employee’s rank or title. c. The fact that the employee is affiliated with the Seattle Police Department, d. The reason for the contact or stop. The introduction shall occur as early in the contact as safety permits and will be given prior to the employee’s request for identification or license and registration information from the citizen being contacted. Officers will ensure that persons are detained for only that period of time necessary to affect the purpose of the stop or contact and that any delays in completing the necessary actions are reasonable. Officers will explain the nature and purpose of any delay to the citizen. Effective Date: 11/15/07 Page 1 of 4 Social Contacts, Terry Stops & Arrests C. To the extent that safety considerations and confidentiality requirements allow, employees will answer questions posed by the persons that they are contacting and will comply with the provisions of DP&P-Duties & Standards, should the citizen request the identification of the employee. D. Closing Contacts 1. II. Once the contact is completed, employees should make every attempt to provide a professional closing. This is an opportunity to ensure that the citizen leaves the contact with the best possible view of the employee, the department and the profession. In closing a contact, employees will : a. Return any identification, paper work and property obtained from the citizen b. Ensure that the person understands when they are free to leave c. Thank the person for their cooperation and understanding, as appropriate d. Explain the results of the contact especially if the contact results in the reasons for the stop being dispelled or the person being cleared of suspicion. e. If the contact results in the issuance of a notice of infraction or a citation, the officer will explain the options available to the person for disposing of the case and should identify the phone number that persons may call to have any additional questions or concerns. f. Express regret for any inconvenience that may have been caused to the person being contacted, if appropriate. Social Contact A. III. Section 6.220 A contact with a citizen for the purpose of asking questions and gathering information. 1. Reasonable suspicion and probable cause are not required to initiate a social contact. 2. The contact is voluntary or “consensual”. The citizen is under no obligation to answer any questions and is free to leave at any point. a. As in all encounters with the public, officers shall treat citizens in a professional, dignified, and unbiased manner. b. Officers should safeguard their actions and requests so that a reasonable citizen does not perceive the contact as a restraint on their freedom. They should act respectfully, attempt to build rapport, and keep the contact as brief as possible Terry Stops A. B. Page 2 of 4 Terry v. Ohio is the landmark case on investigatory stops, which declares: 1. That a police officer may stop a person for questioning, if the officer reasonably suspects that the person has committed, is committing, or is about to commit a crime. 2. The officer is not required to have probable cause to arrest the individual at the time of contact, but must have reasonable suspicion that the individual is involved in criminal activity. 3. Reasonable suspicion must be based on objective or specific facts known or observed by the officer prior to the contact and that the officer can later articulate in detail. Factors considered in determining reasonable suspicion for a Terry Stop: 1. The officer’s experience and specialized training. 2. The individual is located in proximate time and place to an alleged crime. Section 6.220 Social Contacts, Terry Stops & Arrests C. 3. The individual is in a location at a time of day or night that appears unusual for the norm. 4. The individual flees upon seeing an officer. 5. The individual is carrying a suspicious object, etc. The contact should be limited in duration, detaining the individual only long enough to confirm or dispel the officer’s original suspicion. 1. The detention and questioning shall be done in the general area of the original contact. 2. If the individual being questioned fails to accurately identify themselves or if information is gathered to further validate the officer’s suspicion, the detention may be extended. Officers may frisk or pat-down the stopped individual for dangerous weapons if the officer reasonably believes the suspect may have a weapon. a. D. IV. (1) Crime involving weapon. (2) Time of day and location of stop. (3) Prior knowledge that the individual is known to carry weapons. (4) Furtive movements. (5) Suspicious bulges, consistent with carrying a concealed weapon. Officers should always consider officer safety measures while conducting contacts and Terry Stops. 1. Advise radio. 2. Choose safe locations. 3. Request back up units if needed. Street Check A. V. The officer must have a separate, reasonable basis for this suspicion. Some factors considered by officers may include: The field interview still remains an important point of contact for officers in preventing and investigating criminal activity. Field interview contacts should be documented on a Street Check to provide other officers and detectives with information concerning suspicious activity. 1. A Street Check can be completed even if contact was not initiated. 2. Officers completing Street Checks shall submit them to a supervisor for approval. Terry Stops of Vehicles A. Police may stop vehicles based on the same standard for stopping people. One practice to avoid is stopping vehicles for minor traffic infractions as a pretext to investigate unrelated crimes for which the officer lacks reasonable suspicion. If the stop turns into an arrest, and the search reveals incriminating evidence, the defense may claim the original stop was pretextual. Successful claims may result in suppressed evidence and the case may not go forward (See State V. Ladson). B. Evidence obtained through a Terry Stop of a vehicle is acceptable as long as it was a result of reasonable suspicion that a crime occurred. C. All action taken in conjunction with a Terry Stop must be articulated in detail. This includes the nature and duration of the stop, any force used, recovery of evidence, handcuffing, or searches in the vehicle. Page 3 of 4 Social Contacts, Terry Stops & Arrests VI. Section 6.220 Types of Arrest A. Arrests with warrants. 1. B. C. Refer to DP&P - Warrant Arrests. Arrests without warrants 1. A person may be arrested without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in RCW 10.31.100 (misdemeanor presence rule). 2. Officers may make probable cause arrests for felony crimes. Administrative bookings 1. An administrative booking is when an officer makes a custodial arrest, fingerprints and photographs the suspect, and then decides to release the suspect prior to a physical booking. a. 2. When probable cause exists, officers should strongly consider booking a suspect who does not have a local criminal record. Suspects in this situation may be administratively booked if the crime involved is a low-level misdemeanor, which would not normally indicate a physical booking. Administrative bookings require the same level of probable cause as required to justify a physical booking. a. An officer may conduct an administrative booking in the instance of a traffic stop in which the officer can not verify the driver’s identity. b. The officer will transport the suspect to the King County Jail pre-book counter with a completed Superform. Advise the intake officer of the administrative booking, and standby while the jail staff fingerprints and photographs the suspect. Once completed, the suspect will leave with the officer. VII. Alternatives to Arrests A. In non-warrant arrest situations, and in the absence of a specific statutory duty, officers may exercise their discretion when determining to make a physical arrest or to seek alternatives to bookings. 1. Situations in which the suspect has been positively identified. 2. Incidents in which the suspect would not create a hazard to the community. 3. Consideration should be given to the suspect's employment stability, character and mental condition, length of residence in the community, prior conviction record, and the probability of the accused appearing in court. B. In certain traffic offenses, citations may be issued in lieu of a physical booking. C. In an arrest situation in which a physical booking is not mandated, officers shall refer the case to the courts by writing a General Offense Report. Page 4 of 4 1. Complete a thorough interview and identification of the suspect. 2. Screen with a supervisor if necessary. Seattle Police Department Policies and Procedures Title: Section 6.230 Chapter: 6 - Search and Seizure 230 – Tickets REFERENCES CALEA standards, 1.2.6, 44.2.1, 61.1.2, 61.1.13, 82.3.4, 82.3.7. POLICY Seattle Police officers and other personnel authorized by the Seattle Police Department shall have the authority to enforce the SMC and RCW through the use of Criminal Citations, Notice of Infractions and Parking Infractions. Employees are required to account for all tickets issued to them and are responsible for strictly following all procedures regarding the disposition of tickets within their possession. PURPOSE To establish Department policy for the issuing, ordering, control, cancellation, voiding, retention, and audit of Criminal Citations, Notice of Infractions, and Parking Violations. Click here to go to: P&T 038 - Tickets Effective Date: Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 6.235 Chapter: 6 - Search and Seizure 235 - Traffic Enforcement REFERENCES CALEA standards, 1.2.7, 61.1.1, 61.1.2, 61.1.5,61.1.6, 61.1.7, 61.1.8, 61.1.12, 61.4.1. POLICY The Department must enforce traffic laws, investigate traffic accidents, and direct traffic to facilitate the safe and expeditious movement of vehicular and pedestrian traffic. To enforce compliance with traffic laws and to develop driver awareness of the causes of traffic accidents, the Department appropriately warns, cites, or arrests traffic violators. Because traffic enforcement is a discretionary function, the decision as to which of these options should be applied rests with the individual officer; however, any decision must be objective and justifiable. I. II. Violator Contact A. Officer safety is the primary consideration in every traffic stop. Officers should minimize hazards by placing their vehicles and themselves in an advantageous position. The officer should approach the car with caution and work to minimize potential dangers from traffic and the area surrounding the vehicle as well as from within the vehicle. B. The officer’s demeanor with the violator shall be polite and decisive. An officer should be courteous in behavior, language and tone of voice. The officer should avoid any language designed to bait, ridicule or embarrass. Derogatory language or attempts to verbally bait the officer by the violator shall be ignored except that any such verbal harassment should be noted in the officer’s narrative on the reverse side of the citation. C. Officers shall follow the contact protocol outlined in DP&P - Social Contacts, Terry Stops, and Arrests throughout the contact with the violator to the extent that safety allows. D. The officer must appropriately warn, cite or arrest the violator. The officer will proceed in a positive, firm, and businesslike manner. When issuing citations or notices of infraction, Officers will explain the options available to the violator for disposing of the citation or infraction with the court and will identify to the violator the phone number that they may call to ask additional questions or make other arrangements with the court. Enforcement Policy A. Officers shall give primary attention to hazardous, “rules of the road” type violations. B. Equipment requirements shall be enforced with the goal of correction of the defect. C. Officers may issue as many citations as are required to handle multiple violations by an individual. Officers should consider addressing the most serious violations to avoid the appearance of “stacking” citations. Generally, if enforcement action is taken as a result of the traffic stop, a citation for the original violation should be issued. D. When determining the appropriate level of enforcement, officers may consider the violator’s understanding of a newly enacted statute. E. Except at the direction of the Traffic Commander, officers will not normally engage in “roadside safety checks” as an enforcement tool. Effective Date: 11/19/07 Page 1 of 2 Section 6.235 Traffic Enforcement III. IV. V. Warnings A. Warnings are an important component of the overall traffic enforcement program. Officers have the discretion to issue written warnings. Rather then imposing sanctions or ignoring a minor violation, officers should consider stopping the driver and calling their attention to the violation by issuing a Traffic Contact Report. B. This procedure increases the total number of officer/violator contacts and contributes to the overall accident prevention program. The Traffic Contact Report shall be used in all officerinitiated traffic stops when no Notice of Infraction is issued. C. The issuing officer shall complete all information required on the Traffic Contact Report at the time of the issuance and shall turn in all Traffic Contact Reports by the end of shift on the day that they are issued. Tickets A. The Washington Uniform Court Docket, Notice of Infraction shall be used to cite for violations of the traffic code, except as otherwise indicated. B. The officer shall not cite unless the identity of the violator is certain. C. The Washington Uniform Court Docket, Criminal Citation should be used in those situations: Where custodial arrest powers exist but circumstances do not require physical arrest and booking. 2. When booking direct for a criminal traffic offense. Arrests A. VI. 1. When making a physical arrest for a traffic crime: 1. Issue a Washington Uniform Court Docket, Criminal Citation, and 2. Complete a General Offense Report. B. If a subject is arrested and booked for any non-traffic criminal offense, they must also be booked for the traffic crime. C. See Training Topic 038, (Tickets) for additional information. Assisting Motorists A. When an officer observes a motorist who obviously is in need of assistance, the officer should stop and assist, if safe and practical to do so. The officer should take reasonable steps to ensure the safety of any persons or vehicles in the area. VII. Referral of Drivers Recommended for Reexamination A. All officers shall, upon suspecting a violator/licensed driver suffers from incompetency, physical or mental disability, disease, or other condition which might prevent a person from exercising reasonable or normal care in the operation of a motor vehicle, submit the subject’s name for driver license reexamination to the Department of Licensing. These submissions should be on a Recommendation for Driver’s Reexamination Form. VIII. Administration A. Page 2 of 2 In order to facilitate the effective allocation of resources to traffic enforcement, the Traffic Section Commander will conduct an annual analysis of traffic collisions and traffic enforcement activities, as well as an evaluation of the effectiveness of selective enforcement activities. This report will be provided to the Chief of Police via the chain of command and to the Operations Bureau 1 Commander, the Audit, Accreditation and Policy Commander, and to the Deputy Chief of Administration. Seattle Police Department Policies and Procedures Title: Section 6.240 Chapter: 6 - Search and Seizure 240 – Use of Force REFERENCES CALEA standards 1.2.2, 1.3.1, 1.3.2, 1.3.3, 1.3.5, 1.3.6, 1.3.8, 1.3.10. RCW 9A.16.040, 9A.16.020, 70.96A.120 PHILOSOPHY An officer’s decision to use force, particularly deadly force, is one of the most important decisions he or she makes as a law enforcement officer. The decisions of when, which type, and how the force is used are complicated and very often made in split seconds. Department training is critical and each year, through such courses as street skills and qualification, the knowledge, skills and techniques that an officer needs to be safe and to protect the public are taught or reinforced. The department has a duty and an obligation to provide the training and tools officers need in this area, since we are the only governmental employees empowered to use lawful force. The department has a responsibility to carefully monitor and review each use of force, to ensure that the force was within the parameters of our policies and law, and to ensure that lessons learned from real experiences are included in training. As an officer, you have a responsibility to maintain your proficiency and skills in using force and in proper arrest and control techniques. Your fitness, command presence, and thinking and planning tactically as you respond to calls can be critical in ensuring your safety and the safety of other officers and the public. Supervisors have an important responsibility in reviewing use of force situations and in correcting and coaching officers in this area. POLICY Officers may, in the performance of their official duties, use only the amount of force necessary and reasonable to effect the lawful purpose intended. When determining the necessity for force and the amount of force required, officers shall consider known circumstances, including, but not limited to, the level of threat or resistance presented by the subject, the danger to the community, and the seriousness of the crime. The use of force by officers is authorized by RCW sections 9A.16.020 Use Of Force – When Lawful; RCW 9A.16.040 Justifiable Homicide Or Use Of Deadly Force By Public Officer, Peace Officer Or Person Aiding; and RCW 70.96A.120(2) Peace Officer Duties. To the extent that the Department’s use of force policy may contain additional provisions not addressed in state law, such provisions are not intended, nor may they be construed or applied, to create a higher standard of care or a duty toward any person or to provide a basis for criminal or civil liability against the City, its officials or individual police officers. Violations of the policy may result in discipline. This policy applies to all Manual Sections dealing with the application of any level of force. I. Definitions A. Necessary: No reasonably effective alternative to the use of force appeared to exist, and the amount of force used was reasonable to effect the lawful purpose intended. B. Deadly Force: The intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury. (RCW 9A.16.010) C. Neck Hold: A general term for two different types of holds: Note: the use of neck holds is considered deadly force. Effective Date: 3/3/08 Page 1 of 7 Section 6.240 Use of Force 1. Bar-arm control hold: a hold that inhibits breathing by compression of the airway in the neck. 2. Carotid restraint hold: a hold that inhibits blood flow by compression of the blood vessels in the neck. D. Less Lethal Force: A level of force such that the outcome is not intended to cause death. Includes the Taser, the baton, the beanbag shotgun, OC spray, or other riot control agents. E. Physical Force: Any use of physical force other than that which is considered deadly or less lethal force, which causes an injury, could reasonably be expected to cause an injury, or results in a complaint of injury. This definition includes placing a subject into a “Full Restraint Position”. 1. F. Unless they fall within the definition outlined above, the following actions are not considered “physical force”: a. Unholstering a firearm while executing lawful duties. b. Escorting or moving a non-resisting subject. c. Handcuffing with no or minimal resistance. d. Approved crowd control tactics during demonstrations. Violent Felony: That felony in which a suspect uses physical force likely to result in serious bodily injury or is armed with a weapon, implies a weapon or threatens the use of a weapon. A violent felony includes, but is not limited to, the following offenses: Murder, Kidnapping, Assault in the first or second degree, Robbery, Rape in the first or second degree, Arson or bombing of an occupied structure, and Burglary in the first degree. G. Bodily or Physical Injury means significant physical pain, illness, or impairment of physical condition. (SMC 12A.02.150) H. Substantial bodily harm means injury which involves a temporary but substantial disfigurement, loss or impairment of any body part or organ, or which fractures any body part. (RCW 9A.04.110) I. II. Great bodily harm means injury which causes serious permanent disfigurement, loss or impairment of any body part, or which creates a probability of death. (RCW 9A.04.110) Medical Aid A. If needed, medical aid and/or emergency medical service shall be rendered as soon as possible after any use of force, and B. III. An on-duty supervisor shall be notified. Discharge of A Firearm at an Animal A. An officer may discharge a firearm at an animal when necessary in self-defense, defense of another person, or to provide for the safety of the general public. B. IV. An officer may discharge a firearm at an animal when the animal is so critically injured that humanity requires relieving it from further suffering, and an Animal Control officer is not immediately available. An officer should obtain prior supervisory approval, when practical, under these circumstances. Removal from Line Duty Assignment A. Any officer whose action or use of force results in substantial or great bodily harm shall be removed from line duty assignment until review of the incident is completed. V. Administrative Leave A. Any officer using or directly involved in the application of deadly force shall be placed on administrative leave with pay pending review; except that, in instances of firearm discharges at animals, a lieutenant or above shall review the circumstances surrounding the application of force and make the Page 2 of 7 Section 6.240 Use of Force determination to place the officer on administrative leave or return him/her to duty (DP&P - Officer Discharge of Firearm). VI. Use of Deadly Force A. Deadly force shall only be used when the suspect poses a threat of serious physical harm to the officer or a threat of serious physical harm to another person, and the officer reasonably believes that a lesser degree of force is inadequate. B. An officer may consider the use of deadly force in the following circumstances only when the officer has probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm or death to the officer or others. 1. C. To arrest or apprehend a person whom the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a violent felony. If a decision has been made to employ deadly force, the officer shall, whenever possible, identify him or herself and demand that the subject stop (example: “stop-police”). D. RCW 9A.16 establishes a higher standard for police officers than the private citizen in the application of deadly force. VII. Discharge of Firearms A. An officer shall not discharge a firearm on-duty or off-duty for other than lawful purposes. B. While engaged in the performance of their official duties, officers may discharge a firearm at a person when the use of deadly force is justifiable. C. An officer will not be criticized or disciplined by the Department for a decision not to employ the use of a firearm to arrest, apprehend, or prevent the escape of a suspect even though the use of a firearm is justifiable. D. Officers shall not fire warning shots. VIII. Discharge of Firearms From or At a Moving Vehicle A. Discharging a firearm from or at a moving vehicle shall only be done in the following circumstances and only when all other reasonable alternatives have been exhausted or deemed unacceptable. Firing at or from a moving vehicle can often only increase the risk of harm to other officers or citizens. Accuracy is severely impacted when firing from a moving vehicle; firing at a moving vehicle will have very little impact on stopping the vehicle. Disabling the driver will most likely only result in an uncontrolled vehicle, and the likelihood of injury to occupants of the vehicle (who may not be involved in a crime) is increased when the vehicle is either out of control or shots are fired into the passenger compartment. IX. 1. An officer shall not discharge a firearm from a moving vehicle unless deadly physical force is being used against the officer or another person by means other than a moving vehicle (e.g. fired upon), and the risks are outweighed by the need to use deadly physical force. 2. An officer shall not discharge a firearm at the driver, occupants, or a moving vehicle unless deadly physical force is being used against the officer or another person by means other than a moving vehicle, or, the moving vehicle poses an imminent and ongoing threat of substantial physical harm to the officer or another person from which there is no reasonable means to escape and the risks are outweighed by the need to use deadly physical force. Once the threat of the moving vehicle ceases, an officer shall not discharge his or her firearm. 3. Officers shall not intentionally place themselves in a vehicle’s path, to either the front or the rear. If they find themselves in danger from a moving vehicle, they shall attempt to move out of the way, if possible, rather than discharging their firearm. Firing at a moving vehicle will not, in most circumstances, stop the vehicle. Further, should the driver be wounded or killed, the vehicle may still continue in motion. Use of Neck Holds Page 3 of 7 Section 6.240 Use of Force A. The use of neck holds, such as the carotid restraint hold and the bar-arm control hold shall be considered deadly force. X. Use of Less Lethal Force A. An officer is justified in using less lethal force in circumstances where the officer reasonably believes that other force options would be ineffective or impractical. B. Less lethal force may be used to overcome a subject’s combative or active resistance. C. Only officers who have successfully completed a training course designated by the Commander of the Training Section in the use and deployment of less lethal weapons will be permitted to deploy such weapons. D. Only Department authorized less lethal options and equipment may be used. At this time, the M26 Taser, Department issued OC spray, impact weapons (including the expandable baton), and the beanbag round for the Remington 870 shotgun are approved for use by appropriately trained patrol officers. E. F. XI. Personnel assigned OC spray or the M26 Taser are authorized to use these agents or devices during Unusual Occurrences (UOs), consistent with Department policy, unless otherwise directed by a Supervisor or the Field Incident Commander. These agents or devices are not intended, nor are they effective, for use to control crowds. However, less lethal force, specifically OC spray (Oleoresin Capsicum) or other riot control agents, shall not ordinarily be used to overcome passive resistance by nonviolent and/or peaceful protesters, unless previously approved by the Field Incident Commander. 1. The Special Weapons and Tactics (SWAT) team, or designee, has the responsibility to deploy crowd dispersal chemical agents and/or less lethal devices during an Unusual Occurrence. The Field Incident Commander shall be given authority to direct the use of chemical agents and/or less lethal devices from the Event or Department Commander, who generally holds the minimum rank of Assistant Chief. 2. Each Precinct will maintain an emergency supply of chemical agents and less lethal devices to address an emergent life safety situation where there is insufficient time to obtain command approval or deploy the SWAT Team. The use of these agents and/or less lethal devices requires the approval of a Watch Commander. It is also required that any personnel using the agent or device has completed all requisite training, as established by the Department’s Training Section. Inventory control protocols and overall management of these emergency kits will be the responsibility of the Patrol Operations Bureau 1. Precinct management of each kit shall be assigned to the Precinct Commander, as delegated to the Watch and Operations Lieutenants. At all times, in the event of an immediate life safety situation where there is insufficient time to obtain command approval or deploy the SWAT Team, a sworn officer has the authority to use necessary force to address the life safety crisis. This use of force may include chemical agents and/or less lethal devices. Reporting the Use of Force A. Whenever an officer performing any law enforcement related activity uses physical force or less lethal force as defined in DP&P - Use of Force (on- or off-duty, inside or outside the City), the officer shall be required to complete a Use of Force Statement (form 9.27). XII. Responsibilities A. Officers 1. Notify an on-duty supervisor. 2. Complete a General Offense Report with an Officer Statement, if necessary, on the MRE and submit it for approval. 3. Notify a supervisor in person of the need to approve the General Offense Report and to route an Alert VMAIL. Page 4 of 7 Section 6.240 Use of Force 4. Complete a Use of Force Statement (form 9.27) with the following preface: “This is a true and involuntary statement given by me in compliance with Section 6.240 of the Seattle Police Department Manual.” NOTE: No other language will be acceptable. 5. B. Include the following information in the statement: a. A detailed description of the words and actions of the suspect warranting the need for force. b. A detailed description of the force used. c. A description of any apparent injury to the suspect, any complaint of injury, or the absence of injury. d. Documentation of the in-person supervisory screening. 6. Complete a Hazard Report (form 5.38) if the suspect combatively resists or is physically aggressive toward an officer and the officer is reasonably certain the suspect is attempting to overpower, disable, or injure them. 7. Submit the Use of Force Statement (form 9.27), Hazard Report (form 5.38), and Polaroid photographs to a supervisor prior to going off-duty, unless otherwise directed by a commander of the permanent rank of lieutenant or above. 8. When an officer uses force and a Use of Force Statement (form 9.27) is required, an in person screening of the incident by a supervisor must occur prior to the release of the suspect and must be documented in the General Offense Report. Supervisors 1. Review and approve all documentation and MRE reports submitted by the officer(s) prior to officer going off-duty. Verify the existence of the preface language required in XII (A) (2) above in all Use of Force Statements (form 9.27). 2. Upon approval of the General Offense Report in the MRE, the supervisor shall send a VMAIL to the HALERT handle providing them with the General Offense Number and a request to expedite the transcription of the report. 3. Take a Polaroid photograph of each suspect involved in a Use of Force reporting, including those juveniles arrested for gross misdemeanors or felonies. A photograph will be taken in each incident regardless of the presence or absence of visible injury. a. Take frontal and rear pictures of the suspect. A minimum of four pictures should be taken. (1) Minor wounds on the head and face tend to bleed a great deal. Be sure to take a picture before and after any aid is given. (2) If any disrobing is required, have an officer of the same sex as the suspect take the pictures if possible. If not, restrict the photographs to where no disrobing is required and thoroughly document the injuries in the Use of Force Supervisors Report (form 1.40b). Additional officer and subject information will be included on the Use of Force Officer Supplemental (form 1.40c), and the Use of Force Supplemental Subject Information (form 1.40d). 3. b. Take the photograph(s) of the suspect only by voluntary, non-coercive means. c. With incidents of a sensitive nature and/or where the injuries require more detailed photography, supervisors shall take both Polaroid and 35 mm photographs. d. When relevant, supervisors should photograph the scene where the force occurred. Label the Use of Force Polaroid photographs with the General Offense Number, suspect’s name, date and initials of the person who took the photos. a. 35 mm film should be marked and sent to the SPD photo lab with a proof sheet requested. Page 5 of 7 Section 6.240 Use of Force b. When the proof sheet is returned to the supervisor, it should be marked and initialed and then forwarded to the appropriate bureau chief to be included with the Use of Force packet. 4. Do not copy or retain any of the photos. Place all original photos in the confidential Use of Force packet. 5. Photograph and document any injury sustained by any officer, however minor. Complete the Investigating Supervisor’s Report of Employee Industrial Injury (form 2.22) if an officer is injured. 6. Complete the Use of Force Supervisors Report (form 1.40b) and required supplemental reports, for every use of force incident. The “Supervisor’s Summary of Incident” section of the form shall include the following: a. A brief description of the incident and arrest. b. A detailed description of the force used by the officer(s) and suspect(s). This will include physical aggression and resistance by the suspect(s) and any verbal statements and/or body language which are relevant. Use quotation marks when appropriate. c. A detailed description of all incident related injuries sustained by the officer(s) or suspect(s). This will include all visible injuries, complaint of injuries or lack of injuries to the suspect(s). (1) Include a SFD medic and/or hospital report and a brief summary of those documents. Include the names and phone numbers of medics, ambulance personnel and hospital staff who treated the suspect(s). (2) Document whether or not the suspect’s injuries are consistent with the description of the incident and force used. (3) If applicable, document the suspect’s decline of medical aid. d. List all witnesses, to include other officers at scene and transport officers. Gather contact information for all civilian witnesses. e. A detailed description of the actions of the investigating supervisor to include the following: (1) In-person screening at the location of the incident, when practical. (2) An interview of the suspect(s) to record the suspect’s description of the incident, observations of the suspect’s demeanor, injuries or lack thereof, and any statements. (3) A review of the booking charges, General Offense Reports, Officer Statements and Use of Force Statements (form 9.27). (4) Indicate if the force used by the officer(s) is within the Department’s Use of Force policy. 7. Prepare a Use of Force packet. Include the following: a. The original Use of Force Statement (form 9.27) b. The Use of Force Supervisors Report (form 1.40b), any supplemental reports if utilized, and the Use of Force Command Review (form 1.40e). c. Photographs d. Copies of all related PAPER reports 8. Forward the completed packet through the involved officer’s chain of command. 9. For those incidents that are of a sensitive nature or where serious injury has occurred, immediately forward a copy of the Use of Force packet to the Captain using an Alert tag. 10. The Use of Force packet shall then be forwarded through the chain of command to the involved employee’s Bureau Commander. XIII. Unusual Occurrences Page 6 of 7 Use of Force Section 6.240 A. The use of force during Unusual Occurrences shall be reported following the procedures of this section; however, the Chief of Police or his designee may direct alternative use of force reporting procedures consistent with legal and policy requirements. B. Any alternative reporting procedures shall be clearly defined, and the Field Incident Commander shall ensure that all personnel conform to the reporting requirements. XIV. Annual Analysis A. The Office of the Deputy Chief of Operations shall conduct a documented annual analysis of all reported uses of force by the Seattle Police Department. Page 7 of 7 Seattle Police Department Policies and Procedures Title: 6.250 Chapter: 6 - Search and Seizure I. Section 250 - Use of Non-SPD Canines Use of Non-SPD Canine Resources A. No dog belonging to an individual, agency, or group other than the SPD Canine Squad will be used for the purpose of assisting the Department except when: 1. The handler and dog: a. Have approval of the Canine Unit Supervisor, the Commander of the Metropolitan Section and the Assistant Chief of the Operations Bureau, or b. Are approved by the Commander or Assistant Commander of the Seattle Police Operations Center (SPOC) during an activation of the SPOC, and 2. A member of the SPD Canine Squad is at the scene and decides the use of that team is appropriate, and 3. The handler and dog are members of a law enforcement agency which has a reciprocal agreement with the Department, or 4. The handler and dog are members of the Federal Emergency Management Agency Urban Search and Rescue Team being used during a disaster. B. Under no circumstances will use of a dog and handler be approved when the SPD Canine officer at the scene decides the use of the dog is inappropriate or too dangerous. C. Final authority for continued use, different application, or termination of the activity shall be made by the ranking or senior member of the Metropolitan Section, or, during a SPOC activation, by the Commander or Assistant Commander of the Seattle Police Operations Center. Effective Date: 4/19/02 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 6.260 Chapter: 6 - Search and Seizure 260 - Vehicle Evidence & Seizures REFERENCES CALEA standards, 1.2.4, 61.4.3, 74.3.1, 84.1.8, 84.1.1. I. II. General A. State law allows the Department to seize vehicles used in certain crimes. Sworn employees may seize vehicles pursuant to State law. B. When an officer has probable cause to believe a vehicle constitutes, or contains, evidence of a crime, and impoundment is reasonably necessary to obtain or preserve such evidence; or when an officer has probable cause to believe the vehicle is stolen and it is necessary to hold the vehicle for evidentiary purposes, a Vehicle Report (form 5.5) shall be completed. C. Absent exigent circumstances, consent, or other legal authority, nothing in this section authorizes search or seizure of a vehicle without a warrant where a warrant would otherwise be required. Vehicle Evidence Processing A. Vehicles requiring evidence processing will be towed to the SPD Processing Room. All such impounds shall first be screened and approved by a Patrol supervisor. B. Officers shall complete a Vehicle Report to document investigatory impounds. 1. Approved reports will be forwarded to the Data Center. 2. A copy of the Vehicle Report must be included in the Alert packet that is forwarded to the appropriate follow-up unit. C. Officers shall follow the tow truck from the place of impoundment to the Processing Room, keeping the vehicle under observation. D. Place the 2nd and 3rd (yellow and pink) copies of the Vehicle Report on the windshield of the vehicle in the Processing Room. E. Once the vehicle has been transported to the processing room, officers should secure the processing room by closing all doors. F. The appropriate follow-up unit will be responsible for processing the vehicle at their earliest opportunity. In the event a search warrant is not obtained, the vehicle’s contents shall be inventoried (excluding contents of the trunk or any locked containers) the same day the search warrant process is vacated. Criminal Investigations personnel will complete this inventory. G. Once processing is completed, the follow-up unit will immediately release the vehicle unless the vehicle itself must be retained as evidence. H. If the vehicle must be held for prosecution or further investigation, it will be moved to a Department long-term vehicle storage facility whenever possible. Effective Date: 11/19/07 Page 1 of 2 Vehicle Evidence & Seizures III. Section 6.260 Vehicle Seizures A. When an officer seizes a vehicle, a General Offense Number (GON) shall be obtained, and a Vehicle Report completed. This applies whether or not a tow company is used to move the vehicle. 1. B. C. Page 2 of 2 Officers shall document the seizure by writing “Seizure” in the “Hold” block, and writing in the reason for the seizure in the “Reason For Investigation” block. Seized vehicles will be placed into a long-term storage facility whenever possible. 1. Officers should contact a Narcotics Sergeant or the Seizure Detective via the Communications Section to respond when seizing vehicles. 2. If a Narcotics Sergeant or Seizure Detective is not available to respond, officers should take the vehicle to the SPD Processing Room. Leave a copy of the Vehicle Report on the windshield and the keys in the vehicle. Notify the Seizure Detective that the vehicle is in the Processing Room. Vehicle seizures pursuant to Federal law will be made by the appropriate Federal law enforcement agency. Impound and storage fees will not be billed to the City. Seattle Police Department Section Policies and Procedures Title: 6.270 Chapter: 6 - Search and Seizure 270 – Vehicle Pursuits PHILOSOPHY It is the Department’s goal to save lives while enforcing the law. Pursuits present a significantly increased risk of injury or death to police officers, civilians, and suspects. Immediate capture of a criminal is a priority, but it must be weighed against the increased risks that accompany a pursuit. To accomplish these goals this policy is provided to control and regulate how officers undertake and perform pursuits. As a practical matter, it is rare that the need for a pursuit will be so compelling as to justify any extended pursuit. POLICY For the purposes of this Section, a pursuit exists when an officer initiates a vehicle stop and the driver resists the order to stop, increases speed and/or takes evasive actions, and/or refuses to stop. Once the driver refuses to obey the officer’s order, this policy and procedure takes effect. It is the policy of the Department that pursuits are permissible only when the need for immediate capture outweighs the danger created by the pursuit itself. Immediate capture shall apply to only the most serious incidents. The circumstances justifying the decision to pursue must exist at the time of initiation. The suspected crime of eluding will not, without additional circumstances, justify a pursuit. Pursuits for traffic violations, misdemeanors, gross misdemeanors and most property crimes, alone, are to be avoided; the infraction or criminal act will not, by itself, constitute justification for a pursuit, barring extraordinary circumstances. Examples of extraordinary circumstances include, but are not limited to the display of a weapon, or any situation where the suspect creates a clear danger to others. The extraordinary circumstance must be present prior to the time that a pursuit is initiated. Officers, supervisors or commanders will not be criticized or disciplined for either declining to initiate or deciding to terminate a pursuit. I. Initiation: A. Prior to initiating any pursuit, an officer must consider relevant factors, which may include: • • • • • • • • • II. Seriousness of the originating offense Road and weather conditions Whether the identity of the suspect is known Volume of car and foot traffic Visibility Location Capability of police equipment The officer’s own driving ability The officer’s familiarity with the area Operations: A. In any pursuit, only two marked units, not including one K9 vehicle, are authorized for active involvement. A supervisor may approve additional units, depending on the circumstances (number of suspects, suspect vehicles and officers in primary and secondary units). B. Units with civilian riders or passengers shall not participate in a pursuit, in any capacity. Effective Date: 11/9/07 Page 1 of 4 Section 6.270 Vehicle Pursuits III. IV. C. The risk that accompanies vehicular pursuits is significantly higher for motorcycle units; therefore, motorcycle units may initiate pursuits, but shall relinquish their pursuit to a marked police car as soon as practical. D. Unmarked cars shall not participate in pursuits. However, an unmarked car with emergency equipment may initiate a pursuit as a result of either the seriousness of an observed incident or their assignment (for example, a robbery stakeout), but will yield the pursuit to a marked unit as soon as possible. E. Ramming, the PIT maneuver, and roadblocks are prohibited as pursuit tactics. Some personnel in specialized units have been trained in techniques to terminate a pursuit. Only these personnel so trained annually may engage these techniques and only after obtaining the permission of a supervisor. F. Per RCW 46.37, all pursuing vehicles shall utilize overhead lights and continuous siren, and shall be operated with due regard for the safety of all persons. Responsibilities: A. The primary unit shall immediately advise radio that a pursuit has been initiated and shall update radio of all relevant details until relieved of this duty by the secondary unit. This shall include speed, direction, location, reason for pursuit, presence of foot and vehicular traffic, description of suspect vehicle and suspect(s). B. The secondary unit shall assume the responsibility for all radio transmissions listed above from the primary unit. This will allow the primary unit to concentrate on the pursuit itself. C. The supervisor of the pursuing officer(s) is responsible for the pursuit until its termination. This responsibility extends only to the question of whether the pursuit is within policy. In order to make this determination, the supervisor of the pursuing unit shall immediately establish radio contact with that unit and shall gather information regarding speed, location, direction of travel, conditions and crime suspected from the pursuing officer, as soon as possible after initiation of the pursuit. In the event that the pursuing unit’s supervisor is not available, any supervisor in the precinct of assignment shall establish supervisory control, as detailed above. The supervisor is not responsible for driver error. D. Communications shall immediately notify the supervisor and watch commander of the pursuit. If the supervisor of the primary pursuing unit is not available, the supervisor for an adjoining sector shall be notified and assigned. Termination: A. B. Pursuits shall be terminated when they are no longer reasonable. Generally, a pursuit will be considered unreasonable when the danger created by the pursuit outweighs the danger to the public if the suspect is not captured. While this determination is largely case by case, involving the same factors considered at the initiation of the pursuit, there are some circumstances which require the immediate termination of pursuit. These include: 1. Suspect driving the wrong way on a limited access roadway. 2. Pursuit entering a school zone during school hours. 3. Actions by the driver that present an unacceptable hazard to officers, the public, or the operator or passengers of the pursued vehicle. This may include factors such as speed, leaving the roadway, or other facts that inform the pursuing officers that the risks of continuation exceed the importance of capture. A supervisor, any higher authority, or the primary pursuing unit may terminate pursuits. Page 2 of 4 Section 6.270 Vehicle Pursuits V. Inter-jurisdictional pursuits: VI. A. SPD units must receive specific supervisory authorization to continue a pursuit outside the city limits of Seattle. B. When a SPD pursuit enters another jurisdiction, Communications shall notify the appropriate agency and request assistance. C. SPD units will not join in another agency’s pursuit that extends into Seattle without a supervisor’s approval. Reporting: A. At the conclusion of every pursuit, regardless of the outcome, the supervisor will complete a Supervisor’s Report of Vehicle Pursuit and forward it, along with any associated administrative reports, to the Chief of Police through the primary pursuing unit’s chain of command. This review shall include confirmation and details regarding supervisory controls exerted over the pursuit. B. An analysis of these reports shall be completed by the Deputy Chief of Operations on an annual basis. VII. Use of Stop Sticks A. Only officers trained in the use of tire deflation devices will deploy them. B. Tire deflation devices, such as the stop stick, may be used when the officer has probable cause to believe that an occupant of a fleeing vehicle has committed or is committing a crime, and when the risk of escape outweighs the risks inherent in using a tire deflation device. C. Except in emergencies, a supervisor should be notified of the intent to deploy a tire deflation device. The supervisor reserves the right to rescind the decision to deploy. D. The officer deploying tire deflation devices must communicate the location of the deployment to the primary pursuing officer(s). The tire deflation devices must not be used if the primary pursuing officer does not acknowledge the deployment. E. F The deploying officer will remain with the device until it is retrieved. The device is to be: 1. Retrieved as soon as possible to avoid unintended damage to police and civilian vehicles. After each stop stick deployment the officer shall collect any damaged stop stick sections for return to the manufacturer unless the device is required for retention by the evidence section (e.g. in the case of malfunction, or when unintended injury results from the deployment). 2. The officer will complete a Stop Stick Deployment Report (form 2.26), required for product replacement. 3. The officer will ensure that the used stop stick sections are replaced so that the unit is ready for the next deployment. Stop sticks are not intended for use on motorcycles. Use of Stop Sticks on a motorcycle will be considered use of deadly force. G. If a non-target vehicle sustains tire damage as a result of tire deflation device deployment, the deploying officer should assist the motorist in obtaining roadside assistance. Page 3 of 4 Vehicle Pursuits Section 6.270 H. Use of the tire deflation devices shall be noted in General Offense Reports and other applicable reports. Page 4 of 4 Seattle Police Department Section Policies and Procedures Title: 6.280 Chapter: 6 - Search and Seizure 280 - Warrant Arrests REFERENCES CALEA standards, 1.2.5, 74.3.1, 74.3.2, 81.2.9. I. General A. Only sworn police officers shall serve arrest warrants. B. When arresting a subject only for outstanding warrants, all warrants must be verified prior to booking. 1. C. II. Occasionally, an agency will request that the warrant be located in WACIC before they will send the warrant to the Jail. 1. Call the Data Center at 684-5426. 2. Ask that the warrant be “located”, and that the agency issuing the warrant be called and asked to send a copy of the warrant to the King County Jail. 3. Provide the Data Center with the SPD General Offense Number. Warrant Control A. B. III. When booking a subject on new charges, it is not necessary to clear warrants. The Department is responsible for holding, filing, and control on all Superior Court warrants issued against Seattle Police cases. 1. Felony warrants are located in the Data Center, 5th floor of the Seattle Police Headquarters. 2. Misdemeanor warrant records are maintained by Seattle Municipal Court (SMC). Other Superior and Municipal Court warrants are handled by the King County Sheriff. Warrant Verification A. Outstanding SMC warrants for an individual may be found in WACIC, but sometimes are found in the Municipal Court Information System Database (MCIS). The following steps should be followed to determine if the suspect has an outstanding warrant for his arrest: 1. If the officer receives warrant information back on the suspect then record the warrant number listed on the warrant hit. 2. The next step is to access the SPD In-Web (on the VMDT click “F7” then “CF3 Web”) and wait for the home page to load). 3. Proceed and click on the “Verify a Misdemeanor Warrant ” link. 4. Enter the warrant number in the box provided and click “search”. 5. The SMC Database will provide you with information for the requested warrant number and also any other warrants that match the suspect’s name and description. 6. Consider the following factors before deciding whether to verify the warrant: Effective Date: 11/15/07 Page 1 of 6 Section 6.280 Warrant Arrests 7. 8. a. Confirm the suspect in front of you matches details on the warrant. b. Make sure that the charge box lists an actual criminal charge for which a suspect can be arrested. c. Confirm that the title of the person who issued the warrant is a Seattle Municipal Court Judge, Pro-tem Judge or Magistrate. d. Verify that the bail amount is greater than $0 Dollars. No-bail warrants will be listed as such. Warrants with a $0 bail amount indicate problem warrants which will not be verified. To review the warrant(s) click on the “View all Warrants” link. a. If the officer wants to verify a warrant and book the person into jail, click on the “Yes, print all warrants to King County Jail” button. b. If the officer does not want to verify the warrant then click on the “No, return to Warrant Search results” button. SPD Data Center (#684-5433) is only for use if the VMDT system is not functioning. a. IV. V. Warrant Service Procedure A. After a warrant is verified, the suspect may be taken into custody and transported to a police facility or directly to Jail. B. The arrestee must be advised: 1. They were arrested under the authority of a warrant. 2. The nature of the warrant. 3. The amount of bail, if any. When an Arrestee Indicates They Can Post Bail A. If at any point prior to being booked into the King County Jail the arrestee indicates that they have the ability to post bail on a bailable warrant or charge, they must be allowed the opportunity to do so. 1. During business hours, persons arrested on SMC misdemeanor warrants can be taken to the payment window on the first floor of the Seattle Municipal Court to post their bail. 2. After business hours, persons arrested on SMC misdemeanor warrants will be taken to the bail window inside the main entrance of the King County Jail. They will not be taken to the pre-book or booking areas. 3. Persons arrested on other agency warrants will be taken to the bail window inside the main entrance of the King County Jail, 24 hours a day. a. VI. Verify felony warrants by telephoning the Data Center, 684-5426. King County will accept bail on all warrants except Enumclaw, Black Diamond, and Kent. When arresting a suspect from one of these 3 agencies, other arrangements must be made, such as a direct transfer to the other agency. When an Arrestee Cannot Post Bail A. If the subject cannot post bail on their warrant, they will be booked into the King County Jail. B. Upon arrival at the Jail, confirm that the Jail has received a copy of the warrant. Page 2 of 6 Section 6.280 Warrant Arrests 1. If the warrant has not arrived at the Jail, call the agency with whom the warrant was verified, advise them that the arrestee is at the King County Jail, and request that they send a copy of the warrant. VII. Transferring Prisoners Directly to Another Agency A. When an agency requests that an arrestee be transported somewhere other than the King County Jail, the request must be screened and approved by a sworn SPD supervisor. VIII. Directly From Another Agency A. In the interest of fostering a good rapport with other law enforcement agencies, requests to transfer a prisoner with a Seattle Municipal Court (SMC) warrant to Seattle Police custody will be accommodated whenever possible, as long as response time and safety are not adversely impacted. B. The transfer locations should be within the guidelines listed below. The transfer location can be modified with the approval of a sergeant. 1. North and South Precinct personnel will generally not go outside of King County to the north or south of the Orilla Rd./S. 188th Street exit on I-5. 2 East Precinct personnel will generally not go beyond the east end of the SR-520 bridge or east of Mercer Island on I-90. C. If the transferring agency takes the arrestee directly to a Seattle Police precinct, the Duty Officer or a patrol officer will process the transfer at the precinct. D. SPD’s goals when accepting a transfer are to book the arrestee without impairing officer safety, the safety of the arrestee or incurring unnecessary liability. If these objectives cannot be met, then the transfer may be declined. Whenever a decline is made a Watch Commander shall be advised. 1. The type of offense should be taken into account when considering a decline to transfer. Crimes involving violence or other threat to public safety should be accepted for transfer if possible. Some examples are: a. Assault, b. Domestic Violence related crimes, c. Crimes involving weapons. NOTE: The dollar amount of the warrant may be taken into account when considering the expenditure of Department resources. However, this should not be the sole determining factor in deciding whether to accept or decline a transport. 2. 3. Injured or combative arrestees will generally not be transferred to Seattle Police custody. a. Medical treatment should not be delayed to accommodate a transfer. b. For officer safety a combative arrestee should be directly transported to the jail. Arrestees who have a questionable pre-existing health condition (including pregnancy) shall be screened with the King County Jail Nurse (296-1214) before the transfer is agreed to. a. Under RCW 70.24 information regarding sexually transmitted disease, including HIV/AIDS, may not be discussed with another person without the permission of the person with the infection. b. Other contagious diseases may be discussed with those persons who have a need to know. Patient confidentiality should always be considered. Page 3 of 6 Section 6.280 Warrant Arrests c. E. Dispatcher Responsibilities 1. Obtain the following information: a. Arrestee’s full name and date of birth, b. Requested location and time of the transfer, c. Phone number of the agency or dispatch center requesting transfer. 2. Run the arrestee’s name and determine if the warrant is valid. 3. Advise the nearest patrol sector supervisor of the transfer request. a. 4. Contact the requesting agency by phone and screen the transfer request in accordance with the criteria in this Section. a. Ensure the transfer location and time is acceptable. 2. If the transfer is acceptable advise Communications to dispatch officers for the transfer. 3. If the transfer is not acceptable decline the transfer. a. Advise the Watch Commander and Communications immediately. Officer Responsibilities 1. Promptly respond to the transfer location. Advise Communications if there will be a delay. 2. Check for and ask the arrestee about any injuries, illness, or pre-existing medical conditions (such as pregnancy). 3. 4. 5. a. See Section VIII D. b. Contact a supervisor if the arrestee is injured, ill, or has a pre-existing medical condition. Obtain information about the circumstances about the arrest. a. Time and location of arrest. b. Reason for stop. c. Transferring agency’s case number, if any. Document the prisoner’s property on the Superform. a. Count prisoner’s money with arresting officer. b. Do not accept any evidence found by the arresting officer. Determine if arrestee can post bail. a. 6. Page 4 of 6 A minimum of two officers should be dispatched. Supervisor Responsibilities 1. G. The supervisor will contact the requesting agency and screen the transfer. The patrol supervisor has the final decision on accepting or declining the transfer, the number of units needed and the transfer location. Dispatch units if the transfer is authorized. a. F. A pre-existing health condition might require an extended hospital stay with a guard. If the arrestee can post bail refer to Section V. Promptly transport the arrestee to the King County Jail or the precinct. Section 6.280 Warrant Arrests 7. IX. Documenting a Warrant Arrest A. X. Complete a General Offense Report or Supplemental Report with “WarrarrMisdemeanor” or “Warrarr-Felony” listed in the Offenses block and follow routine arrest and booking procedures. Anytime a person is arrested on a State of Washington warrant, regardless of whether they are allowed to post bail, are booked into the King County Jail, or are turned over to another agency, the arrest shall be documented. B. In addition to all other arrest procedure requirements, the arresting officer will:1. For SPD warrants only, complete a Supplemental Report. 2. For SPD warrants with new charges, complete a General Offense Report with the new charges and the warrant information. Link the new report to the original General Offense Report and reference the original General Offense Number in the narrative. 3. For outside agency warrants, complete a General Offense Report.4. Complete a Superform for arrestees booked into jail, listing all verified outstanding warrants. A Superform is not necessary when an arrestee is allowed to post bail, or is turned over to another agency. Fugitive Warrant Arrests A. Warrant Verifier Responsibilities 1. B. Forward the NCIC hit to the Fugitive Warrants Squad handle and the Data Center – All handle via VMAIL. Officer Responsibilities – Out-of-State Felony Warrant Arrest Only 1. Obtain a new General Offense Number and complete a General Offense Report. List “Warrarr-Fugitive” in the Offenses block. 2. Complete a Superform including the statement of probable cause. a. C. Include the jurisdiction holding the warrant, date the warrant was issued, warrant number, charges, and bond information (if known). 3. Complete an Officer Statement. 4. Send the General Offense Report to a supervisor for approval and notify the supervisor directly. 5. Place any paper documents in an Alert packet addressed to the Fugitive Warrant Squad and hand deliver it to Data Center, 5th floor of the Seattle Police Headquarters. Officer Responsibilities – Out-of-State Felony Warrant Arrest with Other Arrest 1. Obtain a new General Offense Number for the warrant and complete a General Offense Report. List “Warrarr-Fugitive” in the Offenses block. Reference the General Offense Number associated with the incident/non-warrant arrest in the narrative. 2. Complete a Superform including the statement of probable cause. a. Include the jurisdiction holding the warrant, date the warrant was issued, warrant number, charges, and bond information (if known). 3. Complete an Officer Statement. 4. Complete a second General Offense Report for the incident/non-warrant arrest, link it to the warrant report, and reference the warrant General Offense Number in the narrative. Page 5 of 6 Section 6.280 Warrant Arrests 5. If you are booking the suspect for additional offenses, complete a Superform including the statement of probable cause for crimes associated with the incident. 6. Complete an Officer Statement. 7. Send the General Offense Report to a supervisor for approval and notify the supervisor directly. 8. Place any paper docuements in an Alert packet addressed to the Fugitive Warrant Squad and hand deliver it to Data Center, 5th floor of the Seattle Police Headquarters. NOTE: If you are not booking the suspect for the other offense(s), a second Superform is not necessary. However, a second General Offense Report is required. D. Page 6 of 6 Supervisor Responsibilities 1. Immediately review the General Offense Report and, after approval, route it for transcription as normal. 2. Send a VMAIL titled “Alert Packet” to the Fugitive Warrants Squad handle and the Records transcription handle. The VMAIL will contain the General Offense Number. Seattle Police Department Policies and Procedures Title: Section 7.010 Chapter: 7 - Evidence and Property 010 – Converting Property/Evidence for Department Use REFERENCES CALEA standards, 84.1 & 17.5. POLICY The Seattle Police Department will convert or retain evidence and found property, that is not needed in a judicial proceeding and where there is no owner known, for Department use as provided by the RCW and the SMC. Property will only be converted for use or trade after a thorough, documented investigation and approval process has taken place. I. Justification A. B. II. An employee of the Seattle Police Department who wishes to convert evidence or found property for Department use will document on a Memorandum to their immediate supervisor the following: 1. A detailed description of the item 2. The intended use of the item. Indicate if the item is to be used or traded. If the item is to be converted for trade, the requestor must indicate the item that will be received in the trade and complete information regarding the vendor. If the item to be traded is a firearm, the purchaser/vendor must possess a valid Federal Firearms License (FFL). A copy of the vendor’s FFL must be attached to all accompanying conversion paperwork. 3. How converting the item for Department use will further the mission of the Seattle Police Department. The requestor’s immediate supervisor will review the Memorandum and determine whether conversion is justified. The supervisor will indicate approval by signing the Memorandum. Evidence Notification A. Once the justification for conversion has been approved, the requestor will send a copy of the Memorandum to the Evidence Unit. The requestor will include their phone number and unit number on the copy sent to the Evidence Unit. 1. The Evidence Unit officer assigned to investigate property conversion will maintain a file of these Memorandums. 2. The Evidence Unit will complete a search for the requested item. If the item is found and in the status of ‘Release to Director’ the requester will be contacted by the Evidence Unit. If the item is not currently in possession of the Department, the Evidence Unit will include the item on a ‘watch list.’ 3. If the item becomes available the Evidence Unit will notify the requestor. When several individuals are requesting the same item, the Evidence Unit will notify the requestors on a ‘first come, first served’ basis. a. Effective Date: 11/19/07 The requestor must respond to the Evidence Unit and inspect the item sought for conversion. At that time the requester will obtain a complete description of Page 1 of 3 Converting Property/Evidence for Department Use Section 7.010 the item sought for conversion including make, model, serial number and the related General Offense Number. b. III. Investigation and Approval A. If the requester decides to convert the property identified by the Evidence Unit, they will complete the required information on the Property Conversion (form 12.3a). B. The requester must then take the Property Conversion (form 12.3a) with them and have their chain of command approve the conversion by signing the form. C. The requester will then send the approved Property Conversion (form 12.3a) to the Evidence Unit detective who will begin the investigation. D. The investigation will be documented on the Property Conversion Investigation (form 12.3b). An investigation will be completed on the property sought for conversion to determine that the property: 1. Is not needed in a judicial proceeding, 2. Is not listed as a missing or stolen item, 3. Does not have a known owner who has a legal right to have the property returned to them. E. The Evidence Unit officer assigned to investigate the conversion of property will adhere to the guidelines set out in the Evidence Unit manual regarding the conversion of property. F. Once the Evidence Unit officer completes the investigation they will send the completed packet to the Deputy Chief of Administration through their chain of command. The approval process will insure that the Department is adhering to statute and Department policy in property conversion practices. The Evidence Unit officer’s chain of command will review the paperwork and will deliver it to the Deputy Chief of Administration. If a person in the Evidence Unit officer’s chain of command does not approve of the conversion, they will contact the Evidence Unit officer with their concerns. 1. IV. The requestor will be given 10 days to respond to the Evidence Unit and determine if they intend to begin the conversion process. If the requestor does not respond within the 10 days the Evidence Unit will notify the next person on the list who is looking for the specific item. The Deputy Chief of Administration will review the packet and notify the Evidence Unit officer that the conversion has been approved or denied. If the Deputy Chief of Administration approves the conversion, they will send the completed packet to the Director of Fiscal, Property and Fleet Management. If denied, the packet will be sent to the Evidence Unit officer who will notify the requestor of the status of the conversion. Fiscal, Property and Fleet Management A. The Director of Fiscal, Property and Fleet Management will review the conversion packet received from the Deputy Chief of Administration. 1. The Director of Fiscal, Property and Fleet Management will forward the approved packet to the Quartermaster Unit. 2. The Quartermaster will assign a “retain number” property tag for each item approved and enter the number in the approved packet. The converted property will be entered into the Quartermaster’s inventory. a. Page 2 of 3 The “retain number” will be entered on the approved packet, and the property tag will be attached to the packet. Converting Property/Evidence for Department Use V. b. A log will be maintained of all assigned numbers. The log will contain the date, General Offense Number, item description, unit, and contact person. c. The approved packet and attached property tags will be hand delivered to the Evidence Unit officer. Evidence Unit A. The Evidence Unit officer will contact the requestor and inform them the property is ready for pick up. 1. A supervisor of the requesting unit must respond to the Evidence Unit and sign for the property on the Property Conversion Investigation (form 12.3b). 2. The property tag will be physically attached to the item. 3. The signed and completed Converted Packet will be returned to the Fiscal Unit. a. VI. Section 7.010 The Evidence Unit will assign an estimated value of the property on the Property Conversion (form 12.3a). Fiscal Unit A. The Fiscal Unit will enter the converted/retained property number, description, unit, and estimated value in the Summit Fixed Asset System (FAS). The FAS assigns a unique Asset ID number for each item entered. The Asset ID number will be recorded on the Property Conversion (form 12.3a). 1. The Fiscal Unit will retain the completed packet for 5 years plus the current year of all items except for firearms. The paperwork for converted firearms will be permanently retained. 2. Fiscal will submit an annual report of all converted/retained property to the Mayor's Office. VII. Unit Inventories A. The commander of a unit receiving converted property will record the property in the unit inventory. When a new commander is assigned to a unit, the incoming and outgoing commanders will perform a joint inventory of the unit that will be reconciled with the Quartermaster’s inventory. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 7.020 Chapter: 7 - Evidence and Property 020 – Evidence, Private Property Collection & Release REFERENCES CALEA standards, 84.1.8, 83.3.1, 83.2.1, 83.3.2, 84.1.1, 84.1.2 RCW 7.69.030 & RCW 9.68A.120 POLICY This Department will make every reasonable effort to recover lost or stolen property, to identify rightful owners, and to ensure its prompt return. Recovered evidence will be handled in a manner to ensure a successful investigation and prosecution of the suspected crime. All evidence shall be handled, packaged, and submitted per the guidelines in the on-line WSP Physical Evidence handbook, SPD Evidence Packaging Guide and the SPD After Hours Evidence Submission manual. In the event of inadvertent conflicts between these documents, the SPD Evidence Packaging Guide shall be the controlling document. While handling evidence and property, officers will follow exposure control procedures when necessary (See DP&P 1.265a-Exposure Control). I. Guidelines A. Employees shall not retain any found property or evidence that has come into their possession through the course of their official duties for personal use. B. Once an employee has taken possession of an item, the item must be placed into the Evidence Unit or other authorized evidence storage area as soon as possible, but no later than the completion of the employee’s shift. C. Information concerning collected items or property shall not be inappropriately disclosed to those outside the criminal justice system. D. The Seattle Police Department has legal authority to take certain types of property into possession (RCW 63.21.050). The property must meet one of the following criteria to be taken into possession. E. 1. There is reasonable suspicion that the property is evidence of a crime. 2. Any item that is dangerous or illegal to possess or presents a danger to the public. 3. Found property where the owner is known or it is reasonably believed that the owner can be located. 4. Any item of found property that has an apparent value over $25.00. Property may be ‘detained’ while the officer investigates the circumstances and screens for the listed criteria. Once the property is taken into possession, it must be placed into the Evidence Unit. The release of these items is closely regulated by statue; therefore, officers are encouraged to screen items carefully prior to taking possession of any property. Effective Date: 11/16/07 Page 1 of 7 Evidence, Private Property Collection & Release Section 7.020 II. Physical Evidence – General Procedures A. The Seattle Police Department will generally adhere to the guidelines set by the Washington State Patrol Crime Laboratory Division’s Physical Evidence Handbook for collecting, packaging and storing evidence. The Evidence Unit, WSP Crime Laboratory or the proper follow up unit may be contacted with questions about evidence handling. B. C. Identifying Evidence and Chain of Custody 1. When evidence is located, the officer will note the location and condition of the item. If the officer chooses to photograph the item, it should be done prior to moving the evidence and should include a scale reference (small ruler). As soon as the evidence is taken into possession, the finder will label the item listing their name, serial number and General Offense Number. The item should be retained by the officer who recovered it until it is submitted into evidence. The chain of custody must be documented on the General Offense Report. 2. When evidence is collected specifically for the purposes of testing or comparison, similar materials or substances from a known source should be collected and submitted for comparison purposes. The collection of known samples is a critical component of the evidentiary process. Types of evidence requiring samples for comparison may include hair, fibers, fabrics, paint, glass, wood, soil, tool marks, shoes and blood. Labeling and Packaging 1. 2. Barcoded Evidence Label a. The barcoded evidence label is used to document and identify the item as evidence. b. Each individual item of evidence requires a barcoded evidence label. c. The barcoded evidence label may be attached directly to the item or to the item’s packaging. Care should be taken so that attaching the label directly to the item doesn’t damage the item. d. The Evidence Unit will not accept an item that is not properly labeled or documented. e. Narcotics and currency envelopes require a barcoded evidence label. Additional fields printed on the envelopes must also be completed. Packaging a. 3. Marking a. 4. An item should be packaged in a manner that does not diminish its evidentiary value. Refer to the Washington State Patrol Physical Evidence Handbook or the SPD Evidence Packaging Guide for proper packaging techniques or call the appropriate follow up unit or Evidence Unit. The ‘marking’ of evidence should not be needed if the item is properly labeled and packaged. If an item is to be marked, the mark should be small, legible and distinctive. The marking should not diminish the value of the property and not be easily duplicated. A recommended procedure is for officers to use their own initials for marking evidence. Sealing a. Not all items are required to be in a sealed package. b. To seal evidence packaging, use only clear packing tape provided by the Evidence Unit or Quartermaster. Initial across the sealed opening. c. When completing the Property Report, indicate the item is sealed by including one of the codes listed below in the Description field. SSSC = Sealed Sack Said to Contain Page 2 of 7 Evidence, Private Property Collection & Release Section 7.020 SESC = Sealed Envelope Said to Contain SBSC = Sealed Box Said to Contain SNESC = Sealed Narcotic Envelope Said to Contain SNBSC = Sealed Narcotic Box Said to Contain SCESC = Sealed Currency Envelope Said to Contain SADBSC = Sealed Air Dry Bag Said to Contain SCSC = Sealed Can Said to Contain SPSC = Sealed Package Said to Contain SPBSC = Sealed Plastic Baggy Said to Contain D. Checking out evidence E. 1. When an employee checks out evidence from the Evidence Unit, they are personally responsible for that evidence until it is turned over to the court, returned to the owner, or returned to the Evidence Unit. 2. The officer must provide the Evidence Unit with the court cause number from the subpoena regarding the case the evidence is needed for and complete any other documentation that is required by the Evidence Unit. The court tracks submitted evidence by cause number and not by the SPD General Offense Number. The only way for the department to track these items once they are turned over to the court is through the cause number. 3. When evidence is left with the prosecuting attorney in court, the officer or investigator who checked out the evidence shall have the prosecutor sign the pink copy and print their name and Washington State Bar number on the Receipt for Evidence (form 13.2). The officer or investigator must immediately return one copy of the Receipt for Evidence to the Evidence Unit while the other copy remains in court with the item(s). Laboratory processing of evidence 1. The primary investigator assigned to the case shall make the determination to submit an item of evidence to the WSP Crime Lab. 2. Any items to be submitted to the lab shall be packaged according to guidelines published in the WSP Physical Evidence Handbook. The Request for Laboratory Examination shall be completed by the investigator and submitted with the item. 3. The Evidence Unit will arrange the delivery and pick up of items to and from the laboratories. All standard documentation of evidence transfers shall apply. 4. A form letter requesting written examination results shall be attached to the Request for Laboratory Examination. III. Special Physical Evidence A. Dangerous/Hazardous Evidence (See DP&P – Bomb Threats and Explosive Devices and DP&P – Hazardous Conditions). 1. B. When officers encounter evidence related to biohazards, chemicals, or explosives, they will follow department procedures for notification and response. The Evidence Unit will not accept dangerous/hazardous material unless it is first screened by the specialized unit that deals with these items. If these items are brought to the Evidence Unit without prior screening, the Evidence Unit will refuse the item and initiate a Haz-Mat or Bomb Threat response. Unknown Items Page 3 of 7 Evidence, Private Property Collection & Release C. Section 7.020 1. Due to facility and personal safety concerns, the Evidence Unit will not accept unknown items unless a search warrant to open or examine the item is being obtained. This includes, but is not limited to: locked safes, briefcases and luggage. Officers and Detectives should contact the Evidence Unit before bringing these types of items. 2. If the Evidence Unit is not contacted regarding the status of a search warrant within 3 business days, the item will be administratively opened and inventoried. This should not be construed as a method to avoid obtaining a search warrant when legally required. Special Physical Evidence Procedures 1. Ammunition (See DP&P – Bomb Threats and Explosive Devices) a. 2. The Evidence Unit will take ammunition smaller than .50 caliber. If officers encounter a large quantity of ammunition and want to place it into evidence, they should screen the incident with the Evidence Unit. Boats (See DP&P – Boating Accidents) a. If probable cause exists to believe that the boat constitutes evidence of a crime or contains evidence of a crime, the officer will: (1) Complete the Vessel, Watercraft, or Obstruction Theft and Impound Report (form 5.42). (2) Notify the Harbor Patrol Unit to arrange for the boat to be towed. All impounds will be stored at the Harbor Patrol Unit boat shed on Lake Union. 3. Cash (See DP&P – Evidence Money Submission) 4. Cellular phone/pagers 5. a. All cellular phones and pagers must be turned off prior to being placed into evidence. b. When completing paperwork, document the item’s phone number (with area code) as an owner applied number. Computers a. If there is a question as to how to take a computer into evidence, the officer should call the Computer Forensics Unit or the Evidence Unit. 6. 35 mm film, Polaroid’s Advanced Photo System (APS) film, digital images and video images. (See DP&P -Film, Polaroid and Digital Images) 7. Firearms (See DP&P – Firearms as Evidence). 8. Fireworks (See DP&P – Fireworks Disposal and Disposition). 9. Knives a. If the knife will not be processed for biological evidence or for latent prints, the blade of the knife should be covered to prevent injury during handling. 10. Large Items a. Large or heavy items should be screened with the Evidence Unit to determine if alternative storage is required. 11. Narcotics (Note: the term “narcotics” is meant to include all controlled substances, for the purposes of this section.) a. Page 4 of 7 Seized narcotics will be packaged using a “Narcotics only” envelope (form 9.17) and must be weighed on a digital scale prior to being packaged. The majority of narcotics submitted as evidence will fit into a narcotics envelope. Narcotics that will not fit into the envelope will be packaged and sealed according to the on-line evidence packaging guidelines, located on the Evidence, Private Property Collection & Release Section 7.020 SPD In-Web. Narcotics that are going to be submitted with the packaging they were recovered in will be weighed with that packaging. If the officer places the narcotics in additional packaging, the narcotics will be weighed before being placed in additional packaging. If the narcotics are going to be removed from the original packaging and the packaging is not going to be included in the narcotics envelope, the narcotics will be weighed without the packaging. Narcotics should not be packaged in the container they were recovered in, such as film canisters or tin mint boxes. If the container is to be tested for trace evidence it should be packaged separately in a sealed envelope the same way that paraphernalia is packaged. (1) Weighing and packaging procedure: i. A digital scale and printer will be located in each precinct, the Narcotics Section and the Evidence Unit. The scales will weigh items from 0.1grams to 2100 grams. It is important that items heavier than 2100 grams, or approximately 4.6 lbs., not be placed on the scale pan or damage to the scales may occur. The Equipment and Facilities Coordinators will maintain the scales and printers. If a scale is not functioning the evidence must be transported to a working scale to complete the procedure. ii. Turn the scale on by pushing the on/off button and wait for the word ‘Stable’ to appear in the upper left-hand corner of the scale display. The scale should read ‘Weight 0.0 grams’. iii. Place the narcotics on the scale pan, making sure that nothing else is touching the pan. If the narcotics to be submitted are wrapped in packaging (for example, in a paper bindle or wrapped in plastic) weigh the narcotics in the packaging material. iv. Once the narcotics have been placed on the pan, wait for the measured weight to show on the display and ‘Stable’ to appear in the upper left-hand corner. Once the stable weight appears, press the ‘print’ button on the scale. v. Once ‘print’ has been pushed the printer will produce a receipt that records the time and date, the scale balance ID number, the ‘user number’ which indicates the unit the scale is assigned to, and the weight of the narcotics in grams. vi. Advance the receipt by pressing the ‘feed’ button on the printer until the printout can be read. Tear the receipt off. vii. Complete the front of the narcotics envelope using a ballpoint pen. viii. The white copy of the receipt will be placed in the narcotics envelope with the seized narcotics. Make sure that the receipt faces out the backside of the envelope and can be clearly read. The officer may retain the yellow copy of the receipt for later reference. ix. Seal the envelope by removing the protective strip and folding over the adhesive flap. Once the envelope is sealed the person who sealed it will initial the box on the sealed flap. Submit the item to evidence per established procedure. x. Record the serial number of the envelope in the Cross Reference field of the Drug Item screen and the recorded weight of the narcotics in the Quantity and Unit fields of the Drug Item screen. 12. Needles/syringes a. The Evidence Unit will generally not accept a syringe. Officers should review the handling of syringes as described in DP&P – Exposure Control. 13. Vehicles (See DP&P – Vehicle Evidence and Seizures). IV. Found Property Page 5 of 7 Evidence, Private Property Collection & Release Section 7.020 A. Under state law (RCW 63.21), a citizen has the right to make a claim to certain types of found property. If the finder complies with legal procedures, the finder may obtain ownership of the property. The Seattle Police Department will handle the disposition of found property on a General Offense Report. List “Property-Found” in the Offenses block and fill out the Found Property Template. B. A citizen can not make a claim to found property if any of the following circumstances apply: 1. The property’s owner is known. a. 2. The property is illegal to possess. a. 3. A found vehicle will be handled on a Vehicle Report (form 5.5). Found boats and boating equipment may be treated as found property. If a boat is the found item, the Harbor Patrol Unit has responsibility for safekeeping and follow-up. The finder is a government employee at work. a. C. If the found property is illegal to possess, a General Offense Report will be completed. List the finder as a witness and place the item into evidence. Civilian employees will not take possession of illegal items, but will call a police officer to respond to their location to recover the property. A found motor vehicle. a. 4. If the owner of found property is known, a General Offense Report will be completed and the officer will try to contact the owner and return the property. If the owner cannot be contacted or it is impractical to return the property to the owner, the officer will place the property into evidence. The Property Release Notice (form 13.9), provided by Evidence, should be mailed to the owner. The officer will sign the Property Disposition Authorization (form 1.17), authorizing the Evidence Unit to release the property to the owner. If a government employee finds the property while at work, complete the General Offense Report and place the item into evidence. If the property is eligible to be claimed, ask the finder if they wish to make a claim on the property. Complete the General Offense Report. If the item is estimated to be over $25.00 in value, the property must be taken into custody and placed into the Evidence Unit. If the value is $25.00 or less, the finder may have the option of keeping the property. Instruct the finder to carefully read the ‘Notice To Finders.’. D. The Burglary and Harbor Patrol Units will complete the appropriate follow-up on found property. E. Found Narcotics 1. Found narcotics with no suspect information may be reported on a General Offense Report. When narcotics are submitted as found property, complete a Property Disposition Authorization (form 1.17) at the Evidence Unit. Found narcotics must be packaged in a Narcotics Envelope. V. Safekeeping A. If an officer arrests and books a person into the King County Jail and they have property that the Jail will not take, and this property is not contraband or evidence, the officer may place the property into safekeeping at the Evidence Unit. 1. When prisoner property is refused at the Jail and must be kept for safekeeping, the transporting officer will complete a SKO Tag (form 12.8) a. 2. Page 6 of 7 A tag is required for each item you will be submitting to the Evidence Unit. Detach the top copy of the SKO Tag and give it to the jail staff. This notifies the property owner that SPD has their property and that we will hold it for them for 60 days. It also provides them with contact information for the Evidence Unit. Evidence, Private Property Collection & Release 3. Section 7.020 Complete a Property Report and place a barcoded evidence label on the back of the second copy. Attach the second copy to the item and submit it to Evidence. a. SKO items may now be listed on the same Property Report as evidence items submitted under the same General Offense Number. b. Money and perishable items will not be accepted for safekeeping. Money shall remain with the arrestee. Perishable items should be documented, and then discarded. VI. Releasing Evidence A. Evidence should be released once it has been determined that it is no longer needed. Evidence will be released using the Property Disposition Authorization (form 1.17) or, if being returned to the owner, a direct signature to Release of Evidence (form 13.1) by the authorizing Officer/Detective will suffice. B. The Property Disposition Authorization gives three options: “Release to Owner”, “Release to Director”, and “Do Not Release”. 1. If the item is legal to possess and a person is able to show reasonable proof of ownership, the item must be released to the owner. a. C. To release property to the legal owner, a Property Release Letter (form 13.9) will be completed and sent to the owner by the officer or detective wishing to release the property to the owner. The owner must pick up the property in 60 days or the property will be turned over to the Director for final disposition. Complete a Supplemental Report to document the actions taken to notify the owner. Forward a copy of the Property Release Letter to Data Center.. An owner may be notified by telephone but that alone will not satisfy the RCW requirement. Notification must also be made in writing. 2. If the item is contraband, the owner cannot be identified, or the court directs another release, the item will be released to the Director. 3. If an employee receives a request to release the property and the item is still needed, mark ‘Do Not Release’ and note the reason on the Property Disposition Authorization. If the form is not returned within 30 days of being sent out, the director will automatically dispose of the listed property. Release of evidence by other than an involved officer 1. If the arresting officer is unavailable to release evidence or property (for example if they are on extended sick leave, retired, resigned, etc.), the arresting officer’s sergeant or above will be responsible for the release of the evidence. D. Release of Firearms 1. Prior to completing the Property Disposition Authorization (form 1.17) the person completing the form shall: a. Attempt to obtain a Washington DOL registration for the firearm. b. Check WACIC/NCIC to verify that the firearm is not listed as stolen or missing. c. Print out all of the results of the queries and forward them to Data Center or attach the results to a General Offense Report or Supplemental Report. 2. If a registration, stolen, or missing hit is found the officer must attempt to locate the owner of the firearm. All attempts to locate the owner shall be documented on a General Offense Report or Supplemental Report. 3. The Evidence Unit will check the owner’s status to legally possess a firearm through the Records Section prior to releasing a firearm. Page 7 of 7 Evidence, Private Property Collection & Release Section 7.020 1. Prior to completing the Property Disposition Authorization (form 1.17) the person completing the form shall: a. Attempt to obtain a Washington DOL registration for the firearm. b. Check WACIC/NCIC to verify that the firearm is not listed as stolen or missing. c. Print out all of the results of the queries and forward them to Data Center or attach the results to a General Offense Report or Supplemental Report. 2. If a registration, stolen, or missing hit is found the officer must attempt to locate the owner of the firearm. All attempts to locate the owner shall be documented on a General Offense Report or Supplemental Report. 3. The Evidence Unit will check the owner’s status to legally possess a firearm through the Records Section prior to releasing a firearm. Page 8 of 8 Seattle Police Department Policies and Procedures Title: Section 7.030 Chapter: 7 - Evidence and Property 030 – Film, Polaroid, Digital & Video Imaging POLICY Seattle Department employees will ensure that imaging evidence be collected and stored properly to maintain the proper chain of custody, and the integrity of the collected material. I. II. Guidelines A. The Seattle Police Department currently uses Polaroid Cameras, Film Cameras, Digital Cameras, Analog Video Cameras, Advanced Photo System (APS) Cameras and Digital Video Cameras. Each piece of equipment uses its own “storage medium” (e.g. 35 mm film, Polaroid Film, Digital image memory cards, computer storage disks, and videotape). B. If the camera has the capability to display date and time, turn this feature off so that the date and time does not show on the image. C. Do not delete images off a digital memory card or a computer storage disk. Submit the card or disk unaltered. D. Only one General Offense Number will be associated with an individual storage medium. E. In order to conserve network computer disc storage and to preserve the original image file, images will not be downloaded or copied onto a Department network computer. The Photo Lab will supply a working copy of any specific images. A commander must get approval from the Photo Lab Supervisor if images for evidence need to be downloaded to a network computer. Still Images A. Images created by a department employee to be used as evidence in an investigation. 1. Polaroid pictures, 35 mm film, Advanced Photo System (APS) film, computer storage disks and digital memory cards will be routed directly to the Photo Lab using the appropriate Photographic Evidence Envelope via department mail, or hand delivered during normal business hours. The Photographic Evidence Envelope must be filled out completely. 2. If a digital memory card or computer storage disk is submitted, the images will be downloaded and stored by the Photo Lab and the card or disk will be returned to the person who submitted it. 3. Images or storage mediums will be entered into the Property Report with the Property Status “SPD Photos.” Do not create a barcode for them or list them as evidence. B. Images or storage medium that have been obtained as an item of evidence, that were not created by a SPD employee, will be submitted to the Evidence Unit. C. Images and storage mediums will be submitted to the Evidence Unit or Photo Lab no later than the employee’s end of shift. D. Polaroid pictures taken for ‘use of force’ will be routed with the Use of Force packet to the appropriate Bureau Chief. E. Polaroid pictures taken at officer involved traffic accidents will be routed to the Safety and Health Specialist. Effective Date: 11/16/07 Page 1 of 2 Film, Polaroid, Digital & Video Imaging III. IV. Section 7.030 Video Images A. All video evidence, whether created by the employee or collected as an item of evidence, must be submitted to the Evidence Unit using the Video Evidence Envelope. B. The Video Unit will provide a working copy of the video image at the request of the officer. Authorized Camera Equipment A. Page 2 of 2 The Photo Lab will maintain a list of all authorized photographic equipment and supplies. The Photographic Services Supervisor or the Video Unit Supervisor must approve the purchase or conversion of any photographic equipment or supplies for Department use. Seattle Police Department Policies and Procedures Title: Section 7.040 Chapter: 7 - Evidence and Property 040 - Fingerprints REFERENCES CALEA standards, 83.2.1, 83.2.3. PURPOSE To establish the policy and procedures for locating, lifting, and processing latent fingerprint evidence from crime scenes and to direct the procedure for obtaining and handling fingerprints from known individuals. POLICY The Seattle Police Department places a high value on fingerprint evidence because it has the potential to link a single individual to the crime scene. The Department will endeavor to identify, collect and analyze this evidence in accordance with established standards and procedures, in order to ensure that the value of the evidence is not diminished. I. II. General A. All sworn employees of the Department will possess the knowledge and training necessary to properly process crime scenes for fingerprints. B. The Department will provide fingerprint-processing equipment to employees required to process crime scenes. Sworn employees shall maintain an adequate supply of this equipment, and have it available for immediate use. C. The Department will employ Latent Print Examiners and will provide them with specialized training and equipment to process unique and difficult crime scenes or evidence that is beyond the scope of training and expertise of the average sworn employee. D. The Washington State Patrol Crime Laboratory Division’s Physical Evidence Handbook shall guide the processing, collecting, handling, storage, identification, and labeling of all fingerprint evidence by Department employees. Crime Scene A. Officers should always seek to identify, preserve and collect fingerprint evidence as a routine course of the investigation of any crime or suspected crime. B. Whenever officers question the existence of fingerprint evidence, they should err on the side of caution and process the scene for fingerprints. C. Officers will not process scenes that require immediate follow-up investigation or any other incident that may require a follow-up response. In these instances, officers shall preserve potential evidence for collection by follow-up or other personnel. D. Department Latent Print Examiners may be requested to respond by an on-scene supervisor, if the circumstances warrant a response. 1. The on-scene supervisor should make the request for the print examiners via Communications. 2. Communications will notify the Latent Print Supervisor. Effective Date: 3/27/03 Page 1 of 2 Section 7.040 Fingerprints 3. III. The Latent Print Supervisor will screen the response and direct examiners to respond to the scene, as appropriate. E. Department personnel processing crime scenes for fingerprints shall make reasonable efforts to clean up any residue from their evidence collection efforts. F. Elimination prints should be taken from the victim(s) whenever possible. These printcards should be clearly labeled and submitted with any latents recovered. Obtaining Prints from Known Individuals A. Certain case investigations require the collection of fingerprints from a known individual. If the individual agrees to voluntarily provide his or her fingerprints, the officer or detective should call the 10-print supervisor at 684-5514 (24 hours) and respond to the 1st floor of the Justice Center. A 10-print technician will assist with the collection of a fingerprint sample. B. If the individual does not agree to voluntarily provide his or her fingerprints, a search warrant must be issued by the court. Contact a follow-up supervisor or prosecuting attorney for assistance. Once a warrant has been received, contact the 10-print supervisor and proceed as outlined above. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 7.050 Chapter: 7 - Evidence and Property 050 - Firearms as Evidence REFERENCES CALEA standards, 83.3.2, 84.1.1. POLICY When officers recover firearms, they must determine whether they are of evidentiary value, and should be handled for fingerprints, testing, or safekeeping. Firearms are fingerprinted in the SPD Evidence Unit. Firearms testing is conducted by the Washington State Patrol (WSP) - State Crime Laboratory. Firearms testing and tool mark comparisons are done at the State Crime Laboratory in Tacoma. Shipment of appropriately packed evidence to and from the crime laboratory, via UPS, has gone on for years in Washington without problems of lost items or broken chain of custody. I. Procedure A. If you are unfamiliar with the firearm to be recovered, request that an officer who is familiar with the type of weapon to be recovered, respond and assist. B. Do not pick up a firearm before first making sure that the muzzle is pointed in a safe direction. C. 1. The best way to lift a pistol or revolver is to hold it with two fingers on the grip portion of the gun. 2. Do not pick up the firearm by placing a pencil or some other object in the barrel. Consider the firearm loaded until it is positively checked clear and rendered safe. 1. 2. When the firearm is unloaded, use the following procedure to render it safe: a. Pistols or semi-automatic handguns: Place a flex-cuff or similar device through the magazine port, and out the ejection port of the weapon, so that the slide will remain open. b. Revolvers: Place a flex cuff or similar device through the cartridge chamber to ensure that the cylinder will remain open. c. Do not place a flex-cuff or similar device through the barrel of any firearm when rendering it safe, as it may destroy valuable evidence. If there is any doubt whether the firearm is loaded or not, or if it is not possible to unload the firearm without destroying its evidentiary value: a. Contact a Homicide/Assault Unit supervisor or detective for further instruction. (1) 3. Do not pull the trigger of a firearm to determine if the firearm is unloaded or to clear the chamber. a. II. Depending upon the evidentiary value of the firearm, it may be placed in evidence and processed as a loaded firearm. Open the chamber and conduct both a visual and physical inspection. Evidentiary Firearms Testing A. Unloaded Firearm That Requires State Crime Laboratory Testing Effective Date: 7/25/02 Page 1 of 3 Section 7.050 Firearms as Evidence B. III. 1. Fill out the WSP State Crime Laboratory Request For Laboratory Examination (form WSP-CL-005) and send a photocopy to the Tacoma laboratory. The lab request can be faxed or mailed. 2. The WSP State Crime Laboratory will contact the detective prior to testing and advise whether the gun should be sent to the Tacoma or Spokane facility. 3. When contacted, the detective will sign the gun out of the Evidence Unit on a Receipt for Evidence (Form 13.2), indicating the purpose is for testing at the State Crime Laboratory. 4. The Evidence Warehouser will box the item for shipment so it can be initialed and "sealed" for evidentiary purposes by the employee requesting testing. 5. The lab request will be attached to the outside of the sealed container with a brief memorandum directing the WSP State Crime Laboratory to return the package to the detective, in care of the Evidence Unit, when processing is complete. 6. The Evidence Warehouser will arrange UPS pick up and shipment. 7. When a firearm is returned to the Evidence Unit by the WSP State Crime Laboratory, the Evidence Unit will contact the detective so that they can sign the gun back into the Evidence Unit. 8. The Evidence Unit will not retain guns unless they are signed back in. Loaded Firearm(s) That Require State Crime Laboratory Testing 1. Loaded guns shall not be shipped via UPS. 2. In all cases in which a weapon cannot be unloaded, detectives shall hand-carry the firearm to the State Crime Laboratory in Tacoma, with supervisor permission. Detectives must call the lab to determine when and how to transport the gun. If the gun is hand-carried to Tacoma, the detective will either make arrangements to pick it up later, or direct it be shipped via UPS to them, in care of the SPD Evidence Unit. Integrated Ballistics Identification System (IBIS) Entry A. B. Page 2 of 3 Items Accepted for IBIS Entry 1. All crime scene cartridge cases, 2. All .22, .223, and 7.62 mm (AK-47, SKS) caliber semi-automatic rifles that have been found, used in a crime, seized by legal process, or recovered as stolen. 3. All semi-automatic pistols that have been found, used in a crime, seized by legal process, or recovered as stolen. 4. Shotguns, bolt action rifles, revolvers, and bullets will not be routinely accepted. Exceptions will be made on a case by case basis. The case detective shall be responsible for requesting IBIS entry. 5. Weapons submitted into the Evidence Unit as personal property will not routinely be submitted to WSP State Crime Laboratory for IBIS entry. Evidence Handling for IBIS Entry Items 1. Do not insert a flex-cuff or similar device through the barrel of any firearm being submitted for IBIS entry. 2. If a weapon is recovered with its magazine, the magazine shall be submitted to the lab along with the weapon for examination at the WSP State Crime Laboratory. Firearms as Evidence Section 7.050 3. If ammunition is recovered, and direct comparison is needed, it should be sent to the WSP State Crime Laboratory with the gun. The Crime Lab will supply the ammunition for routine IBIS exams. 4. The primary officer or detective shall complete the WSP State Crime Laboratory Request For Laboratory Examination (form WSP-CL-005) requesting IBIS entry and submit the form to the Evidence Unit with the firearm(s) and or cartridge cases. 5. The Evidence Unit will coordinate the pick up and return of firearms or casings submitted for IBIS entry. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 7.060 Chapter: 7 - Evidence and Property 060 - Investigatory Holds of Vehicles REFERENCES CALEA standards, 61.4.3, 84.1.1. I. General A. II. An investigatory hold may be placed on impounded vehicles only when probable cause exists to believe that the vehicle either contains evidence of a crime or constitutes evidence of a crime. An investigatory hold may not be used to secure the appearance or completion of any act of any individual. Responsibilities A. Primary Officer 1. When placing an investigatory hold on a vehicle, complete a Vehicle Report Form (5.5) to document the condition of the vehicle. a. a. Include in the narrative of the Vehicle Report the justification for the investigatory hold. b. List the name of the follow-up unit that will be investigating the crime. c. Request a tow from a contracted tow company to tow the vehicle to the Processing Room or to the tow company facility. . B. Follow-up Unit 1. The Assistant Chief of the Investigations Bureau or designee will ensure that follow-up units retain vehicles only as long as necessary to fulfill legal requirements. 2. When the Records Files Unit - Auto Records Team requests a disposition of a held vehicle, the follow-up unit supervisor will take appropriate action to ensure the vehicle is retained only as long as necessary to complete an investigation or prosecution. a. If the vehicle must be held for prosecution or further investigation, it shall be moved to a Department long-term vehicle storage facility within 4 days. 3. When a follow-up unit receives notice from the Auto Records Team that a vehicle has an “Investigatory Hold” for their unit, and the original case has been referred to another unit for follow-up, the referring unit must note “Case Referred To: [Follow-up Unit’s Name]” in the large box at the bottom of the Investigatory Hold (form 5.53). The form must then be sent to Auto Records, with a copy to the unit handling the case. 4. Any vehicle in the Processing Room that can be returned to the owner must be towed from the Processing Room to the contracted tow company by order of the investigating detective. The registered owner shall take possession of their vehicle from the tow company. C. Auto Records Team 1. The Auto Records Team will forward the “Daily Detective Hold” list to appropriate Detective Units by 0800 hours each business day. Effective Date: 11/19/07 Page 1 of 2 Investigatory Holds of Vehicles Section 7.060 2. The Auto Records Team will initiate an audit of those vehicles under Department impound at least twice a year. 3. When a vehicle remains on an “Investigatory Hold” for a fourth (4th) day, Auto Records will send a report to the appropriate follow-up unit notifying them that the vehicle will be automatically released on the tenth (10th) day, unless Auto Records is notified of the need for the hold period to be extended. NOTE: Detectives requesting an extension of the hold shall immediately make arrangements to have the vehicle moved into a Department long-term storage facility. III. 4. Vehicles with an “Investigatory Hold” shall be released by Auto Records if notice to continue the hold is not received by the tenth (10th) day. In this case, Auto Records will contact the appropriate follow-up commander who must complete and sign the Investigatory Hold (form 5.53). 5. If notice to continue the hold is received, the vehicle will not be released on the tenth (10th) day and will remain on “Hold” status. Again, Detectives must immediately ensure arrangements are made to move the vehicle to long-term storage. 6. If the vehicle is still not moved from short-term storage, the Auto Records Team, on the 13th day, will send a notice to the appropriate follow-up Captain, Lieutenant and the RFU Manager indicating that the “Hold” must be cleared or the vehicle must be moved to long-term storage. 7. If the vehicle is still not moved as of the 15th day, the Auto Records Team will notify the Investigations Bureau Commander and the Field Support Bureau Commander. Payment for Vehicles on Investigatory Hold Status A. Generally, impoundment, towing, and/or storage fees shall not be assessed against the owner of a vehicle being held for investigative purposes (Investigatory Hold). B. Impoundment, towing, or storage fees may be assessed against the owner of a vehicle being held for investigative purposes under the following circumstances: 1. If the owner or user of a vehicle is arrested for or charged with a crime; 2. If the Seattle Police Department forwards a recommendation that charges be filed against the owner or user of a vehicle; or 3. If an owner fails to redeem a vehicle within forty-eight hours of written notification by the Department. C. Vehicle owners may contest impound, towing, or storage fees in District Court. District Court may order that no impound, towing, or storage fees be assessed against the vehicle owner. D. If a follow-up unit determines that a vehicle was improperly impounded and placed on an “Investigatory Hold”, the unit shall complete the ‘Hold Release’ portion of the Investigatory Hold (form 5.53) and check the box indicating ‘City Pays’. Note: A vehicle may be properly impounded and improperly placed on an “Investigatory Hold”. If this situation occurs, the owner is responsible for the impound, towing, and storage fees, except those storage fees associated with the time the vehicle was being held on an “Investigatory Hold”. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 7.070 Chapter: 7 – Evidence and Property 070 – Narcotics & Firearms Property Release for Training Canines POLICY The Seattle Police Department will regulate and monitor the use of firearms and narcotics used for the purpose of training police canines. Firearms and narcotics will only be removed from the Evidence Unit through the following procedures. I. Firearms Checkout & Return Bomb detection canine handlers may check out firearms for training their Seattle Police canines. Firearms may be checked out for sixty days. The firearms that can be checked out must have been released to the Director, are going to be destroyed, and have been rendered incapable of live fire. II. III. A. A Memorandum is required from the Canine Unit Commander for the canine officer to check out a firearm(s) for training purposes. B. The Canine Training Officer will retain a copy of the Receipt For Evidence (form 13.2.2) for each firearm that is checked out and forward that copy to the Canine Unit Lieutenant. The Canine Unit Lieutenant will retain the copy in a file. C. The same procedures listed above will be used for returning the firearms to the Evidence Unit. D. If a firearm is lost, a General Offense Report will be filed. E. The firearms shall be secured within the Unit safe when not being actively used for training purposes. Narcotics Checkout & Return A. Narcotics detection Canine handlers and trainers may check out narcotics from the Evidence Unit for the purposes of training Seattle Police canines. The narcotics must be released to the Director prior to use for training. B. The procedure will include the following: 1. The Canine Unit Commander will complete a Memorandum to the Evidence Unit Commander authorizing the training officer to remove narcotics from the Evidence Unit. 2. The Memorandum shall include the names of the Canine Training Officer and the type of narcotics to be removed. 3. Each respective Unit commander must maintain a copy of the Memorandum. 4. The Canine Training Officer will retain a copy of the Receipt For Evidence (form 13.2.2) for the narcotics that are checked out and forward that copy to the Canine Unit Lieutenant. The Canine Unit Lieutenant will retain the copy in a file. C. If narcotics are lost, destroyed, or damaged, a Supplemental Report will be filed. D. Narcotics shall be returned to the Evidence Unit per established procedure. A copy of the Receipt for Evidence (form 13.2.2) shall be retained by the Canine Training Officer and forwarded to the Canine Unit Commander. Narcotics Training Documentation and Storage Effective Date: 11/19/07 Page 1 of 2 Narcotics & Firearms Property Release for Training Canines A. B. IV. Section 7.070 Storage 1. The narcotics must be stored in an SPD locked safe when not actively used for training purposes. 2. Only the designated permanent Canine Training Officer, the Canine Unit Sergeant, and the Canine Unit Commander will have access to the safe. 3. The combination to the safe must be changed immediately when the training officer, unit sergeant, or unit commander is reassigned to a different unit. Training Documentation 1. A logbook documenting the removal, return or addition of narcotics must be maintained. Each entry must be witnessed by a second officer and must include the date, time, nature of transaction, time of return, weight of the item, serial number and initials of the officers. 2. If narcotics are removed from the package, lost, or destroyed, a Supplemental Report including item number and narcotics type will be completed. a. The report will be routed to the Evidence Unit Sergeant. b. In addition, any narcotics that cannot be returned to the Evidence Unit because they have been lost or destroyed must be reported to the Metropolitan Captain via Memorandum. Auditing and Inventories A. Page 2 of 2 The Canine Unit Commander must inspect and verify the unit’s inventory of narcotics and firearms on a quarterly basis. 1. A Memorandum will be completed which will include the current inventory and the General Offense Numbers of any General Offense Reports or Supplemental Reports that have been completed. 2. A copy of that inventory shall be retained by the Metropolitan Captain. Seattle Police Department Section Policies and Procedures Title: Chapter: 7 - Evidence and Property I. 7.080 080 - Physical Evidence Types of Evidence A. Certain types of property require special handling, storage, or other considerations when collected as evidence. There may be particular safety considerations associated with the evidence as well. The Evidence Unit may not accept certain items. II. Evidence that Requires Special Handling A. Ammunition components/explosives 1. B. Bio-hazards 1. C. Factory ammo less than 50 cal. in small quantities can generally be handled as regular evidence. See Procedures and Tactics Section 047 – Exposure Control Boats 1. The Harbor Unit will provide storage for boats recovered as evidence. A Vessel, Watercraft, or Obstruction Theft and Impound Report (form 5.42) must be completed to document the investigatory impound. D. Cash E. F. Cellular phones/pagers 1. Officers shall turn off the power when logging cellular phones/pagers into the Evidence Unit. 2. When completing paperwork, officers shall include the telephone number and area code assigned to the device (if known) as an “owner applied number”. Chemicals (known and unknown) G. Computers H. Firearms 1. See DP&P– Firearms as Evidence. I. Fireworks / Explosives J. Hazardous materials K. Knives / Sharp bladed instruments L. Large items 1. e.g., safes, lumber, truck loads of goods, etc. M. Narcotics N. Needles / Syringes O. Vehicles 1. III. See DP&P - Vehicle Evidence & Seizures. Storage Practices for Physical Evidence Effective Date: 6/28/07 Page 1 of 2 Section 7.080 Physical Evidence A. Physiological fluids (i.e., blood, saliva, semen, etc.) must be preserved using the following methods. 1. Refrigerate liquid blood samples. 2. Air dry at room temperature and then freeze items such as: a. Saliva samples, b. Stained clothing/fabrics, c. Stained swabs, d. Stained gauze cuttings, and e. Dried blood or semen crusts. 3. Without air-drying, place used condoms in a plastic container and then freeze ASAP. 4. Stained hard objects such as guns, rocks, metals, etc. should not be frozen or refrigerated. Subsequent condensation may dilute or otherwise impact physiological fluid evidence. Store objects at room temperature and notify the lab ASAP. 5. If other types or forms of physiological fluid evidence are encountered, call the WSP Crime Lab Biochemistry Unit Forensic Scientist for acceptable methods of preservation. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 7.090 Chapter: 7 – Evidence and Property 090 – Evidence Money Submission POLICY All money, including counterfeit currency, submitted to the Evidence Unit will be packaged in sealed, serial numbered currency envelopes. Amounts $300 and higher will only be accepted in sealed, serial numbered currency envelopes bearing the signatures of two employees. The Seattle Police Department will only store money items whose value as evidence goes beyond the mere face value of the currency. All other money items will be deposited into a bank account 90 days after submission unless: a) it qualifies as an exception or b) written justification to retain the item is provided. Mere possession of money by a person arrested for a crime does not justify taking the money as evidence. Money shall not be taken from a person as evidence unless there is probable cause to believe the money is stolen or is the fruit of a crime. See DP&P – Narcotics, for additional information regarding seizing money. Absent probable cause, money shall be handled as personal property. I. Definitions A. Collectible / Sentimental Value – all gold coins, U.S. silver coins minted before 1965, and paper currency printed before 1964. When assessing value, employees should evaluate the circumstances under which the item was found. This may include location, type of packaging, special markings, or whether the item is encased in frames or books. If any doubt exists whether the item has collectible or sentimental value, process it as if it does. II. Retention Criteria These money types are exceptions and will be retained in the Evidence Unit: A. Counterfeit currency B. Money requiring laboratory examination (fingerprints, DNA, etc) C. Foreign money (including Canadian) D. Money that is known or suspected to be bio-hazardous E. Money with collectible or sentimental value, including any coin or paper money that has a value beyond its face value (e.g. – a $20 Kruggerand gold coin) F. “Marked” buy money The submitting officer must write the exception category (counterfeit, foreign, etc.) on the outside of the currency envelopes to ensure these items are retained. III. Safekeeping Money A. The Evidence Unit will not accept personal property money of an arrestee for safekeeping under any circumstance. The money must stay with the arrestee. B. Personal property money of other persons should remain with those persons when they are transported to their destination (hospital, etc). If this is not possible, officers may place this money into evidence for safekeeping. Officers must complete a Property Release Letter (form Effective Date: 11/19/07 Page 1 of 3 Section 7.090 Evidence Money Submission 13.9) and a Property Disposition Authorization (form 1.17) listing an identified owner at the time of submission. IV. V. Found Property Money A. Found property money is subject to all provisions of this chapter and must be packaged the same way as evidence money. B. The submitting officer must complete a General Offense Report, including the Found Property Template.. C. If the owner is known, the submitting officer must: 1. Attempt to contact the owner. 2. Fill in the Owner Contacted By, Date/Time Owner Contacted and Property Disposition fields of the Found Property Template. 3. Complete a Property Release Letter (form 13.9) and a Property Disposition Authorization (form 1.17). Air-Drying Bio-Hazardous / Wet Money A. Do not put money contaminated with biological fluids (blood, saliva, semen, etc), in a currency envelope while wet. Doing so causes irreversible deterioration of the biological evidence. Money that is stained by a dye pack, or is just wet, is not considered bio-hazardous. However, these items must also be air-dried before being put in currency envelopes. B. The primary investigator is responsible for properly packaging items to be air-dried. It is preferred that items be air-dried, then counted and sealed in currency envelopes before submission to Evidence. If this is not practical, use following procedure: 1. Place the money in an air-dry bag and “evidence seal” the bag. Use care to ensure that the seal is put on the paper edge of the bag, not the fabric portion. 2. Write the GON and value of the currency on the paper edge of the bag. 3. Complete a currency envelope and paper clip it to the outside of the bag. Do not staple. 4. Submit the air-dry bag into evidence. a. VI. Use a red biohazard bag when delivering money from a remote location to the Evidence Unit. Submitting Money as Evidence A. All currency must be packaged in sealed, serial numbered currency envelopes. B. Amounts $300 and over must be individually counted and witnessed by 2 sworn employees. Both employees must then sign the currency envelope. Officers are encouraged to use the twoperson cash count for amounts under $300. C. Primary Investigator: 1. Page 2 of 3 Separate money into the categories listed in paragraphs (II)(A) through (II)(F). These items will automatically be retained in the Evidence Unit. Be sure to write the category (counterfeit, etc.) on the envelope. a. If you want to retain other money items, see paragraph (VII)(B) below. b. If the condition of the money may be a factor in the case, package it as you found it. Describe the condition in detail in the report so that the Law Department or a follow-up unit may decide whether or not to retain the money. Section 7.090 Evidence Money Submission 2. Complete a currency envelope for each segregated money item. Use a ballpoint pen or medium point permanent marker. This will that ensure the information on the envelope is legible. 3. Steps 3a and 3b are for felonies only. a. Photograph each currency envelope, ensuring the envelope is clearly visible. b. Take one Polaroid photograph of each money item before packaging. Do not photograph each bill or coin; simply arrange the money so that it is reasonably visible in the photograph. 4. Place the segregated money into its currency envelope and seal the envelope. Do not overfill. 5. Record the currency envelope number(s) in the Cross Reference field of the Property Report. .. If a second officer counted and witnessed the count of the currency, list his/her name and serial number in the narrative. Example: “Currency envelope #A123456 containing $450.25 counted by I.M. Acop #1234, and M.E. Tou #2345”. 6. List the photographs on a Property Report with the Property Status “SPD Photos.” 7. Route photos to the Photo Lab in the appropriate envelope. 8. Deliver the currency envelope to the Evidence Unit. VII. Money Retention Justification A. B. Items will be deposited into a bank account 90 days after submission unless a written retention justification is provided to the Evidence Unit. 1. The City Law Department is responsible for misdemeanor cases sent to them for their review. 2. Follow-up unit detectives are responsible for determining the need to retain money items on felony cases and misdemeanors not forwarded to the Law Department. To retain a money item, send an Evidence Money Retention VMAIL to the Evidence handle. This will ensure the money is not banked. A specific justification is required. VIII. Returning Money To Evidence A. IX. The Evidence Unit will not accept unsealed currency envelopes for any reason. If a currency envelope is opened, the employee returning it must: 1. Repackage the money in a new currency envelope. 2. Notify Evidence Unit staff if the currency amount being returned is different from what was checked out and the reason for the difference. Evidence Money Release / Return to Owner A. Money will be authorized for release in the same manner as other property. B. Officers/Detectives must list money items individually on the Property Disposition Authorization (form 1.17). C. The Evidence Unit will return retained money to the owner with any other property being claimed. D. Owners claiming money that has been banked will be paid by check. E. The Evidence Unit will notify the Fiscal Unit of all money that is released “to director” or is unclaimed. Retained money will be banked as part of the disposition process. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 8.010 Chapter: 8 - Firearms 010 – Department Firearms Management REFERENCE CALEA 17.5.2, 53.2.1 RCW 69.50.505 Seizure and Forfeiture SMC 3.28.01 Retention or Trade of Unclaimed Property for Department Use POLICY The Seattle Police Department will maintain a current and accurate inventory of all department-owned firearms and will take reasonable steps to ensure the security of these firearms. Department-owned firearms will be tracked from the time they are purchased or converted until they are sold or destroyed. Any Department-owned firearm that cannot be accounted for shall be reported immediately as described in DP&P - Care and Use of City Equipment and Property. I. Definitions Firearms: Live-fire firearms, simunition firearms, inoperable firearms and any other firearm that is either currently or has been previously under Federal Alcohol, Tobacco, and Firearms regulations and laws. Converted Firearms: Unclaimed or seized firearms that are converted to Department use. Traded Firearms: Firearms that are received or offered in trade. II. III. Firearm Central Database A. All firearms owned by the Department, whether purchased from a vendor or acquired through conversion or trade will be listed in a central database. The Fiscal, Property, and Fleet Management Section will maintain the central database. The central database will be updated immediately upon receiving the item or conversion paperwork. The firearm will not be issued until it is entered into the central database. B. The central database will list the following information: 1. Whether the firearm is purchased, received in trade, or converted evidence. 2. The General Offense Number if the firearm was converted. 3. The date the firearm was purchased, received in trade, or converted. 4. The make, model, caliber, and serial number of the firearm. 5. The Unit or individual the firearm is assigned to. 6. The date the firearm was assigned and returned. 7. The final disposition of the firearm (i.e., sold, lost, stolen, destroyed). 8. Name of the person or business in which a firearm was either traded to or received in trade. Firearms Acquisition A. All firearms that are purchased, converted, or received in trade will be shipped or delivered to the Quartermaster before the firearm may be issued or maintained in unit inventory. Effective Date: 11/9/07 Page 1 of 3 Department Firearms Management IV. V. Section 8.010 1. The Quartermaster will physically inspect each firearm to verify the make, model, and serial number. 2. The Quartermaster will enter the make, model, and serial number of the firearm into the Department’s firearm inventory database prior to issuing the firearm. Precinct/Section Inventories A. Units within the Department may maintain firearms for specific use. These firearms will be acquired through current purchase and conversion procedures. Units that have firearms for specific use will maintain an inventory of these firearms. B. The Unit inventory will list the following information: 1. Make, model, caliber, and serial number of the firearm. 2. Name and serial number of the officer to whom the firearm is issued (if applicable). C. Section/Precinct Commanders will be responsible for insuring that an inspection of unit firearms is performed once every twelve months as part of the formal inspection. The yearly inventory must be documented on a Memorandum listing any changes in the inventory. A copy of the current inventory will be attached to the Memorandum and maintained by the Section/Unit Commander. A copy will also be sent to the Quartermaster. D. When a unit-specific firearm is no longer needed by the unit, the firearm will be immediately returned to the Quartermaster. E. The firearm cannot be loaned, traded, or transferred to another unit or another officer. F. The disposition of all firearms being removed from the Department’s inventory will be noted on the central database by the Quartermaster. If a firearm is to be destroyed it will be stored by the Quartermaster until a scheduled firearm destruction takes place. Individually issued firearms A. Generally, employees may be assigned no more than one Department-issued handgun. Employees may only be issued one rifle or one shotgun. B. An employee may be issued more than one handgun with authorization from a Bureau Chief or higher. The Bureau Chief will complete a Memorandum listing the reason for the additional issued handgun. The Memorandum will be attached to the employee’s Property Control Card in the Quartermaster Unit. Funding for the additional weapon will be taken from the budget of the approving Bureau Chief. C. Officers must maintain a current “qualification” at the SPD Range with any weapon they are issued. Any employee who fails to maintain a current “qualification” record shall be required to return the weapon(s) to the Quartermaster. D. Units that maintain an inventory of unit-specific firearms may issue additional handguns to employees at the Commander’s discretion. These firearms will be tracked by the unit commander and not recorded on the officer’s Property Control Card. The issuance of unitspecific firearms will be the responsibility of the unit commander. E. Employees who are in possession of Department-issued handguns have an option of purchasing the handgun. Employees who do not want to purchase the handgun and are not using their handgun for duty, off-duty, or a backup are required to return the handgun to the Quartermaster. Employees who want to purchase the handgun must turn the handgun in to the Quartermaster and then payment may be made to Fiscal, where the employee will be issued a receipt that will include the firearm’s make, model, and serial number. The receipt will be taken to the Quartermaster, where a Quartermaster employee will document that the firearm has been purchased and the Quartermaster will turn the handgun over to the employee at that time. Page 2 of 3 Department Firearms Management F. VI. Section 8.010 Department-issued firearms that are placed into Evidence shall be released to the Quartermaster once the firearm is released from Evidence. The Quartermaster shall have the firearm inspected by the Firearms Training Unit. When the Firearms Training Unit deems the firearm serviceable it shall be returned to the Quartermaster. The officer can return the replacement firearm to the Quartermaster and pick up the issued firearm. Non-SPD use of Department owned Firearms A. The Seattle Police Department will continue to loan firearms to outside agencies such as the Seattle Fire Department and the Municipal Court Marshals. These firearms will be listed as issued to the agency in the Central Database prior to being issued. B. Firearms in possession of outside agencies will be audited by the Audits, Accreditation, & Policy Section at least once a year. VII. Firearms Inspection A. The Audits, Accreditation, & Policy Section will conduct a yearly audit of Department firearms. VIII. Retiring/Separating Employees Firearms IX. A. Upon retirement, employees may purchase their Department-issued handgun. Departmentissued handguns that are not purchased must be returned to the Quartermaster. B. Department-issued Glocks that have been in service for more than 10 years may be purchased from the Department by an employee retiring for service, or by an employee retiring for disability, so long as that employee has at least 20 years of service. C. Department-owned firearms will not be loaned out except as described in section VI above. Firearms Disposition A. Any firearm that is to be sold or traded must be turned into the Quartermaster before it is sold or traded. The Quartermaster must update the Department’s firearm inventory database. B. Firearms that are to be destroyed will be the responsibility of the Quartermaster. The actual destruction shall be witnessed by a second Department employee. The Quartermaster must update the Department’s firearm inventory database to reflect the destroyed firearm(s) and include the primary and secondary employee’s name and serial number. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 8.020 Chapter: 8 - Firearms 020 – Domestic Violence Firearms PURPOSE With the potential for violence in domestic relationships, courts may order parties involved in criminal or civil domestic violence cases to surrender firearms to local law enforcement officers. At the scene of a domestic violence call, officers may encounter consenting parties requesting, for personal safety reasons, to surrender non-evidentiary firearms. Officers may also confront circumstances at the scene of a domestic violence call where, in the officers’ judgment, removal of firearms is warranted in the interests of public safety. The following policy addresses the procedures in accepting and storing these firearms. POLICY In light of the Department’s Mission Statement to “prevent crime…and support quality public safety,” officers are to take custody of domestic violence surrendered firearms and place them into the SPD Evidence Unit. This policy applies to firearms (not other weapons) surrendered by parties involved in SPD misdemeanor or felony domestic violence investigations and firearms forfeited or surrendered by court order. Evidentiary and loaded firearms are to be handled per Department firearms evidentiary procedures. I. II. Definitions A. Consenting party – a party involved in an SPD domestic violence incident who resides at the dwelling or works at the premises, and has dominion and control over areas in which domestic violence surrendered firearms are located. When two or more such parties are present at the scene, all such parties should provide consent for officers to accept voluntarily surrendered domestic violence firearms (State v. Leach 1989). B. Domestic Violence Surrendered Firearms – Firearms that are voluntarily surrendered by a party involved in an SPD domestic violence investigation and are not known to be evidence of a crime, firearms removed in the interests of public safety, and domestic violence firearms that are surrendered or forfeited per court order. C. Evidentiary Firearms – Firearms that are evidence of a crime and may be required for future criminal prosecution. D. Non-evidentiary firearms – A domestic violence surrendered firearm that has no value as evidence. It appears to be legal to possess and ownership of the firearm is established. Court Orders Courts may order parties who were involved in domestic violence incidents to forfeit or surrender their firearms. Parties who are ordered by a court to forfeit or surrender domestic violence firearms will receive written instructions from the court informing the parties how to schedule an appointment with the SPD Evidence Unit to arrange the transfer. Parties with these court orders, who attempt to transfer domestic violence firearms at any other SPD facility, are to be directed to the SPD Evidence Unit. The following addresses the forfeiture or surrender of domestic violence firearms by civil order: A. Municipal Court Civil Orders. 1. Effective Date: 11/19/07 The SPD Evidence Unit will accept domestic violence surrendered firearms pursuant to civil orders only when issued by Seattle Municipal Court. Page 1 of 3 Domestic Violence Firearms B. Superior Court Civil Orders 1. III. The SPD Evidence Unit does not accept domestic violence surrendered firearms pursuant to Superior Court civil orders. Concerned parties are to be directed to the law enforcement agency with jurisdictional authority. Patrol Officer A. B. IV. Section 8.020 Patrol officers may be dispatched specifically to domestic violence surrendered firearm calls or be requested at a domestic violence scene to accept such firearms by a party involved in the investigation. In these cases, patrol officers shall perform the following: 1. Accept the domestic violence surrendered firearms when involving an SPD misdemeanor or felony domestic violence investigation. If the firearms are involved in a non-SPD investigation, direct the party to the law enforcement agency with jurisdictional authority. 2. Draw a General Offense Number, write a General Offense Report listing “GunSurrender-DV” in the Offenses block, and complete a Property Report. If a related General Offense Report for a domestic violence offense is taken at the scene, “GunSurrender-DV,”may be added as an additional offense and a separate General Offense Report will not be written. 3. Complete a Property Report listing only the firearm(s). Print and mail it to the party surrendering the firearm(s) as a receipt before the completion of shift. 4. Ensure the firearms are entered into the Evidence Unit prior to the completion of shift. Patrol officers responding to a domestic violence call may also confront circumstances at the scene that, in the officers’ judgment, warrant removal of firearm(s) from the premises. Such circumstances may include the parties’ demeanors, criminal history, or past use of firearms, or the illegal status of firearms based on their nature, possession or use. In these cases, patrol officers shall take the following actions: 1. Contact a patrol supervisor and relay the circumstances and factors that appear to warrant removal of firearms. 2. With supervisory approval, take custody of the firearm(s). 3. Draw a General Offense Number, write a General Offense Report listing “GunSurrender-DV” in the Offenses block and complete a Property Report. If a related General Offense Report for a domestic violence offense is taken at the scene, “GunSurrender-DV” may be added as an additional offense and a separate General Offense Report will not be written. 4. Complete a Property Report listing only the firearm(s). Print and mail it to the party surrendering the firearm(s) as a receipt before the completion of shift. 5. Ensure the firearms are entered into the Evidence Unit prior to the completion of shift. Patrol Supervisors A. Patrol supervisors may contact Domestic Violence Supervisors on a 24-hour a day basis regarding this policy, either during office hours or via Communications during non-business hours. B. When contacted, consult with patrol officers at domestic violence calls about non-evidentiary firearms at those scenes and the circumstances that may warrant their removal in the interests of public safety. Page 2 of 3 Domestic Violence Firearms V. Evidence Unit Duties A. VI. Section 8.020 Receive and store all domestic violence firearms pursuant to an SPD domestic violence investigation when: 1. Surrendered by a party to an SPD officer or removed from a domestic violence scene in the interests of public safety. 2. Surrendered or forfeited pursuant to a criminal court order. 3. Surrendered or forfeited pursuant to a Municipal Court civil order. 4. Having evidentiary value. B. Route copies of all General Offense Reports or Supplemental Reports involving domestic violence (surrendered and forfeited) firearms to the Domestic Violence Unit. For court ordered surrendered or forfeited domestic violence firearms, print the Property Reports and fax them to the appropriate prosecutor or city attorney designee. C. Complete Record Check for Firearm Release. Domestic Violence Unit Duties A. Receive copies of Municipal and Superior Court orders related to the surrender, forfeiture, or release of domestic violence firearms from the concerned prosecutors. The Domestic Violence Unit will forward copies of these court orders to the Evidence Unit. B. Conduct criminal history background checks on the parties to whom the firearms may be released. Verify the claimants to the domestic violence firearms are authorized to possess and receive the firearms. C. Authorize the disposition (or release) of domestic violence firearms that are no longer required for investigative or prosecutorial purposes. The Domestic Violence Unit will send facsimiles and standard copies of dispositions to the Evidence Unit. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 8.030 Chapter: 8 - Firearms 030 – Firearms REFERENCES CALEA standards 1.2.2, 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7, 1.3.8, 1.3.10, 1.3.11, 1.3.12, 1.3.13. POLICY Unless otherwise prohibited, all on duty police officers shall be armed with a fully loaded Department approved firearm. The firearm carried while on duty shall conform to the specifications and approval procedures herein described. No police officer shall be required to work without a firearm except as provided by their collective bargaining agreement. All Department qualifications, and any Department sponsored firearms training as described within this section, shall be administered by certified firearms instructors. This policy shall apply to all full-time employed commissioned Police Officers, Reserve Police Officers, extended authority Retired Police Officer Commission holders, and individuals with Special Police Officer Commission who are authorized by the Chief of Police to carry a firearm. I. II. Definitions - General Information A. Firearm: Any authorized revolver or semi-automatic pistol, shotgun or rifle. B. Pistol: A semi-automatic handgun. C. Reload: A speed loader or speedstrip for revolvers, or a magazine for pistols or rifles. D. Fully Loaded: A magazine for a semi automatic pistol or rifle that contains one round less than maximum capacity shall be considered a fully loaded magazine. On Duty Firearms A. Uniformed personnel shall carry at least two reloads for their primary duty firearm. Plainclothes personnel shall carry at least one reload for their primary duty firearm. Reloads will conform to the authorized ammunition standards prescribed in this manual section. B. While on-duty, sworn personnel shall carry no more than two handguns, one authorized primary and one authorized secondary (back-up). C. 1. While in uniform, personnel shall have no more than one handgun visible. Any handgun carried as a second weapon, in uniform or plainclothes, shall conform to the specifications and approval procedure directed in subsection IV of this manual section. 2. Only Department provided or approved weapons shall be considered a secondary (backup) firearm. Bureau Commanders may authorize the use of special weapons for selected specialty assignments. The weapon shall be inspected by Firearms Training Unit staff and the officer carrying the weapon must be appropriately trained in its use and meet department and unit qualification requirements prior to carrying that weapon. A copy of all written authorizations will be forwarded to the Firearms Training Unit and retained on file. Department issued special weapon(s) shall be returned to the issuing Unit immediately upon completion of the assignment for which the weapon was issued. Effective Date: 12/13/05 Page 1 of 9 Section 8.030 Firearms III. D. The firearms policy for on-duty personnel shall apply to off-duty personnel when working at any employment where police authority is required. E. The Department may issue to all active Reserve Officers the standard firearm issued to full time personnel. All personally owned firearms carried by Reserve and Special Police Officers while on or off duty within the limits of the City, or when acting as an agent of the City outside the territorial limits of the City, must have the prior approval of the Commander of Training Section. On-Duty Weapon Specifications A. Firearms authorized for on duty use may be either Department issued or privately owned, and shall conform to the criteria listed below. B. All officers hired after January 1, 1995, shall carry a .40 caliber Glock, Model 22 or Model 23, as their primary on-duty firearm. Exceptions may be made for special circumstances. C. Officers hired prior to January 1, 1995, who carry a personally owned or Department issued revolver who chose not to make the transition to the Glock will be allowed to continue to carry the revolver as their primary on-duty firearm. Should an officer later decide to transition to a semi-automatic pistol, the only firearm authorized will be a .40 caliber Glock. D. Officers who were authorized to carry a personally owned semi-automatic pistol prior to January 1, 1995 may continue to carry it as their primary on-duty firearm. Should officers desire another handgun, the only authorized semi-automatic pistol will be a .40 caliber Glock. Once an officer has transitioned to the .40 caliber Glock, they will not be allowed to go back to their previously authorized semi-automatic firearm without first obtaining written permission from the Deputy Chief of Administration. 1. E. F. Special Exceptions 1. Officers assigned to plainclothes duty and who are authorized to carry a .40 caliber Glock, may carry the .40 caliber Glock Model 27 as their primary on-duty firearm. Officers electing to carry the Glock Model 27 shall qualify with that firearm during the regular Department qualification shoots. 2. Officers in plainclothes shall be armed with a Department approved firearm. Plainclothes officers, with approval of their Bureau Commander, may carry a Department issued, or an approved personal, two inch revolver as their primary on-duty firearm. 3. Officers will cease carrying a two inch revolver or Glock 27 upon completion of the authorized assignment or when the specific need no longer exists. The Department issued two inch revolver or Glock 27 shall be cleaned, lubricated, and returned to the Quartermaster immediately upon being transferred to another assignment. 4. Exceptions may be made for specialty assignments with prior written permission of the individual’s Bureau Commander. Special exemptions end when the assignment requiring the exception is completed. 5. Seattle Police Department Special Duty Handgun Authorization Form 13.15 must be presented to the Quartermaster who will issue the Department approved special duty handgun. Officers hired prior to January 1, 1995, who successfully transition from revolvers to the Glock or other semi-automatic firearms, who later desire to go back to carrying revolvers will be allowed to do so if they: 1. Page 2 of 9 The controlling factor for returning to the previously authorized semi-automatic pistol will be personal and public safety. Apply in writing to the Commander of the Training Section for permission to return to the revolver. The request shall explain the reason(s) for wanting to return to carrying a revolver, Section 8.030 Firearms 2. Turn in their Department issued Glock, and 3. Maintain an acceptable level of proficiency with the revolver. G. Officers previously authorized to carry a specific model or type of revolver shall contact the Range Unit and obtain approval for each firearm prior to changing models. H. Approval to carry a particular firearm is not transferable to another officer. Each officer desiring to carry a particular firearm must present the firearm to the Range Unit for inspection. The officer will then be required to test fire fifty (50) rounds of ammunition with the firearm. The test firing shall include demonstration of loading and unloading skills, and shooting at a static target. Once proficiency with the firearm, as required in this manual section, has been demonstrated, the firearm shall be re-inspected by the Range Unit. Once approval has been obtained, the Range Unit shall record the: 1. Officer’s name, 2. Date of authorization, and 3. Manufacturer name, model, caliber, and serial number of the firearm. I. All firearms, Department issued or privately owned, shall be maintained in factory stock condition if carried as a duty firearm. Only the Commander of the Training Section may grant an exception. The Range Unit will maintain an up-to-date list of approved firearms and accessories authorized for on-duty use. Any firearm or weapon used for law enforcement purposes shall not be modified unless approved in writing by the Commander of the Training Section. J. Authorized Revolvers: Double Action Make Smith and Wesson Ruger Colt Caliber .38 Special .357 Magnum .45 ACP (Smith and Wesson only) Barrel 2 inch - special assignment use only length 4 inch 6 inch Appearance Frame, barrel and cylinder will be a dark or stainless steel color with non-reflective finish. Stocks will be of wood or synthetic material with a dark color. 1. K. Officers electing to carry .357 Magnum ammunition in firearms chambered for the cartridge must receive authorization from the Commander of the Training Section following the procedure described in subsection IV of this manual section. Authorized Pistols: Pistols Make Caliber Smith and Wesson Sig Sauer Beretta Ruger Glock .380 cal. (for off duty or secondary weapon only) 9 mm .40 S & W .45 ACP Page 3 of 9 Section 8.030 Firearms Pistols Frame, barrel and cylinder will be a dark or stainless steel color with non-reflective finish. Stocks will be of wood or synthetic material with a dark color. Appearance (The Glock shall have a consistent trigger pull of 7 or more pounds. Officers assigned to the SWAT Team are authorized to have a consistent trigger pull of 5 or more pounds.) 1. Prior to an officer carrying a personally owned firearm as a primary or secondary firearm, written authorization must first be received from the Deputy Chief of Administration. 2. The officer must also successfully complete the semi-automatic transition training. Training and authorization to carry a Glock pistol does not authorize the officer to carry any other make of pistol. IV. On-Duty Weapon Authorization Procedure NOTE: Subsection A below applies only to officers carrying the Department issued revolver and .38 special ammunition. A. Officers qualifying as Sharpshooter or higher in the latest round of qualifications shall have the immediate option to carry .357 Magnum ammunition in revolvers chambered for the cartridge. Failure to qualify as a Sharpshooter or above in subsequent qualification shoots will result in removal of ammunition authorization until it is re-earned. An officer may not re-earn authorization by shooting a Sharpshooter qualification score during the same testing period. Refer to subsection X of this manual section for authorized ammunition types. B. Qualification 1. Officers shall qualify with the duty firearm carried as their primary firearm. a. C. 2. All officers are required to qualify with their primary duty firearm and attend any mandated proficiency training. 3. The qualification standards and proficiency training curriculum shall be established by the Commander of the Training Section. Qualification standards are minimum scores established by the Commander of the Training Section, and are published in Department Directives prior to a scheduled qualification shoot. 4. Those who fail to meet the minimum score will be given one additional opportunity to qualify during that testing period. 5. Those who fail a second time during the testing period will be required to schedule themselves to attend the next remedial firearms training session. 6. All weapons will be inspected and maintained by a qualified member of the Range staff prior to qualification. Any weapon deemed unserviceable will be left with the Range staff and the officer will be issued a replacement weapon from the Evidence Unit. Qualification Waivers 1. Any officer who is unable to participate in a Department shoot due to a current medical condition, shall submit in writing justification for requesting a waiver. The request shall be forwarded to their immediate supervisor and then through the officer’s chain of command to their Bureau Commander. Only the Bureau Commander shall approve Department shoot waiver requests. a. Page 4 of 9 Those officers who are authorized to carry a two inch revolver as their primary firearm shall qualify with that firearm. When an officer is unable to initiate a request due to injury or absence, the waiver request will be initiated by the officer’s immediate supervisor. The waiver request shall contain medically verifiable information justifying the waiver request. Section 8.030 Firearms b. D. Vacations, furloughs, sick days, work schedules, court time, and other conflicting routines are not grounds for requesting waivers. Therefore, officers are encouraged to participate early in the scheduled Department shoot period. 2. Once approval of the waiver has been granted, the original waiver request shall be forwarded to the Commander of the Training Section. Copies of the approved waiver request shall be sent to the officer and to the Range Unit. 3. An approved waiver request is only valid for the current Department shoot. Additional waiver request(s) must be submitted for each subsequent Department shoot as necessary. The waiver request must be submitted within the first week of the Department shoot period. 4. Unexcused failure to shoot, or failure to appear for remedial training as directed, will cause the Commander of the Training Section to forward a memorandum to the officer’s Bureau Commander, and may result in disciplinary action. Failure to Qualify - Officers 1. Officers are required to qualify with their primary duty firearm at the police range as a condition of employment. a. 2. Following the handgun portion of the qualification course, officers are required to initial next to their score on the sign-in sheet. This is to ensure that officers know, and agree with, their score as documented. If an officer fails to qualify, it is the officer’s responsibility to contact Range Unit staff and sign-up for individualized remedial training. The remedial training period is the time between the failure and the next two scheduled qualifications, except as noted in 2.c. a. A certified firearms instructor will be assigned to the officer. b. It is the officer’s responsibility to meet with their assigned instructor as often as needed during the remedial training period of approximately 60 days to acquire the skills required to successfully qualify with their firearm. c. (1) The officer will be provided with a reasonable amount of additional target ammunition to assist the officer in attaining minimum firearms proficiency. (2) Officers hired prior to January 1, 1995, will be allowed to use a Department issued revolver to attempt to qualify. (3) If the officer does qualify with the revolver, it shall thereafter be the officer’s primary firearm until the officer is re-certified with the semiautomatic pistol. The officer shall demonstrate their ability to qualify during one of the next two scheduled qualifications. The officer’s first attempt to qualify will conclude the remedial training period. 3. If an officer attempts to qualify and fails after individualized remedial training, the officer shall be reassigned to an administrative position. The City shall notify the appropriate collective bargaining unit when an officer fails to qualify after remedial training. 4. The officer may appeal the reassignment to the Firearms Qualification Review Board (FQRB). 5. Officers who fail to qualify following the remedial training period shall be allowed an additional sixty (60) days to demonstrate their ability to qualify. If at the conclusion of the 60 day period the officer still has not qualified, the Department will initiate further appropriate measures. Page 5 of 9 Section 8.030 Firearms E. 6 Should the officer be disabled or on sick leave during any portion of the sixty (60) day period, the sixty (60) day period shall be lengthened by the amount of time the officer was disabled or on sick leave. 7. The Department may not institute disciplinary measures against the officer for at least ten (10) days following the expiration of the sixty (60) day period. If at any time when disciplinary action is pending the officer qualifies, the disciplinary action shall immediately be terminated with no discipline issued to the officer based upon the failure to qualify. The officer shall then be returned to the assignment held prior to the remedial training. Failure to Qualify - Reserve Officers 1. Reserve Officers are required to qualify with their primary duty firearm at the police range as a condition of their police commission. 2. If an officer fails to qualify at the range, the Department shall provide remedial firearms training to the officer. If the officer still fails to qualify during the remedial training, the officer shall be allowed sixty (60) days from the conclusion of remedial training to demonstrate their ability to qualify. 3. During this 60-day period, the officer shall not be permitted to perform any duties associated with the reserve officer commission. The officer will be provided with a reasonable amount of additional target ammunition to assist the officer in attaining minimum firearms proficiency. a. Upon request, the Department may provide coaching from a member of the range staff. b. Officers who transitioned to the semi-automatic pistol prior to January 1, 1995 will be allowed to use the Department issued revolver to attempt to qualify. 4 If the officer does qualify with the revolver, it shall thereafter be the officer’s primary firearm until the officer is re-certified with the semi-automatic pistol. 5. If at the conclusion of the 60 day period the officer still has not qualified, the Department will initiate further appropriate measures. NOTE: If a conflict is found, the applicable ordinance, rule, or collective bargaining agreement will be determinative. F. Failure to Qualify - Retired Police Officers and Special Police Officer Commissions 1. Retired officers granted Retired Police Officer Commissions (Extended Authority) and Special Police Officer Commission holders authorized to carry a firearm are required to qualify with their primary duty firearm at the police range as a condition of maintaining their commission. 2. If an officer fails to qualify, the Department shall provide remedial firearms training to the officer. a. Page 6 of 9 Retired Police Officers shall provide their own ammunition. 3. If the officer still fails to qualify during the remedial training, the officer shall be allowed sixty (60) days from the conclusion of remedial training to demonstrate their ability to qualify. 4. During this 60-day period, the officer shall not be permitted to perform any duties associated with their Retired Police Officer Commission. 5. Officers who transitioned to the semi-automatic pistol prior to January 1, 1995 will be allowed to use the Department issued revolver to attempt to qualify. 6. If the officer does qualify with the revolver, it shall thereafter be the officer’s primary firearm until the officer is re-certified with the semi-automatic pistol. Section 8.030 Firearms 7. G. If at the conclusion of the 60 day period the officer still has not qualified, the Department will initiate further appropriate measures. Ammunition Authorization 1. 2. Revolver a. For officers electing to carry a department issued or personally owned revolver, the department will issue .38 special ammunition. Officers carrying a .357 Magnum revolver and who received a Sharpshooter rating at the last Department qualification shall have the immediate option to carry .357 Magnum ammunition. b. Only ammunition described in subsection IX of this manual section shall be carried. c. Failure to qualify as a Sharpshooter or above in subsequent qualification shoots will result in removal of ammunition authorization until it is re-earned. The highest possible score for officers participating in the additional shoot will be 146 for 5 shot firearms or 172 for 6 shot firearms, regardless of the actual score the second time. Pistol a. V. VI. Ammunition for pistols shall comply with subsection X of this manual section. Off-Duty Firearms A. When armed, sworn personnel must carry official identification while off duty, whether in uniform or plainclothes. Off-duty sworn personnel may choose whether or not to be armed. (Refer to DP&P-Firearms Standards Off-duty). B. Any firearm approved for the individual officer for on-duty use may be used by that officer for off-duty use. Off-Duty/Secondary On-Duty Weapons - General Specifications A. Police officers shall be responsible for contacting the Range Unit and obtaining approval to carry any non-issued Department weapon. Every firearm, other than a Department issued firearm, carried off-duty, or as a secondary on-duty firearm, must be approved by the Range Unit. B. No firearm smaller than .380 caliber semi-automatic pistol or .38 caliber revolver shall be authorized for use as an off-duty primary or on-duty secondary firearm without written authorization from a Bureau Commander. All other provisions of this manual section shall apply to any such authorized firearm. VII. Off-Duty/Secondary On-Duty Weapons Authorization Procedure A. The Range Sergeant, Range Unit, or their representative, shall conduct a safety inspection of each firearm submitted. The same authorization procedures and requirements identified in subsection III of this manual section shall apply for off-duty and secondary on-duty authorization. VIII. Department Authorized Firearms Purchases A. The Department shall issue a “Letter of Authorization” for the purchase of personal firearms by sworn members whenever the desired firearm(s) meets the required conditions. B. “Letters of Authorization” will be limited to handguns or extended capacity magazines purchased for the purpose of: on-duty or off-duty use, or competition shooting as permitted by law. C. Officers requesting a “Letter Of Authorization” shall submit a Request for Letter of Authorization for Firearm/Magazine (form 1.10) to the Assistant Chief of the Deputy Chief of Page 7 of 9 Section 8.030 Firearms Administration, via the chain of command. Only the Deputy Chief of Administration, or the Chief of Police may authorize the purchase of a personal firearm or extended capacity magazine. IX. X. D. Officers who are granted “Letters of Authorization” should not consider them exemptions from applicable Federal excise taxes. Excise tax exemptions apply only to firearms purchased by government entities for their exclusive ownership and use. E. Only one (1) Letter of Authorization shall be provided by the Department. In the event the Department changes the primary duty firearm from the .40 caliber Glock, a second Letter of Authorization may be provided. Ammunition A. Officers shall be provided with duty ammunition appropriate for their firearm and consistent with Department policy. B. The duty ammunition will be of the best possible quality available for police purposes. Officers covered by a collective bargaining agreement shall be provided with fifty (50) rounds of practice ammunition each month. C. Upon request, an officer shall be issued two (2) months of their twelve-month allotment of practice ammunition during any sixty-day period. Officers shall use all the practice ammunition at the Range and return the expended casings to the Range office at the conclusion of the practice. D. The Commander of the Training Section has the discretion to issue officers additional practice ammunition. E. Only unaltered factory manufactured ammunition that conforms to the specifications listed in subsection X of this manual section shall be authorized for firearms carried within the City of Seattle. This applies to all officers on-duty, off-duty, or engaged in secondary employment. F. The Range Unit shall authorize and issue ammunition for firearms carried on-duty, except for .357 Magnum ammunition. 1. Officers carrying a .357 Magnum revolver will be issued .38 Special ammunition. Officers electing to carry .357 Magnum ammunition in firearms chambered for the cartridge shall be required to purchase their own .357 Magnum ammunition, and it must comply with subsection X of this manual section. 2. Ammunition authorized for special weapons, as provided for in subsection II of this manual section, will be unaltered factory manufactured ammunition as approved by the Bureau Commander authorizing the use of the weapon. G. The Range Unit shall not issue reloaded ammunition for any Department sanctioned shoot or training. The use of reloaded ammunition is restricted to personal target practice only. H. Officers will expend the duty ammunition loaded in their primary duty firearm during the last Department wide firearms qualification for the year. The Range Unit will then issue fresh duty ammunition at the completion of the last qualification of the year. Those authorized to carry .357 magnum ammunition will be required to purchase new ammunition. Ammunition Specifications A. Only unaltered factory manufactured cartridges with a conventional expanding bullet of the following types is authorized: .38 Special +P .357 Magnum .40 S & W B. Page 8 of 9 Speer 125gr. Speer 125gr. Speer 180gr. GDHP GDHP GDHP .380 Auto 9mm .45 ACP Speer 90gr. Speer 115gr. Speer 185gr. GDHP GDHP GDHP Notification of any changes to the ammunition specifications shall be made no less than 60 days prior to implementation. Section 8.030 Firearms XI. Cleaning and Care of Firearms A. Individual Responsibility 1. Each member of the Seattle Police Department shall maintain their primary (and secondary firearm if applicable), in a fully operational condition. Firearms will be clean and lubricated as required by the Range Unit. a. When on duty or when using Department facilities, firearms shall only be cleaned at an approved weapon cleaning station. Approved cleaning stations are located at each of the precincts, the police range, Headquarters and the Police Support Facility at Airport Way Center b. Prior to cleaning firearms, all firearms shall be cleared and rendered safe. c. When clearing a firearm for any reason at a Department facility, a clearing (sand) barrel shall be used. Page 9 of 9 Seattle Police Department Policies and Procedures Title: Section 8.040 Chapter: 8 - Firearms 040 – Firearms in the King County Courthouse POLICY Carrying firearms into the King County Courthouse is prohibited by order of King County Superior Court, except when conducting official Department business. I. Entry A. Entry to the King County Courthouse will be made through the Third Avenue entrance. Upon entry, advise the security agent that you are carrying a firearm. The agent will summon a King County Police officer to the security check point. The King County Police officer will ask the nature of your business and to see your commission card and badge. 1. II. III. This procedure applies to both officers in plainclothes and in uniform. B. Officers on Department business will be permitted to proceed with their firearm. C. Officers on personal business will not be permitted to proceed with their firearm. D. Officers on jury duty will not be permitted to proceed with their firearm. Securing of Weapons A. The King County officer will escort you to the weapons storage room. You will then place your weapon into an assigned gun storage locker. The King County officer will secure the gun storage locker and retain the key. You will be given a receipt for your weapon(s). B. When leaving the King County Courthouse, give the receipt for your weapon(s) to a King County officer at the Third Avenue entrance. The King County officer will then escort you to the weapons storage room, where you may retrieve your weapon. The King County officer will then escort you out of the building. Compliance A. Personnel failing to comply with the King County Courthouse firearms policy are subject to sanctions by King County Superior Court, King County Police Department, and the Seattle Police Department. Any questions concerning the firearms policy should be directed to the King County Courthouse or the Deputy Chief of Administration. Effective Date: 2/25/02 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 8.050 Chapter: 8 - Firearms 050 – Holster Purpose This policy will set a minimum retention level of duty handgun holsters for uniform patrol personnel, sworn personnel working plainclothes assignments, reserve officers, and special commission officers working in a Seattle Uniform. Philosophy Across the nation officers are being killed or injured through unintentional discharges or having their weapon taken from them by an assailant. This has been attributed in part to the types of holsters officers are carrying on duty. Officers and police departments must be aware of the important balance between the officer’s ability to quickly draw the weapon from the holster, with the need for being able to keep the weapon secured in the holster. This policy will ensure that the sworn members of the Seattle Police Department utilize a holster that will minimize the risk of having their weapon taken from them during an encounter and still provide a good tactical draw. Command personnel are authorized to direct personnel who are using a holster that appears unserviceable or does not provide adequate security for the carried weapon to contact the Range staff for information and training. This procedure will help ensure not only the officer’s safety, but those who work beside him/her. Definitions Duty Handgun: Any handgun that an employee has used to successfully complete the Department qualification course and is authorized by the Department for use in a duty assignment. Holster: Any device worn by an officer to hold the officer’s duty handgun. Fanny packs; handbags, and backpacks do not qualify as holsters under this policy. Investigatory Undercover Assignment: Any non-uniform duty assignment where the officer’s true identity and profession are not intended to be immediately revealed, and the officer is not expected to take police actions. Passive Internal Locking Device: A means by which a weapon, once holstered, and before securing any other external retention snaps, straps, buttons, or levers, instantly locks into the holster by means other than friction. Plainclothes Assignment: An assignment that does not require the employee to be dressed in the uniform approved by the Seattle Police Department. Retention: The ability of a holster to independently retain a handgun once placed inside the holster. Uniformed Assignment: An assignment that requires the employee to wear an approved Seattle Police Uniform. Policy It is the officer’s responsibility to purchase an approved holster and to train with that holster to become proficient with its workings. When practicing with the holster, the officer must follow proper safety practice procedures to ensure that unintentional discharges of the weapon are avoided (see: Dry Fire Practice Ritual - Procedure and Tactics #040). Effective Date: 8/15/07 Page 1 of 3 Section 8.050 Holster I. II. III. IV. Uniform Assignments A. Officers hired after January 1st, 2006 are authorized to deploy only with a holster that has a passive internal locking device in addition to any external retention snap, strap, or other retention system that requires the officer to secure the handgun. The holster appearance must comply with Department uniform standards. B. A holster will not be modified from factory condition. However, the height of the holster on an officer’s waistline may be adjusted. C. Cross-draw, fanny pack, ankle holsters, and shoulder holsters are not authorized for uniform duty primary weapon use. D. Officers hired prior to January 1st, 2006 are strongly encouraged to use a holster that complies with this policy. When the officer’s current duty holster is no longer serviceable, they must replace it with a holster that complies with this policy. Plainclothes Assignments A. Officers who are working a plainclothes assignment will be required to carry their primary duty weapon in a holster that has at least a manual retention or passive locking device to secure the weapon. The mere friction against the side of the weapon to retain the weapon in the holster is not considered a retention device. B. Cross-draw, fanny pack, ankle holster, handbags, and shoulder holsters are not authorized for plainclothes primary duty weapon use. C. Exceptions to this requirement may be approved by an employee’s Bureau Commander with justification. Justification will be documented on a Memorandum and sent up the chain of command for approval. If an alternative carry method is granted it must be used during Department qualifications. Inspection A. During Department qualifications or Department training, the Range Staff and Training Staff will inspect and evaluate holsters used by sworn personnel. If the Range/Training Staff identify a problem with an employee’s holster they will address the problem with the employee and attempt to assist the employee in becoming compliant with this policy. If the problem can not be resolved the Range/Training staff will document the nature of the problem and identify the employee on a Memorandum which will be sent to the Commander of the Training Unit for follow up. B. Precinct/Section Commanders should inspect the holsters used by the officers under their command for compliance during regular Line Inspections. Authorized Holsters A. Page 2 of 3 The Audit, Accreditation and Policy Unit will maintain a list of holsters that meet the qualifications for uniform duty use. This list will be updated when necessary. If an officer would like a holster evaluated for inclusion on this list they should send a Memorandum to the Audit, Accreditation and Policy Unit (or email Inspections, SPD), who will arrange an evaluation of the holster with the Range Staff. Final authorization of a holster shall be determined by the Deputy Chief of Administration. The sergeant of the Range Unit will document the evaluation and approve/disapprove the holster for duty use. The Audit, Accreditation and Policy Unit will notify the employee of the outcome and maintain the evaluation on file. Section 8.050 Holster Holsters Approved for Uniform Assignments (Manufacture/Model) Bianchi 7130 AccuMold® SL 3.2.1™ Duty Holster 7135 SpreedBreak, 7140 Dutylok, 390 Interceptor, 7930 SL 3.2.1, 7935 SpeedBreak, 7940 Dutylok Gould & Goodrich K380-G17W KForce Triple Retention Holster, K381-G17W KForce Double Retention Holster Michael of Oregon (Uncle Mike) Pro 3 Holster Duty Safariland 6365-83 Level II ALS 6295 Mid-Ride, Level III Retention for Pistols Only, 62955 LowRide, Level III Retention for Pistols Only 295 Mid-Ride, Level II Retention 2955 Low-Ride, Level II Retention 6070 Raptor™ Level III, MidRide Tactical Design Labs Professional Real Performance Duty Holster Blackhawk Blackhawk Level 3 (with pivot guard) Serpa Hol-0001A-001, Hol-0002A-001, Hol-0005A-001, Hol-0006A-001 Hol-00010SCHR-Traditional Soft Cover (This includes corresponding left handed models when available). 6075 Raptor™ Level III, LowRide 6270 Raptor™ Level II Plus, Mid-Ride UBL 6275 Raptor™ Level III, LowRide 070 Duty Holster, SSIII Mid-Ride, Level III Retention (revolvers only) 075 Duty Holster, SSIII Low-Ride, Level III Retention (revolvers only) C. Holsters approved for plainclothes assignments 1. Any high quality holster with a manual or passive retention device. Friction shall not serve as a passive retention device. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 8.060 Chapter: 8 – Firearms 060 – Officer Discharge of Firearm REFERENCES CALEA standards, 1.3.6, 1.3.8, 22.2.3, 41.2.4, 46.2.7 POLICY Any officer discharge of a firearm will be treated as a serious incident (See DP&P - Serious Incident Plan). This policy applies whenever an officer discharges a firearm, except at an approved range, legal hunting or target shooting area, or other authorized area. The following procedures apply regardless of whether the incident occurred while the officer was: on-duty or off-duty, inside or outside the city limits of Seattle, or acting in a law enforcement capacity. I. General Responsibilities A. Off-Duty 1. B. a. Notify an on-duty lieutenant immediately. b. At the lieutenant’s discretion, submit a written report of the incident. On-Duty 1. II. If you discharge a firearm, except as noted above, you shall: If you discharge a firearm while on duty: a. Notify your supervisor and an on duty lieutenant immediately. The supervisor and lieutenant shall respond to the scene. b. Submit all required reports before going off duty. Death or Injury Involved A. Notify Radio of the location of the shooting. Request that medics respond. B. Involved Officer(s) C. 1. Under no circumstances shall the involved officer(s) be the primary unit. 2. Do not make any statements to anyone outside of your chain of command. 3. Relinquish custody of discharged weapon to the Violent Crimes Section supervisor. The supervisor will provide a replacement weapon. 4. Respond to the Homicide/Assault Unit office as directed by the on-scene supervisor or commander to prepare and submit a report of the circumstances of the incident. Patrol Supervisor 1. Effective Date: 11/20/07 Duties and Responsibilities a. Obtain a brief summary of the incident from the involved officer(s). b. Do not allow the officer(s) to make any statements to anyone outside their chain of command. Page 1 of 5 Section 8.060 Officer Discharge of Firearm 2. D. Request the response of the Homicide/Assault Unit. d. Notify the Precinct Commander for the area in which the incident occurred. e. Turn command over to the on-scene commanding officer (lieutenant and above) upon their arrival. f. Ensure that the officer(s) are relieved from the scene and transported to the Homicide/Assault Unit office as soon as possible. g. Remain at the scene to coordinate security for the scene. h. Ensure that the necessary reports and statements have been completed and properly distributed before involved personnel go off shift. i. Prior to the inquest, arrange a meeting to review the inquest process with the: (1) Involved officer(s). (2) Watch Commander. (3) Precinct/Section Commander of the involved officer(s). (4) Assistant Chief of the involved officer(s) Bureau. j. Assign an officer to accompany involved officer(s) during the inquest. k. Plan to attend the inquest with the involved officer(s) and report the proceedings to the: (1) Precinct/Section Commander of the involved officer(s). (2) Assistant Chief of the involved officer(s) Bureau. Assisting the Involved Officer(s) at the Scene a. Do not isolate the officer(s). b. Do not allow the officer(s) to talk to other personnel about the incident. c. Ensure that involved officer(s) have access to: (1) Food and drink. (2) Restroom facilities. (3) Telephone or cellular phone. (4) Representative from their collective bargaining unit. d. If two or more officers are involved, do not separate them. e. Do not put the officer(s) in the back seat of a police vehicle. f. How an officer is treated during the time following the incident can have a psychological effect on them. (1) Avoid making the officer feel like a suspect. (2) Personnel are to be sensitive to individual officer needs. Physical contact with the officer must be evaluated on an individual basis. On-scene Commanding Officer (Lieutenant or above) 1. Page 2 of 5 c. Duties and Responsibilities a. Immediately respond to the incident location. b. A lieutenant or above in the officer’s chain of command shall be summoned from off-duty status if necessary. Section 8.060 Officer Discharge of Firearm c. (1) Respond to the location of the incident if it is within a reasonable distance. (2) Perform as a liaison between the Department and the other jurisdiction. 2. Assume command of the scene until the arrival of the Violent Crimes Section supervisor. Relinquish the scene to the control of the Violent Crimes Section supervisor upon their arrival. 3. The Violent Crimes Section supervisor on the scene, and the Commanding officer, will: 4. a. Secure the officer(s) discharged weapon in the exact condition it was fired and ensure that it is placed into Evidence for processing. Follow the procedures set forth in DP&P - Firearms as Evidence. b. Provide the officer(s) with a replacement weapon. The officer(s) should not leave the scene with an empty holster. c. Relieve the officer(s) from duty immediately pending further investigation. Unless otherwise indicated by the Violent Crimes Section supervisor on the scene, ensure that all officers directly involved in the shooting respond, or are transported, to the Homicide/Assault Unit office to complete statements. a. Assign another officer to accompany and transport the involved officer(s) to the Homicide/Assault Unit office. 5. Notify the Duty Commander. 6. Ensure that the Department Chaplain, a peer counselor representative, and a representative of the appropriate collective bargaining unit are notified of the incident. 7. E. If the discharge occurred in another jurisdiction: a. Arrange debriefing for on-scene officers. b. Arrange counseling for the involved officer(s). Coordinate with the Homicide/Assault Unit to ensure all existing reports, documents, and officer statements are routed immediately to the: a. Precinct Commander for the area in which the incident occurred. b. Precinct/Section Commander of the involved officer(s). c. Assistant Chief of the involved officer(s) Bureau. d. Office of the Chief. e. Media Response Unit. f. Deputy Chief of Administration. Duty Commander 1. Duties and Responsibilities a. Ensure that the following notifications are made: (1) Precinct/Section Commander of the involved officer(s). (2) Assistant Chief of the involved officer(s) Bureau. (3) Office of the Chief. (4) Deputy Chief of Administration. (5) Media Response Unit. Page 3 of 5 Section 8.060 Officer Discharge of Firearm F. Homicide / Assault Unit 1. III. Completion of the investigation is the responsibility of the Homicide/Assault Unit. No Injury Involved A. B. Involved Officer(s) 1. Do not make any statements to anyone outside of your chain of command. 2. Relinquish custody of discharged weapon as required. If weapon discharged was a duty weapon, a replacement weapon will be provided at the time the discharged weapon is relinquished. Primary Unit 1. C. Patrol Supervisor 1. D. Under no circumstances shall the involved officer(s) be the primary unit. Duties and Responsibilities a. Obtain a brief summary of the incident from the involved officer(s). b. Do not allow the officer to make any statements to anyone outside their chain of command. c. Notify the on-duty lieutenant. d. Turn command over to the on-duty lieutenant upon their arrival. e. Ensure that the involved officer(s) are relieved from the scene and respond to the precinct as soon as possible. f. Ensure that a sketch is completed and photographs are taken of the scene. g. Ensure that the necessary reports and statements have been completed and properly distributed before involved personnel go off shift. h. Ensure that notification is made to the: (1) Precinct Commander for the area in which the incident occurred. (2) Precinct/Section Commander of the involved officer(s). On Scene Commanding Officer (Lieutenant or above) 1. Duties and Responsibilities a. Personally investigate the firearms discharge and prepare a detailed written report of the incident. If the discharge occurred in another jurisdiction, perform as a liaison between the Department and the other jurisdiction. b. If the incident may have been the result of an accidental discharge, either human error or mechanical defect, place the weapon into Evidence for examination. (1) If the discharged firearm was the officer’s duty weapon, immediately provide the officer with a replacement firearm. (2) Firearms will be examined for proper functioning by a qualified gunsmith at the direction of the Commander of the Training Section. (a) Page 4 of 5 If it is determined that the officer’s firearm malfunctioned, it must be repaired by qualified personnel before the officer may carry the firearm on or off-duty. Section 8.060 Officer Discharge of Firearm c. If the firearm discharge was intentional, the on-scene commanding officer shall: (1) (2) (3) 2. 3. (a) Make, model and caliber. (b) Serial number. (c) Brand, type and caliber of ammunition fired. (d) Brand, type and caliber of all unexpended ammunition carried in the firearm. Inspect all other ammunition carried by the officer, and record the: (a) Brand, type and caliber. (b) Quantity. Report the results of the inspection in the detailed written report mentioned above. Ensure that notifications are made to the: a. Concerned Bureau Commander. b. Chief of Police. c. Media Response Unit. d. Duty Commander. Ordinarily, the commanding officer will relieve the officer from duty immediately pending further investigation. a. IV. Inspect the firearm and record the: Exceptions may be made, such as the shooting of an animal or in minor incidents when staffing levels are critical. Reporting Procedures A. Ensure that a copy of all existing reports, documents and statements are routed immediately to the: 1. Involved officer’s Bureau Commander. 2. Deputy Chief of Administration. 3. Chief of Police. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 8.070 Chapter: 8 - Firearms 070 – Rifle Policies & Safety POLICY Only officers who are trained and qualified in the use of the Seattle Police Department’s patrol rifle are authorized to carry and deploy this weapon. This policy is intended to be consistent with, and a component part of, the Department policy on the Use of Deadly Force. I. II. Definitions A. Employee - any Department sworn employee authorized, trained, and currently qualified to carry a rifle. B. Storage condition - the weapon’s selector lever is on “safe”, the magazine has been removed, the chamber is empty, the bolt is locked open, and a magazine block is inserted in the magazine well. C. Tactical condition - when the weapon’s selector lever is on “safe”, a magazine is loaded in the weapon and a round is chambered, making the weapon ready for immediate use. D. Patrol car ready - the weapon’s selector lever is on “safe”, no live round is in the chamber, the bolt is closed, a fully loaded magazine is inserted in the magazine well, and the ejection port dust cover is closed. Rifles A. Authorized Rifles Patrol Rifle Colt or Bushmaster AR 15 style .223 Remington 16 inch or 14.5 inch Black parkerized finish with either fixed or collapsible stock. Slings, tactical lights, and ACOG sights are authorized for use. 20 or 30 round magazines may be used. Make Caliber Barrel length Appearance B. Authorized Modifications: 1. Only the Firearms Training Unit armorer will perform or authorize modifications and repairs to the Patrol Rifles. 2. The only authorized modifications are: a) Changes to the pistol grip. b) Addition of a “gapper plug” above the pistol grip area. c) Use of a different sling system other than the issued tactical sling. d) Left-handed shooters may have approved ambidextrous accessories installed by the range armorer. e) Tritium front post if no ACOG sight is used. f) Selection of either a fixed or an adjustable stock. Effective Date: 07/28/04 Page 1 of 4 Section 8.070 Rifle Policies & Safety C. III. Deviations from these weapon specifications must have prior approval of the Commander of Training. 4. Rifles will be inspected by the Firearms Training Unit at Patrol Rifle qualifications. Issuance and Use 1. On-duty officers are only authorized to use Department issued rifles. 2. Off-duty use of the Department issued rifles is restricted. Written approval must be obtained from the Deputy Chief of Operations for off-duty use of the rifle. 3. The Firearms Training Unit issues rifles to qualified officers and maintains an accurate and up-to-date record of officers to whom a rifle has been assigned. Program Eligibility and Assignment A. Participation in the patrol rifle program is a voluntary assignment unless a Precinct Commander or above deems an immediate operational need for that resource. B. Officers must have successfully completed 2 years of service following their sworn date with SPD to be eligible for assignment to the patrol rifle program. C. The selection process is as follows: D. IV. 3. 1. When openings exist or are anticipated, there will be an announcement within each Operations Bureau (usually at roll calls) for interested officers to submit their names. 2. The Precinct Commander will make the selection from the list of officers submitting their names. 3. This list of names will then be submitted to the Bureau Commander in charge of the program. He or she will review the names and obtain firearms qualification scores for the last 2 years for each interested officer. 4. After reviewing the list, the Bureau Commander will send the names of those officers selected to the Advanced Training Unit. The Advanced Training Unit will notify those selected through their chain of command. 5. Complete the Training Course and requirements. Allocated rifle positions will remain within the precinct of assignment at the discretion of the Precinct Commander. General Rifle Handling A. The rifle safety will be ON at all times unless the operator is on target and has decided to shoot. B. The rifle will not have a round loaded in the chamber when in a police vehicle, and will be locked in its holder or stowed in its carrying case in the trunk when not in use. C. A round will only be loaded into the chamber of the weapon outside the police vehicle in anticipation of the weapon’s imminent use (“Tactical Condition”). D. Except when anticipating the imminent use of the rifle, employees will inspect the weapon to ensure that the safety is on and there is no round loaded in the chamber when: E. Page 2 of 4 1. Checking a rifle out from an authorized police weapons storage facility or locker. 2. Taking the rifle out of its locked holder or Department approved carrying case. 3. Receiving a rifle from another person. If the rifle is found to have a round in the chamber, the employee will move to a safe location, point the muzzle in a safe direction and unload the weapon as detailed in the SPD Procedures and Tactics Publication Section-040 Weapon Safety. Section 8.070 Rifle Policies & Safety 1. F. V. The rifle will be placed in “Storage Condition” before it is turned in or stored. Rifle Deployment A. B. Recommended Use. Below are guidelines for deploying with a rifle. The officer will be responsible for justifying his/her decision to deploy with a rifle in any given set of circumstances. 1. Where greater accuracy is desired which cannot be achieved with a handgun or shotgun. 2. Incidents in which a suspect or suspects are heavily armed (i.e. a rifle). 3. Incidents in which a suspect or suspects are wearing body armor. 4. Incidents where there is lack of appropriate cover within acceptable ranges near the threat for the use of a handgun or shotgun, indicating the need for greater accuracy. 5. To provide containment at a safer distance while awaiting arrival of the S.W.A.T. Team. Rifle Use: 1. C. VI. In a precinct, at the range or other facility where a firearm-unloading barrel is present, the rifle must be unloaded with the muzzle pointed into the barrel. Whenever use of the rifle is anticipated, officers will ensure that they have a clear field of fire. As with any other firearm, officers must be especially mindful of the potential danger to innocent bystanders, occupants of nearby buildings, and traffic if the weapon is used in congested areas. Post Firing Rifle Handling: 1. In the event the rifle is fired, the officer must maintain the condition of the rifle. After the incident has been stabilized, the safety shall be engaged. No other actions shall be taken to render the rifle “safe”. 2. The rifle shall be turned over to Investigations Bureau personnel. Rifle Security A. B. Vehicles: 1. Rifles will be removed from any vehicle prior to being taken out of service or being serviced by any trusty assigned to a precinct (for example, fueling, washing, etc.) unless an officer is available to standby with the vehicle until the maintenance is completed. 2. Vehicles with electronic locks shall not be left unattended without first removing the ignition key. 3. Vehicles with manual locks shall not be left unattended without first removing the rifle lock key. Precinct 1. C. Employees will secure the rifle in their assigned locker when not in use unless there is a designated secured rifle storage space in the police facility. Rifles in lockers will be secured in “storage condition”. Rifles in vehicles will be “patrol car ready”. Training 1. Employees may take their rifles to training. a. 2. An employee must receive approval from the training Commander for attending any training outside of Department training. The rifle must be transported in its case. Page 3 of 4 Section 8.070 Rifle Policies & Safety VII. Qualifications A. B. Qualification 1. The Commander of the Training Section shall establish the qualification standards and proficiency-training curriculum. Qualification standards are minimum scores established by the Commander of the Training Section, and are published in Department Special Orders prior to a scheduled qualification session. 2. Officers shall qualify with their Department-issued patrol rifle. All rifle officers are required to qualify as prescribed in Department Directives or Special Orders. 3. Officers are required to initial next to their score on the sign-in sheet. This will ensure that the officer knows and agrees with the score as documented. 4. Those who fail to meet the minimum score will be given one additional opportunity to qualify during that session. 5. Unexcused failures to shoot, or failure to appear for remedial training as directed, will cause the Commander of the Training Section to forward a memorandum to the officer’s Bureau Commander, and may result in removal of the employee from the rifle program. Qualification Waivers 1. C. Waivers must be requested per the procedures described in the current qualification Special Order. Failure to Qualify 1. Officers failing to qualify with their patrol rifle are responsible for contacting the Firearms Training Unit and scheduling remedial training if desired. a. Officers are not authorized to carry the patrol rifle for duty use until successful completion of the rifle qualification is accomplished. b. A certified firearms instructor will be assigned to the officer upon request. c. It is the officer’s responsibility to meet with their assigned instructor as often as needed during the remedial training period of thirty days to acquire the skills required to successfully qualify with the rifle. No overtime is authorized for this activity. 1) Officers will be provided with a reasonable amount of target ammunition and range time. Note: The “thirty day remedial training period” begins at the time of the failure to qualify. Any attempt to re-qualify prior to the completion of the 30 day deadline will conclude the remedial training period. Page 4 of 4 2. Officers failing to qualify after remedial training shall be removed from the patrol rifle program. 3. Officers may appeal their removal from the patrol rifle program to the Firearms Qualification Review Board (FQRB). 4. Should the officer be disabled or on sick leave during any portion of the thirty day remedial period, the thirty day period shall be lengthened by the amount of time the officer was disabled or on sick leave. Seattle Police Department Policies and Procedures Title: Section 8.080 Chapter: 8 - Firearms 080 - Shotgun Policies & Safety REFERENCES CALEA standards 1.3.10. POLICY Only officers who are trained and qualified in the use of the Seattle Police Department’s patrol shotgun are authorized to carry and deploy this weapon. This policy is intended to be consistent with, and a component part of, the Department policy on the Use of Deadly Force. I. Definitions A. Employee: Any Department sworn employee authorized, trained, and currently qualified to carry a patrol shotgun. B. Storage condition: The shotgun safety is on “safe”, the magazine tube is empty, the orange Saf-T-Round is inserted in the chamber, the forend is closed on the orange Saf-T-Round. C. Tactical condition: The shotgun safety is on “safe”, the magazine tube is loaded with precision buckshot shells or slugs and a shell is loaded into the chamber making the weapon ready for immediate use. D. Patrol car ready condition: The shotgun safety is on “safe”, the chamber is empty, the shotgun is decocked, and the magazine tube is loaded with five (5) precision buckshot shells. II. Shotgun A. Authorized Shotgun is the Remington 870, 12-gauge pump-action shotgun, with an unrifled 18-inch smooth cylinder bore barrel. The shotgun will have a black polymer or wooden stock in three (3) configurations; 12½-inch short stock, or 13-inch pistol grip stock, or 13½-inch standard stock. The shotgun will have a tactical sling, Lazzarini light mount with PolyStinger light, sidesaddle shell carrier, magazine extension and adjustable ghost ring sights. B. Authorized Modifications: 1. Only the Firearms Training Unit Armorer will perform or authorize modifications and repairs to the patrol shotguns. 2. The only authorized modifications are: a. C. Cheek pads mounted on the stocks. 3. Deviations from these shotgun specifications must have prior approval of the Commander of Training. 4. Firearms Training Unit personnel will inspect the patrol shotguns for serviceability and maintenance at scheduled shotgun qualifications. Issuance and Use 1 On-duty officers are only authorized to use Department issued shotguns. 2. Off-duty use of the Department issued shotguns is restricted. Written approval must be obtained from the Deputy Chief of Operations for off-duty use of the shotgun. Effective Date: 2/6/07 Page 1 of 4 Shotgun Policies & Safety III. Section 8.080 3. The Firearms Training Unit issues shotguns to qualified officers and maintains an accurate and upto-date record of officers to whom a shotgun has been assigned. 4. Officers who fail to remain current on all scheduled training and qualifications will be removed from the Patrol Shotgun Program. Their shotgun and all associated issued equipment must be turned into the Firearms Training Unit. Program Eligibility and Assignment A. Participation in the Patrol Shotgun Program is a voluntary assignment open to all sworn personnel. B. Officers must have successfully completed their probationary period after graduation from the Basic Academy to be eligible for assignment to the Patrol Shotgun Program. C. The selection process is as follows: IV. 1. Patrol Shotgun schools are scheduled throughout the year by the Firearms Training Unit. A minimum of one school quarterly is scheduled. School announcements are sent to all sworn personnel via Department email. Interested officers are requested to submit their names on a memo up their chain of command to their Captain. 2. The Officer’s or Detective’s Captain will make selections and authorize the training time. 3. This list of names, approved by the chain of command will then be submitted to the Firearms Training Unit. 4. The Firearms Training Unit will then notify those selected of the training dates and times. 5. Successful completion of the three day training course and requirements. General Shotgun Handling A. While on duty, officers will store their shotguns in the electronic shotgun rack of the patrol car if equipped with one. If not equipped with a rack, officers will secure the shotgun in the Department approved carrying case locked inside the trunk. In either case, the shotgun will be stored in the patrol car ready condition. B. Once the decision is made to deploy with the shotgun, the officer will determine when to place the shotgun in the tactical condition. The decision to chamber a shell should be based upon their perception of the immediacy of the need. C. After placing the shotgun in the tactical condition, the officer may take the weapon off “safe” when the stock of the weapon is mounted in the shoulder. D. It is advised that officers should place the safety switch in the on position anytime the stock is removed from the shoulder. E. V. If the situation is resolved without the need to fire the shotgun, the officer will use a safe location to place the shotgun back into a storage or patrol car ready condition as soon as practical. Shotgun Deployment A. Recommended Use. Below are guidelines for deploying with a shotgun. The officer will be responsible for justifying his/her decision to deploy with a shotgun in any given set of circumstances. 1. Where greater accuracy is desired which cannot be achieved with a handgun. 2. Incidents with multiple and/or armed suspects. (i.e. a rifle). 3. Incidents in which a suspect(s) are wearing body armor. 4. Incidents where there is lack of appropriate cover within acceptable ranges near the threat for the use of a handgun. Page 2 of 4 Shotgun Policies & Safety B. 5. To provide containment at a safer distance while awaiting arrival of a Patrol Rifle officer or S.W.A.T. team members. 6. For long cover situations or rapid intervention. Shotgun Use: 1. C. VI. Section 8.080 Whenever use of the shotgun is anticipated, officers will ensure that they have a clear field of fire. As with any other firearm, officers must be especially mindful of the potential danger to innocent bystanders, occupants of nearby buildings, and traffic if the weapon is used in congested areas. Post-firing shotgun handling: 1. In the event the shotgun is fired, the officer must maintain the condition of the shotgun. After the incident has been stabilized, the safety shall be engaged. No other actions shall be taken to render the shotgun “safe”. 2. The shotgun shall be turned over to Investigations Bureau personnel. Shotgun Security A. Vehicles B. 1. Shotguns will be removed from any vehicle prior to being taken out of service or for scheduled maintenance unless an officer is available to standby with the vehicle until the maintenance is completed. 2. Vehicles with electronic locks shall not be left unattended without first removing the ignition key. 3. Vehicles with manual locks shall not be left unattended without first removing the shotgun lock key. Precinct 1. C. VII. Officers will secure the shotgun in their assigned locker when not in use. Shotguns stored in lockers will be in the storage condition. Shotguns in vehicles will be stored in the patrol car ready condition. Training 1. Officers will take their shotguns to training. 2. An officer must receive approval from the training Commander for attending any training outside of Department training. 3. The shotgun must be transported in its Department approved case. Qualifications A. Qualification 1. The Commander of the Training Section shall establish the qualification standards and proficiencytraining curriculum. Qualification standards are minimum scores established by the Commander of the Training Section, and are published in Department Special Orders prior to a scheduled qualification session. 2. Officers shall qualify with their Department-issued patrol shotgun. All shotgun officers are required to qualify as prescribed in Department Directives or Special Orders. 3. Officers are required to initial next to their score on the sign-in sheet. This will ensure that the officer knows and agrees with the score as documented. 4. Those who fail to meet the minimum score will be given one additional opportunity to qualify during that qualification session. Page 3 of 4 Shotgun Policies & Safety 5. B. Unexcused failures to qualify, or failure to appear for remedial training as directed, will cause the Commander of the Training Section to forward a memorandum to the officer’s Bureau Commander, and may result in removal of the officer from the shotgun program. Qualification Waivers 1. C. Section 8.080 Waivers must be requested per the procedures described in the current qualification Special Order. Failure to Qualify 1. Officers failing to qualify with their patrol shotgun are responsible for contacting the Firearms Training Unit and scheduling remedial training if desired. a. Officers are not authorized to carry the patrol shotgun for duty use until successful completion of the shotgun qualification is accomplished. b. A certified firearms instructor will be assigned to the officer upon request. c. It is the officer’s responsibility to meet with their assigned instructor as often as needed during the remedial training period of thirty days to acquire the skills required to successfully qualify with the shotgun. No overtime is authorized for this activity. (1). Officers will be provided with a reasonable amount of ammunition and range time. Note: The “30-day remedial training period” begins at the time of the failure to qualify. Any attempt to re-qualify prior to the completion of the 30-day deadline will conclude the remedial training period. 2. Officers failing to qualify after remedial training shall be removed from the Patrol Shotgun Program. 3. Officers may appeal their removal from the patrol shotgun program to the Firearms Qualification Review Board (FQRB). 4. Should the officer be disabled or on sick leave during any portion of the 30-day remedial period, the thirty day period shall be lengthened by the amount of time the officer was disabled or on sick leave. Page 4 of 4 Seattle Police Department Section Policies and Procedures Title: 9.020 Chapter: 9 - Equipment & Uniforms 020 - Employee Dress Standards REFERENCES CALEA standard 26.1.1 POLICY Department employees shall wear clothing and accessories that are appropriate for their work setting. Commanders, supervisors and managers will monitor their subordinate’s compliance with this policy. Compliance with this policy may be evaluated during inspections. Employees should ensure that clothing does not create a distraction or cause a safety hazard. I. Business Attire A. II. Employees who interact with the public in any capacity, as a Department representative will be attired as follows: 1. Department approved Uniform of the Day for sworn employees working a uniformed assignment. 2. For plain-clothes officers and civilian employees, the Commander of a Precinct/Section, or a civilian Director/Manager (Section Commander equivalent), will determine the dress code for their command. This is dependent on the operations of the specific unit and the notification of the appropriate Bureau Commander. The commander/director/manager may allow variances based on weather conditions. The Command Staff may establish a specific dress code for a specific work group as necessary. Personal Appearance Regulations A. Male Hair Standards 1. The bulk or length of the hair will not interfere with the normal wearing of the standard police uniform cap or helmet. 2. The maximum extension of the hair outward from the top of the head will not exceed two inches (2”), tapering to a maximum extension above the ear of one and one-half inches (1-1/2”), and no more than one-half (1/2”) from the side of the face at the base of the sideburn. 3. Sides and back of the hair may be either tapered or blocked. In no event will the hair cover more than one-half inch (1/2”) of the ear, nor extend over the uniform shirt collar, when the officer assumes the military position of attention. 4. Sideburns shall extend no further than one-half (1/2”) below the ear, and will be no more than one and one-half inches (1-1/2”) in width, and will be cut horizontally. 5. The face will be clean shaven, except that mustaches will be permitted. If a mustache is worn, it shall be kept neatly trimmed and tidy. Mustaches may extend laterally not more than one-half inch (1/2”) from the corner of the mouth, nor more than one-quarter inch (1/4”) below the corner of the mouth, nor more than one-quarter inch (1/4”) down over the upper lip. Effective Date: 10/31/06 Page 1 of 2 Section 9.020 Employee Dress Standards B. Female Hair Standards 1. C. D. E. For uniformed female officers, hairstyles shall be worn so that no part of the hair extends over the uniform shirt collar. The bulk or length of the hair must not interfere with the wearing of the uniform hat or helmet. Assignments Requiring Non-regulation Hair Standards 1. Written authorization for individuals working assignments that necessitate non-standard hairstyles shall be obtained from their respective Bureau Commander. 2. Those officers obtaining this special permission shall not be permitted to be employed off-duty where the wearing of the police uniform is required. Jewelry 1. When in uniform, sworn and civilian employees shall limit the visible jewelry they wear to a wristwatch, medical bracelet worn on the wrist, and up to two rings worn on the fingers. Male officers shall not wear any type of earrings while on duty. 2. Uniformed female employees may wear no more than one earring on each ear. Earrings shall be post or clip-on types which are no larger than one-quarter inch (1/4”) in diameter. 3. All uniformed employees are prohibited from wearing any jewelry (other than earrings mentioned above), accessory or other decorative hardware, anywhere on their face or tongue while on duty or at any formal Department function. Assignments requiring exemption from jewelry regulations 1. Written authorization for individuals working assignments that necessitate an exemption from jewelry regulations shall be obtained from their respective Bureau Commander. a. Page 2 of 2 An exemption from jewelry regulations will not extend to any employee’s appearance in uniform, whether on or off duty, or at any formal Department function. Seattle Police Department Policies and Procedures Title: Section 9.030 Chapter: 9 - Equipment and Uniforms 030 - Uniform & Equipment Reimbursement REFERENCES CALEA standards 22.2.8. I. II. III. Definitions A. Anniversary: That date twelve calendar months following the date of hire. B. Date of Hire: The date employment begins as a Police Officer, Parking Enforcement Officer, or Police Recruit. C. Month: Fifteen (15) or more calendar days which shall constitute one month for purposes of prorating time of service. D. Parking Enforcement Officer: A civilian employee enforcing parking regulations. E. Police Officer: A person who, having taken the oath of office, is charged with the obligation to maintain peace and order. F. Recruit: A civilian employee of the Department who, upon successful completion of the Police Academy, may become a sworn police officer. Annual Uniform Allowance A. All the employees described above are entitled to an annual clothing allowance for the maintenance and purchase of uniform clothing as established by collective bargaining agreements or policy. B. All entitled employees terminating employment shall be paid a prorated share of their annual clothing allowance. Prorating may be used by payroll, as necessary to alter the anniversary, when an employee changes status. C. Unpaid absence from the Department for one to twelve months shall alter the anniversary by the amount of time absent. The allowance shall be prorated if the absence exceeds one year. D. Former Seattle police officers who have been separated from the Department for more than 24 consecutive months shall be eligible for an initial clothing allowance in the amount required by City ordinance, collective bargaining agreement or Department policy upon being sworn as a police officer. Under no circumstances shall an individual be eligible for additional clothing allowance by further separation and re-hire. Initial Uniform Allowance A. The Training Section shall conduct an equipment inspection during Department orientation training for the following: 1. Newly commissioned officers, 2. Lateral transfers from other police departments, and 3. Former Seattle police officers who have been re-hired. Effective Date: 11/9/07 Page 1 of 4 Section 9.030 Uniform & Equipment IV. B. Upon satisfactory completion of the inspection, the Training Section shall conduct an “Initial Clothing Inventory” and forward the results to the Fiscal, Property, and Fleet Management Section. C. The Fiscal, Property, and Fleet Management Section shall authorize payment of an initial uniform allowance upon receipt of the clothing inventory in the amount authorized by City ordinance, collective bargaining agreement, or Department policy. Claims for Damaged, Destroyed, Stolen, or Lost Uniforms or Equipment (Personal Property) A. Policy 1. The City maintains a fund for the purpose of paying, in vouchers approved by the Chief of Police, costs of repair or replacement of Police Officers’ and Parking Enforcement Officers’ clothes or personal equipment damaged, destroyed, stolen, or lost in the line of duty. 2. An item is considered damaged if, as a result of some action, its usefulness is substantially reduced. 3. The City shall not pay repair or replacement costs for those uniform or equipment items which are damaged, destroyed, stolen, or lost through officer negligence. NOTE: Department personnel are responsible for the cleaning costs of their uniforms and personal clothing items which become dirty or soiled during the course of duty. Payment for repair or replacement of equipment shall only be made for items which are damaged, destroyed, stolen, or lost in the line of duty. B. Procedures 1. Damaged items shall be inspected by the concerned officer’s immediate supervisor during the shift when the damage occurred. 2. Requests for reimbursement shall be submitted to the concerned officer’s immediate supervisor and must include: a. Personal Property Request for Reimbursement - Damaged, Destroyed, Stolen, or Lost, Uniforms or Equipment (form 13.18, Side B), (1) 3. Page 2 of 4 Personal equipment not specifically required or authorized by Department policy: (a) Indicate in the “Explain the Circumstances” section of the form if a letter of authorization from a Bureau Commander was obtained for the item before it was damaged, destroyed, stolen, or lost, and (b) Attach a copy of the letter. b. Receipt(s) for repairs or replacement costs, c. Receipts or other proof which would indicate the date and price of the original purchase. In the event that the officer is unable to obtain the original receipt, a Memorandum indicating the date of purchase, item(s) purchased, and cost of each item(s) shall be submitted with the claim form, d. Where appropriate, a copy of theGeneral Offense Report. The immediate supervisor shall indicate their recommendations for approval or disapproval of the reimbursement request and forward it through the employee’s chain of command to their Section or Precinct Commander for recommendations. Section 9.030 Uniform & Equipment 4. C. Conditions of Reimbursement 1. Reimbursement for damaged, destroyed, stolen, or lost uniform items, or other equipment required by the Manual shall be made upon proof of purchase of the replacement item (See B2c. of this section). 2. Items of personal property which officers elect to use on-duty, but which are not required by the Manual, shall be used at the officer’s own risk and may not be subject to reimbursement. 3. Uniform and equipment items that may be considered for reimbursement: 4. 5. V. Approved requests shall then be forwarded to the Director of the Fiscal, Property, and Fleet Management Section where the amount of reimbursement is determined. A check is then issued by the Fiscal Management Unit for the approved amount. a. All non-issue uniform and equipment items required by the Manual, b. Prescription and safety eyeglasses, c. Timepieces, d. Personal equipment such as cameras and binoculars which are used with prior approval of Section/Precinct Commanders, and e. Any electronic device used to aid an employee in their performance duties. f. Other equipment or clothing may be considered, such as items worn by plainclothes personnel, and shall be approved on an individual basis by the concerned officer’s Section/Precinct Commander. Uniform and clothing items shall be prorated on the following basis: a. For the first year--100% of original price, b. For the second year--75% of original price, c. For the third year--50% of original price, and d. For the fourth year--25% of original price. Reimbursement for any non-uniform item shall be as follows: a. Prescription eyeglasses shall be repaired or replaced at a cost not to exceed $125, b. Safety eyeglasses and non-prescription sunglasses shall be repaired or replaced at a cost not to exceed $25, c. Timepieces shall be repaired or replaced at a cost not to exceed $70, d. Flashlights damaged, destroyed, or lost in the line of duty shall be replaced at 100% of original purchase value, and e. Electronic devices shall be repaired or replaced at a cost not to exceed $100.00. f. Reimbursement requests for non-uniform items other than the above shall be approved on an individual basis. Specialized Clothing / Equipment (One-Time Reimbursement) A. Police officers and sergeants who are assigned to the Motorcycle Unit, Mounted Patrol Squad, or the Harbor Unit as divers are eligible (after one year of service in said assignment) for a one-time reimbursement of $500.00 for the purchase of required items of clothing or equipment unique to those assignments. Page 3 of 4 Section 9.030 Uniform & Equipment B. VI. Requests shall include: 1. A copy of the personnel order assigning the employee to one of the above units, 2. A Memorandum requesting reimbursement, and 3. Copies of purchase receipts for equipment / clothing. C. Requests shall be forwarded through the employee’s chain of command to Deputy Chief of Operations for approval. D. Approved requests shall be forwarded to the Fiscal, Property, and Fleet Management Section for reimbursement of funds. Conflicts With Collective Bargaining Agreements and City Ordinances A. Page 4 of 4 In the event of a conflict between the provisions of this manual section and those of a properly authorized collective bargaining agreement, the provisions of the agreement shall prevail insofar as members of the bargaining unit are concerned, and for the duration of the time covered by the agreement. Seattle Police Department Policies and Procedures Title: Section 9.040 Chapter: 9 - Equipment & Uniforms Figure 1 - Uniform Blouse Cloth Name Tag Placement (1/4” below top edge of pocket) Figure 2 - Uniform Blouse Shoulder Patch, Rank Insignia, Sleeve Braid, and Service Stars Placement Effective Date: 09/29/04 040 - Uniform Illustrations Figure 3 - Uniform Shirt Cloth Name Tag Placement (1/4” below top edge of pocket) Figure 4 - Uniform Shirt Shoulder Patch, Chevron and Service Stripes Placement Page 1 of 2 Uniform Illustrations Figure 5 - Uniform Sweater Cloth Badge and Name Tag Placement Figure 6 - Uniform Jacket Cloth Badge and Name Tag Placement Page 2 of 2 Section 9.040 Seattle Police Department Policies and Procedures Title: Section 9.050 Chapter: 9 - Equipment and Uniforms 050 – Uniforms & Equipment REFERENCES CALEA standards 16.3.4, 22.2.8, 26.1.1, 41.3.4,41.3.5, 41.3.6. APPROVAL AUTHORITY The Chief of Police shall be the final approval authority in all matters relating to uniforms and equipment. I. Technical Specifications and Uniformity A. The Audit, Accreditation, & Policy Section shall research and set all technical specifications for uniform clothing and uniform equipment items. Recommendations will be given to the Command Staff for approval. II. The Uniform and Equipment Advisory Committee A. The Uniform and Equipment Advisory Committee will be responsible for testing and making recommendations concerning the style and functional suitability of specific uniform apparel and duty equipment. The Committee is made up of personnel throughout the Department and membership is adjusted depending on the uniform item or equipment being evaluated. The Audit, Accreditation and Policy Unit, under the authority of the Chief of Police, will select Committee members. B. The Audit, Accreditation, & Policy Section shall coordinate all wear testing and evaluations. III. Long Sleeve & Short Sleeve Uniform Shirts A. Unless otherwise instructed by a Special Order, Directive or direct order, officers may wear either the short sleeve or the long sleeve uniform shirt year round. IV. Uniform of the Day A. The Department utilizes a Class ‘A’ and Class ‘B’ uniform to address the specific needs of assigned uniform duty. These requirements are subject to change as determined by the Command Staff. The Command Staff will designate the ‘Uniform of the Day’ and communicate requirements to the Department. B. The Class ‘B’ uniform is the authorized uniform of the day unless otherwise directed by Command Staff. The Class ‘A’ uniform may be worn routinely, even when it is not required. C. The Class ‘A’ uniform will be worn at all special ceremonies or functions where a large contingent of Seattle Police Officers will be present. Special Orders or other communication from Command Staff will be issued when the Class ‘A’ uniform is required. The Command Staff will determine whether the long sleeve or short sleeve Class ‘A’ uniform will be worn for the specific event. D. The Department issued badge, cloth nametag, and shoulder patches shall be worn on all uniform shirts. E. Class ‘A’ Uniform Description 1. Short Sleeve Shirt: a. Elbeco or Flying Cross, model #7408Z (same number for both manufactures). 55% Tropical wool/ 45% polyester blend. The Class ‘A’ short sleeve shirt must be worn with a white crew neck t-shirt. Sweaters shall not be worn. Effective Date: 4/29/08 Page 1 of 11 Uniforms & Equipment 2. Long Sleeve Shirt: a. 3. F. Section 9.050 Elbeco or Flying Cross, model #7480Z (same number for both manufactures), 55% Dacron/45% wool. The Class ‘A’ long sleeve shirt must be worn with the necktie and Department authorized tie bar. Turtlenecks or the uniform sweater shall not be worn. Pants: a. Flying Cross, model #13507, 100% wool without cargo pockets. b. Blauer, model #8690P61, 55% polyester/45% wool blend, without cargo pockets. Class ‘B’ Uniform Description 1. Short Sleeve Shirt: a. 2. Long Sleeve Shirt: a. 3. Flying Cross, model #764R6927, (polyester, rayon and lycra). The short sleeve shirt will be worn with a white crew neck t-shirt. Sweaters shall not be worn. Flying Cross, model #414W6927, (polyester, rayon and lycra). The long sleeve shirt can be worn with the necktie and authorized tie bar or the authorized turtleneck. A white crew neck t-shirt, by itself, will not be worn under the long sleeve uniform shirt. The uniform sweater may be worn with the Class ‘B’ long sleeve shirt. Pants: a. Flying Cross, model #44900, (polyester, wool and lycra) with cargo pockets. b. 5.11, model #44060-750, (polyester/wool) with cargo pockets. V. Required Uniform Items A. Name Tags. Department issued (block print) cloth nametags shall be worn by each on-duty uniformed officer on the uniform shirt and optional sweater. Plastic nametags shall be worn with the uniform blouse. Officers shall also wear Department issued cloth nametags on the uniform jacket and utility uniform. (See DP&P - Uniform Illustrations for proper name tag placement.) The following requirements shall apply to all sworn Seattle Police Department personnel when wearing their uniform: The required nametag or identification device shall be worn on the outermost layer of the uniform, in the upper front torso area, and shall be clearly visible to the public. 1. In situations where the officer may remove the outermost layer of their uniform, that officer shall wear such nametag or identification device in the required location on any underlying layer of his/her uniform. 2. The outermost layer of the uniform must also clearly identify the name of the officer’s law enforcement agency (in most instances, this is fulfilled by the Department shoulder patch). 3. Officers shall not obscure or alter the nametag or identification device. 4. The nametag or identification device shall be in legible block print of at least 24-point typeface and will include the officer’s first initial and last name. Complete first names may be included as an option to the first initial. 5. For purpose of this section, “uniform” is defined to include, in addition to its normal meaning, any law enforcement agency issued or approved coat, jacket, sweater, rainwear, utility uniform or Demonstration Management protective gear that may be worn as an outer layer of clothing or in conjunction with that uniform. It shall not include civilian attire worn by plainclothes or undercover officers. 6. This nametag requirement applies to officers working on-duty or in an off-duty capacity while in the regulation Seattle Police Department uniform. Nametags must be affixed to all traffic control Page 2 of 11 Section 9.050 Uniforms & Equipment vests, rain jackets, the Department overcoat and leather motorcycle jackets. For those garments which do not have shoulder patches affixed, there are “Seattle Police” nametag sized department identifiers available, which will be provided to unit coordinators. B. Badges 1. Officer/Sergeant Badge – Officers will only be issued one numbered badge per rank. New officer and sergeant badges will be numbered with their serial number. a. Officer and sergeant badges that cannot be repaired will be replaced with a new serial number badge. b. If the officer has had a numbered badge issued for over five years the replacement badge may be the same number, rather then their serial number. 2. Lieutenant and above Badge. 3. Detective Badge 4. a. The Quartermaster Staff will issue a detective badge to an officer when the personnel order reflecting the transfer or reclassification has been published, or at the written direction of a Bureau Commander. b. Officers that are assigned to a permanent position in a detective unit will be issued a detective badge with their serial number. c. Officers “loaned” to a detective position or unit will be issued a standard detective badge upon approval of the Criminal Investigations Bureau Assistant Chief d. The use of a detective badge is authorized only while the officer is assigned to a detective position. The immediate detective supervisor will ensure that the detective badge is returned to the Quartermaster when the officer leaves the detective position, unless the officer is transferring to another detective unit or the detective badge has the employee’s serial number. e. Detective badges with serial numbers shall be retained by the officer after they leave the detective position. They are not authorized to “carry” the detective badge unless they return to a detective position. f. All officers are required to return assigned detective badges to the Quartermaster within 10 days of being transferred or reclassified to non-detective position. Duplicate Badges a. Officers wishing to acquire spare badges may do so by presenting a completed Purchase and Supply Request (form 1.5), approved by their Bureau Commander, to the Fiscal, Property, and Fleet Management (FPFM) Section. Duplicate badge policies apply to all officers regardless of rank. (1) The badge must be for the ordering officer’s use and shall have their “assigned badge number” on it. (2) The officer shall present their Department identification to the Fiscal Unit and pay a deposit for the badge. (3) The Fiscal Unit shall order the duplicate badge and have it delivered to the Quartermaster Unit along with a copy of the paid receipt. (4) The Quartermaster Unit will notify the officer when the badge arrives. (5) The FPFM Section shall deposit the purchase price for each badge, but shall return the full price to the officer when the badge is returned. (6) The badge shall be listed on the officer’s issued equipment list and shall be returned to the Department upon resignation, retirement, or termination. Page 3 of 11 Uniforms & Equipment Section 9.050 (7) All Department policies relating to badges (lost property, damaged equipment, etc.) apply to duplicate badges. C. Jacket: 1. The Blauer Model 9010Z or Model 9910Z, Gore Tex material, waist length, single-breasted with silver (gold for lieutenants and above) colored buttons on shoulder and sleeve epaulets, black zipper, with optional reflector tabs. 2. The Force Jacket by North Face, Navy Blue in color. 3. The Flying Cross, Model 79900 ‘Public Safety Jacket’, Navy Blue. D. Utility Uniform (BDU’s). Shall be black with a cloth nametag. This uniform replaces the blue UO/Riot jumpsuit (coverall). ID numbers are no longer issued. Utilities shall be worn on those occasions where it is impractical to wear the regular uniform (prisoner transport, riot situations, training, etc.). 1. Sergeants will wear “subdued” military-style sewn-on rank insignia on the sleeves of the utility uniform. 2. Officers will only be issued one set of BDU’s, unless an additional set is approved by an Assistant Chief or higher in writing. a. Funding for the additional BDU’s will be taken from the budget of the approving Assistant Chief. b. BDU’s that no longer fit may be exchanged as long as they are serviceable. Serviceable used BDU’s will be exchanged for serviceable used BDU’s of the proper size. E. Necktie. Shall be the four-in-hand or cravat style and navy blue in color. F. Shirt. Shall be French blue in color, of 100% wool or 45% wool/55% Dacron polyester blend, with removable buttons, navy blue shoulder straps, pocket flaps and cuffs (on winter shirts). Winter shirts shall be 11-12 oz. gabardine, summer shirts 8-9 oz. tropical worsted. G. Trousers. Shall be navy blue in color, 100% wool or the approved wool blend. H. Shoes or Boots. Shall be black leather/simulated leather with black laces and plain round toes. Boots may be constructed of a combination of nylon and leather. Shoes and boots shall present a business like appearance. Shoes and boots are to be shined as needed. 1. Cloth, running, athletic, and cross-training style shoes are not authorized. Western, Wellington, and “engineer” style pull-on boots are not authorized. Boots or shoes with buckles, straps, and buttons are not authorized. I. Socks. Black or dark blue socks shall be worn with low-cut shoes. J. Belt. Shall be black (leather or Velcro) and of sufficient width to adequately support a leather or nylon gun belt. K. Blouse. Required for lieutenants and above. Shall be single breasted, navy blue in color, matching that of the trousers/skirt, 45% Wool/55% Dacron polyester, 16-20 oz. elastique with optional liner. L. Cap. Shall be navy blue in color, eight point, and closed or ventilated band. 1. 2. Page 4 of 11 Wearing of the eight point uniform cap is required: a. At parades, ceremonies, and public gatherings. b. During inspections. c. When directed by a supervisor. Under all other conditions, the wearing of the eight point uniform cap shall be at the discretion of the individual officer. (A ranking officer may make exceptions to the above order during certain Uniforms & Equipment Section 9.050 public gatherings, i.e., crowd control at rock festivals, youth activities at the Seattle Center, etc., as long as uniformity is maintained.) VI. Optional Uniform Items A. Gloves. Shall be black in color unless engaged in another activity requiring a different color (i.e. traffic control). Section/Precinct Commanders shall approve exceptions. 1. B. Shot-filled or “loaded” gloves are prohibited Rainwear 1. The uniform raincoat for patrol and traffic officers shall be black in color. a. Full or waist length b. Either non-reversible or reversible to international safety standards of fluorescent yellow. c. For officer safety reasons, raincoats shall be worn with shoulder patches. 2. The uniform raincoat for foot-beat officers shall be the Chicago-style police raincoat, black, full length, cape front, and black with navy blue collar. 3. Per individual watch commander’s approval, officers have the option to wear a rain pant in poor weather conditions or extended traffic post assignments. a. Blauer B-Dry all condition pant (model 9834). b. The rain pant will be worn over uniform pant. D. Sweaters. Shall be long sleeve, “military type” v-neck sweaters with shoulder patches and epaulets. Authorized sweaters: 1. Blauer or Fechheimer cable-knit. E Turtlenecks. Shall be long sleeve, dark navy blue in color, constructed of 100% cotton or 50% cotton blends. There shall be no visible monogrammed insignia. In lieu of neckties, turtlenecks or mock turtlenecks are to be worn under the long sleeve uniform shirt or with the black utility uniform. F. Uniform Skirt. Optional for all sworn female personnel. Shall be navy blue, “straight style” with zipper in back, 100% wool or 45% wool/55% Dacron polyester blend (16-20 oz. elastique); or 45% wool/55% Dacron polyester blend (14-15 oz. serge). The skirt shall range in length from mid knee to two inches below the knee. G. Winter Cap. Shall be the navy blue, mouton fur trooper cap with deluxe quilted interior. This cap shall only be worn when the temperature is 32 degrees Fahrenheit or less. H. The uniform jacket and/or raincoat may be worn with the Class B uniform and with the Class A uniform when appropriate for conditions. VII. Uniform Accessories A. Designated Rank Colors 1. Service stars, “SP” emblems, insignia of rank, sleeve stripes, tie clasps, badges of office, cap shields, belt buckles, buttons, and other accessories shall designate rank by their colors; gold for lieutenants and above, including the Department Chaplains; silver for sergeants and police officers. B. American Flag Medal. A ½”(one-half inch) metallic flag may be worn at the option of the employee. If worn, it shall be centered one-quarter inch above the top of the right breast pocket in the absence of any other medals. C. Cap Braid. Shall be black for police officer, silver for sergeant, and gold for all ranks above sergeant including the Department Chaplains. The cap of the Chief of Police shall have gold bullion on the bill. Page 5 of 11 Uniforms & Equipment Section 9.050 D. Marksmanship Medals. Authorized marksmanship medals may be worn and positioned 1/4 inch above the top edge of the right pocket of the shirt and blouse, centered in a vertical line with the pocket button. E. Shoulder Patches. Department issued shoulder patches shall be centered on each arm of the uniform shirt, blouse, jacket, sweater, jumpsuit, and overcoat. The patch shall be sewn on by machine or stitched by hand, using thread matching the color of the uniform item. (See DP&P - Uniform Illustrations for the proper placement.) F. Service Stars or Stripes. 1. Blouse: Service stars denoting each five years of service shall be worn on the uniform blouse one half inch above the braid that indicates rank on both sleeves by all sworn members of the Department. 2. Long sleeve shirt: Sergeants and officers shall wear service stripes on the left sleeve of the long sleeve winter shirt, one-inch above the top of the cuff. Each service stripe denotes three years of service. Service stripes shall not be worn by lieutenants and above. (Refer DP&P - Uniform Illustrations for proper placement.) G. “SP” Emblem. Sergeants and officers shall wear the 5/8” high emblem on the dress uniform blouse. Officers assigned to the Harbor Unit and Police Range Unit shall wear the “SP” emblem centered on their utility caps. (Refer DP&P - Uniform Illustrations for proper placement.) H. Tie Clasp. The tie clasp shall be a straight bar type clasp with the seal of the State of Washington or the seal of the City of Seattle positioned in the center of the clasp with the words “SEATTLE POLICE” engraved across the bar. Officers are allowed the option of wearing the “City awarded” tie bars denoting length of service. No other tie bars or tiepins shall be worn with the uniform. The tie clasp shall be worn in a horizontal line with the buttons of the shirt pocket. I. Miscellaneous Items. Nothing shall be worn on the uniform or as a part of the uniform, except regulation Department insignias as specified, or as may be directed from time to time. These shall be centered 1/4” above the marksmanship medal, or 1/4” above the top of the right breast pocket, in the absence of any other medals. VIII. Dress Uniform A. The dress uniform for lieutenants and above, including the Department chaplain(s), shall consist of: 1. Uniform blouse (shoulder patches, metal badge, and plastic nametag) 2. White dress shirt (plain) a. A miniature insignia of rank shall not be worn on the collar of white dress shirts when wearing the dress uniform. 3. Uniform tie 4. Class ‘A’ Uniform trousers a. Female lieutenants and above have the option of wearing the uniform skirt instead of trousers. B. The dress uniform for sergeants and officers shall consist of the standard duty uniform. As an option, sergeants and officers may elect to wear the dress uniform prescribed for lieutenants and above. C. The uniform blouse fabric shall match that of the trousers or skirt. IX. Insignia of Rank A. Insignia of rank shall be worn on all uniforms. The placement of insignia on the uniform is shown in DP&P - Uniform Illustrations. Sleeve cuff stripes shall be worn only on the dress uniform blouse. 1. Page 6 of 11 Chief of Police - Shall wear three metal gold-colored stars on each shoulder of the uniform blouse, jacket, or sweater; and three one-inch cloth gold-colored stripes on each sleeve cuff of the uniform Uniforms & Equipment Section 9.050 blouse. Three miniature metal gold-colored stars matching the standard size insignia of rank shall be worn on each side of the uniform shirt or utility uniform collar. B. 2. Deputy Chief and Assistant Chief of Police - Shall wear two metal gold-colored stars on each shoulder of the uniform blouse, jacket, or sweater; and two one-inch cloth gold-colored stripes on each sleeve cuff of the uniform blouse. Two miniature metal gold-colored stars matching the standard size insignia of rank shall be worn on each side of the uniform shirt or utility uniform collar. 3. Captain, Administrative Assistant to the Chief of Police or sworn Director - Shall wear two metal gold-colored bars on each shoulder of the uniform blouse, jacket, or sweater; and two half-inch cloth gold-colored stripes on each sleeve cuff of the uniform blouse. Two miniature metal goldcolored bars matching the standard size insignia of rank shall be worn on each side of the uniform shirt or utility uniform collar. 4. Lieutenant - Shall wear one metal gold-colored bar on each shoulder of the uniform blouse, jacket, or sweater; and one half-inch cloth gold-colored stripe on each sleeve cuff of the uniform blouse. One miniature metal gold-colored bar matching the standard size insignia of rank shall be worn on each side of the uniform shirt or utility uniform collar. 5. Sergeants - Shall wear three white cloth chevrons on each sleeve of uniform shirts, blouses, and jackets. A one-half inch cloth white stripe shall be worn on the sleeve cuffs of the uniform blouse. Prohibited Insignia - Cloth insignia of rank for lieutenants and above shall not be worn on the collars of shirts or on the shoulders of blouses. X. Special Uniforms / Equipment A. Bureau Commanders may authorize special uniforms for officers assigned to specialized units (Harbor, Range, Motorcycle, etc.), where the standard regulation uniform is not practical. 1. The Bureau Commanders of a specialized unit shall establish written specifications for specialized uniforms/equipment and publish the information in the respective Bureau Manual. B. Section Commanders may require officers on special assignments to carry other items of equipment in addition to what is normally required. C. Police Reserve Uniform 1. The uniform for police reserve personnel shall be identical to the regulation police uniform with the exception of the police (reserve) badge. D. Chaplain’s Uniform E. 1. Department chaplains may wear the Department dress uniform on those occasions where appropriate (e.g., funerals, academy graduation exercises, special ceremonies). 2. Chaplain Insignia: The Department Chaplains shall wear the following items on the dress uniform: a. Sleeve Insignia: A one-half inch wide black mohair stripe on each sleeve with a gold Navy Officers Chaplain Corps insignia appropriate to the religious faith of the Chaplain, and b. Lapel Insignia: A full-size metal Navy Officers Chaplain Corps insignia on each lapel. Historical 1910 Uniform 1. The historical regulation Seattle Police uniform, circa 1910, is essentially an old style, “Military Keystone” high-top hat and long dress blouse. Selected officers on foot beats in the Pioneer Square, Waterfront, and Pike Place Market areas can wear this uniform upon special request at the discretion of an Operations Bureau Chief. XI. Required Equipment Items Page 7 of 11 Uniforms & Equipment Section 9.050 A. Protective Vests (Body Armor) 1. The Department authorizes the following protective vests, listed by make and model: Second ChanceMonarch Summit (Level II & IIIa) American Body ArmorExtreme (Level II & IIIa)Impulse 150 (Level II & IIIa) First ChoiceMF8 (Level II)MF10 (Level IIIa)MFF28 (Level II, female version)MFF310 (Level IIIa, female version) 2. The Department will provide the employee with body armor of threat level II or IIIA.. The vest will not contain the product Zylon. 3. Officers will be issued a ‘regular’ voucher for the 5-year replacement through the Quartermaster. 4. An officer with a documented medical condition may acquire a “special needs” vest voucher by contacting the Employment Services Lieutenant. 5. The special needs voucher will be authorized by the Employment Services Lieutenant and then issued by the Quartermaster Unit. 6. 7. 8. 9. B. a. The Special Needs Voucher will list the vests that are approved for ‘special needs’. No other vest will be substituted from those listed on the voucher unless authorized by the Employment Services Lieutenant. b. If an officer is wearing a ‘special needs’ vest, they must return their ‘regular’ vest to the Quartermaster Unit. Protective vests shall be worn: a. In uniformed assignments routinely engaged in field contacts and duties. b. If involved in a pre-planned operation where it has been determined that an involved individual may use a firearm. c. When directed by a supervisor. Exceptions a. Medical Needs: A person requesting an exemption for medical reasons shall obtain a detailed written justification from their physician describing the condition and stating why the condition prohibits the wearing of the vest. The employee shall submit a memo with the required documentation to the Employment Services Lieutenant. b. Specific Units: The Commander of any Unit desiring an exemption from the mandatory vest requirement shall direct a memorandum through the chain of command, to the Deputy Chief of Operations for approval. The memorandum must state in detail the reason for the exemption. Vests shall be replaced whenever they are defective; however, regardless of condition, vests shall be replaced every 5 years. a. In replacing a damaged or defective vest, officers shall submit a memorandum through the chain of command to their bureau chief. The bureau chief will note their approval and send the memo on to the Quartermaster Unit. Upon approval, the Quartermaster will provide the officer with a voucher to present to the vendor for a replacement vest. b. For routine replacement the Quartermaster Unit will notify the officer directly. Officers will only be issued one Department approved ballistic vest, unless an additional vest is approved by an Assistant Chief or higher in writing. a. Funding for the additional vest will be taken from the budget of the approving Assistant Chief. b. When a new ballistic vest is issued the old vest must be turned in to the Quartermaster. Leather Gear Page 8 of 11 Uniforms & Equipment 1. C. Section 9.050 All leather gear shall be black with the basket weave pattern. a. Gun Belt. Shall be the Sam Browne type without the shoulder strap or shoulder strap metal loops. It shall be not less than two inches wide or more than two and one-quarter inches wide, and must be a basketweave leather heavy enough to carry equipment without sagging. A separate belt may be worn to support the trousers. Plain leather is prohibited. b. Cartridge Case. Shall be fashioned into two compartments and capable of holding twelve cartridges of revolver ammunition or two magazines of semi-automatic ammunition. The revolver ammunition case or magazine pouches must be held in place by a strap that fastens shut. Nylon Gear 1. Officers have the option of electing to use nylon gear as an alternative to leather duty gear. However, leather and nylon gear shall not be interchanged. If the gun belt is leather, the holster, cartridge case, and optional equipment holders shall also be leather. If the gun belt is nylon, the holster, cartridge case, and optional equipment holders shall also be nylon. There will be no exceptions. 2. All nylon gear shall be black in color and constructed of ballistic weave nylon “divers web”, or water-repellent Cordura® nylon. Metal parts shall be black in color. Velcro or snaps may be utilized to secure flaps on the cartridge case and optional equipment. a. Gun Belt. Shall be 2-inches wide with buckle, and must be rigid enough to carry equipment without sagging. A separate belt shall be worn to support the trousers. A minimum of four (4) snap type (black) belt keepers shall be worn to secure the gun belt to the separate trouser belt. b. Cartridge Case. Shall be fashioned into two compartments and capable of holding twelve cartridges of revolver ammunition or two magazines of semi-automatic ammunition. The revolver ammunition case or magazine pouches must be held in place by a strap that fastens shut. D. Flashlight. Uniformed officers-at least a two-cell spotlight type. E. Handcuffs and Keys. Shall be carried by all police officers. F. Police Whistles. Are required for all on-duty police officers, except those assigned to follow-up units or administrative duties. G. Timepiece. H. Traffic Safety Vest. Officers shall wear a reflective traffic safety vest: I. 1. When assigned traffic control responsibilities at a designated location. 2. When employed off-duty with traffic control responsibilities. 3. When directed to do so by a supervisor or event commander. 4. Officers are encouraged to wear the safety vest in other hazardous situations (collisions, spills, etc.) where they feel at risk. Officers have the option of wearing the Department issued vest, a fluorescent orange vest approved by the Department of Labor & Industries, or the reversible raincoat with the international yellow/orange side out. Batons or Nightsticks. Shall be unaltered Department issued or meet the following specifications 1. Straight Batons: Length - not more than 26” Weight - not to exceed 20 oz. Page 9 of 11 Uniforms & Equipment Section 9.050 Material - wood or plastic Color - natural and/or dark in color 2. Side Handle Batons Length - 24” Weight - 27 oz. Material - plastic Color - black 3. Expandable Batons Length - not more than 26” expanded Weight - not to exceed 20 oz. Material - lightweight alloy tubing Color – black 4. All officers shall complete a course which has been specifically designed to train them in the proper use of the baton that they have chosen to use in the course of their duties. Such a course shall be approved by the Training Section. The Training Section will maintain a list of officers who have been trained on a specific baton. XII. Optional Equipment Items A. Chemical Restraints 1. Chemical restraint devices may only be issued or carried after an officer has successfully completed a training class approved by the Commander of the Training Section. Individual officers shall have the responsibility of obtaining a replacement device when the contents are depleted. 2. Uniformed officers who carry a chemical restraint device shall use an appropriate carrier on their gun belt. 3. Officers may only carry Department issued or privately purchased products that meet the following general criteria: a. Unaltered dispensers containing not more than 4 oz. of the chemical formulation currently issued by the Department. b. For non-uniformed use, officers may purchase a restraint device of the same or smaller size which is made by the same manufacturer and contains the same formulation as the issued product. XIII. Riot Gear A. Officers shall be issued: 1. Riot baton (long) 2. Riot baton (short) 3. Kevlar helmet w/face shield 4. Helmet cover 5. Helmet bag 6. Department fitted gas mask w/carrier Page 10 of 11 Uniforms & Equipment 7. Gas mask voice amplifier/earpiece and adapter (supervisors only) 8. Chest, knee, shin, foot, and forearm protectors (hard gear) 9. Black padded gloves (1) pair Section 9.050 10. Black fanny pack 11. Black poncho (nametag required) 12. Black utility uniform (nametag required). Replaces the blue UO/Riot jumpsuit coverall 13. Safety glasses XIV. Prohibited Uniform Items and Exceptions A. The SPD baseball cap shall not be worn as an accessory with the duty uniform. 1. Certain specialty units (e.g., Canine, Harbor, etc.) may wear baseball hats while in their regular duty uniforms. 2. Motorcycle and bicycle officers on long-term fixed posts may wear the baseball cap. 3. Baseball caps may be required at certain training or range events. B. The leather jacket is no longer authorized for use by uniformed personnel. Officers who currently own the leather jacket may continue to wear it until it is no longer serviceable. Serviceability shall be determined by Section Commander. C. Black suspenders for the gun belts will no longer be authorized unless a signed medical exemption from a qualified physician exists on record with the Wellness and Accountability Administrator. D. Officers are prohibited from carrying any special equipment not specifically authorized in writing. E. Officers working in uniform shall not wear mirrored sunglasses while engaged in the performance of their duties. The exception is officers engaged in plainclothes assignments, such as dignitary protection, upon approval of their unit supervisors. XV. Employee Readiness A. All sworn employees of the Department shall be prepared to report for duty attired in a complete and proper uniform. B. Plainclothes officers shall maintain a complete uniform, however, it need not be stored in their Department locker. C. All sworn employees, wherever assigned, shall maintain their riot helmet, utility uniform, baton, and gun belt equipment in their Department lockers. D. Unless explicitly authorized by a precinct or unit commander, officers transferred from a Section or Precinct for a long-term loan, or any period longer than 6 months, are required to vacate their personally assigned wall lockers within 15 days of notification of that transfer. XVI. Off-Duty Uniform Standard A. All on-duty uniform standards shall apply to officers working in an off-duty capacity. It is the responsibility of supervisors and commanders to ensure that employees working for them comply with the off-duty uniform and appearance standards. If officers working off-duty are found to be out of compliance with uniform regulations, they could be released from their off-duty assignment until their uniform is in compliance with Department uniform regulations. Precinct Commanders may direct supervisors to survey off duty locations within their precinct boundaries to ensure officers working off duty are adhering to Department uniform policy. Page 11 of 11 Uniforms & Equipment Section 9.050 A. All sworn employees of the Department shall be prepared to report for duty attired in a complete and proper uniform. B. Plainclothes officers shall maintain a complete uniform, however, it need not be stored in their Department locker. C. All sworn employees, wherever assigned, shall maintain their riot helmet, utility uniform, baton, and gun belt equipment in their Department lockers. D. Unless explicitly authorized by a precinct or unit commander, officers transferred from a Section or Precinct for a long-term loan, or any period longer than 6 months, are required to vacate their personally assigned wall lockers within 15 days of notification of that transfer. XVI. Off-Duty Uniform Standard A. Page 12 of 12 All on-duty uniform standards shall apply to officers working in an off-duty capacity. It is the responsibility of supervisors and commanders to ensure that employees working for them comply with the off-duty uniform and appearance standards. If officers working off-duty are found to be out of compliance with uniform regulations, they could be released from their off-duty assignment until their uniform is in compliance with Department uniform regulations. Precinct Commanders may direct supervisors to survey off duty locations within their precinct boundaries to ensure officers working off duty are adhering to Department uniform policy. Seattle Police Department Policies and Procedures Title: 10.010 Chapter: 10 - Police Facilities & Security I. Section 010 - Parking at Department Facilities Parking in Police Headquarters A. General - When entering SeaPark Garage take a ticket at the entrance to the garage, unless you have a prox card. When parking in SeaPark you must park on the 7th or 8th floor, past the security gate in order to be reimbursed for your parking. B. Parking in SeaPark during Business Hours (0600-2200 hours), Use the following guidelines prior to exiting the garage: 1. Uniformed officers in marked patrol cars will sign out with the parking garage attendant when exiting the garage. Uniformed officers in patrol cars do not need to submit a stamp or script when exiting. a. C. Officers on the mail run will either park in the parking garage or use on street parking. 2. Court – present a subpoena or an overtime request form that has been signed by a prosecutor to the Motor Pool Office or the Records Section and they will stamp your ticket. 3. Oral Boards – present a memo from Human Resources to the Motor Pool Office or the Records Section and they will stamp your ticket if you are participating in oral boards. 4. Meetings or Official Business – After participating in official business at Headquarter you will need to present a stamped ticket or an initialed ticket with a serial number of a Captain or above to the garage attendant. 5. Temporary Visitors – After conducting any other business at Headquarters you will need to present your stamped ticket or an initialed ticket with a serial number of a Captain or above presented to the garage attendant. a. Tickets are stamped at the Motor Pool Office on the 7th floor of the garage from 0700 - 1530 hours. b. Tickets are stamped at the Records Section on the 5th floor of Police Headquarters from 1530 – 2200 hours. 6. Employees with prox card access to the SeaPark garage, need to use this access for callout, duty related business only. All employees are prohibited from using prox cards for parking in any area of SeaPark for anything other than call-out, duty related assignments. 7. Officers transporting prisoners to and from Police Headquarters will access the building via the sally port entrance or the 7th floor parking garage entrance. 8. Parking on 5th Avenue is prohibited. After Hours Entry (2200-0600 hours) 1. During after hours use the keypad to enter and exit the garage. The keypad is only activated during after hours. Punch in the appropriate code to gain entry. 2. In the event of a problem with the keypad call 684-8077 to contact a security guard. Effective Date: 04/28/05 Page 1 of 2 Section 10.010 Parking at Department Facilities II. Parking Vehicles at the Outdoor Range A. In order to ensure the availability of parking for individuals conducting training activities, individuals assigned to the range, and to individuals having contracts for the use of the Seattle Police Athletic Association (SPAA) property, restrictions must be placed on the use of the property. B. No Department employee shall park a City vehicle overnight at the outdoor range without the prior written authorization of their Bureau Commander or the Training Section Commander, and the Seattle Police Athletic Association’s Board of Directors. C. No employee shall be allowed to park a private vehicle at the outdoor range at any time, other than when they are on site, without prior written approval from the Seattle Police Athletic Association’s Board of Directors. 1. D. E. Requesting Authorization for City Vehicles. 1. Submit a Memorandum through the chain of command. 2. If approved by the respective Bureau Commander, the Memorandum shall be forwarded to the SPAA Board of Directors in care of the Range Manager. Requesting Authorization for Personal Vehicles. 1. F. Page 2 of 2 Vehicles parked contrary to the above policy shall be subject to impoundment. The cost for the impoundment of any City vehicle shall be the responsibility of the authorized driver of the vehicle. Submit a Memorandum directly to the SPAA Board of Directors. include a. Name of the vehicle owner/driver, b. Unit of assignment, c. Description of the vehicle and its license number, and d. Duration for which permission is being requested. All authorizations shall be maintained in a file by the Range Manager (Sergeant). Requests shall Seattle Police Department Policies and Procedures Title: Section 10.020 Chapter: 10 - Police Facilities & Security 020 - Physical Security of Police Facilities REFERENCE: RCW 9.41 I. Restricted Areas A. II. Non-public areas in the Department shall be identified with a sign at the entrance stating, “Restricted Non-Public Area - Visible Identification Required.” Identification within Restricted Areas A. Non uniformed employees shall exhibit their photo identification card while in restricted areas of a Department facility. B. Identification shall be conspicuously visible at all times and displayed on an outer garment and above the waist. 1. C. Photo identification is to include, a. City access cards b. SPD issued commission cards. The Department shall offer four types of identification card holders; employees shall choose one of the following types: 1. Magnetic Pocket Holder. a. 2. Alligator Clip Holder, or a. 3. III. Used with the photo ID Card for clipping it to an outside garment. Neck Strap Holder. a. 4. Designed to be worn in a shirt or coat pocket. Horizontal and vertical holders are available for either sworn or civilian ID cards. A soft strap with a clip for those who prefer not to use the alligator clip or pocket holder. Retractable cord identification holder. D. Precinct Facilities & Equipment Coordinators shall maintain a supply of each type of ID holder. Other units shall pick up their supply from the Property Unit. E. Personnel who wish to display their badges shall provide their own external badge holders. Visitors A. Visitors must be able to articulate a specific need to enter a restricted area. Department employees are authorized to courteously inquire as to that need. If a Department employee grants access, visitors shall: 1. Be accompanied by a personal escort at all times. 2. Display a Department approved visitors pass on their outer clothing. Effective Date: 01/28/04 Page 1 of 2 Physical Security of Police Facilities 3. IV. V. VI. Section 10.020 Be required to complete a visitor log. This log shall include the visitor’s name, reason for the visit, time of the visit, and who escorted the visitor. B. Department visitor passes shall be collected by the issuing Unit at the conclusion of the visit. C. Section Commanders with a “Restricted - Non-Public Area” shall be responsible for implementing the visitor policy described above. D. The employee escorting the visitor is responsible for screening the visitor for weapons. No weapons are allowed in any police facility except when carried by an authorized law enforcement officer in compliance with RCW 9.41. Service and Delivery People A. Individuals doing business with the Department, such as, postal workers, building maintenance, etc., who are wearing their company uniform, must also display visible visitor ID cards. B. Delivery or service personnel shall be escorted by the appropriate Department employee. C. Delivery or service personnel entering the Justice Center shall not park on 5th Avenue, or in the 500 block of Cherry Street. All deliveries must be made through the sally port. Unauthorized Personnel A. Employees shall contact individuals in a restricted area who do not have proper identification and make a determination as to the nature of their business, or bring the matter to the attention of a supervisor or sworn member of the Department. B. Individuals not having any legitimate business in a restricted area shall be courteously escorted to a public area of the facility. C. If resistance or behavior of a threatening or suspicious nature is encountered, sworn personnel shall be notified or a call to 911 initiated. Prisoner Escort A. All suspects will be searched in accordance with DP&P - Searches, prior to being brought into a secure police facility. B. If a suspect is brought into the Headquarters building through the main entrance, the person must be searched prior to access into the building and in view of the front desk Duty Officer. This also applies to persons reporting for DOC. Page 2 of 2 Seattle Police Department Policies and Procedures Title: 10.030 Chapter: 10 - Police Facilities & Security I. Section 030 - Precinct Trusty Protocol Seattle Police Department Trusty Guidelines A. All King County Jail inmates selected to participate as Seattle Police Department Trusties are subject to background checks, screening and approval by Seattle Police Department personnel. In most cases, those individuals incarcerated for specific crimes, including but not limited to theft, narcotics violations, assault or escape will not be considered. Selection of personnel will be at the discretion of the Precinct Commander. B. Trusties will be under the direct supervision of the Precinct Stationmasters, Department Quartermaster or other designated Seattle Police Department supervisors. No trusty will be permitted to work without supervision. All newly assigned trusties will receive a briefing on the responsibilities and requirements of their assignment. Full compliance with all requirements is mandatory for continuing participation in the Trusty Program. C. The trusty’s primary function will be those tasks assigned by the Stationmaster, Quartermaster or designated supervisor. These normally include, but are not limited to, building and grounds maintenance, handling supplies, and minor maintenance/cleaning of police vehicles. D. 1. The trusties will be subject to all relevant King County Jail rules and regulations. 2. Trusties will normally work Monday through Friday unless there is a specific need to work outside this schedule and appropriate supervision is provided for the trusty. 3. The trusties will at all times remain on the Precinct grounds unless accompanied by an individual approved by the Stationmaster or a supervisor. 4. Trusty use of the telephone and visitor privileges will be at the discretion of the Precinct Commander and Stationmaster and then only when appropriately monitored. 5. Trusties will not be allowed to drive vehicles under any circumstances. 6. Trusties will not be allowed to clean or handle any weapons. 7. Trusties are prohibited from being exposed to hazardous or dangerous conditions. They shall not be used in situations where they could come in contact with bloodborne pathogens or infectious materials. 8. A trusty may not enter a patrol vehicle if the officer’s equipment is inside the vehicle. Trusties are banned from entering a patrol car’s trunk without supervision. If a trusty comes in contact with contraband, found during the cleaning of police vehicles, he will not touch the item. The trusty shall immediately notify the Stationmaster or a supervisor. 9. Trusties will not be used to perform tasks of a personal or private nature, including washing private vehicles. 10. If a trusty has responsibilities to perform in the holding cell areas they are prohibited from communicating with prisoners. All requests for trusty assignments other than routine and normal daily assignments will be directed to the Stationmaster. Effective Date: 7/10/01 Page 1 of 2 Precinct Trusty Protocol Section 10.030 E. Trusties required to enter sensitive areas such as locker rooms, holding cells, write up areas, office space or any other area likely to contain personnel information or criminal case records must be accompanied by appropriate supervision at all times. F. Each precinct will be able to develop policies for trusties that are more comprehensive, but no less comprehensive than this current policy and procedure outline. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 10.050 Chapter: 10 - Police Facilities and Security 050 – Care and Use of City Equipment and Property REFERENCES CALEA standards 17.5.3. POLICY All employees having or using any equipment or property belonging to the City of Seattle shall be charged with proper care and handling of that equipment or property. City equipment shall not be used for other than assigned purposes without prior permission of the concerned section commander. Equipment or property that is lost, wasted, or damaged through negligence, carelessness, or improper use may be charged against the employee responsible. All equipment that is damaged or malfunctioning shall be turned in before new equipment is issued (cloth name tags, plastic name tags, shoulder patches, and buttons are exempt from this entire procedure). Immediate reissue of essential equipment shall be accomplished through the Quartermaster as described below. Depending on the circumstances, officers may be required to pay for issued equipment that has been damaged, lost or stolen. Final determination of officer liability shall be the responsibility of the Deputy Chief of Administration. I. Reporting Defective Equipment A. II. A Report of Defective Equipment (form 5.15) shall be completed when reporting needed repairs for all types of equipment (except vehicles), including building repairs. Reporting Damaged, Destroyed, Lost, or Stolen Equipment A. In the event of damage or loss to Department property or equipment, the person responsible shall report the damage or loss to their supervisor, who in turn, shall thoroughly investigate the situation. The employee may be required to replace the item or pay a portion of the replacement cost as determined by the Department. B. When requesting replacement of issued equipment officers shall: 1. Complete a Request for Replacement of Issued Equipment (form 13.18, Side A), a. Employees may refer to the General Offense Report in the “Explain the Circumstances” section, provided that the report gives a detailed account of how the equipment was damaged, destroyed, lost, or stolen and the General Offense Number is listed. 2. Complete a General Offense Report as required, 3. Forward the Request for Replacement of Issued Equipment (form 13.18) through the chain of command to the Section or Precinct Commander for recommendations. The Director of Fiscal, Property, and Fleet Management determines the value of the equipment to be replaced. The Deputy Chief of Administration reviews the circumstances, and determines the employee’s liability, and 4. The Quartermaster issues replacement equipment once the Request for Replacement of Issued Equipment (form 13.18) has been received from the Deputy Chief of Administra- Effective Date: 11/9/07 Page 1 of 2 Care and Use of City Equipment and Property Section 10.050 tion. The replacement items shall be recorded on the officer’s equipment record along with the employee’s signature. III. 5. Report lost or stolen guns and badges as described above within 72 hours of discovering the loss. The officer shall notify a supervisor immediately. In addition, a VMAIL containing the General Offense Number will be sent to the Quartermaster. 6. Provide the Quartermaster copies of an initiated Request for Replacement of Issued Equipment (form 13.18) and/or the General Offense Number in the event a “critical Item” of issued equipment needs to be replaced immediately. Safeguarding Equipment A. Page 2 of 2 The Department has consistently provided reimbursement for issued and non-issued equipment that has been damaged, destroyed, lost, or stolen in the performance of duty. However, officers have occasionally requested reimbursement for items that have been taken from their homes, personal vehicles, or unsecured areas of the workplace. The Department cannot cover the cost of items lost under these circumstances. Additionally, items damaged, destroyed, lost, or stolen during the employee’s shift cannot be reimbursed if proper care was not taken to safeguard the property. Other than assigned lockers, most areas of the workplace should be considered unsecured. Seattle Police Department Policies and Procedures Title: Section 11.001 Chapter: 11 - Department Oversight 001 - Public and Internal Complaint Process REFERENCES CALEA standards 26.1.5, 35.1.9, 52.2.7, 52.2.8 I. Policy The following sets forth policy and procedure regarding the disciplinary process including investigation of allegations made by a citizen and internal complaints. A relationship of trust and confidence between the Department and the community is essential to effective law enforcement. Employees must be free to exercise their own judgment and take enforcement action in a reasonable, lawful, and impartial manner without fear of reprisal. It is therefore important to establish a disciplinary process that enables the Department to initiate positive, corrective action for improper conduct. At the same time, employees must be protected from unwarranted criticism for properly discharging their duties. It is the policy of this Department to provide a thorough, fair and expeditious disposition of complaints regarding conduct of Department members. Other sources contain provisions that may also apply to the complaint process and the discipline of employees. Examples include: City ordinances (e.g., SMC 4.04 and SMC 4.08); administrative rules (e.g., Public Safety Civil Service Commission Rules and City Personnel Rules); and collective bargaining agreements. If a conflict is found, the applicable ordinance, rule, or collective bargaining agreement will be determinative. II. The Complaint Process A. III. Definitions 1. Citizen Complaint: an allegation of employee misconduct from any source outside the Department. Citizen complaints include, but are not necessarily limited to, allegations of: violations of Department policies, procedures, rules and regulations, and violations of federal, state or local laws. 2. Employee: Any full-time, part-time, or temporary paid member of the Department. Any individual acting under the authority of the Seattle Police Department, to include but not limited to: Reserve Officers, Explorers, Special Police Commissions, Extended Authority Special Police Commissions, Crossing Guards, volunteers, etc. 3. Internal Complaint: An allegation of misconduct against an employee from any source within the Department. Individual Employee Responsibilities A. All employees observing instances of serious misconduct or abuse shall intervene to stop the misconduct or abuse. B. Employees have a duty to assist any person who wishes to file a complaint by: 1. Taking the complaint, 2. Providing specific information to the complainant on where and how to file the complaint, or 3. Immediately putting the complainant in contact with a supervisor or other individual who can assist them with filing their complaint. Effective Date: 12/08/03 Page 1 of 4 Public and Internal Complaint Process Section 11.001 C. An employee who witnesses or becomes aware of misconduct or a complaint of misconduct, shall, in all cases, take appropriate action to prevent aggravation of the incident or the loss of evidence that could prove or disprove misconduct. D. No employee shall interfere with, hinder, or obstruct a person from making a citizen complaint or an internal complaint. E. Each employee shall assume the obligations of their position in the reporting of complaints or allegations of misconduct against Department employees. F. Employees shall cooperate in a Department internal investigation of an allegation of misconduct when so directed by the Department, and shall truthfully answer questions and render complete, material and relevant statements, including all facts and circumstances surrounding the subject matter of the investigation, which may be known by the employee. Omissions of material fact shall be classified as failure to cooperate in an internal investigation. 1. Whenever an employee submits a verbal or written statement as required by this manual, they should preface the statement with the following sentence: “This is a true and involuntary statement given by me in accordance with Section 1.117 of the Seattle Police Department Manual.” G. IV. All employees are required to immediately report to their supervisor any of the following occurrences in any jurisdiction: when they, or any of their subordinates, are: 1. The subject of a criminal investigation, criminal traffic citation, arrest, conviction, 2. Order of protection, restraining order, no-contact order and/or anti-harassment order pertaining or related to domestic violence, or 3. When there is any change to their Washington driver’s license status pertaining to expiration, revocation an/or suspension. Supervisory And Command Responsibilities A. Supervisory employees (sergeants and above or civilian equivalents) shall themselves take corrective action within the scope of their authority when they witness or become aware of employee minor misconduct. Examples of minor misconduct include, but are not limited to: 1. Lateness. 2. Uniform and equipment violations. 3. Personal appearance violations. 4. Minor omissions in assigned duties. 5. Minor violations of Department regulations concerned with job performance, efficiency, or employee safety. B. If misconduct or an internal complaint of misconduct is of a more serious nature or is repeated minor misconduct, the supervisor shall report the matter by completing a Complaint Report (form 2.7). The Complaint Report and other related reports and documents shall be forwarded to the Office of Professional Accountability (a copy of the Complaint Report and related documents shall also be forwarded to the accused employee’s Precinct or Section Commander or civilian equivalent). C. A supervisor (sergeant or above, or civilian equivalent) may relieve a subordinate employee from duty for up to twenty-four (24) hours (excluding weekends and holidays) when it appears from an allegation of misconduct that immediate relief from duty appears necessary to protect the Department, the employee, or the public. A copy of the Complaint Report (form 2.7), regarding the alleged misconduct that caused the relief from duty shall be immediately Page 2 of 4 Public and Internal Complaint Process Section 11.001 forwarded to the involved employee’s Precinct or Section Commander or civilian equivalent, as well as to the Office of Professional Accountability. 1. V. Time sheets shall be marked “AL” to indicate Administrative Mandatory Leave. Reporting Complaints A. The Department will accept complaints from any source including witnesses or other third parties, outside agencies, and anonymous sources. Complaints may be made in person, or by writing or phoning the Department or the Office of Professional Accountability. B. When a non-supervisory employee becomes aware of a complaint by a member of the public, they shall notify a supervisor (sergeant or civilian equivalent) and refer the complainant to the supervisor. When a supervisor is not immediately available, the employee shall be responsible for receiving and documenting complaint(s) and providing the information to a supervisor before going off-duty. The following pertinent facts and information shall be recorded whenever a complaint is received: 1. Nature of the alleged incident. 2. Date of the alleged incident. 3. Place where the alleged incident occurred. 4. Name of employee involved or their badge number and other description. 5. Name, address, and telephone number of the complainant, aggrieved party, and all known witnesses. 6. A detailed summary of the complaint. C. Supervisors shall document the complaint by completing a Complaint Report (form 2.7). If the supervisor is the subject of the complaint, the complaint shall be referred to another supervisor. D. Supervisors shall notify a command level officer (lieutenant or above, or civilian equivalent) in cases where immediate investigative action by the Office of Professional Accountability may be necessary. If warranted, the command level officer shall notify IIS. E. When alleged misconduct involves unnecessary or excessive use of force, a supervisor shall photograph (if possible) any alleged injuries and areas where injuries are alleged but are not visible. The supervisor shall also report their observations regarding the presence, absence, nature, and extent of any injuries, and whether medical attention was received or sought. F. The reporting supervisor shall forward the Complaint Report with any related reports and documents directly to the Office of Professional Accountability before going off-duty. A copy of the Complaint Report and any related reports shall be forwarded to the accused employee’s Precinct or Section Commander, or civilian equivalent. If the subject of the complaint is assigned to the Office of Professional Accountability, the report shall be forwarded to the Chief of Police or his designee. G. The OPA shall review all new complaints and classify them for the purposes of investigation: 1. Contact Log complaints are not assigned for investigation, but are referred to the employee’s supervisor for review. Complaints involving conduct that would not constitute misconduct are generally classified as contact logs. 2. Supervisory Referrals are complaints that, even if events occurred exactly as described, signify a training gap instead of misconduct on the part of the involved employee. The information on the complaint is referred to the appropriate supervisor for review, counseling, and the provision of any necessary additional training. Page 3 of 4 Public and Internal Complaint Process VI. Section 11.001 3. Line Investigations are complaints of minor misconduct investigated by the officer’s chain of command. 4. OPA-IS Investigations are more complex and involve more serious allegations, including all use of force allegations. H. The Chief of Police or his designee shall appoint an investigator from another Department Section or entity within the Department for complaints directed against members of the Office of Professional Accountability. I. Every investigation into an allegation of misconduct shall include a conclusion of fact. J. Unless governed by specific labor contract language, investigations into allegations of employee misconduct will generally be completed within 180 days of the receipt of a complaint. Extensions to the 180 days shall be permitted in the event of criminal investigations, or investigations that are very complex. Involved employees will be notified in writing of extensions. A written justification for the extension will be provided upon request. K. The OPA shall maintain a record of all complaints against the Department or any of its employees. This record, and any investigative files related to these complaints, shall be secured within the OPA Investigation Section offices. Public Inquiries A. A dispute regarding the factual support for an arrest, citation, or the appropriateness of an established Department policy or procedure will not ordinarily be considered a public complaint. Further, it will not be subject to the public complaint reporting requirements of this section. However, people with inquiries of this nature should be given an explanation of the Department policy, procedure, or issues involved. If further explanation appears necessary, the person should be referred to a supervisor or the Department unit generally responsible for the subject matter of the inquiry. Employees are encouraged to document constructive public inquiries and suggestions and forward them through their chain of command. VII. Limitations A. B. C. Page 4 of 4 In the course of an administrative internal investigation, employees shall not be compelled to: 1. Participate in a line-up. 2. Take a polygraph or other lie detection test. Employees may be required, upon approval of the Commander of OPA-IS and for good cause shown, to: 1. Undergo a medical or laboratory examination. 2. Submit financial disclosure statements. 3. Be photographed. If an internal investigation becomes a criminal investigation, these tests or conditions may be utilized in accordance with legal requirements, as in any other criminal investigation. Seattle Police Department Policies and Procedures Title: Section 11.010 Chapter: 11 - Department Oversight 010 - Collision Review Board (C.R.B.) REFERENCES CALEA standards 33.1.5. I. II. Purpose A. To review all motor vehicle collisions involving Department vehicles to determine if such were preventable or non-preventable on the part of the Department employee/driver. B. To examine conditions and practices which may be causal factors contributing to collisions. C. To make recommendations to the employee/driver’s chain of command as to what measures are to be taken to ensure likelihood that causal conditions, or practices which contributed to the collision are eliminated or significantly reduced. D. To determine if an incident is in fact a collision. Membership A. The Commander of the Traffic Section shall Chair the Collision Review Board. B. In the absence of the Traffic Section Commander for any reason,, a Lieutenant from the Traffic Section shall be designated as Chair Pro-Tem of the Collision Review Board. C. The Chair of the C.R.B. shall coordinate the appointment of the remaining Board members and advisors, as outlined below, with the appropriate Bureau Commanders. Voting members, with the exception of the Chair, shall be rotated annually (4 in March and 4 in September). 1. Voting Members: a. The Chair. b. Lieutenant assigned to Operations Bureau I or II. c. Sergeant assigned to the Traffic Collision Investigations (T.C.I.) Squad, or their specified designee. d. PEO Supervisor (appointed by the Chair). e. Patrol Officer from Operations Bureau I or II. f. A minimum of four (4) voting members will compose a quorum. 2. Non-Voting Advisors: a. Department Safety Coordinator. b. Lieutenant assigned to the Training Section, or their specified designee. c. Fleet Control Manager, or their specified designee. d. Department Risk Manager, or their specified designee. (c) III. Collision Review Board Process Effective Date: Page 1 of 3 Section 11.010 Collision Review Board (C.R.B.) A. Preventable Collisions 1. In cases where the employee/driver’s chain of command has found the collision to be preventable, that employee/driver will be notified to appear before the C.R.B. and explain the circumstances surrounding the collision.a. The employee/driver summoned is free to bring to the C.R.B. any photographs, maps, diagrams, or any other instrument they believe will aid them in explaining the circumstances of the collision. 2. The C.R.B. will meet monthly, on the third Thursday to ensure timely notice to employees and any responses to city claims. 3. After hearing testimony, the C.R.B. will excuse the employee/driver and reach a decision anonymously. a. 4. The employee/driver is free to remain in the area for notification as to the C.R.B.’s decision, otherwise the employee/driver’s chain of command will be notified via memorandum. C.R.B. files will be maintained in the Human Resources office in a locked file cabinet, separate from other employee files. 3 5. B. At the conclusion of the C.R.B., the Chair will make recommendations for training that may be required and forward such to the employee’s Bureau Commander. a. The C.R.B. Administrative Assistant will track all collisions and provide a copy of the driving history of each employee/driver involved in collisions to the chair. The driving history will be forwarded along with the C.R.B.’s recommendations to the employee/driver’s Bureau Commander. b. The Department Safety Coordinator will notify the Department of Licensing only in cases of injury or where damage to any vehicle exceeds $700.00, for exclusion or non exclusion of the collision in the employee/driver’s driving record. Non-Preventable Collisions 1. The Safety Coordinator shall: a. Notify the individual; b. Notify the individual’s Section / Precinct Commander or civilian manager; ensure the forms for exclusion of the collision from the individual’s driving record are accurate and complete; and c. Forward the forms to DOL only in cases where injury occurs or damage to any vehicle exceeds $700. C. Page 2 of 3 Multiple Collisions within fixed time frames 1. Employee/driver’s involved in two (2) collisions within a twelve month period of each other, or who have three (3) collisions within a period of five years, will be the subject of an administrative review. 2. The administrative review will focus on the types of collisions the employee/driver has been involved in, looking specifically at causal factors, and then make recommendations for proper remedial action, such as training. 3. The involved employee/driver’s immediate command level officer will be responsible to the Bureau Commander to ensure that recommended action is carried out within thirty days. Section 11.010 Collision Review Board (C.R.B.) IV. VI. C.R.B. Findings 1. Preventable. 2. Non-Preventable. 3. Parked-Occupied. 4. Parked-Unoccupied. 5. Under Investigation by TCIS or OPA-IS. 6. Use of Force (refer back to chain of command). 7. Non-Event. V. Definitions1. Preventable: A reference to a collision that could have been avoided, from a defensive driving perspective. 2. Non-Preventable: avoided. 3. Parked-Occupied: A reference to a motor vehicle that is parked with a driver or passenger(s) inside of it, engine not running. 4. Parked-Unoccupied: A reference to a motor vehicle that is parked and secured without a driver or passenger(s) inside of it, engine not running. 5. Under Investigation by TCIS or OPA-IS: A reference to a collision involving a Department vehicle that has been assigned to the Traffic Crimes Investigation (TCI) Squad or Office of Professional Accountability-Investigation Section (OPA-IS.) for follow up investigation. 6. Use of Force: A reference to a collision that involved an intentional act on the part of the employee/driver of a Department vehicle with the objective of ending a criminal act. 7. Non-Event: A reference to contact between a Department vehicle and another vehicle or a fixed object that did not result in damage and it is so minor in nature that it can not be accurately categorized as a collision. A reference to a collision that could not reasonably have been Appeal A. Any employee/driver wishing to appeal the classification of their case must file a written request with the Department Safety Coordinator within fifteen (15) days of the Board’s findings.1. The Department Safety Coordinator shall then arrange for the case to be completely reviewed at the next Board meeting.2. The employee/driver shall attend this review and state their case as to why the C.R.B.’s initial findings should be changed or otherwise reclassified. At the discretion of the Chair, the employee/driver will have the opportunity to present additional exhibits for the purpose of clarifying the reasons for the appeal.3. Notification of findings for a C.R.B. appeal will be identical to any other C.R.B. finding (III-A-3-a). Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 11.020 Chapter: 11 - Department Oversight 020 - Firearms Qualification Review Board REFERENCES CALEA standards 33.1.5. PURPOSE To give effect to the Department policy that all officers must meet minimum firearms qualification standards as a condition of employment. Therefore, the Firearms Qualification Review Board (FQRB) shall, upon request, review the circumstances of officers who are reassigned to administrative positions for failing to meet minimum firearms qualification standards after remedial training. After this review, the Board shall make a recommendation to the Chief of Police. I. Board Membership A. II. The Board shall consist of the following members: 1. One member appointed by the Chief of Police, who shall be designated as Chair of the Board, 2. A bargaining unit representative from the Seattle Police Officer’s Guild or the Seattle Police Management Association, and 3. The Commander of the Training Section, or a representative from that section. Procedures A. After an officer fails to qualify during remedial training, the officer shall immediately be reassigned to an administrative position. B. After placing an officer on administrative assignment, the City shall notify the appropriate bargaining unit of the officer’s failure to qualify. C. The officer may request review of the reassignment for failure to qualify by submitting a Memorandum to the Chief of Police, requesting that a Firearms Qualification Review Board be convened. D. 1. The Memorandum must be submitted no later than two (2) business days after the conclusion of the remedial training. 2. Officers who fail to submit the Memorandum on time shall be deemed to have waived the right to seek review. 3. Whether or not there is an appeal, the FQRB may review the circumstances of any officer’s failure to qualify following remedial training. The Firearms Qualification Review Board will meet within (14) days of receiving a request for a review. 1. The officer filing a request for review shall be notified of the meeting and afforded the opportunity to attend. 2. The Board shall consider any written or oral information presented by the officer. Effective Date: 3/25/02 Page 1 of 2 Firearms Qualification Review Board III. Section 11.020 Recommendations A. The Firearms Qualification Review Board shall make a recommendation to the Chief of Police within seven (7) days of the conclusion of the Board’s review. 1. Page 2 of 2 The recommendation shall address: a. Reassignment of the officer, and b. Other reasonably available training options to assist the officer in meeting minimum qualification standards. Seattle Police Department Policies and Procedures Title: Section 11.030 Chapter: 11 - Department Oversight 030 - Firearms Review Board PHILOSOPHY All discharges of firearms, with the exception of training at an approved facility by on/off duty employees of the Department shall be investigated thoroughly consistent with current law, court decisions and Department Use of Force policies and procedures. PURPOSE The Firearms Review Board shall investigate and review the circumstances attending each intentional discharge of a firearm by an officer at a person and the accidental discharge of a firearm by an officer resulting in injury or death. The purpose of the review will be to determine the circumstances that brought about the discharge of the firearm. All intentional discharges resulting in injury/death or at an animal and all accidental firearm discharges not resulting in injury or death shall be investigated and reviewed by the affected officer’s chain of command, except as provided below. I. II. Membership A. Incidents involving intentional discharges by an officer resulting in a fatality will be chaired by the Deputy Chief of Administration. Those intentional discharges involving injury or that do not strike a person may be chaired by a representative of the Deputy Chief of Administration. B. The Board shall consist of: 1. The Deputy Chief of Administration, designated as Chair of the Board, or a representative appointed by the Deputy Chief of Administration to act as Chair, 2. An appointee of the rank of captain selected by the Deputy Chief of Administration, 3. The Commander of the Training Section, or a representative from that section, and 4. A lieutenant, appointed by the Deputy Chief of Administration, from a unit not involved in the investigation of the firearms discharge, and from a precinct or section other than that of the involved officer. 5. A bargaining unit representative shall be permitted to attend the Firearms Review Board, if requested by the subject employee, to provide representation in accordance with RCW 41.56 Meetings and Findings A. The Chair shall schedule a meeting of the Firearms Review Board within 14 calendar days after each intentional discharge at a person of a firearm by an officer and the accidental discharge of a firearm by an officer resulting in injury or death, unless prevented by unusual circumstances, or if the injury/death is sustained to an animal. B. If facts indicate that an inquest will be held or criminal charges may be filed against an officer as a result of a firearm discharge, the Firearms Review Board shall delay final recommendations until after such court actions are concluded. C. In all other cases, the Firearms Review Board shall make findings of fact and conclusions as to the circumstances surrounding any shooting incident involving death or bodily injury. These Effective Date: 1/24/02 Page 1 of 3 Section 11.030 Firearms Review Board findings, along with a determination by the Chief as to whether or not the shooting was justified, shall be made available to the public through the Office of the Chief of Police. III. D. At the Board’s option, it may file with the Chief of Police a separate report which would include comments, opinions, and general recommendations which would be intended to assist the Chief in making a final decision on the matter. At the Chief's discretion, this report may be treated as confidential. E. Upon approval by the Chief of Police, one of the following steps shall be taken if the findings indicate that a firearm discharge was not justified: 1. If a violation of law or a serious violation of Department rules or regulations is indicated, the matter shall be referred to the Office of Professional Accountability and processed in accordance with the Department’s disciplinary procedures, 2. If an incident is clearly due to inadequate training, or a failure to follow training procedures regarding the handling, use or care of a firearm, the matter shall be referred to the Commander of the Training Section so that additional training may be afforded to the officer. Discharges resulting from violation(s) of training procedures may result in discipline. 3. If the discharge was accidental and resulted in injury or death, a recommendation shall be made as to whether or not discipline or corrective training is necessary. A completed report shall be forwarded to the Deputy Chief of Administration. Responsibilities A. The Chair of the Firearms Review Board shall: 1. B. The Bureau Commander of the affected officer shall: 1. C. IV. Notify the Commander of the Training Section of the results and dispositions of all accidental firearm discharges not resulting in injury or death, and intentional discharges applied to an animal. The Deputy Chief of Administration shall: 1. Maintain a file for all firearm discharge cases at the Audit, Accreditation & Policy Section, 2. Be responsible for preparing and forwarding all written reports required by the Mayor or City Council to the Chief of Police for approval and signature. Return To Duty A. V. Notify the Commander of the Training Section of the results and dispositions of all intentional firearm discharges and all accidental firearm discharges resulting in injury or death. The Bureau Commander of an officer who has been placed on administrative duty or leave, may return the officer to regular duty prior to the convening of the Firearms Review Board, provided approval of the Deputy Chief of Administration has been obtained and the Chief of Police has been notified. Non Injury Accidental A. If the discharge was accidental and did not result in injury or death, a Firearms Review Board will not normally be held. The Deputy Chief of Administration shall have the discretion to convene a Firearms Review Board when appropriate. B. An accidental discharge of a firearm that does not result in injury or death shall be investigated and reviewed by the affected officer’s chain of command. In those instances where a Firearms Page 2 of 3 Section 11.030 Firearms Review Board Review Board is not convened, the affected officer’s Bureau Commander shall make a recommendation to the Chief of Police as to whether or not discipline or corrective training is necessary. A completed report shall be forwarded to the Deputy Chief of Administration. VI Citizen Observer A. The Mayor shall appoint a Citizen Observer to the Firearms Review Board to observe and report on the proceedings of the Board. 1. 2. In addition to possessing the qualifications set forth in Section 3E of Ordinance Number 118482, the Citizen Observer shall possess the following qualifications and characteristics: a. Demonstrated professional experience in criminal justice and/or constitutional law, and, b. Some experience in fact-finding. The Citizen Observer shall be a non-voting observer and shall comply with all of the provisions of Ordinance 118482. a. B. The Mayor shall appoint an alternate Citizen Observer who will serve in place of the Citizen Observer where the Citizen Observer is unavailable and/or is unable to serve. 1. C. VII The alternate Citizen Observer shall be selected in the same manner as the primary Citizen Observer. The subject employee or the subject employee’s bargaining representative may request that the Citizen Observer not attend and/or observe the proceedings of the Firearms Review Board in a particular case if there are concerns related to an appearance of fairness, or if the Citizen Observer is demonstrated to have violated the confidentiality provisions of the Ordinance, or if there are other concerns of similar gravity. 1. Such a request shall be made within five days after receiving notification of the hearing. 2. When such a request is timely made, the alternate Citizen Observer shall be used for the hearing. Bargaining Representative Observer A. A representative of the subject employee’s bargaining unit shall serve as a non-voting member of the Firearms Review Board, in the same capacity, and subject to the same limitations, as the Citizen Observer. 1. B. 1/24/02 The Citizen Observer shall be excused during the deliberations and voting of the Firearms Review Board. The representative of the subject employee’s bargaining unit will be excused during the deliberations and voting of the Firearms Review Board. The representative of the subject employee’s bargaining unit who serves as the non-voting member of the Firearms Review Board shall not be the same representative who represents the subject employee before the Firearms Review Board in accordance with RCW 41.56. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 11.040 Chapter: 11 - Department Oversight 040 – Inspections & Audits REFERENCES CALEA standards 53.1.1, 53.2.1. PURPOSE The purpose of this policy is to establish the requirement that inspections and audits be conducted, to provide general guidelines for the frequency that the inspections and audits should occur, and to establish the general procedures for the process of conducting audits or inspections. Additionally, this policy creates the expectation that all employees will work cooperatively with internal auditors and inspectors during the performance of their function. POLICY Inspections and audits of the department shall be conducted on a regular basis to help to ensure that the department is operating at peak efficiency and in compliance with applicable laws, policies, procedures, regulations, and established professional standards for efficiency, effectiveness, and compliance with policies, accreditation standards or the adequacy of management controls. Inspections and audits are a vital part of the department’s assessment of its capabilities and shall be carried out with care, attention to detail, and the full cooperation of all personnel concerned. A key element of the success of a formal inspection system is the certainty of action taken to remedy deficiencies. Follow-up inspections will be conducted whenever a deficiency is identified, and will continue until the deficiency is corrected. If written documentation is required for an inspection, written documentation shall be required for each follow-up inspection and shall be submitted as proscribed for the original documentation. Every organizational component of the Department will be the subject of a staff inspection at a minimum of once every three years. Audits and inspections shall not be likened to, or in any manner perform the function of, the Office of Professional Accountability. I. Definitions A. Inspection: The process of examining an item or a number of items. The two forms of inspection that exist within the department are line inspections and staff inspections. 1. Line Inspection: Line inspections are conducted by the supervisory or command personnel who have direct command over the resources to be inspected. Line inspections provide the mechanism for an ongoing evaluation of the facilities, equipment, and personnel assigned to a particular unit. There are two types of line inspections: Informal and Formal. a. Effective Date: 6/22/04 Informal: Informal line inspections are conducted during the course of routine operations and may include roll call inspections of uniforms and equipment or spot inspections of equipment or compliance with policies and procedures that are accomplished in the field. Informal line inspections are not designed to result in a written report and any problems identified during the inspection are generally addressed through immediate remedial action, coaching, or correction for future corrective action from the officer’s supervisor. Written reports are Page 1 of 3 Section 11.040 Inspections & Audits generated only when glaring irregularities, serious breaches of policy or misconduct are identified. b. 2. B. II. Formal: Formal line inspections are conducted for the purpose of generating a written report to command personnel. These reports set forth in detail the findings of the inspection, and document specific actions taken to remedy the deficiencies found. Where appropriate, the reports may also include recommendations for long-term resolution of problems discovered during the inspection. Staff Inspection: Staff inspections are independent inspections conducted by persons outside of direct control over the resources to be inspected and are always documented by a formal report. Staff inspections may involve detailed or wide-ranging examinations of departmental operations. They provide commanders with information to evaluate the department’s readiness and effectiveness and provide reliable information to be used in future decision making Audit The process of examining a process or program from beginning to end by an independent person or body. Financial and performance audits are the two most common audit forms. 1. Financial: Financial auditing provides information on whether an organization is fairly and accurately reporting it’s financial information and whether or not the organization is in compliance with applicable laws, regulations, policies and procedures. In addition, financial audits ensure that the department cash handling and flow procedures are in compliance with generally accepted accounting principals. 2. Performance: A performance audit is an objective and systematic examination of evidence for the purpose of providing an independent assessment of the performance of a government organization, program, activity or function in order to provide information to improve public accountability and facilitate decision-making by parties with responsibility to oversee or initiate corrective action. Line Inspections A. B. Page 2 of 3 Informal Line Inspections 1. Informal line inspections should be conducted frequently both at roll calls and in the field by line supervisors and may either be scheduled or conducted on an ad hoc basis and should focus on individual and unit state of readiness and compliance with policy and procedures. They may include inspection of uniforms, required equipment, assigned equipment, personal appearance, weapons and vehicle maintenance. 2. Supervisors should note the date, location and subject of each informal inspection and will address minor deficiencies discovered during the course of informal line inspections through follow-up inspections. 3. Major deficiencies, serious breeches of policy and violations of law will be reported to the unit commander in a memorandum as soon as practical after the discovery of the deficiency or violation. Formal Line Inspections 1. Formal line inspections should be conducted at least once a year and may be scheduled or conducted on an ad-hoc basis and should focus on the state of readiness of a unit and it’s personnel. Emphasis should be placed on examination of uniforms, equipment and personal appearance. Firearms will be inspected and serviced annually during qualifications by the Firearms Training Unit staff. 2. Supervisors will document the date time and location of the inspection, the persons inspected, any discrepancies observed, and shall detail the specific actions taken or to be taken to remedy the deficiencies in written report to the unit commander. All major Section 11.040 Inspections & Audits deficiencies, serious breeches of policy or violations of law will be noted in a separate memorandum as soon as practical after they have been identified. Unit commanders are responsible for ensuring that all deficiencies are corrected and for scheduling any followup inspections that are necessary. 3. III. Unit commanders will forward a copy of the inspection report and a plan of action to correct all deficiencies to the Bureau Commander via the chain of command. The results of each follow-up inspection shall be documented and forwarded in the same manner. Staff Inspections and Audits A. All staff inspections and audits shall be coordinated and/or conducted by the staff of the Audit, Accreditation & Policy Section under the authority and direction of the Chief of Police. B. Commanders who wish to request a staff inspection or audit be conducted within their command should submit a memorandum to the Deputy Chief of Administration via the chain of command detailing the objectives or questions that they wish to have addressed. The Deputy Chief of Administration will forward approved requests to the Audit, Accreditation & Policy Section for scheduling. C. The Chief of Police may direct the staff of the Audit, Accreditation & Policy Section to conduct staff inspections or audits of any organizational unit, program, process, or activity of the department. These orders are binding not only to the staff of the Audit, Accreditation & Policy Section but also to the organizational unit to be inspected or audited. D. Access to Records and Property E. 1. In accomplishing their mission, the Commander of the Audit, Accreditation & Policy Section and any staff working for the Commander in the course of conducting an audit or inspection, are authorized to have full, free and unrestricted access to all department functions, records, property and personnel, except in areas specifically exempted by statute, regulation or other directive. 2. Employees shall furnish to the Audit, Accreditation & Policy Section staff all information and records within their custody and control regarding the powers, duties, activities, organization, property, financial transactions, and methods of business of the department that the section requires to conduct an audit or inspection, or to otherwise perform their audit and inspection duties. 3. Employees shall provide access for the Audit, Accreditation & Policy Section staff to inspect all department property, equipment and facilities within their custody and control. General Procedures 1. Staff Inspections and Audits will be conducted following the general procedures established by the Institute of Internal Auditors (IIA). 2. A written report outlining the risks and deficiencies discovered will be published at the conclusion of each staff inspection or audit. The report will identify the risks and deficiencies that are discovered as a result of the audit or inspection and shall make recommendations to correct deficiencies or mitigate the risks identified. 3. When risks or deficiencies cannot be corrected immediately, follow-up inspections shall be scheduled to examine the progress in achieving the desired state. A written report will be published documenting the results of follow-up inspections. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 12.010 Chapter: 12 - Department Information Systems 010 – Communications REFERENCES CALEA standards, 11.3.1, 46.2.1, 81.2.2, 81.2.3, 81.2.4, 81.2.4. POLICY The process of receiving, screening, and prioritizing calls for police service, dispatching units, and resolving the incident should be one smooth-flowing operation. Even though different phases of the process are controlled by personnel assigned to different functions, the success and speed of the operation remain the primary goals. This involves the delegation of responsibility, authority, and accountability, within specified limits, to different operational units. Decisions must be made in matters of deployment of field strength and resources. For these decisions to be made with continuity and rapidity, they must be placed with the individuals having the most accurate information available to them. The Department expects full reciprocal cooperation between the Communications Dispatchers and all units, regardless of rank. I. Method of Assignment A. Watch Commanders determine which and how many personnel will be assigned to general field duty. This staffing and resource pool is subsequently turned over to the Communications Dispatchers to deploy during the shift. B. Call by call distribution of field units is the responsibility of the Communications Section, with the authority granted it by the Watch Commander. The responsibility and authority for taking the proper actions in any situation lies with the individual field units and supervisors. All units with these delegated authorities and responsibilities are ultimately accountable to the Watch Commander and, in turn, the Chief of Police. C. The Watch Commander may, during the shift, change the strength of the staffing for special purposes by coordination with the Communications Section. D. In all matters of deployment of field units, the Communications Dispatcher speaks as the voice of, and with the authority of, the Chief of Police, as delegated through the Watch Commander. II. Responsibilities A. The authority and responsibility for the over-all management of resources on an immediate basis rests with the dispatcher. B. Should the Watch Commander choose to override the dispatcher's judgment as to the allocation of available resources, they assume responsibility for the proper response to all incidents within the affected area from that moment, until the control of available resources reverts to the dispatcher. C. The selection of methods and tactics used to resolve any single incident remains with individual field officers and supervisors. Effective Date: 12/17/07 Page 1 of 5 Communications Section 12.010 III. Radio Procedures A. Portable radios are assigned to specific units, sections, or positions. If a portable radio is required in an assignment, one will be provided to the employee by that unit or section. Employees must return their portable radios when they are reassigned or promoted. Exception: All Commanders shall be assigned their own radio. B. Unit radio numbers are assigned to each unit according to its function in the Department, for purposes of mobile communications. The Communications Captain maintains the list of radio assignment numbers. C. When communicating by radio, field units shall first give their assigned unit radio number as identification. Communications between field units and Radio shall be conducted in a business-like manner, using proper language and correct procedures. D. Field units shall keep the Communications Dispatcher advised of their “in” and “out of service” status during the entire time the mobile unit is assigned to field duty. E. Officers comprising field units who receive a call from the Communications Dispatcher shall respond by giving their radio assignment number and their current location. If the call is received via Video Mobile Data Terminal (VMDT), officers may indicate that they are enroute viaVMDT. F. Assignments from the dispatcher shall be acknowledged without further comment unless additional information is needed. G. Field units responding to a dispatched call will advise the Communications Dispatcher of their arrival at the assigned location. H. Whenever a field unit goes “out of service” for any reason except in response to a radio dispatched assignment, that unit shall notify the dispatcher by radio or VMDT that they intend to go “out of service,” give the location, and briefly state the nature of the activity. The VMDT may be used to log oneself to on-view incidents and traffic stops. All coffee breaks and lunch breaks must be approved by the dispatcher. I. Officers shall not argue with the Communications Dispatchers. J. Violations of radio procedures or other causes for complaint, from either the dispatchers or field units, will be reported to the complainant’s unit commander and processed through the proper channels. K. Unit commanders are charged with the responsibility of ensuring that all complaints and violations noted are fully processed. L. All employees of the Department are reminded of the limits of authority and responsibility within which they are assigned and that any unjustified attempts to breach them may result in discipline. M. The Communications Section, in cooperation with the King County 800Mhz Regional Communications Board, has authority over the utilization of all Seattle Police Department 800 MHz talk groups. IV. Special Event Authorization A. Personnel shall follow the below procedures when planning special events. 1. Contact the Communications Section at least 72 hours prior to the scheduled event to coordinate use of talk-group assignments. Planners must clearly indicate whether or not the talk-group is to be staffed. If a non-staffed talk-group is used, the supervisor must ensure that all officers working the event understand that the talk-group is not monitored and that they must switch to a regular, monitored talk-group in order to contact police radio. 2. A complete copy of the Operations Orders, including assignments and anticipated sequence of events must be forwarded to the Communications Section Captain at least 72 hours prior to the date Page 2 of 5 Communications Section 12.010 of the event. This is particularly important when a monitored talk-group is requested since it generally necessitates overtime hiring. 3. Names, serial numbers and unit call signs must accompany the Operations Orders to facilitate timely logging of units into CAD. 4. If post numbers are used, they must not be duplicated. Duplication creates confusion not only for dispatchers, but also for officers who may need to respond to emergency or help situations. V. PSOPS-N1 Radio Channel A. PSOPS-N1 (equivalent to the MARS frequency), is the primary channel for handling Priority Alarms. PSOPS-N1 should not be used for other types of multi-agency response incidents unless the MARS and the other PSOPS channels are already in use. VI. ST OPS 5/Zone 1 Operation A. ST OPS 5 channel on Zone 1 will only be used under the following conditions: B. C. 1. Communication with dispatch is lost due to your radio being out of range, and, 2. There is a need to communicate with other officers in the immediate area, and 3. There is a communications car monitoring. The ST OPS 5 channel will not be used: 1. Car to car, or, 2. When normal operations are available. While on the ST OPS 5 channel, officers must remember that all two way communication with the dispatcher is lost and the Emergency Activation Button on the portable radio will not function. D. Because it is a simplex channel (line of site), it will not be recorded by the Communications Section. VII. Miscellaneous GO Report (MIR) and Disposition Procedures A. Total MIR and disposition reporting of all primary police actions is required except for routine patrol, on-view traffic citations, and follow-up (secondary) action conducted by follow-up units. Such reporting is required of any officer or employee of the Department who handles a police incident. B. MIRs and dispositions will generally be initiated and completed by the officer via theirVMDT. Officers in vehicles not equipped with a VMDT will give their MIR and disposition to the dispatcher via radio. C. All police actions must be reported, and the Communication Section advised as follows, via radio or VMDT as appropriate: 1. The nature of the incident, 2. The location of the incident, 3. Time the complaint was received or the on-view incident occurred, 4. Time logged out of service, 5. Time of arrival at scene, 6. Time returned to service, and 7. Disposition of incident. Page 3 of 5 Section 12.010 Communications VIII. Aggressive Dispatching A. An expeditious dispatch to high priority calls for service is necessary for the Department to accomplish its mission. This procedure describes how high priority calls for service will be dispatched when insufficient resources are immediately available. B. The Department’s response time goals are less than 7 minutes to all precedence 0 and 1 calls; less than 15 minutes to all precedence 2 calls and less than 30 minutes to all precedence 3 calls. 1. If a high precedence (0 and 1), or precedence 2 call cannot be immediately dispatched, the call information will be broadcast over the appropriate talk group(s) and the dispatcher will ask if any unit(s) can be clear to respond. This gives all units the opportunity to volunteer and assist in a response, such as Traffic, K-9, CPT, ACT, SWAT, Detectives, Prisoner Vans, etc. 2. For high precedence (0 and 1) calls, if no units immediately volunteer to respond, the dispatcher will determine which units are on low precedence/paper calls and request they respond. The dispatcher will not hesitate to free and assign units who are on downtimes (e.g., 931, 932, out-car), or other non-emergency situations. If the dispatcher receives unreasonable resistance, the Chief Dispatcher and Sector Sergeant should be notified immediately. a. If the dispatcher is still unable to assign units, a Precinct Supervisor (Sector Sergeant or Watch Commander), will be advised over the air and the dispatcher will continue to search for units to respond. b. Dispatchers should always consider the option of cross-precinct dispatching. This should be done in conjunction with the Chief Dispatcher who is responsible for notifying the affected Precinct's Supervisors once the call has been assigned. c. If assignment of the call is still unsuccessful, the dispatcher will update the call to show no units available (NUA). This shall only be noted once all of the above steps have been taken. The dispatcher will continue efforts to assign the call. 3. Precedence 3 and 4 calls of an investigative nature are to be dispatched or pended to the district car when at all possible. If the district car is unavailable the call can be assigned to another car within the sector. 4. Depending upon the type of call (not of an investigative nature), dispatchers can sometimes more effectively handle lower precedence 3 and 4 calls by broadcasting the information when units are not available. This will give Patrol and other units (e.g., CPT, ACT, SWAT or Traffic), who are nearby the location or have recently been through the area a chance to clear the call. Examples of appropriate calls to be handled in this manner would be area checks for mischief, minor hazards, etc. IX. Radio Calls Signs A. Patrol Sergeants 1. B. Watch 1, 2, or 3 followed by the sector letter (e.g., 1N –1st watch sergeant of Nora sector) Patrol District Units 1. Watch 1, 2, or 3 followed by sector letter and beat number (e.g., 3S3 – 3rd watch unit in Sam sector, beat number 3). 2. Additional units assigned to the beat shall be identified by the watch, sector, beat and a number 1 through 9, identifying the # of extra units within the sector (e.g., 3S31 – additional 3rd watch unit in Sam sector, beat number 3). Note: The use of double beat cars is no longer allowed. For example, 3S23 would identify an additional unit assigned to the S2 beat, not a unit covering both beats S2 and S3. Page 4 of 5 Communications C. Section 12.010 Umbrella Units 1. Units assigned to cover entire sectors or with no designated beat(s) shall be identified by the watch, sector, a zero and a number 1 through 9 (e.g., 3N01, 3N08). Units assigned to extra patrol for the sector will use numbers 01 through 06 and be available for 9-1-1 calls. Unmarked, surveillance or dedicated pro-active units will use numbers 07 through 09 and be available for emergency calls only. D. Uniformed Walking Beat Units 1. E. Walking beat officers shall be identified by watch, sector and a two-digit number 51 through 59 (e.g., 3E51, 3E55). Walking beat sergeants shall be designated by the watch, sector and the number 50, (e.g., 3E50). Uniformed Emphasis Units & Sergeant 1. Patrol officers assigned to special emphasis (e.g., gang suppression, target areas), shall be designated by the watch, sector and a two-digit number 61 through 69 or 71 through 79, (2M62, 2M79, etc.). Emphasis unit sergeants shall be designated by the watch, sector and the number 60 or 70, (e.g., 2M70). D. Uniformed Bicycle Beat Units & Sergeant 1. E. Patrol Wagons 1. F. Bicycle officers shall be identified by watch, sector and a two-digit number 81 through 89 or 91 through 99 (e.g., 2U83, 2U94). Bicycle unit sergeants shall be designated by the watch, sector and the number 80 or 90, (e.g., 2U80). A patrol wagon shall be identified by the sector, watch and the number "10" (e.g., 3K10, 2D10). Mobile Precincts 1. The mobile precincts will be designated as MP1, MP2 and MP3. They will not utilize a watch or sector designator. G. Off Duty or Unassigned Personnel 1. Off-duty personnel using SPD radio will identify themselves by using their employee serial number preceded by the alpha designator “VICTOR” (e.g., V5348). Employees not assigned a radio unit number who have need to use SPD police radio are also required to identify themselves using their employee serial number preceded by the alpha designator “VICTOR”. H. Special Event Radio Assignment Numbers 1. The Seattle Police Department regularly allocates staffing for special events and provides radio support services for units involved. Special events include large gatherings, V.I.P. security, special command operations and events such as Seafair, Hydroplane Races and other City activities. In order to minimize confusion and attain uniformity and standardization for radio operations and later reporting of special event resources, units are to be assigned using the following alpha designators: A – ADAM; I – IDA and Y – YOUNG, and the numbers 1 through 200. The numbers 1 through 5 may also precede the designator (e.g., Y25, A120, 5A75, 3Y130). Sergeants shall be identified by using the alpha designator preceded by a number 1 through 20 (e.g., 3A, 12Y). Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 12.030 Chapter: 12 - Department Information Systems 030 – Computer Hardware & Devices POLICY The security of police computer systems and information stored on them is a priority for all Department members. The Information Technology Section is tasked with ensuring the security of those systems, including the auditability of the use of equipment and access to information. I. Computer Hardware and Devices A. Access to the Seattle Police Department’s physical computer network is restricted to authorized users operating on authorized devices. B. The only devices permitted on the SPD network are those that are authorized by the IT Section. This includes all IT equipment purchased by the Department for Department purposes. Equipment may not be placed on the Departmental network without authorization by the IT Section. C. In addition, and without exception, no non-SPD, non-ITS provided equipment is permitted without the written consent of the Field Support Bureau Commander. This particularly includes the devices of other agencies, vendors, or any employee’s personally owned equipment like laptops, wireless interfaces, or any device that has network capability. D. Employees seeking an exception to the above should submit their request along with the appropriate business justification through their chain of command to the ITS Manager. Any exceptions will be granted in writing. Any devices granted exception must be maintained in compliance with Department and ITS approved security policies and procedures or approval will be withdrawn. E. In the event an exception is granted, employees are reminded that Department computers and network are provided for the purpose of conducting official Department business and that employees have no expectation of privacy in the use of their own equipment while on the Department computer systems. F. Devices that do not meet this policy and are found on the network will be removed and disciplinary action can be taken. Effective Date: 12/04/06 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 12.040 Chapter: 12 - Department Information Systems 040 - Computer Software POLICY Only legally owned and Department authorized software shall be loaded and run on Department owned computers. The security of police records and documents is a priority to all Department members. The use of computers and other electronic technology makes security easier to implement through the use of encryption and passwords to protect entire systems or individual files. However, the on-going business needs of the Department, including the access to all work product created by department employees, must be weighed against the available security options. I. II. III. IV. Information Technology Section Responsibilities A. Purchase, or authorize the purchase of, all Department owned microcomputer software. B. Collect and maintain on file, software licenses for all Department owned software products. C. Audit the software used on Department computers and remove unauthorized software. Prohibited Activities A. Violating the License Agreement for any software. B. Copying Department owned software to any other computer, including other Department owned or home computers. C. Loading or installing “shareware,” “freeware,” or “demo” software without express authorization as outlined below. Personal Software A. Personally owned software may be placed on Department computers only with the expressed permission of the Information Technology Section. B. Installation of personal software shall be made in concert with the Information Technology Section and must not interfere with the operation of any Department owned software or hardware. If problems arise, personal software shall be removed. C. License agreements for authorized personal software shall be maintained in the office where it is installed and a copy provided to the Information Technology Section for their files. Entertainment Software A. V. Entertainment software is not authorized on Department computers. Encryption and Password Protection of Police Department Records A. Employees are prohibited from using any third party encryption tool on any Department computer, or on any Department related work file. Individual sections and units will determine which employee work will be maintained on a Department share drive. Effective Date: 10/6/05 Page 1 of 2 Computer Software Section 12.040 B. Employees may not password protect any file or hard drive without written permission from their supervisor. The minimum permanent rank of any supervisor who approves the use of a password to protect a document must be lieutenant or above (lieutenants must obtain approval from a captain, a captain from an assistant chief, etc). C. Only those investigations or other electronic documents that are extremely sensitive may be password protected. Requests to password protect a file must be made in writing to the unit commander, and must include the file name and password. This will allow the Department to access the document(s) in case of an emergency, an extended absence on the part of the employee, or any other Department business need. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 12.050 Chapter: 12 - Department Informations Systems 050 – Criminal Records REFERENCES CALEA standards 41.3.7, 81.2.9, 82.1.4, 82.1.7 CFR 28.20 WAC 446-20-260 RCW 10.97 I. Definitions A. B. II. Criminal History Record Information: Information contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising there from, including sentences, correctional supervision, and release. The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual’s record of involvement in the criminal justice system as an alleged or convicted offender, except: 1. Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons, 2. Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis, 3. Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings, and 4. Records of traffic violations that are not punishable by a maximum term of imprisonment of more than ninety days. Dissemination: Disclosing criminal history record information, or the absence of criminal history record information, to any person or agency outside the agency possessing the information, subject to the following exceptions: 1. Agencies participating in a single (joint) record keeping department, 2. Furnishing information to process a matter through the criminal justice system (information to a prosecutor), and 3. Reporting events to a record-keeping agency. ACCESS / Washington Criminal Information Center (WACIC) Certification A. National Crime Information Center (NCIC) policy mandates that all employees who use terminals that have access to information in WACIC / NCIC files be certified. 1. For inquiries only, employees shall attain Level I certification. 2. If employees make data entries into the system, they shall attain Level II certification. Effective Date: 4/21/06 Page 1 of 4 Section 12.050 Criminal Records B. III. After initial certification, employees shall take a recertification test every two years. Criminal History (WASIS/NCIC) Inquiries A. Use of WASIS (Washington State Identification and Criminal History Section) and NCIC Interstate Identification Index (NCIC III)) is regulated by the FBI and WSP in accordance with the Code of Federal Regulations Title 28.20, WAC 446-20-260, and RCW 10.97. Improper use of the system may result in severe penalties to the Department and the individual user. Therefore, all employees shall adhere to the following WASIS and NCIC policies: 1. Any information obtained through these systems shall not be disseminated to anyone outside the Department, except to a prosecutor. If necessary, officers may confirm to a criminal justice agency the WASIS or FBI number, if it is known. 2. Inquiries into these systems shall not be made in response to a request by another criminal justice agency or by any retired employees, including those holding any extended authority, special police commission, or similar police commission. 3. The Department computer systems do not automatically log these requests. All NCIC III inquiries shall be logged by the employee making the inquiry in an NCIC III User Log. A complete new log entry will be made for each and every inquiry. If the same information is submitted numerous times, a new log entry must be completed every time a request is sent. If the same name is run three times, three lines in the log must be completed. The use of “ditto” marks is prohibited. All blocks must be completed even if the information is the same as the previous block. This log is audited by the Washington State Patrol, the FBI, and the Audit, Accreditation & Policy Unit, and shall be available for inspection by any of the agencies at any time. Each log entry shall contain: Page 2 of 4 a. The requester’s full name b. The suspect’s name, and the SID #, or the FBI # when used. The inquiry prompt must also appear with the name and SID or FBI numbers. The prompts are: “QH”, “QR”, “QWH”, and “QI” (see NCIC manual for details). The date and time of the inquiry c. The purpose code of “C” (for criminal investigation), or another appropriate code (see NCIC manual for details) d. A legitimate reason for the inquiry such as: “murder”, “assault”; “DUI”; “criminal justice employment”; etc. An incident number does not constitute a “reason” for the inquiry and is optional. 4. The NCIC III system is to only be used by personnel involved in criminal investigations, background investigations, and processing of concealed weapons permits. 5. It is the responsibility of the unit/precinct commander to ensure that a copy of the log for each computer terminal capable of making III inquiries is retained on file at the end of each month. The unit commander will maintain NCIC III logs for current year plus one. Units will be audited periodically for the accuracy of their NCIC III logs. (The terminal identification number must be written on the log. This is the number that begins WASPD…and is followed by four numbers or a letter number combination. This is a unique number that individually identifies each computer that can make a NCIC III inquiry.) . Section 12.050 Criminal Records IV. 6. MDCs and PDTs (mobile and portable data computers/terminals) are not authorized to access NCIC III information because the terminals are unable to comply with NCIC audit requirements. 7. It is equally important to enter inquiries to the Criminal History Records system properly. The following information must be accurate and complete on the inquiry mask: a. The “Purpose Code” must be entered correctly, “C”, for criminal investigation, or another appropriate code (see NCIC manual for details). b. The “Requestor Full Name/Serial” must contain the name and SPD serial number of the person making the inquiry. It is not acceptable to use “Det”, “Off”, or the “unit title” in this field. Criminal History Dissemination A. The Washington State Criminal Records Privacy Act (RCW 10.97) provides for the completeness, accuracy, confidentiality, and security of criminal history record information, as well as victim, witness, and complainant record information. Employees shall not discuss or provide information to any person who is not a member of the criminal justice system (prosecuting attorney, court, etc.) without the permission of the Chief of Police, or by due process of law. Violations may lead to criminal sanctions. B. Criminal Records Release Procedures 1. Criminal history record information dissemination to individuals, agencies, or groups outside the Department shall be administered by the Records Files and Data Center Section. 2. Juvenile record information dissemination to individuals, agencies, or groups outside the Department shall be administered by the Youth Crimes Section. 3. Requests for information shall be referred to the appropriate section. 4. Printouts of criminal history record information from the Department’s computerized and manual files are prohibited except when: 5. C. a. Required for a detective investigative file, b. Required by a prosecuting attorney, c. Required by agencies or individuals authorized by the Records, Evidence and Identification Section access procedures, d. Required in a mutual criminal investigation with a court or government agency authorized by the Washington State Patrol to receive criminal history record information. The Records Files and Data CenterSection shall maintain a current list of agencies so authorized, e. Authorized by a watch, section, or unit supervisor as required for an investigation or in an emergency. The following information relating to dissemination of criminal history record information shall be maintained by the appropriate section: a. An indication of to whom (agency or person) criminal history information was released, b. The date of release, and c. A brief description of the information released. The disposal of printouts from computer terminals shall be by destruction. Page 3 of 4 Section 12.050 Criminal Records V. Individual Rights of Inspection and Review A. B. Page 4 of 4 Policy 1. Individuals shall have the right to inspect and review their criminal history record information maintained by the Department. 2. An individual’s right to access and review of their criminal history record information shall not extend to data contained in intelligence, investigative, or other related files and shall not be construed to include any information other than that defined as Criminal History Record Information by RCW 10.97.030. 3. An individual will be provided an opportunity, following review of the criminal history record information collected, stored, and maintained by the Department, to challenge the accuracy and completeness of the data and request deletion of certain nonconviction arrests. 4. If the challenge is rejected, the individual has a right to appeal the decision to the Office of the Chief of Police. Procedures 1. In order to inspect, review, or challenge and have deleted criminal history record information, the individual must appear in person at the 1st floor of the Police Headquarters Building 610 Fifth Avenue, Monday through Thursday (excluding holidays) between the hours of 8:00 a.m. and 4:30 p.m., and make a request in writing on the forms provided. 2. Employees are responsible for directing individuals to the Records Files and Data Center Section in order to facilitate review of their criminal history record information. 3. It shall be the duty of the Records Files and Data Center Section managers and supervisors to administer the rules pertaining to an individual’s right to review their criminal history record information, concurrent with the aforementioned laws, regulations, and ordinances. 4. A copy of the Department Operating Instruction titled, “Inspection and Review of Criminal History Record Information” and “Challenge and Deletion of Criminal History Record Information” shall be maintained at locations where the public can make inquiries concerning Department procedures. Seattle Police Department Policies and Procedures Title: Section 12.060 Chapter: 12 - Department Information Systems 060 – Department Forms Control REFERENCES CALEA standards 11.4.2. POLICY The Audit, Accreditation & Policy Section is responsible for the control of forms utilized by the Department, except for forms used exclusively by one unit. The Forms Control Officer shall maintain a master file of Department forms. I. II. Creation, Revision, and Approval of Department Forms A. Any Department member may originate requests for creation, revision, or discontinuance of Department forms. B. Prior to generation of a new form, employees of the Department shall contact the supervisor of the Audit, Accreditation & Policy Section to determine if a form currently exists which may serve in the place of an additional form. C. Employee requests shall be submitted through the chain of command to the originating employee’s Assistant Chief. The request must establish the need for the form and include a draft of the form. The Assistant Chief will make a determination upon the merits of the request. Approved requests will be forwarded to the Audit, Accreditation & Policy Section. D. The Audit, Accreditation & Policy Section shall coordinate the final draft with the Deputy Chief of Administration, who has final approval authority. E. Upon final approval, the Audit, Accreditation & Policy Section will assign a form number if required, and add a hard copy of the form to the master file of Department forms. The Audit, Accreditation & Policy Section will also maintain an electronic version of the form, if one is available. Review and Modification A. III. Section Commanders shall review all forms utilized within their command, and shall recommend modification or discontinuation of any form as appropriate. Such recommendations shall be submitted in writing through the chain of command to the Audit, Accreditation & Policy Section. Printing and Ordering of Forms A. Forms used throughout the Department will normally be stocked, distributed, and reordered by the Quartermaster. B. Unit specific forms will be maintained and ordered by the unit. C. All requests for print forms will be sent to Fiscal for authorization. Effective Date: 9/16/02 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 12.070 Chapter: 12 - Department Information Systems 070 - Department Publications REFERENCES CALEA standards 12.1.4, 12.2.1, 12.2.2, 16.2.2. POLICY It is the policy of the Seattle Police Department to maintain a formal written system of directives and publications to meet statutory requirements, to keep Department members informed of policy, any changes in law, and to meet the goals of the Department. Any formal publication issued and signed by a command level officer shall have the effect of Department regulation. Directives, Special Orders, Notices, Personnel Orders, Department Manuals, Legal Bulletins and Procedures & Tactics Publications are official Department publications dealing with policies, procedures, conduct, and matters of general importance. Employees shall read and be held accountable for orders and information published therein. All Department publications are issued under the authority of the Chief of Police. I. Definitions A. Special Orders: Written orders that announce mandatory training and event assignments for affected employees. B. Bureau Directives: Written directives which are developed within a Bureau; reviewed by the Bureau’s chain of command; and approved by the Bureau Commander prior to publication. These directives apply only to the Bureau. C. Departmental Directives: Written directives, which are created, reviewed and approved by the Bureau Commander. Because the information crosses Bureau boundaries, the Chief of Police must approve and sign the directive prior to publication. These directives apply to all Department employees. D. Procedures & Tactics Publications: Written publications that provide guidelines and Department approved methods for specific areas of Department administration, operational procedures and preliminary investigations. E. Department Notices: Written or electronic notices that provide general information for all Department employees. Examples include retirement announcements, positions available and death notifications. F. Personnel Orders: Written orders announcing the official appointment, promotion, transfer of assignment, classification change, name change or separation of employees. G. Legal Bulletins: Notices that are intended to be used as a training aid. They are educational and referential in nature. H. Provisional or Interim Policies: Policies that are issued prior to the completion of the formal policy review process. These policies shall remain in effect only until that formal process is complete. I. Department Manuals: Manuals providing procedural guidance for the daily operation of Department employees. Effective Date: 11/5/07 Page 1 of 4 Section 12.070 Department Publications II. Manuals A. III. 1. The electronic version of the Manual is the most current and takes precedence over any printed version. 2. Employees are encouraged to submit suggested changes, additions or deletions to the Manual. These suggestions or proposals for revision should be submitted by memorandum through the employee’s chain-of-command to the Deputy Chief of Administration, and should include any supporting documentation. B. Bureau Manuals shall be published and maintained by each bureau and shall apply to all bureau employees. Bureau Manuals should be reviewed and updated not less than annually. A current copy of the Bureau Manual shall be forwarded to the Audit, Accreditation & Policy Section for archival and accreditation purposes. C. Section/Unit Manuals shall be published and maintained by the appropriate commanding officer, and shall apply to those employees assigned to the specific section/unit. Section/Unit manuals should be reviewed and updated not less than annually. A current copy of the Section/Unit Manual shall be forwarded to the Audit, Accreditation & Policy Section for archival and accreditation purposes. Directives A. Departmental Directives are limited in purpose by the following criteria: Legal changes, changes in Department policies and procedures, and Bureau Operational Orders. B. Departmental Directives shall be approved by the originating Bureau chain of command and signed by the Chief of Police before publication. C. IV. The Department Policy and Procedure Manual shall be published and maintained by the Audit, Accreditation & Policy Section and shall be issued in either printed or electronic form to all Department employees. 1. An electronic copy of the approved Directive must be forwarded to the Audit, Accreditation & Policy Section prior to publishing (either e-mail or diskette). The Audit, Accreditation & Policy Section shall review the Directive to ensure that all Department publications are in compliance with current Department policies and procedures and after approval by the Chief of Police, will assign the Department Directive number. 2. On occasion, Departmental Directives will announce “interim” policies. These policies will remain in effect pending the adoption of a permanent policy. “Interim” policies shall be used when the Department must respond to an issue or situation prior to the completion of the normal policy generation process. The Department will not knowingly issue a policy that either infringes on the legal rights of employees or violates any current collective bargaining agreement. In the event it becomes clear that an “interim” policy inappropriately impacts employees, the policy will be retracted or revised, as appropriate. Bureau Directives shall be approved through the appropriate chain of command and signed by the Bureau Commander before publication. Publications A. Page 2 of 4 Directives 1. The Audit, Accreditation & Policy Section Captain shall be responsible for the publication and distribution of Department Directives. 2. Department Directives shall be sent to the entire Department via email. The email will have the directive attached as a PDF file and the body of the email will contain Section 12.070 Department Publications language regarding the acknowledgement of receipt and dissemination of the directive. A list of supervisors and managers who are required to return an acknowledgement of receipt for the dissemination of the directives will be maintained by the Audit, Accreditation & Policy Section. These employees shall acknowledge receipt and distribution of the directives by responding to the email announcing the directive. The following positions are responsible for returning an acknowledgement of receipt. B. 3. All Department employees shall be responsible for checking their email for published Directives. Captains and their civilian equivalents shall ensure that the content of the directives are known to their subordinate employees. This duty may be delegated to the sergeants or civilian supervisors, and accomplished through normal briefings or roll calls; however, the responsibility remains with the captain or civilian equivalent. A record of this shall be created by having each employee initial a “distribution roster”. A “distribution roster” may be in the form of a watch roster, timesheet or other personnel roster, so long as the Directive name and number appear at the top of the form. When returning from furlough, vacation, leave, etc., employees shall review any Directives published during their absence. 4. Sections and Precincts shall maintain an accessible master file, numerically ordered, of SPD Directives for the current calendar year plus the previous calendar year. 5. The Employment Services Section shall brief all new employees during orientation on their responsibilities concerning Directives. 6. The Audit, Accreditation & Policy Section shall maintain the acknowledgment receipts and distribution rosters with the original Directive. This file will be maintained until the Directive is either rescinded or incorporated into the SPD Manual. 7. Directives will remain effective for two calendar years from the published effective date or until incorporation into the Department Manual. Special Orders 1. The Captain of the Audit, Accreditation & Policy Section shall be responsible for the publication and distribution of Special Orders. a. The Special Orders shall be distributed to the entire Department via email. b. All Department employees shall be responsible for checking their email for published Special Orders. Captains and their civilian equivalents shall ensure that the content of the Special Orders are known to their subordinate employees. This duty may be delegated to the sergeants or civilian supervisors, and accomplished through normal briefings or roll calls; however, the responsibility remains with the captain or civilian equivalent. A record of this shall be created by having each employee initial a “distribution roster”. A “distribution roster” may be in the form of a watch roster, timesheet or other personnel roster, so long as the Special Order name and number appear at the top of the form. When returning from furlough, vacation, leave, etc., employees shall review any Special Orders published during their absence. c. 2. Each Section/Unit will maintain a copy of the Special Order with their distribution roster for the current year plus one. Special Orders shall be used to notify all assigned personnel of special events, mandatory training and all other special assignments to Department events and shall have the force and effect of Department regulations. Page 3 of 4 Section 12.070 Department Publications 3. C. b. The Training Captain will issue the Special Orders for mandatory training conducted by that section. c. The Special Deployment Captain will issue all Special Orders for Bureau wide or Department wide assignment of personnel as directed by the Chief of Police. Special Orders shall be numbered and maintained on file by the Audit, Accreditation & Policy Unit The Director of Human Resources shall be responsible for the publication and distribution of Personnel Orders. Notices 1. V. The Operations Bureau 2 commander will issue any Special Orders concerning staffing for regularly scheduled sporting events. Personnel Orders 1. D. a. The Assistant Chief of the Field Support Bureau shall be responsible for the publication and distribution of Department Notices. Notices are distributed via GroupWise e-mail. Procedures & Tactics Publications A. Page 4 of 4 Procedures & Tactics Publications shall be available to all sworn personnel. When matters of official policy, rules, and procedures are definitely stated within a Procedures & Tactics Publication, such matters shall have the force and effect of Department regulations, and are available Department-wide on the Department in-web. 1. Bureaus, sections and units with expertise in these areas of specialized investigations, tactics and procedures are the authors of the content of the Procedures & Tactics Publication. 2. The Audit, Accreditation and Policy Section will publish these chapters after receiving command approval. 3. The originating section commander shall review the published sections every two years to ensure continued relevancy and accuracy. A memo addressed to the Captain of Audits, Accreditation and Policy will be written at the conclusion of this review, listing specific corrections to be made or the fact that the section remains current. Seattle Police Department Policies and Procedures Title: Section 12.080 Chapter: 12 - Department Information Systems 080 – Department Records Access, Inspection & Dissemination REFERENCES CALEA standards, 33.1.6, 35.1.5, 82.1.1 RCW 42.17 POLICY Employees shall treat sensitive official Department documents and records, including those obtained from other entities and electronic systems, as confidential and shall not discuss or impart information to any person who is not a member of the criminal justice system (prosecuting attorney, court, etc.) without the permission of the Chief of Police, or by due process of law. Most employees are not expected to know the intricacies of the complex laws of confidential records and evolving legal issues. Employees shall, however, understand the statutory requirement that the Department must respond to all requests for public records in a timely manner and that there are many and varied exemptions to the public disclosure law. All requests for public disclosure shall be forwarded to the Public Request Unit (PRU). The Public Request Unit, with assistance from the Department Legal Unit, shall in most cases be the central point of entry and exit for public disclosure requests and responses. The Department’s response to Public Records Act (PRA) requests shall include a formal acknowledgement of the request; in the case of non-routine requests, the response will include a list of Department units involved in the collection and production of documents or other records. I. Authority - Public Records State law (RCW 42.56) requires that all public records be available for inspection and copying. The law also describes ground rules concerning indexes to records, exemptions for certain records, mandatory protection of some records for information based on "privacy" as defined by law, copying charges to the public, hours of availability, and appeals procedures for denials. II. III. Definitions A. Public Records: Includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics and encompassing all formats in which responsive documents are kept such as electronically stored materials retained as e-mail, correspondence, or data in electronic files on a computer or server. B. Routine PRA Requests: Requests for police records that result in a search of one location/data base/unit not exceeding one hour in duration. Routine requests are usually for specific GO Reports or other documents relating to a discrete event or events. C. Non-routine PRA Requests: Requests for police records that result in a search of more than one location/data base/unit or exceeds one hour in duration. Such requests are often for departmental policy or statistical documents or documents created or held by units such as OPA-IS, Personnel, Intelligence, or Vice/Narcotics whose records are not retained in the Records, Evidence, and Identification Section. Responsibilities A. All Department personnel are responsible for following the guidelines established in this policy. Generally, requests for Public Records may be made in person as follows: Effective Date: 07/11/06 Page 1 of 3 Section 12.080 Department Records Access, Inspection & Dissemination In Person Public Counter 1st Floor Seattle Police Headquarters 610 5th Ave. Seattle, WA 98124-4986 By Mail Seattle Police Department Public Request Unit 610 5th Ave. P.O. Box 34986 Seattle, WA 98124-4986 E-mail address spdpdr@seattle.gov By FAX FAX 206-684-5240 Members of the public can obtain additional information about how to submit a Public Disclosure Request by calling 206-733-9314. If requested, employees may accept public records requests directly and will forward them to the Public Request Unit as soon as possible. IV. V. B. Unit Commanders are responsible for locating, and with the advice and assistance of PRU and/or the Legal Unit, redacting records under their responsibility which are responsive to the specific request. State law requires a response within five days, which, at a minimum, acknowledges receipt of the request and provides an estimate for how long the search will take. Unit Commanders shall inform PRU of any delays in producing records. The records should be forwarded either to PRU or the Legal Unit unless otherwise directed. If a reasonable search finds no responsive documents the Unit Commander will so inform PRU in writing (e-mail, hard copy). C. The Manager of the Public Request Unit shall be responsible for responding to all routine requests for public records, maintaining the Public Records Inspection and Copying Procedure and Index, and maintaining a log of all public requests. D. The Supervising Attorney of the SPD Legal Unit shall be responsible for coordinating and responding to all non-routine public records requests, providing legal advice and assistance on all matters pertaining to public disclosure and administering appeals as needed. E. The Captain of the Audit, Accreditation & Policy Section shall have overall responsibility and oversight for Public Disclosure policies, procedures and responses. Inspection/Copying Procedures A. Citizens requesting access to public records shall be directed to the Public Request Unit, 1st floor, Seattle Police Headquarters Building, or via mail, e-mail, or fax as specified above. Customary office hours for inspection and copying shall be from 0800 hours to 1700 hours, Monday through Friday , excluding legal holidays. B. The Manager of the Public Request Unit will route copies of non-routine requests, and requests that involve Department units such as Personnel or OPA-IS, whose records are not retained in Records Section. These Departments will provide releasable records to the PRU Manager. If necessary, PRU Manager, will meet legal advisor(s) regarding the release of the record. C. Searches for requested documents must encompass all formats in which responsive documents are kept (e.g. hard copy, computer, etc.). Additionally, SPD will respond to Public Records Requests based on the names of identifiable individuals and when searching, will consider reasonable alternative spellings of names: e.g. Green, Greene; Jenson, Jensen. Criminal Justice Research A. POLICY Within the context of various constraints (legal, monetary, and personnel required), the Seattle Police Department encourages research in the criminal justice area and which directly benefits the Department. 1. Page 2 of 3 Only Departmental personnel shall access police files. Where significant time is involved, any Departmental personnel costs shall be reimbursed on an overtime basis. Department Records Access, Inspection & Dissemination 2. B. Section 12.080 Agreement for release of any Department data, including criminal history record information, for research, evaluative, or statistical purposes shall be made in writing in the form of a formal Research Agreement. Any research requests for criminal history shall be in conformance with WAC 446-20-420, Model Agreement for Research, Evaluation or Statistical Purposes. Request Procedures 1. Agencies or individuals desiring use of police records for research shall submit their research proposal and their requests in writing to the Office of the Chief of Police, with a copy to the Public Request Unit. Any determination of benefit to the Department will be made by an Assistant Chief based on details of the proposal. 2. The Manager of the Research, Grants & Corporate Support (RGCS) Section shall coordinate research request approval or disapproval with the Chief of Police, Public Request Unit, Legal Unit, and the Bureau or Section, which will be affected by, or benefit from, the research project. 3. The Manager of the Research, Grants & Corporate Support Section shall recommend action based on analysis of each request with regard to the following: a. Right to privacy issues; b. Ensuring the request allows for protection of individuals as provided by law, e.g. Juvenile Records information (13.50.010); c. The extent to which the research product, by design, will be beneficial to the criminal justice system or the Department; d. Determining if the information requested is available; and e. Estimated costs of such research. 4. If approved by an Assistant Chief, the RGCS Manager shall prepare a Research Agreement for signature by the Chief of Police and the researcher, which shall specify security and privacy measures regarding data, and providing for fees, if any, to be paid to the Department for search and copy costs. The Research Agreement shall be patterned from the WAC 446-20-420, Model Agreement for Research, Evaluative or Statistical Purposes. 5. Personnel time, computer file research, and copy costs shall be forwarded to the Fiscal, Fleet, and Property Section for billing and reimbursement. Page 3 of 3 Seattle Police Department Policies and Procedures Title: II. A. Outgoing correspondence: Any official communication by letter emanating from the Seattle Police Department. B. Original letter: Any original correspondence from the Office of the Chief of Police, Deputy Chief, Bureau Chief or Section Commander. C. Form letter: All pre-printed correspondence sent out from any segment of the Department under the signature of the Chief of Police, Deputy Chief, Bureau Chief or Section Commander. Requirements B. Bureau and Section Commanders shall: 1. Ensure that all concerned personnel comply with the established format for original and form letters. 2. Be the approving authority for all outgoing correspondence originating from their respective Bureau or Section. 3. Provide copies of all printed form letters to the Audit, Accreditation & Policy Section prior to ordering the printing of any form letter. The Audit, Accreditation & Policy Section shall: 1. Maintain a complete and accurate file of all form letters in use by the Department. 2. Screen all new and reordered form letters to ensure they conform to the established format. Memorandums A. IV. 090 - Department Correspondence Definitions A. III. 12.090 Chapter: 12 - Department Information Systems I. Section Official written communications within the Department shall be by Memorandum. 1. The sender shall initial next to their name in the “from” block. 2. If practical, first names, rather than initials, shall be used. 3. See page 2 for a sample Memorandum. Internal Mail System A. Employees are prohibited from using a Department address for any personal reasons, including a driver’s license, phone service, etc. The one exception would be that employees may use their business address for vehicle registration with the Department of Motor Vehicles. B. When placing your name and address on any mailing list associated with Seattle Police Department correspondence, please use your unit name instead of unit number and use your exact building address instead of 610 5th Avenue (unless you work in Police Headquarters in which case use the Department P.O. Box Address). Effective Date: 6/30/03 Page 1 of 3 Section 12.090 Department Correspondence Example: Seattle Police Department Detective Jane Doe/East Precinct Burglary 1519 12th Avenue Seattle, WA 98122 V. Outgoing Correspondence A. All original letters shall be in the following format: 1. On Department letterhead stationary, using block text with mixed punctuation. 2. See page 3 for a sample Outgoing Correspondence letter. SEATTLE POLICE DEPARTMENT MEMORANDUM TO Officer John Doe Patrol FROM R. Gil Kerlikowske Chief of Police SUBJECT Commendation (Text of memo single-spaced, block paragraphs, left aligned) (Paragraphs separated by 1 line) cc: (4 lines below last paragraph, if needed) Page 2 of 3 DATE December 11, 2000 Department Correspondence Section 12.090 City of Seattle Gregory J. Nickels, Mayor Seattle Police Department R. Gil Kerlikowske, Chief of Police Mr. John Smith 1234 Maple Street Seattle, Washington 98101 Dear Mr. Smith: (body of letter in block paragraphs aligned at left margin) (paragraphs separated by double spacing) Sincerely, R. Gil Kerlikowske Chief of Police BD:sks (drafters initials/typist’s initials) cc: (names/units copies provided to) If correspondence is to be signed by another Department employee: Sincerely, R. Gil Kerlikowske Chief of Police Department Employee’s Name Employee Title BD:sks cc: Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 12.091 Chapter: 12 - Adminstration 091 – Mobile Reporting Entity (MRE) Laptops POLICY MRE Laptop computers will be issued to patrol officers and patrol sergeants working in a patrol capacity. Each laptop will be individually assigned, and personnel are responsible for proper care and handling of that property or equipment. Computer equipment shall not be used for anything other than assigned purposes without prior permission of the concerned section commander. All City of Seattle and SPD Computer Policies will be applicable, including, but not limited to, DP&P Computer Software, Computer Hardware & Devices, Use of Department E-mail & Internet Systems and Care and Use of City Equipment & Property. I. Usage A. MRE laptops are for SPD use only. The MRE laptop will not be allowed to connect to any wireless or wired networks outside of the SPD. The device may be used in stand-alone mode, for SPD business. B. Officers will not loan their assigned MRE laptop to any other person. C. Officers may be required to connect the device to the SPD network, to download and install critical software updates. D. MRE laptops are configured to provide the most flexibility and security for SPD Users. Requests to install or modify software and/or services will be reviewed annually to see if the MRE laptop program will be updated to provide the requested software or functionality to all devices. E. MRE laptops will not be customized for specific users. II. Equipment issuance A. MRE Laptops will be issued to individual patrol officers and patrol sergeants assigned to one of the Operations Bureaus. B. Patrol Officers and Sergeants must complete the RMS/MRE training class prior to issuance of the MRE Laptop equipment. C. The MRE Laptop computers will be issued during the training class. D. Patrol Officers and Patrol Sergeants will be required to sign a property record authorization form when they are issued the MRE Laptop Equipment. E. The signed MRE Laptop property authorization form will be forwarded to the Quartermaster Unit by the trainer/laptop issuer, and be filed in the officers or sergeants issued equipment file. 1. The trainer/issuer will also send a copy of the MRE Laptop property authorization form to the Information Technology Section for the inventory control file. F. Student officers will be issued laptops during the Post BLEA segment, and prior to their FTO assignment, by their trainers. Student officers, and trainers, will be subject to the same computer policies, procedures, and training requirements. E. Patrol officers may choose to opt out of the MRE Laptop issuance. Officers choosing to opt out will indicate their intentions on the property authorization form. NOTE: Those who choose not to be issued an individual laptop will still be required to complete electronic reports. III. Maintenance Effective Date: 12/12/07 Page 1 of 3 Mobile Reporting Entity (MRE) Laptops Section 12.091 A. The IT Section will be responsible for repair and maintenance to MRE Laptop equipment. Loaners will not be provided during times of repair. B. If the laptop needs repair by ITS, the Officer will make the device available and the original unit will be returned after repair. C. In the event repairs cannot be made the IT Section will send a memo to the Quartermaster Unit, and the patrol officer or sergeant who the laptop top was issued to. 1. The patrol officer or sergeant will be required to sign a property authorization form for the replacement laptop. 2. The original property authorization form for the non-repairable laptop will have the IT memo attached to it, and noted that the laptop has been taken out of service. 3. When the replacement laptop is issued the Quartermaster will notify the IT Section, and provide them with the required information for the inventory control file. IV. Security A. Each individually assigned MRE Laptop computer will be equipped with a biometric fingerprint scanner. This will be set during the training session. Access to the laptop will be granted only to the officer assigned to the computer. B. In the event that the Laptop is lost or stolen, SPD IT must be notified immediately so that the device is disabled from the SPD Network. C. MRE laptops use various levels of security, however the device does not provide for total security of the data on the laptop. No secure or sensitive data should be copied to the laptop other than temporarily in order to write such data into a police report. Secure and sensitive data includes but is not limited to: social security numbers, medical information, confidential informant information, hazard reports, DOL information, juvenile information, warrant information, addresses and phone numbers. D. Officers are reminded to shield confidential information appearing on the screen of their laptops from unauthorized persons. Be careful to protect the identity of victims and witnesses by keeping the information confidential. V. Return of Equipment A. When an employee separates from service, transfers from patrol, is promoted to the rank of Lt. or above, or otherwise does not need the laptop, the MRE Laptop Computers will be returned to the Quartermaster Unit. B. The following procedures will be followed to insure accountability for the return of laptops: 1. Each Personnel Order will remind patrol officers and sergeants no longer in Operations to return their laptop to the Quartermaster. In addition, an asterisk will be placed next to the individual’s name on the Personnel Order to further identify individuals who must return laptops. 2. The Quartermaster Unit will maintain a tickler file of the notices. If the laptop is not returned within two weeks they will notify the appropriate Operation Bureau Assistant Chief. 3. When notified that the laptop has not been returned to Quartermaster, the Operations Bureau Assistant Chief will take the appropriate steps to ensure the laptop is returned. 4. The Deputy Chief of Operations will be notified after 30 days, by the Quartermaster Unit if, the laptop has not been returned. V. Reporting Damaged, Destroyed, Lost or Stolen Equipment A. In the event of damage or loss to a Department issued laptop, the person responsible shall report the damage or loss to their supervisor. The supervisor will thoroughly investigate the incident as outlined Page 2 of 3 Mobile Reporting Entity (MRE) Laptops Section 12.091 by DP&P - Use of City Equipment & Property. Once a determination has been made, the Quartermaster Unit will reissue another laptop computer. B. Depending on the circumstances, officers may be required to pay for issued equipment that has been damaged, lost or stolen. Final determination of office liability will be the responsibility of the Deputy Chief of Administration. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 12.100 Chapter: 12 - Department Information Systems 100 - Records Inventory, Retention & Disposal REFERENCES CALEA standards, 32.1.7, 35.1.5, 42.1.3, 82.1.6, 82.3.5. POLICY An efficient records management program shall be practiced and maintained by Department employees. Department records shall be inventoried annually and analyzed for administrative, legal, fiscal, and historical values. In addition, minimum legal retention times shall be determined and recurring disposition schedules established. I. Definitions A. Record series: A group of related records performing a particular function which are filed as a unit, used as a unit, and which may be transferred and disposed of as a unit. A record series continues to be a single series even if part of it is in storage, on microfilm, missing by inadvertent destruction, or if new folders or forms make up the series each year, but title and function remain the same. B. Retention period: A period of time that must elapse before a specific record series is destroyed or is eligible for disposal in accordance with approved schedules. C. Archival records: A permanent record or records which have only temporary legal, financial, or administrative value, but which are of historical and research value, which are transferred to State archives or one of its regional branches rather than being destroyed. D. Permanent records: Records which have a permanent or enduring administrative, legal, or fiscal value which should be retained and preserved indefinitely. E. Official public records: Includes all original vouchers, receipts, and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use and disposition of all public property and public income from all sources whatsoever; all agreements and contracts to which the State of Washington or any agency thereof may be a party; all fidelity, surety, and performance bonds; all claims filed against the State of Washington or any agency thereof; all records or documents required by law to be filed with or kept by any agency of the State of Washington; all legislative records as defined in RCW 40.14.100; and all other documents or records determined by the records committee, created in RCW 40.14.050, to be official public records. F. Office files and memoranda: Includes such records as correspondence, exhibits, books, booklets, drawings, maps, completed forms, or documents not above defined and classified as official public records; duplicate copies of official public records filed with any agency of the State of Washington; documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with such agency; and other documents or records determined by the records committee of the State of Washington to be office files and memoranda. Effective Date: 7/1/06 Page 1 of 4 Records Inventory, Retention & Disposal II. III. Section 12.100 Internal Records Committee A. The Internal Records Committee, as appointed by the Chief of Police, shall be responsible for the Department’s compliance with State law (RCW 40.14), to include providing guidelines to Records Coordinators for their assistance in preparing retention schedules for records destruction authorization and providing the mechanism for an ongoing updating procedure. B. The Internal Records Committee shall be composed of commanders or representatives from the following: 1. Inspections and Procedures Unit, 2. Crime Prevention Services Section, 3. Criminal Investigations Bureau, 4. Legal Advisor, 5. Finance and Planning Section, 6. Patrol Operations Bureau, 7. Special Deployment and Planning Section, 8. Vice Section, 9. Narcotics Section, 10. Records, Evidence, and Identification Section, Director (Chair), and 11. Secretary - to be assigned. C. The Internal Records Committee shall approve, disapprove, or modify recommendations on retention schedules of all files of the Department; any modification of a request or recommendation must be approved by the commander of the section or bureau originating the request or recommendation. D. The Internal Records Committee shall meet as business dictates. Action by the Committee shall be by majority vote. Retention and Disposition A. The Records, Evidence, and Identification Section Director shall be responsible for maintaining the Department’s completed records retention and disposition book. B. Each Bureau Commander shall designate individuals as Section Records Coordinators and such assignment notice shall be forwarded to the Chair of the Internal Records Committee. C. The Section Records Coordinators shall be the Records Representatives for their sections. They shall assign Unit Records Representatives whose duties shall include: D. Page 2 of 4 1. Providing a listing of each record series in their unit, 2. Conducting inventories of unit records, 3. Recommending retention and disposition schedules of record series, 4. Reporting the results of inventories and appraisals to the Section Records Coordinator and consulting with them regarding the retention and disposition recommendation for each record series, and 5. Conducting periodic audits of retention schedules for records held by their unit. The completed retention schedules shall be forwarded to the Internal Records Committee which shall review the requests and amend retention periods or dates of destruction to comply with le- Records Inventory, Retention & Disposal Section 12.100 gal, fiscal, administrative, research, or historical requirements. If necessary, the Internal Records Committee may suggest alternative classifications for record series. IV. E. Upon final approval, the Internal Records Committee shall return the original and corrected retention schedule for final signature by the Section Records Coordinator, Section Commander, and Bureau Chief. F. The Internal Records Committee shall forward the approved and completed records retention schedule, and two (2) additional copies, to the State Records Committee for State approval. G. Upon final approval by the State Records Committee, the Internal Records Committee shall retain the original approved copy and forward a duplicate to each Unit Records Representative and Section Records Coordinator. H. Once established, the Records Retention and Disposition Scheduling System must be adequately followed to insure records disposition control in accordance with current legal, operational, and research needs of the Department and of the State. An annual program review and schedule updating procedure shall accomplish this on a regular basis as established by the Internal Records Committee. I. The State Records Committee requests an annual review and updating of schedules as part of the program. Compliance shall be accomplished through Internal Records Committee procedures during the first quarter of each year. J. The reporting and scheduling of newly established record series or adjustments to established retention/disposition practices due to operational, legal, or other changes shall be conducted as they occur in accordance with the procedures set forth above. Disposal of Police Records A. Policy 1. The majority of Departmental records contain personal names and references to individuals, policies, and police activities protected by City ordinance or State law. 2. The disposal of all incident, case, investigative, and follow-up reports, and other documents containing names of individuals (as subjects, suspects, victims, witnesses, or complainants) shall be by destruction. Such documents shall not be placed in wastebaskets or City recycling containers. NOTE: The above requirement applies to all writings, copies, originals, and duplicates whether in manuscript, typescript, data processing, microfilm, computer disks, or any other form. B. Responsibilities 1. The Police Records Information Manager is responsible for the timely and proper disposal of all original criminal history record information documents including corresponding incident, case, investigative, and follow-up reports, and other documents containing names of individuals as subjects, suspects, victims, witnesses, or complainants. 2. Individual employees are responsible for the proper disposal of copies of the documents referenced above. 3. Each work area shall be provided with a separate container identified as the receptacle for discarding drafts, originals, duplicates, or copies of personal name-related documents. 4. Units possessing shredding equipment shall destroy their own materials and those of closely adjacent units as practicable. Page 3 of 4 Records Inventory, Retention & Disposal Page 4 of 4 Section 12.100 5. Units not possessing shredding equipment shall arrange for transfer of their segregated waste records to a designated central collection point. 6. The Fiscal, Property, and Fleet Management Section shall provide for destruction, as necessary. Seattle Police Department Policies and Procedures Title: Section 12.110 Chapter: 12 - Department Information Systems 110 – Use of Department E-mail & Internet Systems POLICY The Seattle Police Department provides e-mail service and Internet access for the purpose of conducting Department business. Occasional personal use is permissible if it is consistent with the Seattle Police Department’s policies and procedures and the usage standards set by the City of Seattle. PURPOSE It is the purpose of this policy to provide employees with guidance on the proper use of Department owned personal computers for the purposes of disseminating electronic mail and utilizing services on the Internet. I. II. Guidelines A. There is no expectation of privacy in the use of Department e-mail or Internet services on Department owned computers. All use of Department computers, whether official or personal, is subject to public disclosure laws and can be discoverable in a lawsuit. B. The Seattle Police Department owns the computers, e-mail, and Internet access systems. As such, the Department may monitor and review e-mail/Internet use for compliance with this Section. The employer retains the right to determine what is and is not appropriate for the workplace. C. All communications written via the Internet shall be professional, appropriate, and lawful. Personal opinions or preliminary observations should clearly be identified as such. D. All e-mail communications and Internet use must comply with DP&P-Standards & Duties and Harassment in the Workplace. E-Mail A. All general distribution messages (e.g. SPDALL) shall be approved by a Lieutenant or above. The general distribution message shall also include the name of the approving Lieutenant and date of approval. B. E-mail is a primary source for computer virus attacks. Employees should not open e-mail attachments from an unknown source. Employees should contact ITS if they have questions about an attachment. C. E-mail is not a secure system and should not be utilized for communicating sensitive information. D. Department supervisors and managers are responsible for ensuring that their staff is familiar with and adhere to the Department’s e-mail policy. E. Department e-mail shall not be used to announce Guild/Union membership meetings or be used for other Guild/Union business. F. Employees shall not use their city e-mail address to subscribe to news groups or to post on electronic bulletin boards. Effective Date: 8/16/05 Page 1 of 3 Section 12.110 Use of Department E-mail III. Internet Use A. Access to the Internet is provided to Department employees for the purpose of conducting official Department business. Primary criterion in the matters of use and misuse of the Internet will be that of reasonableness. While there are specific unauthorized uses of the Internet, the Department also allows limited personal use of the Internet, a concept that recognizes the reality of the workplace. The following guidelines are not meant to be exclusive, but rather are intended to provide a general framework of prohibited and acceptable Internet use: 1. Employee use of the Internet cannot disrupt or interfere with the work of other network users, or adversely affect the operation of the Internet, the City’s or the Department’s internal networks, or misrepresent the interest of the City or Department. 2. Employee use of the Internet shall not be for illegal purposes. All use of the Internet on Department computers must be in compliance with all applicable laws and policies. This includes policies on privacy issues, any release of confidential, sensitive, or classified information, or information exempt from public disclosure, as well as copyright or licensing regulations. a. 3. Employees shall not use the Department computer to conduct a personal for-profit business, although limited commercial transactions are permitted. (For example, purchase of a book through the Internet is acceptable, but conducting a consultant business while at work is not.) 4. Employees shall not use Department computers to review personal investments or to transact any type of investment business (for example, trading in stocks, bonds, or mutual funds). a. Page 2 of 3 Employees shall not copy, retrieve, modify or forward any copyrighted material, except as permitted by the copyright owner. A single copy of the material may be made for reference use only. Employees are allowed infrequent, brief checks of the progress of an employee’s investments in the City’s Deferred Compensation Program, as this is a Citysponsored and City-maintained program. 5. Employees shall not use the Department computer to participate in any campaign for elected office or for any other political activity. This includes a prohibition on making any campaign contributions via a credit card and using the Department computer to do so. Similarly, employees may not "lobby" elected officials through use of the Department’s computer. 6. Employees shall not use the Department computers to engage in demeaning or defamatory conduct with respect to other employees or citizens. Examples of such prohibited activities include knowingly accessing pornographic materials or sites that promote exclusivity, hatred, or positions which are contrary to the City’s policy of valuing cultural diversity. 7. Employees shall not knowingly access or communicate any material of an obscene, harassing, discriminatory or derogatory nature. Examples of such include sites or e-mail containing racial or sexual slurs or jokes, or containing harassing, intimidating, abusive, or offensive material to or about others. 8. Employees shall not access sites that incur a cost to the Department, unless prior approval is granted by a supervisor. 9. Employees shall not install software on Department computers without prior approval by the Information Technology system manager (See DP&P - Computer Software). Section 12.110 Use of Department E-mail IV. 10. Employees shall not enter chat rooms using Department computers unless it is done as a function of a specific assignment. Specific investigations utilizing Department computers in this manner must receive prior approval from the Section Commander. 11. Games are expressly prohibited from Department computers. Limited Sensitive Sites Use A. The Department recognizes that certain Seattle Police Department employees may have a legitimate business purpose for accessing Internet sites/information that would otherwise be considered inappropriate or illegal (e.g., Vice Section detectives or Intelligence Unit detectives). In the event that employees need to access such "sensitive sites", the following guidelines shall be followed: 1. Employees shall obtain approval from an immediate supervisor before accessing "sensitive sites." 2. Employees are reminded that items appearing on a computer screen may be visible to other individuals. Employees accessing such "sensitive sites" should exercise appropriate courtesy and care when doing so (e.g., close the door, turn the screen away, notify other employees). 3. Whenever accessing any site, sensitive or otherwise, employees are reminded that the sites are able to monitor and identify who is accessing them. In short, any site you access will know you are doing so from a City of Seattle computer. 4. If an employee accidentally accesses a website that contains pornographic, sexually explicit, inappropriate or illegal materials, they must immediately leave the site and notify a supervisor. The supervisor shall record information regarding the inadvertent access on a log. This log must be retained at the unit level for current year plus one. 5. Employees are reminded that all uses of Department-owned computers are subject to the provisions of SMC 14.12, the Investigation Ordinance, and should adhere to the following guidelines to avoid a violation of the ordinance: 6. Storage of "restricted information" (as defined in the ordinance) on disks or computer/network drives must comply with the ordinance. a. Do not create directories or subdirectories which organize/index "restricted information." b. Do not transmit "restricted information" including World Wide Web addresses (URLs) to specific sites, via e-mail. c. Do not create bookmarks or hotlists in your World Wide Web browsers which organize/index "restricted information." Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 12.120 Chapter: 12 - Administration 120 – Telephone and Facsimile Machine Use POLICY The City's Code of Ethics prohibits the use of City property for personal benefit and anything other than minimal personal use. Therefore, employees should be aware of the Department's policy on the use of telephones and facsimile machine use. Long distance and cellular telephone calls shall be made in compliance with the procedures indicated below. I. Telephone Etiquette A. Answering the telephone. 1. Telephone calls should be answered as soon as possible. a. In the case of multiple calls, answer the call(s) and ask the caller(s) to wait on hold while handling other calls. 2. The proper salutation when answering the telephone will include: a. The Section or Unit of the assigned telephone number, b. The name of the person answering the telephone, and c. An offer of assistance. II. Desk Telephones A. Acquisition 1. B. C. Desk phones will be provided as necessary by the Department. If an additional phone or phone line is needed, requests should be submitted to the Department’s Telephone Coordinator. Approval of the Section Commander (defined as a Captain or civilian equivalent) is required. Local Calls 1. Desk telephones provided by the Department are for official City business communications. 2. Personal calls on City telephones should be kept to a minimum. Long Distance Calls 1. From City Telephones a. Employees needing to make long distance business calls from City telephones will be provided with a “SHAR Account Code.” If such an account is needed, requests should be submitted to the Fiscal Management Unit. Approval of the requesting employee’s Section Commander is required. b. The City will not pay for any personal long distance telephone calls. All personal long distance calls shall be the responsibility of the employee making the call. Personal long distance calls made from City telephones should be charged to the employee’s personal credit card, their home account, or billed collect to the party called. If no other option is available and the employee must use the City’s long distance service, the employee shall: (1) Verify the exact cost of the call on the next bill, and (2) Reimburse the City for all charges incurred. Effective Date: Page 1 of 4 Telephone and Facsimile Machine Use c. 2. Section 12.120 Supervisors shall monitor long distance calling records. Excessive personal calls will result in the loss of long distance phone privileges. From Non-City Telephones a. Employees regularly needing to make long distance business calls from non-City telephones will be provided with a “Frontier” phone travel card. If such a card is needed, requests should be submitted to the Fiscal Management Unit. Approval of the employee’s Section Commander is required. b. Frontier phone travel cards shall not be used for personal calls except in an emergency. If an employee does use a Frontier card for a personal call, the employee shall: (1) Verify the exact cost of the call on the next bill, and (2) Reimburse the City for all charges incurred. c. Employees needing to make long distance business calls from non-City phones who do not have Frontier travel cards should maintain a record of the calls made and request reimbursement through the normal expense voucher process. D. International Calls 1. Employees needing to make international business calls from City telephones will be provided with appropriate access. If access is needed, requests should be submitted to the Fiscal Management Unit. Approval of the employee’s Section Commander is required. 2. No personal international calls shall be made on City accounts. III. Cellular Phones A. Acquisition B. 1. Cellular telephones will be provided to appropriate staff by the Department. If an additional cellular telephone is needed, requests should be submitted to the Finance, Strategic Policy, and Planning Section as part of the normal budgetary process. Approval of the employee’s Bureau Chief is required. Once approval is obtained, the cellular phones will be ordered and issued by the Communications Section. 2. If use of a seized, confiscated, or unclaimed cellular phone is desired, an employee must: a. Initiate property conversion procedures, b. Obtain approval from the requesting employee’s Bureau Chief, c. Request cellular service through the Finance, Strategic Policy, and Planning Section as part of the normal budgetary process, and d. Once approval is obtained and the phone has been released from evidence, the user must arrange for activation with the Communications Section. Local Calls 1. Cellular telephones are significantly more expensive than other methods of communication and should not be used if a more cost effective alternative is available. The number of cellular phone calls should be kept to a minimum. Calls should be brief as charges occur by the minute. 2. The City will not pay for any personal cellular telephone calls. All personal cellular calls shall be the responsibility of the employee making the call. If no other option is available and the employee must use the City’s cellular telephone service, the employee shall: Page 2 of 4 a. Verify the exact cost of the call on the next bill, and b. Reimburse the City for all charges incurred. Telephone and Facsimile Machine Use 3. C. Section 12.120 Supervisors will monitor cellular phone usage. Excessive personal calls will result in the loss of cellular phone use. Long Distance Calls 1. Long distance calls shall not be made on cellular telephones except for an occasional business call that cannot reasonably be made through another option. 2. Personal long distance calls shall not be made on cellular telephones except in the case of an emergency. All personal long distance cellular calls shall be the responsibility of the employee making the call. If no other option is available and the employee must use the City’s cellular telephone service, the employee shall: a. Verify the exact cost of the call on the next bill, and b. Reimburse the City for all charges incurred. D. Personal Phones 1. Given the large number of personal cellular phone lines contracted for SPD employees (over 1,400 through the SPOG program alone), SPD will not generally reimburse employees for use of their personal cellular phones for business purposes. Any extenuating circumstances will be considered on an individual basis through the employee’s chain of command. Individuals making extensive use of personal cellular phones for business purposes should request a Department-owned phone. IV. Facsimile Machine Use A. Acquisition 1. B. Official City Business 1. C. Facsimile (fax) machines will be provided by the Department as necessary. Fax machines provided by the Department are for official City business communications. Personal Business 1. Personal faxes should be kept to a minimum. 2. Employees receiving personal faxes on City facsimile machines shall reimburse the City 0.35¢ for the first page received, and .15¢ for each additional page. a. Payment will be made to the Fiscal Management Unit. 3. There will be no charge for local fax transmission. 4. Long distance fax machine transmissions will conform with long distance telephone call policies. V. Records Processing A. Fiscal, Property and Fleet Management Section 1. B. Section Commanders 1. C. Each month, the Fiscal Management Unit shall provide Section Commanders with copies of the City of Seattle Telephone Management System Detail Reports. The Detail Reports list all long distance and cellular telephone calls made by individuals under their command. Section Commanders are responsible for distributing the Detail Report(s) to the appropriate individuals. Employees 1. Each employee receiving a Telephone System Management Detail Report shall verify the authenticity of each call listed. All telephone calls of a personal nature must be identified and the City appropriately reimbursed. Page 3 of 4 Telephone and Facsimile Machine Use Section 12.120 a. After verifying each call, write on the Detail Report that “all calls are business related” or identify the personal calls and write the amount you are reimbursing the City. b. Sign your name, print your serial number and current date on the Detail Report. c. Forward the verified Detail Report (with reimbursement if appropriate) to your Section Commander for further processing. VI. Reimbursement A. Employees 1. B. Employees are responsible for repaying the City for all personal telephone charges. Repayment should be made in cash or by check that is made payable to the “City of Seattle.” Section Commanders 1. Are responsible for processing all Detail Reports and any remitted funds. a. C. The funds remitted by employees shall be logged on the Funds Remitted for Personal Telephone Charges (form 1.4). The Funds Remitted for Personal Telephone Charges form, the moneys collected, and all Telephone Management System Detail Reports must then be packaged together and submitted within fourteen (14) days to the Fiscal, Property and Fleet Management Section. Fiscal, Property and Fleet Management Section 1. Page 4 of 4 The Fiscal Management Unit will monitor long distance and cellular bills for reasonable usage levels. Bills that reflect high usage levels will be forwarded to the individual, their immediate supervisor, and the Section Commander for review. Supervisors must complete the review sheet and return it to the Fiscal, Property and Fleet Management Section within fourteen (14) days of the time the reports are received. Seattle Police Department Policies and Procedures Title: Section 13.010 Chapter: 13 - Vehicle Operations 010 - Collisions Involving City Vehicles REFERENCES CALEA standards 61.2.2, 83.2.2. RCW 46.52.030, RCW 46.52.070 I. Definitions/Collision Classifications A. Collision: That occurrence in a sequence of events which usually produces unintended injury, death, or property damage. NOTE: If the event produces intended injury, death, or property damage, it is not a collision. The event must be investigated and reported as an incident (i.e. Malicious Mischief, Assault with a Deadly Weapon, Reckless Endangerment, etc.). B. Reportable: A collision which State law requires to be reported to the Washington State Patrol. C. Non-reportable: A collision which State law does not require to be reported to the Washington State Patrol. 1. A collision resulting in damage to a police vehicle occurring on City of Seattle property where no private property was involved, shall be considered non-reportable regardless of the dollar amount of damage. Examples: a. II. A police vehicle backs into another police vehicle at the South Precinct, etc. D. Department vehicle collision: A collision involving only Department vehicles, or a Department vehicle and City property. E. City vehicle collision: A collision involving vehicles belonging to another City department, or a vehicle belonging to another City department and City property. F. Traffic Incident: Physical contact between a City vehicle and the property of another which does not result in any apparent damage or injury. G. Department vehicle: Any marked or unmarked Department vehicle that is owned, leased, rented, seized, donated or acquired through a collaborative program. Department Vehicle Collision and Traffic Incident Investigations A. All Department vehicle collisions and traffic incidents, herein defined, shall be investigated regardless of injury, death, or degree of resulting damage. 1. In addition to a Traffic or Patrol supervisor, an on-duty Lieutenant or Acting Lieutenant shall respond to the scene of all Department vehicle collisions and traffic incidents in order to review the circumstances, regardless of the degree of damage or injury. 2. In the event that an on-duty Lieutenant or Acting Lieutenant is not available, the Duty Commander shall be notified in order to review the circumstances of the collision, and if necessary, will respond to the scene. 3. The Investigating Officer’s report and the Supervisor’s report shall include the name of the Lieutenant or Acting Lieutenant who responded to the scene, or that the Duty Commander was notified. Effective Date: 11/9/07 Page 1 of 4 Section 13.010 Collisions Involving City Vehicles B. 4 The collision shall be investigated by a Traffic or Patrol Unit, and the Traffic Collision Investigation Squad (TCIS), if applicable. 5. Under no circumstances shall the employee(s) involved in the collision investigate the collision. Involved Employee Responsibilities 1. Check for injuries and render first aid. 2. Notify your supervisor immediately. If your supervisor is not able to respond, request another supervisor respond to the scene. 3. Remain at the scene until relieved by an on-scene supervisor. 4. Complete an Officer Statement (form 9.27) and a diagram. 5. Complete a State of Washington Motor Vehicle Collision Report. a. C. Keep all copies of the State of Washington Motor Vehicle Collision Report together and forward via your chain of command. Investigating Traffic or Patrol Unit Responsibilities 1. For reportable collisions, complete a standard State of Washington Police Traffic Collision Report, along with a diagram of the scene on a Sketch Sheet (form 5.7.1). 2. Non-reportable Department vehicle collisions will be handled by a police supervisor utilizing the Supervisor’s Investigation of Vehicle Collision (form 2.24). a. Only if the collision involves a police vehicle or other City property and nothing else. NOTE: A State of Washington Police Traffic Collision Report is not required as part of the investigation process. It is required, however, that the involved employee completes a State of Washington Motor Vehicle Collision Report. 3. Traffic incidents shall be investigated and will be handled by the investigating officer utilizing a General Offense Report with “Traffic” listed in the Offenses block. a. D. Investigating Supervisor’s Responsibilities 1. Supervisors shall respond to all Department vehicle collisions and traffic incidents. Response to City vehicle collisions is required only if the collision is reportable. 2. Upon arrival, ensure that any injured persons have been cared for. 3. Determine if the Traffic Collision Investigation Squad (TCIS) should be called. 4. a. The Traffic Collision Investigation Squad shall be called for collisions involving City equipment whenever any person injured in the collision is admitted to a hospital, or if extensive property damage has occurred. b. In all other situations, the responding supervisor has the discretion to request a response by TCIS. When the Traffic Collision Investigation Squad does not respond, ensure that: a. Page 2 of 4 Under no circumstances shall the employee(s) involved in the traffic incident investigate the incident. The collision scene is photographed with a minimum of four photos to include: (1) The Police/City vehicle, (2) The other vehicle(s) or property involved, and Section 13.010 Collisions Involving City Vehicles (3) Two different views of the scene, NOTE: Film shall be processed immediately. Have the photo lab forward prints directly to the Safety Officer in the Personnel Section. Do not use a Polaroid camera to photograph the collision. 5. III. b. The area of impact and skid marks are measured, and c. A Sketch Sheet (form 5.7.1) of the collision scene is completed. Department Vehicle Collisions a. Examine the damage and obtain an Officer Statement (form 9.27) from the involved officer. The officer must include a diagram of the collision scene in conjunction with their statement. b. Complete the top half of the Supervisor’s Investigation of Vehicle Collision (form 2.24). This report shall include the involved employee’s driver’s license information (or City permit number) and a complete description of the circumstances surrounding the collision. c. Ensure that a State of Washington Motor Vehicle Collision Report is completed, and if applicable, a State of Washington Police Traffic Collision Report. d. Forward original State of Washington Police Traffic Collision Report to Records. Forward a copy of the State of Washington Police Traffic Collision Report and originals of all other paperwork to employee’s supervisor. City Vehicle Collision Investigations A. Officers shall investigate City vehicle collisions in the same manner as any other traffic collision. 1. Exception a. Non-reportable City vehicle collisions may either be investigated as a reportable collision or be handled internally by the involved City employee’s supervisor. (1) IV. In order for the collision to be handled internally: (a) The supervisor must respond to the scene of the collision, and (b) The involved employee must have a valid drivers license. b. If a traffic crime was committed, the collision will be investigated as a reportable collision. c. If the non-reportable City vehicle collision is investigated by the involved employee’s supervisor, no further action is required. The primary officer will document on their Patrol Unit Log Sheet (form 7.19) or daily activity report: (1) The name, date of birth, and Department of the involved City employee, (2) The make, model, VIN, unit number, and license number of the vehicle involved, and (3) The name, unit, and telephone number of the supervisor that responded to the scene and assumed responsibility of the investigation. Involved Employee’s Chain of Command A. Supervisor’s Responsibilities 1. The individual’s supervisor shall receive a copy of the Supervisor’s Investigation of Vehicle Collision (form 2.24), Officer(s) Statements (form 9.27), State of Washington Motor Page 3 of 4 Section 13.010 Collisions Involving City Vehicles Vehicle Collision Report (all copies), and for reportable collisions, a copy of the State of Washington Police Traffic Collision Report. 2. The supervisor shall then complete the bottom portion of the Supervisor’s Investigation of Vehicle Collision, and make recommendations concerning whether the collision: a. Was preventable or non-preventable, and b. Should be excluded from the employee’s driving record. NOTE: See subsection VI of this manual section for more information. B. 3. All recommendations shall be supported in writing. 4. Forward all completed paperwork to the involved individual’s lieutenant or civilian equivalent for review. Lieutenant or Civilian Manager Responsibilities 1. C. b. Should be excluded from the employee’s driving record. 3. Forward all completed paperwork to the involved individual’s Section/Precinct Commander or civilian equivalent. Section/Precinct Commander Responsibilities Shall review the reports and make recommendations concerning whether the collision: a. Was preventable or non-preventable, and b. Should be excluded from the employee’s driving record. 2. All recommendations shall be supported in writing. 3. All completed paperwork shall be forwarded to the Bureau Commander of the involved employee. Bureau Commander The Bureau Commander has the option of commenting or making recommendations regarding the collision. All completed paperwork shall be forwarded by the Bureau Commander to the Department Safety Officer. Safety Officer A. VI. Was preventable or non-preventable, and All recommendations shall be supported in writing. 1. V. a. 2. 1. D. Shall review the reports and make recommendations concerning whether the collision: Shall initiate a review of the collision by the Collision Review Board. Collisions Excluded from an Employee’s Driving Record A. RCW 46.52.130 provides that the abstracts provided to insurance companies shall exclude any information (except information related to the commission of misdemeanors and felonies by the individual) pertaining to law enforcement officers while driving official vehicles in the performance of occupational duty. VII. Driver Training Collisions A. Page 4 of 4 Collisions occurring during authorized driver training are exempt from the provisions of this manual section. (DP&P - Driver Training Collisions - for guidelines.) Seattle Police Department Policies and Procedures Title: Section 13.020 Chapter: 13 - Vehicle Operations 020 – Driver Training Collisions PURPOSE Seattle Police Department driver training is designed to simulate conditions an officer might face on the job. Whether it is the emergency vehicle operation course (EVOC), motorcycle or parking enforcement vehicle training, etc., the courses are meant to force an officer into situations that may exceed their skills in order to teach collision avoidance and vehicle control. I. II. Collision Reporting A. Collisions occurring during Department authorized training are exempt from the normal accident reporting procedures. B. The reporting exemption is only valid on closed, non-public courses. The collision must have happened during instruction. State law requires that collisions occurring on a public street be reported. C. All collisions occurring during training shall be reported as outlined in subsection II. for internal damage audits and training evaluation purposes. D. The Chief of Police does have the discretion of ordering a collision investigation and report for driver training collisions. E. Collisions during authorized training are also exempted from Department sanctions if they happen during instruction and are not the result of misconduct or gross negligence. Collision Investigation A. The training supervisor present at the scene will investigate the collision and complete the Supervisor’s Investigation of Vehicle Collision (form 2.24), and a State of Washington Motor Vehicle Collision Report. B. The Training Section staff will review the collision for evaluating training needs and the training curriculum. The involved officer’s chain of command will also review the collision. C. Reports of the collision will be forwarded to and retained by the Inspections and Procedures Unit. D. Any needed vehicle repairs will be reported to the Fleet Control Unit. Fleet Control will then get a copy of the collision reports from the Training Section. E. Driver training collisions will be reviewed by the Department Safety Officer and forwarded to the Collision Review Board when appropriate. Effective Date: 3/21/02 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 13.030 Chapter: 13 - Vehicle Operations 030 - Emergency Vehicle Operations REFERENCES CALEA standards, 41.2.1, 61.3.3. PHILOSOPHY The response to a call for service will depend on the nature of the call. Criminal apprehension and the preservation of property are secondary to the preservation of life, which is the highest priority. In order to determine the appropriate type of response, officers must balance the priority of the report or request for service with the elevated risks that may accompany an emergency response. DEFINITION For the purposes of this section, an emergency response exists when a patrol car is driven to an incident in a manner that is substantially outside of a normal traffic pattern. Some examples of this may include: driving for extended periods in a left turn lane, driving significantly above the speed limit, and clearing and proceeding through major intersections against existing traffic control devices. The mere act of clearing and proceeding through smaller intersections does not, by itself, constitute an emergency response. POLICY Emergency responses are permitted only when the need for a rapid response outweighs the elevated risks created by that response. Some examples of this would be fast backup/help the officer calls, serious injury accidents, and violent, in-progress crimes. Misdemeanor or property crimes do not justify an emergency response. Only those vehicles equipped with emergency equipment (lights and siren) are authorized for emergency response operations. I. Procedures A. When responding to emergencies, officers must evaluate the overall driving situation. This will include the time of day, weather, road condition, traffic and location. Officers should drive no faster than reasonably necessary to safely arrive at the scene. B. Officers must utilize the emergency lights and audible siren during the response in order for the statutory exemption in RCW 46.37 to apply. C. During an emergency response, officers may disregard portions of the traffic code. However, officers are at all times responsible for the safe operation of their police vehicle. D. In order to coordinate a multiple unit response, the zone dispatcher is responsible for determining and broadcasting the initial location of each unit engaging in an emergency response. E. Officers shall not “escort” private vehicles in an emergency response. Effective Date: 8/13/03 Page 1 of 1 Seattle Police Department Section Policies and Procedures Title: 13.040 Chapter: 13 - Vehicle Operations 040 – Patrol Ops-Equipment, Police Vehicles & Facilities I. Equipment A. Extra Equipment 1. Precinct and Section Commanders will adopt procedures for the storage and dispensing of equipment in their precinct or section. II. Police Vehicles A. Use 1. Use the vehicle assigned to the patrol district or detail. a. 2. If the assigned vehicle is not available, use a spare vehicle. Do not use vehicles assigned to another precinct or section. EXCEPTION: Vehicles from another precinct may be used with permission of the appropriate Watch Commander. 3. 4. Maintain the vehicle during use. a. Keep vehicle clean. b. Ensure vehicle equipment is in working order. Replace equipment used. a. If replacements are unavailable, forward a memorandum to the Equipment and Facilities Coordinator (Stationmaster). (1) Indicate the vehicle number. (2) Indicate the equipment to be replaced. 5. Refuel the vehicle after use. a. B. Do not leave the next officer with less than a half-full tank of gas. Identification 1. Precinct patrol vehicles have the following stickers for identification purposes a. The stickers' colors denote the vehicle assignment. The stickers are located (1) on the upper middle front windshield; and (2) on the lower middle rear window. (3) The Precinct assignment color codes are as follows: (a) West Pct.-----Red (b) North Pct.----White (c) South Pct.----Yellow (d) East Pct.-----Green Effective Date: 12/5/07 Page 1 of 4 Patrol Ops-Equipment, Police Vehicles & Facilities Section 13.040 (e) Southwest Pct.------Blue b. The stickers' shape is also important. (1) Square sticker indicates a district vehicle C. Pre-Shift Inspection 1. 2. Inspect the vehicle for damage. a. Report new and/or unreported damage to a supervisor. b. Note the damage on Vehicle Damage Form (form 1.35) and forward to the Stationmaster. Check for serviceability. a. Look for faulty and/or inoperative equipment. b. Give special attention to (1) Brakes (2) Tires (3) Lights (4) Emergency equipment (overhead light-bar, siren) c. 3. Repair faulty equipment immediately, or report it to the Stationmaster. Verify the vehicle contains all proper equipment. a. Patrol vehicles will contain (1) Fully charged fire extinguisher. (2) First-aid kit. (3) Evidence kit. (4) Blankets. (5) Road flares. (6) Bio-Hazard Kit. (7) Tire Chains (8) Crime Scene Tape (9) WMD Kit (10) Stop sticks (11) Bolt cutters & Crowbar (12) AED b. In addition to the above items, Sergeant's vehicles will contain the following equipment. (1) Evidence packing materials. (2) Crime tape. 4. It is the officer’s responsibility to check the patrol car trunk at the end of their shift. unauthorized items must be removed. D. Maintenance 1. Minor maintenance. a. Page 2 of 4 Take the vehicle to the appropriate maintenance shop. All Patrol Ops-Equipment, Police Vehicles & Facilities 2. E. Section 13.040 Major or unknown maintenance. a. Complete a City of Seattle Defective Equipment Report if vehicle is left at the shop. b. Address complaints about the quality of service to the Stationmaster. Parking 1. Park in the appropriate parking stall or designated area. 2. Keep parking lot entrances and exits clear. 3. Clear prisoner load zones and sally ports as soon as possible. III. Facilities A. Do not tape or tack anything to 1. Windows 2. Doors 3. Tables 4. Lockers' exterior EXCEPTION: Permission from the Precinct or Section Commander. a. Do not write on lockers. b. Store all gear and equipment inside lockers. c. Do not leave items on top or around lockers. 5. Do not store items around the precinct. 6. Officers may padlock lockers. 7. If the locker has to be entered due to exigent circumstances, the lock may be cut. NOTE: The Department will not reimburse officers for cut or damaged locks. IV. Disposal of Police Records A. Place the following in shredding baskets: Do not leave them in wastebaskets 1. All police reports. 2. Roll call sheets. 3. Crime analysis information. 4. Other police paperwork of a restricted nature. V Mobile Precinct A. Mobile precincts are vehicles equipped with work stations, galley, and toilet. The mobile precinct will be used for mobile command purposes, and to supplement field activities. B. The communication van is a vehicle equipped as a mobile precinct, but includes additional communications equipment to serve as a command center during a major event requiring police involvement. C. The mobile precinct and the communication van will be used as follows: 1. One mobile precinct assigned to West Seattle as specified by the Seattle City Council. 2. The communication van assigned to the West Precinct for use as a mobile precinct: Page 3 of 4 Patrol Ops-Equipment, Police Vehicles & Facilities 3. Section 13.040 a. Any use of this vehicle outside of the West Precinct must be approved by the director of the Communications Section. b. The Communications Section needs immediate access to the communications van in the event of a major event requiring a command center. The third mobile precinct will be used in the North and East Precincts, and the Rainier Valley portion of the South Precinct a. Operations Bureau Commander will determine each precinct’s need and priorities for assignments. b. It will be shared throughout the city. 4. The Precinct Commander will ensure that the mobile precincts, or the communication vans are deployed on a regular basis to augment patrol in the precincts. 5. The mobile precinct shall be maintained by DAS; routine maintenance scheduling is the responsibility of the Equipment and Facilities Coordinator. 6. Only those officers who have been trained in the operation of the mobile precinct are authorized for its operation. Watch Commanders are required to maintain a current list of authorized officers. 7. Mobile precincts shall be stocked with commonly used reports and equipment (flares, crime scene tape, etc), similar to that which is maintained at each precinct. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 13.050 Chapter: 13 - Vehicle Operations 050 – Policing by Mountain Bike REFERENCES CALEA standards, 41.1.3, 61.3.3. POLICY The Department will utilize bicycle patrols throughout the city and ensure that all officers assigned to mountain bike units are trained in proper bicycle operation, bicycle maintenance, and the special tactical considerations unique to policing by bike. I. II. III. Training and Qualifications A. An officer will be qualified to ride a mountain bike while on patrol after they have successfully completed the Department mountain bike training class. B. Unit commanders will ensure that officers assigned to a bicycle unit keep their skills current with on-going in-service training, and may designate training days to work on specific skills. C. A list of officers who are qualified and trained to ride a police mountain bike will be maintained by the Training Section. Objectives of Operation A. Bicycle patrols can be applied in many police functions. Bicycle patrols can work in high crime areas, city parks, assist undercover operations in a surveillance or arrest team capacity, work crowd control, provide parade or demonstration escorts, respond to unusual occurrences, work at special events, and in any area that is not accessible to other vehicles. The unit commander and the officers assigned to the unit will determine when the use of the bicycle patrol is appropriate and safe. B. Due to the ability of an officer on a mountain bike to move quickly and efficiently though various urban terrains, the police bike makes an effective pro-active tool. The bicycle officer can also be highly visible and more approachable to the public, promoting community policing. C. The bicycle patrol will operate year round. It is at the discretion of the unit commander and officers to determine if weather conditions make it unsafe or impractical for bicycle operation. D. The unit commander and the officers assigned to the bicycle unit will determine the limitations of policing by bicycle, and may develop a unit manual to address specific operational procedures. E. Bike officers will usually not be dispatched to calls, but will respond to calls in their district when they are available and it is practical to respond. Health and Fitness A. Riding a mountain bike while on patrol is physically demanding. Officers should consider their general health and physical fitness prior to an assignment in a mountain bike unit. Officers are encouraged to get a medical check up prior to starting an assignment in a mountain bike unit. Once assigned to a mountain bike unit, the officer should maintain the physical fitness level required for the safe and effective performance of their job. Effective Date: 4/10/02 Page 1 of 2 Policing by Mountain Bike B. IV. Officers will practice the injury prevention techniques taught in the Department mountain bike training class. Through training and safe bicycling practices, the Department will make every effort to minimize injuries related to cycling. Maintenance A. V. Section 13.050 Officers will perform the basic maintenance and safety checks on their bicycles, as taught in the mountain bike training class. Officers may perform more advanced maintenance and repair on their bicycles based on individual training and experience. Maintenance and repairs that are beyond the officer’s training or ability will be conducted by a Department approved bicycle shop. Equipment A. Each bicycle officer will be equipped with department approved cycling clothing and gear, to include: 1. Cycling helmet, gloves, shoes, and shorts 2. Safety Glasses 3. Raingear 4. Regular duty gear required for uniformed patrol 5. Whistle B. The bicycles used by the Department will be compliant with SMC 11.44.160, Lamps and reflectors on bicycles. C. Police bicycles will be equipped based on the generally accepted standard for police bicycles. Additional equipment may be added to the bicycle as approved by the unit commander. D. Bicycles will be transported in a carrier designed for this purpose or in such a manner as not to damage the bicycle or the vehicle transporting the bicycle. E. Any damage to a bicycle will be reported to the unit commander. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 13.060 Chapter: 13 – Vehicle Operations 060 – Specialty Vehicles & Equipment REFERENCES CALEA STANDARDS 41.1.3, 41.1.4. POLICY The Seattle Police Department will utilize special vehicles and equipment as needed throughout the city and will ensure that all personnel assigned to operate these specialized vehicles and equipment are trained in their proper operation, maintenance, and the special tactical considerations unique to each individual vehicle or piece of equipment. This equipment includes, but is not limited to: animals used by canine and mounted patrols, bomb van, mobile precincts, motorcycles, prisoner transport van, SWAT vehicles and water craft. It is a requirement that each affected unit have this information written into their unit policy. I. II. Training and Qualifications A. An officer will be qualified to operate special vehicles or equipment while on assignment, after they have successfully completed the Department approved training for the operation of that specific vehicle or equipment. B. Unit commanders will ensure that officers assigned to operate special vehicles or equipment keep their skills current with on-going in-service training, and may designate training days to work on specific skills. C. A list of officers who are qualified and trained to operate special vehicles and equipment will be maintained by the unit to which the vehicle or equipment is assigned. Objectives of Operation A. Special vehicles and equipment can be applied in many police functions. Special vehicles and equipment can be deployed in any area that requires special vehicles or equipment. The unit commander and the supervisors assigned to the unit will determine when the use of the special vehicle or equipment is appropriate and safe. B. Due to their unique functions and in some cases unique appearance or function, they can be deployed at community events as static demonstrations with an operator on scene to answer the publics questions about their function and deployment. C. The use of special vehicles and equipment will operate year round. It is at the discretion of the unit commander and supervisors to determine if weather conditions make it unsafe or impractical for operation. D. The unit commander and the supervisors assigned to the unit will determine the limitations of the use of the special vehicles and equipment, and may develop a unit manual to address specific operational procedures. E. Officers operating special vehicles and equipment will usually not be dispatched to calls, but will respond to calls when they are available and it is practical to do so. Effective Date: 8/19/03 Page 1 of 2 Specialty Vehicles & Equipment III. Maintenance A. IV. Section 13.060 Officers will perform basic maintenance and safety checks on their vehicle or equipment, as taught during training. Maintenance and repairs that are beyond the officer’s training or ability will be conducted by authorized personnel. Equipment A. Each officer will be equipped with Department approved specialized uniform and gear that is required for the operation of a special vehicles or equipment. B. Specialty vehicles and equipment will be equipped based on the generally accepted standard for their intended use as pertains to police applications. Additional equipment may be added as approved by the unit commander. Equipment should be checked regularly. Unit commanders will document their inventory control measures for any specialized equipment items. C. Any damage to the specialty vehicle or equipment will be reported to the unit commander. Page 2 of 2 Seattle Police Department Policies and Procedures Title: II. 13.080 Chapter: 13 - Vehicle Operations I. Section 080 - Use of Department Vehicles Rules of Operation A. Employees are prohibited from taking a City vehicle outside the corporate limits of the City of Seattle, except as required by their duty or as authorized by a supervisor. B. Employees shall not permit unauthorized persons to ride in police vehicles. C. Certain employees are assigned a “take home car” due to specific rank or command responsibilities. The use of these cars shall be in accordance with guidelines established and disseminated by the Chief of Police. D. No Unit, Section or Bureau may take control of, use, or loan any vehicle without the written approval of the Deputy Chief of Administration. Motor Pool Procedures A. B. C. D. E. Requests 1. Police Department pool vehicles shall be issued only upon the completion of a Vehicle Requisition (form 1.35.5) approved and signed by a supervisor. The authorizing signature of a supervisor shall not be stamped or duplicated in any way. 2. Supervisors shall screen all requests and limit approval to those instances where vehicles are necessary to the performance of an assigned function. 3. Vehicles shall not be checked out prior to the time needed. Check Out Procedures 1. From 0700 hours to 1530 hours weekdays, pool vehicles shall be signed out and in at the Fleet Control Office located on the seventh floor of SeaPark. 2. From 1530 hours to 0700 hours on weekdays, and all day Saturdays, Sundays, and holidays, pool vehicles shall be signed out and in per Section policy. Return Procedures 1. Vehicles returned between 0700 and 1530 hours weekdays shall be parked as directed by Fleet Control; and the keys, stall number, and mileage given to Fleet Control. 2. Vehicles returned at other times or on holidays shall be parked in the same general area as originally parked and the keys, stall number, and mileage given to Records Distribution. 3. Vehicles returned to the motor pool shall be clean and have a minimum of one-half tank of gas. Assigned Unit Vehicles 1. Vehicles assigned to specific units shall be governed by the same use restrictions as outlined in this section; however, the Vehicle Requisition form, checkout procedure and return procedure shall not apply. 2. Supervisors in units having assigned vehicles shall maintain a log, recording both vehicle usage and operating personnel information. “Spare” Patrol Vehicles Effective Date: 11/9/07 Page 1 of 2 Use of Department Vehicles III. 1. Sworn employees using a patrol car for any reason shall log that vehicle into service with Communications via either radio or VMDT. 2. Non-sworn employees shall not operate marked patrol units without the prior approval of a sergeant or above. This requirement does not apply to Equipment and Facilities Coordinators. A marked patrol vehicle operated by any civilian must have a light bar hood that clearly indicates the patrol vehicle is “Out of Service”. 3. Department vehicles are not authorized for use relative to secondary employment. Trip Vehicles A. B. Overnight Use 1. Bureau Commanders may authorize the overnight use of a Department vehicle. This authorization can only be given for temporary use (up to 30 days). Requests for extended use (more than 30 days) of a Department vehicle must be submitted through the Chain of Command and forwarded to the Deputy Chief of Administration for final approval. 2. Employees requesting the overnight use of a vehicle shall submit a Vehicle Special Assignment request (City of Seattle form) approved by their Bureau Commander. 3. When a Bureau Commander is unavailable and exigent or unusual circumstances exist, a Section/Precinct Commander may authorize overnight use of a Department vehicle, provided a Bureau Commander is notified as soon as practical. Out-of-State Use 1. IV. Section 13.080 Employees requesting the use of a vehicle for a trip out-of-state shall submit a Vehicle Special Assignment approved by their Bureau Commander to the Fleet Control Office. Reporting Damage to Department Vehicles A. All Department vehicles shall be inspected for damage prior to being driven. When damage is discovered, the following steps shall be taken: 1. Any new body damage discovered or caused by an officer shall be reported to their onduty sergeant. In the case of motor pool vehicles, this information shall be reported to the Fleet Control Office. A Defective Equipment Report (City of Seattle form) shall be completed and an entry made on the Vehicle Damage Report (form 1.35) indicating new damage. When it is unknown if the damage is new or has already been reported, report it as new, See DP&P - Collisions Involving City Vehicles. V. 2. If the vehicle is not drivable or major damage exists, standard procedures shall be followed to obtain appropriate care or repair, and 3. When unreported damage is discovered, the sergeant/supervisor notified shall check the logs to determine who the damaged vehicle was previously assigned to; and, when possible, who caused the damage or who failed to report it. The sergeant/supervisor shall submit a Memorandum of their findings through their chain of command to the commander of the section to which the vehicle is normally assigned. Parking Citations on City Vehicles A. Page 2 of 2 Employees receiving parking citations, during the normal course of official investigations, shall obtain authorization for cancellation from their supervisor. The employee shall then prepare and submit a Cancellation Request (form 1.51) through their chain of command to their Section or Precinct Commander. Employees failing to submit cancellation within 48 hours shall accept the responsibility of making personal payment of the citation. Seattle Police Department Policies and Procedures Title: Section 14.010 Chapter: 14 - Emergency Operations 010 – After-Action Reports REFERENCES CALEA standards, 46.1.10, 46.1.11. POLICY An After-Action Report will be completed whenever a significant deployment or other unusual circumstances are involved or when directed to do so by higher authority. I. General Information A. An After-Action Report provides the chain of command with a synopsis of a critical incident or major event. B. The Incident Commander shall set the date that the After-Action Report should be completed. C. The Planning/Intelligence Chief is responsible for completing the After-Action Report. If a Planning/Intelligence Chief is not available to complete the report it is the responsibility of the Incident Commander to ensure completion of the report. D. The After-Action Report will be distributed per the direction of the Incident Commander. II. Report Format and Contents A. The following items must appear in an After-Action Report. 1. 2. Situation a. The date and time, location, (including the precinct of occurrence) and the offenses. b. Include a brief description of the incident and the circumstances leading up to the event. Mission objective a. 3. A statement of task and purpose. Deployment Information a. List the sworn employees that are assigned to the Incident Command System. b. Resources deployed: i. Patrol, ii. SWAT/HNT, iii. Technical advisors in areas such as computers, iv. Crime analysis detectives, Criminal intelligence personnel. 4. Chronological summary of the incident a. Document all actions from the beginning of the incident to the stand-down procedures. List personnel in order that they were relieved. b. If an operational order was written for a planned event attach it to the After-Action Report. c. Attach relevant maps, floor plans, etc. Effective Date: 11/20/07 Page 1 of 3 After-Action Reports d. 5. Section 14.010 List outside agencies that assisted in the operation, their supervisor’s identifying information and number of personnel. Enforcement a. Document any arrests. Include the reason for the arrest and the corresponding General Offense Number. b. Reference generally whether any force was necessary to effect the mission. Details of the use of force should be documented in a Use of Force packet and routed through normal channels. 6. Noteworthy situations, events and circumstances. 7. Logistics a. The name of the person assigned to coordinate the logistics for the incident. b. Property accountability - identify equipment, vehicles, and supplies used for the event. c. Whether a relief and rotation schedule was used and how it was implemented. d. Description of food service provided to personnel. e. Method used to restock supplies. 8. Communications plan lists which forms of communications were used. Include whether a tactical frequency was used and if it was monitored. 9. Critique a. The purpose of the critique is to identify any appropriate training, equipment, or planning and to recognize those actions that proved effective. Recommendations to improve the Department’s response to future events shall also be included in the critique. b. An After-Action Report should be an objective and fact-based assessment. Speculation, vague or unproductive criticism and/or unfocused grievances, which cannot reasonably be redressed, have no place in an After-Action Report. It is important to remember that an After-Action Report may be subject to a Public Disclosure Request and is certainly subject to judicial discovery. III. Distribution A. The original After-Action Report shall be maintained at SPOC. B. A copy of the After-Action Report shall be filed with the Precinct of occurrence. IV. Seattle Police Department/Seattle Fire Department Post Incident Analysis A. Whenever SPD and SFD personnel respond to an incident and function as a unified command or under the command of one or the other agency a Post Incident Analysis/Debrief will occur concluding the incident. 1. B. The Incident Commander should schedule a debriefing and notify all involved personnel. a. Issues should be addressed and documented during the immediate debrief and forwarded through each chain of command to the level of Shift Commander. b. It will be the responsibility of the Shift Commander or designee to coordinate any follow-up debrief or issues that need to be addressed. c. If SPD/SFD cannot resolve an issue then it will be directed to the designated department liaison for further resolution. Report Format 1. Page 2 of 3 Follow the Report Format section stated previously in this chapter. After-Action Reports 2. C. Section 14.010 Additional concerns to be addressed would be: a. Summarize how each agency received the call for service and the initial steps, taken in response to the incident. b. Notification, communication, tactical response and demobilization. Distribution 1. After a debriefing a copy of the After-Action Report will be completed and forwarded to each department’s Incident Commander. The Incident Commanders will ensure a copy of the report is forwarded to their respective Shift Commanders. a. It will be the responsibility of the shift commander or designee to coordinate the follow-up. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 14.020 Chapter: 14 - Emergency Operations 020 - Bomb Threats and Explosive Devices REFERENCES CALEA standards, 41.2.4 POLICY Personnel who are not trained to Arson/Bomb Squad standards and specifically authorized to handle explosives, shall not move, attempt to move, disarm, or attempt to disarm any explosive device. Explosive items, such as homemade bombs, military ordinance (hand grenades, shells, etc.) and commercial or military explosives are dangerous and may be easily detonated. Officers are encouraged to request that Arson/Bomb Squad respond to the scene when any doubt exists as to the need. I. Explosions A. II. Notify the Arson/Bomb Squad when an injury has occurred, damage exceeds $100.00, or there is a series of events that appear to be related. Bomb Threats A. General 1. Radios, cellular phones, and Video Mobile Data Terminals (VMDTs) should not be used within 300 feet of the scene. a. 2. 3. III. Caution: 800MHz radios transmit when being turned on or off. Also, an 800MHz transmits after re-acquiring communication links to the server. Turn off your portable and car radios prior to arriving. Communication should be by non-cellular telephone. a. If it is necessary to use a radio or cellular phone, move at least 300 feet from the scene. b. As an alternative, prior to transmitting, position yourself so that there is a building between you and the device. Find out from the person who received the call the exact words used in the threat so that the threat can be evaluated. Responsibilities A. B. Chief Dispatcher 1. Request the appropriate sector sergeant to call you on the telephone. 2. Give the sergeant all the information you have about the bomb threat. 3. Dispatch by VMDT. Remind personnel to turn off cellular phones, radios, and VMDTs prior to arrival. Sergeant 1. Inform the Chief Dispatcher how many units to send to the scene. Effective Date: 11/19/07 Page 1 of 4 Section 14.020 Bomb Threats and Explosive Devices 2. Ensure all responding units have been advised to turn off cellular phones, VMDTs, and two-way radios when within 300 feet of the scene. 3. Upon arrival on the scene: a. Establish a command center. (1) Ensure all personnel responding check-in prior to entering the premises. b. Investigate the circumstances. c. Advise owner/person in charge of the options available. The owner/person in charge is responsible for making the following decisions: d. e. (1) No action. (2) Search without evacuation. (3) Search with evacuation. Searching (1) The sergeant will confer with the owner/person in charge of the premises regarding any search, and will determine on a case-by-case basis if officers will assist in the search, and if so, how assistance can be rendered. (2) Police will advise the owner/ person in charge of safety considerations. (a) No radio or cellular phone transmissions. (b) Do not touch any suspicious items. (c) Contact police immediately if any suspicious items are located. Evacuation (1) If the owner/person in charge decides to evacuate the area, the minimum safe distance is at least 300 feet. Ensure that the evacuation is performed orderly and quickly. (2) If there was a time given for the bomb to explode, it is a good practice to evacuate the scene at least 15 minutes before the threatened explosion, sooner if possible. (3) Ensure the employer can account for all employees. (a) IV. Suggest an “employee and customer assembly point.” If A Bomb or Suspected Bomb Is Found: A. Immediately notify the Arson/Bomb Squad. NOTE: Anyone who finds a suspicious item should be detained until the Arson/Bomb Squad arrives at the scene. Do not touch any device. B. Once a suspect item is found, the area becomes a crime scene and police control prevails. C. Treat all suspicious objects as a possible bomb. D. Immediately evacuate everyone to a safe distance (at least 300 feet away). Page 2 of 4 1. If the location is a multiple floor building, evacuate the floor the bomb is on, the floor above, and the floor below. 2. Generally, if the bomb is larger than a shoebox, evacuate additional floors and consider evacuating the entire building. Bomb Threats and Explosive Devices Section 14.020 NOTE: Officers should take advantage of natural protective barriers. Unless focused, shock and pressure waves from an explosion radiate outwards in all directions, but move in straight lines. V. E. Ensure all police personnel are accounted for and are in a safe position. F. Provide Arson/Bomb Squad personnel with all available information upon their arrival. 1. If possible, make a sketch of the floor plan around the device. Include any special circumstances such as hazardous materials. 2. Attempt to locate keys for all spaces in the facility affected. Human Bombs – Suicide Bombers A. When responding to person(s) attached to improvised explosive device(s), officers should: 1. Control the person so that they cannot intentionally or accidentally detonate the device. 2. Order the person to stand still and make no movement at all. B. If the person fails to obey verbal commands and the officer reasonably believes that the actions of the person create a threat of physical harm to another person, including the officer, the officer may use physical force in order to protect themselves or others. C. Important Considerations 1. Use “shielding” and distance as safety measures. 2. Immediately request that the Arson/Bomb Squad respond. 3. Damage and injury from an explosive device are directly related to the amount of explosive in the device. 4. The person wearing the explosive device should be considered a greater threat to the officer or other persons than a person carrying a loaded firearm. 5. Officers should attempt to relocate the suspect only when it is determined that movement will not detonate the bomb. 6. Determine an appropriate location to detain the person attached to the explosive device pending arrival of the Arson/Bomb Squad. a. VI. If patrol car is used, windows/doors should be left open to minimize the blast effects. 7. Ensure that the person attached to the explosive device remains in the confinement area. 8. Withdraw to a safe area and await the arrival of the Arson/Bomb Squad. Suspicious Packages (possible chemical/biological weapon) A. Be alert for indicators of chemical and/or biological agents. B. Have the Chief Dispatcher notify the Arson/Bomb Squad immediately (Arson Bomb Squad will notify other necessary agencies). C. Identify potential victims who were exposed to the package or suspected substance. D. Use your Personal Protection Equipment, especially your respiratory protection. VII. Bomb Threat / Haz-Mat Situations at Seattle Center A. When called to the Seattle Center to investigate bomb threats, suspicious packages, or hazardous materials: Page 3 of 4 Bomb Threats and Explosive Devices Section 14.020 1. The Sector Sergeant will contact the Chief Dispatcher who in turn will call the Seattle Center Duty Manager. 2. The Duty Manager is in charge of the Seattle Center. 3. The Duty Manager has the authority to evacuate or not evacuate a specific facility. 4. The Duty Manager has multiple resources to assist the Department in searching all areas of the Seattle Center. VIII. Explosive Materials with Evidentiary Value A. Explosive materials, except as indicated below, shall be left undistributed. Removal of these materials is the responsibility of the Arson/Bomb Squad. B. Only the below listed materials that contain evidentiary value may be transported to the Evidence Room with a supervisor’s approval: 1. Small arms ammunition smaller than .50 caliber CAUTION: Certain .50 caliber and 20mm rounds have sensitive, high explosive fragmentation projectiles. 2. Tear gas capsules that provide identification of their contents if taken for evidentiary value may be transported to the Evidence unit NOTE: If you believe that these materials cannot be handled and transported safely, secure the area and notify the Arson/Bomb Squad. C. The Evidence Unit has the authority to refuse any of the listed materials due to their condition or quantity. If the Evidence Unit does not accept the materials, notify the Arson/Bomb Squad. The Arson/Bomb Squad will then be responsible for storage/disposal of the materials. D. For procedures addressing fireworks with evidentiary value, excluding military simulators, see DP&P - Fireworks Disposal and Disposition. E. Smoking is prohibited near explosive materials. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 14.040 Chapter: 14 - Emergency Operations 040 - Hazardous Conditions REFERENCES CALEA standards, 41.2.4, 61.4.2. I. Hazards to the Public A. Officers shall be alert for defects, damage, or obstructions to any streets, roadways, sidewalks, parking strips, or other installations or properties, the result of which may be dangerous or detrimental to public welfare. B. This also applies to inoperative or impaired City utility installations, such as street lights out or obscured by trees, traffic signs down, damaged, or obscured by shrubbery, overhanging trees, or other objects, etc. C. Some of the most common which require special handling are: 1. Fire Alarms. a. 2. Officers shall respond immediately to every fire alarm which they become aware of or are assigned to. Wires Down. a. Officers who respond to a call or otherwise come upon the scene of “wires down,” shall consider all wires to be energized and dangerous until proven otherwise. (1) II. Telephone, fire alarm, trolley, and guideline wires may be in touch with high voltage wires at some other point, and such wires may carry lethal electric charges. D. Officers discovering hazards shall take immediate action as soon as is practical by notifying the Communications Section of the nature of the hazard. E. The Communications Section shall forward the information to the appropriate agency for corrective action. F. If the hazard poses an immediate danger to the public, the officer or other authorized personnel, within the limits of available resources, shall safely maintain pedestrian and vehicular traffic control over the situation until it has been rendered safe by the appropriate agency, either in a temporary or permanent condition. Hazardous Materials Incidents A. The U.S. Department of Transportation’s “Emergency Response Guidebook” should be consulted when responding to a Haz-Mat situation. The guidebook will help you identify and read hazard placards on transport vehicles. It will also provide you with information on the hazards of a particular material, and steps to take when responding to Haz-Mat incidents. B. When responding to a hazardous materials incident, the first unit on-scene should: 1. Approach the scene from upwind, 2. Assess the need for, and request the assistance of, additional resources as needed. Effective Date: 11/19/07 Page 1 of 3 Section 14.040 Hazardous Conditions a. The Seattle Fire Department (SFD) has overall responsibility for response to, and command of Haz-Mat situations. They should be notified as soon as possible. b. A sworn SPD supervisor. c. SFD Aid units. 3. Move people and keep them away from the scene. An initial safe perimeter is 500 feet. 4. Perform life saving rescue and first aid. 5. If possible, without endangering personal safety, attempt to identify the hazardous material. a. 6. C. III. Secure and contain the scene until other resources arrive. Once SFD has arrived and assumed command of the incident, the Department’s role shall be to participate in a unified command with SFD as the lead agency. This may include: 1. Traffic and crowd control. 2. Evacuation. 3. First Aid. 4. Identifying and interviewing witnesses. 5. Protection of property. 6. Transportation of victims. Spill Response and Disposal A. In situations where the SFD does not respond, the Department shall assess the need for removal and transportation of the hazardous material. B. Officers shall notify the Communications Section as to the nature of the hazard. 1. IV. Hazardous materials transported by rail or road should be marked with a placard that has a 4 digit number on it. Provide that number to Communications. The Communications Section will notify the Washington State Department of Ecology, which maintains 24 hour emergency Spill Response. C. Remain at the scene until the DOE staff person arrives. D. Request from the DOE staff person authorization to have the hazardous material removed. E. Complete a General Offense Report on all Hazardous Materials or Spill Response incidents. 1. Include in the report the name of the environmental service provider. 2. Send a VMAIL to the Department Safety Coordinator titled “Hazardous Materials” or “Spill Response.” The VMAIL will contain the General Offense Number. Safety Coordinator Responsibilities A. Page 2 of 3 Upon receipt of a General Offense Report involving the emergency transportation of hazardous materials do the following: 1. Within 48 hours of the emergency transportation, complete a DOE form 2, “Notification of Dangerous Waste Activities”. 2. Send the completed DOE form 2 via Federal Express to: Section 14.040 Hazardous Conditions Washington Department of Ecology Attention: Sheri Dotson 300 Desmond Drive Lacey, WA 98503 3. Upon receipt of the WAD number from DOE, provide the WAD number to the environmental service provider who removed the hazardous material. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 14.060 Chapter: 14 - Emergency Operations 060 - Serious Incident Plan REFERENCES CALEA standards, 54.1.3. POLICY Officer safety will be the priority when responding to a serious incident. Once the incident is made safe, the officers will attend to the injured, locate suspects and witnesses, secure the scene and preserve evidence. Some examples of serious incidents are homicides, sexual assaults, officer involved shootings, serious injuries where death may be likely, and kidnappings. I. Primary Officer Responsibilities A. The first officer on the scene of a serious incident will assume the role of the primary officer. The primary officer will take control of the scene and direct the activity until relieved by a supervisor. 1. The primary officer will request that a supervisor respond to the scene. B. Officer safety is the first priority. The primary officer will direct responding officers, advising the safe access route, and a safe staging area. C. Once the scene has been secured, the investigation of the incident can proceed. D. Officers on the scene will administer first aid to injured persons and request medic units to respond when necessary. E. F. 1. Use universal precautions to minimize contact with blood or other potentially infectious materials. (See DP&P, Exposure Control Bodily Fluids.) 2. If certain signs of death are present (e.g. rigor mortis, lividity, odor, etc.) do not touch or move the body. Establish an inside and outside perimeter, around the scene with yellow crime scene tape, keeping all unauthorized persons out. Responding Detective Sergeants will deploy Red Crime Scene Tape around the inner perimeter of any major crime scene. The red tape will denote the area(s) where the most critical evidence is located. 1. The perimeter should be marked off with crime scene tape as soon as it is safe to do so. 2. The perimeter will be maintained until officers are released by a supervisor. 3. Limit access to only those involved in the investigation. Maintain a detailed Crime Scene Log. 1. Effective Date: 04/24/07 The responding Detective Sergeant will ensure that an on-scene officer is assigned to crime scene log duty and will provide the officer with blank log sheets. Once the red crime scene tape is in place and the “log officer” is assigned, anyone who enters the area cordoned off in red tape, regardless of rank, will have to sign in and sign out of the scene and may be responsible for providing a statement as to their business and activity in the scene. Officers who entered the scene prior to the application of red crime scene tape must complete a statement regarding their business and activity in the scene. The Crime Scene Log is not limited to SPD personnel; representatives of all agencies with a Page 1 of 3 Section 14.060 Serious Incident Plan need to enter the scene must sign in and sign out. This includes the Seattle Fire Department, any ambulance attendant, the King County Medical Examiner’s Office, the King County Prosecutor’s Office, or any other agency. Once the crime scene investigation is complete and the scene is released, the “log officer” will submit the completed log forms to the on-scene Detective Sergeant or the CSI Sergeant. The Sergeant will deliver the completed log forms to the case detective(s). The crime scene log will become part of the case file and may be subject to defense discovery. G. Detain suspect(s) and witnesses separately. Instruct witnesses not to talk to anyone about the incident. Obtain statements when possible. H. Broadcast all available suspect information. I. Preserve the crime scene and any evidence in its original location and condition unless it creates a hazard or risks becoming contaminated. J. 1. Note transient details, such as time of day, whether the lights were on or off, signs of activity, position of doors and windows, unusual odors, persons at the scene upon arrival and the position of an injured victim. 2. Do not touch or move an item of evidence unless it is necessary to protect it from being damaged or destroyed. Avoid touching, moving or stepping in areas sensitive to the scene. Use the same route in and out of the scene, avoiding a route a suspect might have used. Do not use any of the facilities at the scene (e.g., sinks, bathrooms, telephones, etc.). Document anything that is touched or moved. Utilize door locks, barricades, crime scene tape, other officers, and rope to secure the scene. Protect the entry and exit paths used by the criminal. Protect any evidence in danger of being destroyed by weather or other factors. Guarding Injured or Deceased Persons 1. II. An officer will be assigned to stay with the person until relieved by a supervisor. This includes riding with the person to the hospital and staying with them once they arrive at the hospital. a. Injured Person(s): The officer assigned to guard the victim/suspect should give their supervisor the condition of the injured person, as that information becomes available. Secure clothing from the victim or suspect at the hospital. List the names of the hospital staff who removed the clothing and anyone at the hospital that talked to the victim or suspect. In the case of sexual assault the clothing and evidence collected will be retained by the hospital. b. Deceased Person(s): Do not remove the clothing of the deceased. Instruct the hospital attendants not to release the property of the deceased to anyone other than the Medical Examiner or police personnel. Patrol Sergeant Responsibilities A. Page 2 of 3 A sergeant will respond to the scene and take command. The sergeant in command will: 1. Request a follow-up unit call out response; 2. Determine any additional personnel required and assign specific responsibilities to sergeants / officers on the scene; 3. Ensure Communications receives updated information; 4. Ensure the security of the scene; 5. Turn control of scene over to the follow-up investigators, upon their arrival; 6. Brief the Watch Commander; and Section 14.060 Serious Incident Plan 7. B. III. Ensure the proper paperwork has been completed. Once the follow-up detective(s) arrive and assume control of the scene, they have full command of the scene. Completion of the investigation is the responsibility of the follow-up unit. Watch Commander Responsibilities A. Respond and assume command. B. Ensure supervisor responsibilities have been completed. C. Brief arriving units. D. Designate a media staging area. E. Check call status with Communications Section. 1. F. Consider psychological support for officers for involved squad and precinct. 1. G. If there are too many waiting calls, request assistance from other precincts or request that the Communications Section starts screening low priority calls. Psychologist a. Critical Incident Stress Debriefing b. Peer Counselors Consider Department-wide announcement for on-duty officers via Mobile Data Device. Page 3 of 3 Seattle Police Department Section Policies and Procedures Title: 14.070 Chapter: 14 - Emergency Operations 070 - Serious Injury or Fatality to Officer REFERENCES CALEA standards, 22.2.3, 22.2.4, 41.2.4 I. II. Officer Responsibilities A. Notify Radio of "Officer Down" or "Officer Injured" and request SFD Medics. B. Ensure that medical personnel rush the officer to a hospital as soon as possible, regardless of the extent of injuries or opinions of death. C. Assign at least one officer to accompany victim officer to the hospital for security and to obtain: 1. Information about the incident, 2. Evidence, and 3. Personal effects. D. Set up a perimeter around the crime scene. (See DP&P - Serious Incident Plan.) E. Detain witnesses until released by a patrol supervisor or Follow-up Detective. F. Ensure that a patrol supervisor is enroute. G. Complete necessary paperwork. Patrol Supervisor Responsibilities A. B. Assume command of the scene. 1. Handle as a "major event" 2. Establish a Field Command Post. Ensure that the victim officer: 1. Has been taken to hospital, and 2. Is accompanied by at least one other officer. C. Ensure that a secure perimeter around the crime scene has been established. D. Request that a Watch Commander respond to the scene. E. Assign a Sergeant to the hospital to coordinate officers assigned there. F. Request that the appropriate Follow-up Unit respond to the scene. G. Ensure that the victim officer's spouse or family member(s) is notified. 1. Assign two officers to drive family to the hospital. a. 2. H. Request local law enforcement agency to transport if they live some distance outside Seattle. Arrange for child care when necessary. Ensure that Department notifications are made. Effective Date: 11/20/07 Page 1 of 3 Section 14.070 Serious Injury or Fatality to Officer 1. Victim officer's Unit Commander 2. Precinct Commander 3. Victim officer's Section Commander 4. Operations Bureau Commander 5. Victim officer's Bureau Commander 6. Office of the Chief 7. Media Relations Unit NOTE: Do not reveal the officer’s name on the phone, radio, or to the media until after the family has been notified. I. III. 8. Employee’s collective bargaining representative 9. Department Chaplain Ensure the completion of all necessary paperwork, including: 1. General Offense Report(s), accident reports, Statements, etc., and 2. Illness and injury forms. b. Forward illness and injury forms to the Recruiting, Wellness, and Safety Administrator in an Alert packet. A. Respond and assume command. B. Ensure supervisor responsibilities have been completed. C. Brief arriving units. D. Designate a media staging area. E. Check call status with Communications Section. F. G. If there are too many waiting calls, request assistance from other precincts or request that the Communications Section start screening low priority calls. Consider psychological support for officers for involved squad and precinct. 1. V. Refer DP&P - Illness and Injury. Watch Commander Responsibilities 1. IV. a. Psychologist a. Critical Incident Stress Debriefing b. Peer Counselors Consider Department-wide announcement for on-duty officers via Video Mobile Data Terminal. Field Commander Responsibilities A. Respond and assume command. B. Coordinate Department Notifications. C. Ensure completion of an After Action Report. Communications Section Responsibilities A. Ensure that Medics are dispatched. B. Request that a supervisor respond to the scene. Page 2 of 3 Serious Injury or Fatality to Officer C. Assist in establishing a perimeter around the crime scene. D. Assist with notifications as requested by on-scene Commander(s). Section 14.070 Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 14.080 Chapter: 14 - Emergency Operations 080 - Task Force Mobilization REFERENCES CALEA standards, 41.3.3, 70.1.1,70.1.2,70.1.3, 701.1.4, 70.1.5, 70.1.7, 70.2.1, 70.3.1. PURPOSE To describe and detail the process for full Operations Bureau Task Force Mobilization. This plan may be partially implemented at the direction of a Field Commander. In the event of a partial mobilization, the Field Commander must explicitly identify required resources to the Communications Section. Unless explicit direction regarding partial mobilization is received, it shall be assumed a full Task Force Mobilization is authorized. I. Definitions A. II. Field Commander: For purposes of Task Force Mobilization, a Field Commander shall hold the minimum permanent rank of Sergeant. 1. Field Commanders shall explicitly identify themselves to the Communications Section. 2. All personnel detailed to a Task Force Response operation shall be subordinate to the Field Commander, regardless of Precinct of origin or pre-existing chain-of-command. 3. A partial Task Force Mobilization may be authorized by a Field Commander holding the rank of Sergeant; A full Mobilization may be authorized by a field Commander holding the minimum rank of Lieutenant. 4. In the event of a partial Task Force Mobilization, an on-duty Lieutenant from any Precinct shall be notified immediately, respond to the scene to assess the need for a full Mobilization, and to assume Field Command. Note: During an Unusual Occurrence (UO), the Field Commander has ultimate authority over command of assigned resources. Unless and until relieved by a commander of higher rank, the Field Commander is literally the highest ranking on-duty commander in the Department. Task Force Personnel A. Patrol Sergeant(s) and Officers. 1. B. The Patrol Squad and Sergeant from each Watch, in each Precinct, for the first two working days upon returning from regularly scheduled furloughs. a. Shall maintain helmets and long batons in their vehicles. b. Sergeants shall be prepared to present a completed roster of their resources to the Field Commander upon arrival at the mustering location. c. Sergeants and officers qualified to carry chemical agents shall be prepared to respond with issued chemical agents e.g., “Pepper Spray.” All on-duty Anti-Crime Team (ACT) and Community Police Team (CPT) officers and Supervisors. 1. Helmets and long batons shall be maintained and ready at all times. Effective Date: 11/7/07 Page 1 of 3 Section 14.080 Task Force Mobilization C. 2. Response shall be in Departmental issued vehicles. 3. Jumpsuits are authorized. 4. Sergeants shall be prepared to present a completed roster of their resources to the Field Commander. 5. CPTs shall bring their prisoner processing kits. (See subsection IV - Prisoner Processing Protocol of this manual section.) All on-duty Special Weapons and Tactics (SWAT) Personnel. 1. D. All on-duty K-9 personnel. E. All on-duty Traffic personnel, including Sergeants and Commanders. F. All Precinct Prisoner Wagons (D10, N10, S10, C10) and assigned officers (see subsection IV Prisoner Processing Protocol - of this manual section.) G. Other on-duty units as directed by the Field Commander through the Communications Section. 1. III. This may include additional command and supervisory staff, Criminal Intelligence Section personnel, etc. Mobilization Procedures A. Officers 1. B. IV. Response shall be in riot gear, and arrangements shall be made to deliver necessary logistical equipment (specifically chemical agents) as soon as possible. Patrol a. Patrol officers on priority calls shall remain on those calls unless directed by Radio. b. Supervisors will document as soon as practical the officers who have responded to join the Task Force. 2. Task Force personnel shall immediately respond to the staging area identified by the Field Commander. Response shall be in Department assigned vehicles. In addition to specialized equipment requirements, each officer shall be equipped according to Manual specifications, which includes, but is not limited to, body armor, flashlight, issued radio, and name tag. 3. It is critical to maintain order at the staging area. Remain with your supervisor, and in position to deploy as a Squad. Cooperate with the Deployment Officer - generally the Assistant Field Commander - and await instructions. Communications Section 1. Shall attempt to reassign priority calls to non-Task Force personnel as soon as possible and shall begin screening calls at each zone dispatch console. 2. Shall be prepared to staff a radio channel dedicated to the event if requested by the Field Commander. Prisoner Processing Protocol A. Page 2 of 3 A crucial element of mobilization in response to a large-scale disturbance, riot, or demonstration is prisoner processing. The two personnel groups assigned to the prisoner processing function are the Department Community Police Teams (CPT) and all on-duty Prisoner Wagon Officers. Section 14.080 Task Force Mobilization B. If the Field Commander determines that the prisoner processing function is required as part of the Task Force mobilization, the following protocol is proposed: 1. 2. Prisoner Wagon Officers a. Immediately upon mobilization, all prisoner wagon officers shall report to the Field Commander. If a prisoner wagon is not assigned during a Watch at any Precinct, the Watch Commander, Senior Sergeant, or Field Commander shall ensure that all prisoner wagons are deployed. The officer assigned to the prisoner wagon shall ensure that the prisoner processing kits are on board. b. The Field Commander shall assign a second officer to each prisoner wagon. The prisoner wagon team shall process prisoners in the field, and remain in the field until each wagon is at capacity. Then, and only then, shall prisoners be delivered to the holding cells at the Precinct of occurrence (or other Precinct as designated by the Field Commander). The minimum requirements for arrest processing in the field shall be suspect identification, date / time / location, arresting officer identification, and two Polaroid photos of the arresting officer and the suspect. Note: Officers making arrests remain responsible for reports, statements, etc. at the conclusion of their Task Force assignment. 3. The Field Commander shall establish and staff a processing operation at the Precinct to complete the booking (or citation) process. 4. Community Police Teams a. All Community Police Team personnel shall respond to the Precinct of occurrence (or other Precinct as designated by the Field Commander). (1) If the Department CPT Officers are off-duty, they shall be activated via the Communications Section, unless otherwise directed by the Field Commander. (2) CPT Sergeants shall maintain current CPT mobilization rosters and must forward a copy to the Communications Section. (a) b. The mobilization roster shall be titled “Task Force Prisoner Processing Team Call-out Roster.” Upon arrival at the Precinct, the CPTs shall organize the prisoner processing operation and respond to the field. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 14.090 Chapter: 14 - Emergency Operations 090 – Unusual Occurrences PURPOSE Freedom of speech is a fundamental right guaranteed by the United States Constitution. When exercised within the spirit and intent of the law, individuals are afforded the opportunity to express opinions openly and without fear of reprisal from the government. The government, and law enforcement in particular, must ensure individual’s rights to express themselves do not infringe upon the rights or safety of others. Should demonstrations transcend lawful boundaries, police must be prepared to respond with fair and impartial enforcement of the law. The purpose of this section is to offer guidance on successful resolution of incidents of civil disobedience, and crowd or riot situations involving unlawful activity. MISSION In civil disobedience, crowd, or riot situations involving unlawful activity, involved police personnel shall adhere to the Department’s basic law enforcement mission of protecting life and property. When possible, Seattle Police Department personnel should make an effort to coordinate with participants to ensure protests, demonstrations, and other public gatherings occur in a lawful manner. Seattle Police Department policies and procedures, regarding the Use of Force, Full Restraint Position, Chemical Restraints, and Reporting Use of Force are incorporated herein by reference and should be reviewed by all personnel. I. Use of Force in Civil Disobedience, Crowd or Riot Situations Involving Unlawful Activity A. II. Should unlawful activities occur during a large gathering: 1. Law enforcement actions shall be done in a fair and impartial manner. 2. Only necessary force as defined in the Revised Code of Washington (RCW) 9A.16.010 will be used to control or disperse persons or groups or to effect arrests. 3. Deadly force may be used only in compliance with Seattle Police Department policy and Washington State law. Tactical Deployment A. Department resources should be deployed to accomplish specific law enforcement objectives identified. B. Tactical objectives may include: C. 1. Containment : to confine the unlawful disorder. 2. Isolation : to prevent the growth of the unlawful disorder and deny access to those who, for their own safety, are not involved. 3. Dispersal : to disperse the crowd and take appropriate action against law violators. Crowd Movement 1. Effective Date: 10/1/99 The purpose of crowd movement is to peacefully move an unlawful crowd from one location to another. Page 1 of 3 Section 14.090 Unusual Occurrences 2. D. The on scene Field Incident Commander will authorize and direct all crowd movement tactics. Use of Chemical Agents in Civil Disobedience, Crowd or Riot Situations Involving Unlawful Activity 1. Purpose a. 2. E. (1) Prevention of violence. (2) Suppression and dispersal of unlawful assemblies with minimum hazard to the public and law enforcement. (3) To aid in the overcoming of either passive or aggressive resistance to affect arrest. (4) Area or building deprivation to prevent further destruction of property when other means are not practical. Deployment a. Unless it is an emergency situation, deployment of chemical agents shall be authorized only by an on scene Field Incident Commander holding the permanent rank of Lieutenant or above. b. These devices shall only be deployed subsequent to a verbal dispersal or movement order. c. Only authorized Department personnel shall deploy these devices. d. Use of individually issued O.C. restraint is not prohibited by this policy. However, use of O.C. on an individual basis in an unlawful crowd or riot situation should be strictly controlled. Use of Less Lethal Weapons 1. Purpose a. 2. III. The authorized use of chemical agents during civil disobedience, crowd, or riot situations involving unlawful activity shall have as a primary objective one or all of the following: The purpose of less lethal weapons is to intervene in unlawful assemblies and or unlawful civil disturbance situations where verbal dispersal or movement orders have been ineffective. Deployment a. Unless it is an emergency situation, deployment of less lethal weapons shall be authorized only by an on scene Field Incident Commander holding the permanent rank of Lieutenant or above. b. These devices shall only be deployed subsequent to a verbal dispersal or movement order. c. Only authorized Department personnel shall deploy these devices. d. Use of individually issued less lethal weapons (i.e., baton) is not prohibited by this policy, but should be strictly controlled. Reporting A. Page 2 of 3 The Field Incident Commander authorizing the use of chemical agents or other less lethal weapons must justify the decision in a Use of Force report, with a copy submitted to his/her Bureau Commander in addition to normal routing. Unusual Occurrences Section 14.090 B. Use of these devices is considered “Use of Force” and shall be reported as required by Department policy. C. The Field Incident Commander authorizing the use of chemical agents or other less lethal weapons must justify the decision in a Use of Force report with a copy routed to their Bureau Commander in addition to normal routing. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 15.010 Chapter: 15 - Preliminary Investigations 010 - Arson Investigation REFERENCES CALEA standards, 41.2.4. POLICY The Arson/Bomb Squad has the responsibility, along with the Fire Department’s Fire Investigation Unit, to conduct on-scene and follow-up investigations of arson or suspicious fires, any fire resulting in death or life threatening injury, and fire bombings related to civil disturbances. I. Officer Responsibilities A. When responding to a fire call, contact the Fire Department supervisor in charge at the scene to determine the nature and severity of the fire. 1. If the fire has been determined to be arson, suspicious in nature, or has resulted in the serious injury or death of any person: a. B. C. Contact a police supervisor, who will screen the incident and notify the Arson/Bomb Squad. Write a General Offense Report for all of the following, unless advised otherwise by an Arson/Bomb Squad supervisor: 1. Arson fires, 2. Fires of unknown or suspicious origin, 3. Fires which have resulted in the death or serious injury of any person, 4. Fires that appear to involve malicious intent, no matter the size of the fire or value of property damaged. If you have arrived on the scene of a fire which is out, or is easily extinguished, Fire Department response shall still be requested. Effective Date: 11/20/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 15.055 Chapter: 15 - Preliminary Investigations 055 - Death Investigation (Non-Traffic) REFERENCES CALEA standards, 83.2.2. I. Patrol Officer Responsibilities A. Secure the scene and request that a Patrol Sergeant respond. B. Do not allow any persons to enter the scene. C. Keep notes regarding the incident. Include the following: 1. Position and description of the body in relation to the surroundings, and 2. Presence or absence of any weapons. D. Identify all persons found at the scene and detain them until the arrival of a Patrol Sergeant. E. Do not move or search the body or room for identification purposes or other information. Exception: A search may be conducted as directed by Homicide/Assault Unit detectives or the Medical Examiner. F. II. Complete a General Offense Report, and an Officer Statement (when appropriate). Patrol Sergeant Responsibilities A. Respond in person to all dead human body calls. B. Determine if a follow-up unit needs to respond. C. Assume command of all patrol activities at the scene. D. Determine the type of death: natural, accidental, suicide, or possible homicide. 1. III. When a patrol supervisor responds to any death of a person under the age of 18 the supervisor shall consult with a Homicide supervisor. A homicide supervisor can be contacted through Communications. Death Investigation A. Natural Death 1. Collect all necessary information to substantiate a natural death. 2. Contact the Medical Examiner. a. Effective Date: 11/20/07 The Medical Examiner's Office may have the family arrange for a funeral home to take custody of the body, if the primary investigator is satisfied that a natural death occurred, and the Medical Examiner's Office can verify the following: (1) Medical history of the deceased, (2) The doctor of the deceased agrees to sign the death certificate, and (3) Family member(s) are available. Page 1 of 2 Section 15.055 Death Investigation (Non-Traffic) b. If the Medical Examiner does not respond, obtain the assigned "Non-Jurisdiction Assumed" number (NJA). c. If the Medical Examiner responds to take custody of the body, obtain the "King County Medical Examiner's" (KCME) case number. 3. Stay at the scene until the body is removed by either the Medical Examiner or a funeral home. 4. Complete the General Offense Report. a. b. B. Page 2 of 2 Medical history/medications, (2) Past activities, and (3) Complaints of illness. Include the "NJA" or "KCME" number in the report. Obtain all information necessary to substantiate the type of death, accidental or suicide. a. Note the position, condition, and description of the body. b. Obtain historical information regarding the deceased. c. Identify and interview all witnesses. 2. Ensure that two or more photographs of the scene are taken and submitted to the Evidence Unit. 3. Contact the Medical Examiner and have an investigator respond. a. Obtain the KCME case number. 4. Stay at the scene until the body is removed by the Medical Examiner. 5. Document facts substantiating accidental death or suicide in the General Offense Report. a. D. (1) Accidental or Suicide 1. C. Document facts that substantiate a natural death. Including, but not limited to: Include the KCME case number in the report. 6. Complete a sketch of the crime scene and forward it to Data Center.. 7. Contact a Homicide Unit supervisor when the suicide victim is a minor under the age of 18. The Homicide Unit will respond in all suicides of minors and will assume investigative responsibilities. Possible Homicide or Unusual Circumstances 1. Contact the appropriate follow-up unit. 2. Remain at the scene until relieved by the follow-up detectives. 3. Assist the detectives until no longer needed. 4. Prepare a General Offense Report and Officer Statement documenting the information obtained at the scene and the release of the scene to the follow-up unit. Dive Rescue, Drowning and Near Drowning Incidents 1. The Seattle Police Department is responsible for any on scene command of all drowning, near drowning and dive rescue response calls. Both Police and Fire personnel may be involved in these responses. 2. The Staff duty officer (Captain) will be called to and will respond to all incidents involving a dive rescue, drowning and near drowning. Seattle Police Department Policies and Procedures Title: Section 15.080 Chapter: 15 - Preliminary Investigation 080 - Follow-up Unit Notification & Follow-up Investigation REFERENCES CALEA standards, 41.2.4, 42.1.1, 42.1.4, 42.2.1, 42.2.2, 83.1.1. I. Follow-up Unit Callouts A. Follow-up investigators are available to respond to process a crime scene on a 24-hour basis if the circumstances justify an immediate response. The follow-up unit supervisor and the primary unit supervisor will normally determine whether immediate follow-up response by detectives is appropriate. The screening supervisor must consider the facts of the incident in light of the guidelines listed, prior to contacting the Chief Dispatcher or the appropriate unit’s supervisor. If the incident occurs during daytime hours, an attempt shall be made to contact the appropriate unit first, via the telephone. Whenever possible, the supervisor should provide the Chief Dispatcher with a telephone number where the follow-up unit supervisor may contact the screening supervisor. Watch Commanders have the discretion to order a detective follow-up response, if in their judgment the situation requires it. B. Supervisors of primary investigating units are required to notify appropriate follow-up unit supervisors of the following crimes on a 24-hour basis. 1. The Homicide and Assault Unit is contacted for a possible response in the following incidents: a. Homicide. b. Assault with injuries likely to result in death. c. Any death investigations (including natural, accidental and adult suicide) involving questionable circumstances. d. Every death involving a child under the age of 18 (TCIS handles all traffic collisions that result in deaths including a child under the age of 18). e. Any death or life threatening felony assault resulting from domestic violence. e. Officer involved shootings, except: 1). Accidental discharge with no injury. 2). Discharge with no intent to shoot anyone and no one is endangered. 3). Killing of an animal. f. Kidnapping, other than custodial. Effective Date: 9/26/07 Page 1 of 8 Follow-up Unit Notification & Follow-up Investigation Section 15.080 g. Fire deaths or fire injuries likely to result in death at the request of an Arson/Bomb Unit supervisor. h. Any death where that individual is in the custody, or had been in custody within the past 72 hours, of the Seattle Police Department, or any law enforcement agency within the city of Seattle including the King County Jail and King County Youth Service Center. i. Death or serious injury of any police personnel. j. Missing person, where it is apparently a homicide or kidnapping. k. Other personal injury incidents that because of their nature (victim status, unique crime, etc.) will likely generate media attention. l. Any seriously injured subject in Seattle Police Department custody. m. Any found bones that are likely human, such as a skull or a partial skeleton. n. 2. All industrial accidents resulting in death. The Sexual Assault Unit is contacted for a possible response in the following incidents: a. Any rape where the suspect is a stranger and a crime scene exists. b. Serious injury to a child (birth to 12 years) involving questionable circumstances, and when the Homicide Unit has declined to respond. 1). In accordance with the call-out guidelines for the Homicide and Assault Unit, first callout request shall be made requesting their response. 2). If Homicide and Assault Unit declines to respond, request through the Communications Section that a second call – out attempt be made to the Sexual Assault and Child Abuse Unit (SAU). 3. c. Any rape where the victim sustains serious physical injuries in addition to suffering a sexual assault. d. Sexually based incidents involving custodial or institutional settings (jail, day care, school, etc). e. Sexual assaults incidents likely to generate significant media and/or community interest. f. A rape where a suspect is arrested and it is advantageous that a detective interview the suspect immediately. The Robbery Unit is contacted for possible response in the following incidents: a. Bank robbery. b. Robbery incidents involving: 1). Shots fired. 2). Restraints used on the victim(s). Page 2 of 8 Follow-up Unit Notification & Follow-up Investigation Section 15.080 3). Serious injuries. 4). Extensive media interest. 5). Incidents involving high dollar loss, (currency and/or property). 4. c. Possible pattern or serial robberies. d. Large scale commercial robberies. The Arson/Bomb Squad is contacted for a possible response in the following incidents: a. A fire of suspicious origin, obvious arson, serious injury or death of a person. b. Whenever an explosion has occurred which resulted in an injury or property damage, however slight. This includes incidents where the explosive used was common “fireworks”. c. Suspected or known explosive devices. d. Suspected or known WMD agent dissemination devices. e. An explosion that involves an improvised explosive device (homemade bomb), regardless of damage, injury or intent. f. An abandoned or suspicious item/package suspected to contain an explosive or WMD agent dissemination device. g. An incendiary device. h. A site used to illegally manufacture explosives, including flash powder and fireworks, or to fill containers with an explosive agent. i. Found military ordinance, commercial explosives, or any type of improvised/homemade explosive. j. A large quantity of small arms ammunition, or any quantity of ammunition 50 caliber or larger or any ammunition that is in a deteriorated state. k. Common fireworks in quantities of more than a few pounds, and any quantity of M-80s or larger. l. Any incident involving any chemical, biological, or radiological agents, or nuclear agents, where there has been a release or threat of a release, or any suspicious circumstances involving such agents. m. Any arson or suspicious fire. The Seattle Fire Department – Fire Investigation Unit (Fire Marshall 5) is tasked with determining origin and cause. They will normally be requested to respond by first responder fire fighters. In the event SFD – FIU does not respond, the patrol supervisor should screen the incident with ABS personnel. 5. The Bias Crimes Unit is contacted for a possible response in the following incidents: a. Incidents likely to generate significant media and/or community interest. Page 3 of 8 Follow-up Unit Notification & Follow-up Investigation Section 15.080 b. When there is a question as to whether or not an incident meets the definition of a criminal act under either the malicious harassment ordinance, SMC 12A.06.115 or the state statute, RCW 9A.36.080, contact the Bias Crime coordinator during regular business hours for screening. Outside of regular business hours contact the on-duty or on call Homicide Unit sergeant. c. The incident shall be thoroughly investigated. When circumstances are questionable, the incident shall be treated as a bias crime initially, all appropriate procedures shall be followed, and all the appropriate boxes on the GO Report shall be checked, including the “Bias Crime” box. 6. 7. The Domestic Violence Unit is contacted for a possible response in the following incidents: a. A serious domestic violence assault in which the suspect has been arrested and is available for interviewing prior to booking. b. A serious domestic violence assault incident which includes a crime scene containing substantial physical evidence (bloodstain patterns, gunshot residue, broken furniture, scarred walls, etc.), regardless of whether or not the suspect has been arrested. c. In cases where the victim has suffered injuries likely to result in death, the Homicide and Assault Unit should be notified and given the opportunity to respond prior to the DV Unit. In the event that the screening Homicide supervisor declines to respond, the DV Unit should then be contacted. d. Domestic violence allegations involving Seattle Police Department employees – whether as a suspect or victim. An on-duty commander of the permanent rank of Lieutenant is required to respond to the scene. See Seattle Police Department Procedures and Tactics Topic #014 for additional guidance. e. Domestic violence allegations involving employees of another law enforcement agency – agency whether as a suspect or victim. An on-duty commander of the permanent rank of Lieutenant is required to respond to the scene. See Seattle Police Department Procedures and Tactics Topic #014 for additional guidance. The Gang Unit is contacted for a possible response in the following incidents: a. Drive by shootings with injury or serious risk of injury, regardless of whether a suspect has been located. b. Any violent crime related to gang activity or involving gang members and or associates. c. Assaults upon officers by suspected gang members. d. Riot/disturbance situations with gang involvement. e. Serious assaults involving juveniles. f. Serious assaults with a crime scene where Homicide and Assault Unit detectives would not be required. 1). In accordance with the call-out guidelines for the Homicide and Assault, first call-out request shall be made requesting their response. Page 4 of 8 Follow-up Unit Notification & Follow-up Investigation Section 15.080 2). If Homicide and Assault Unit declines to respond, request through the Communications Section that a second call-out attempt be made to the Sexual Assault and Child Abuse Unit (SAU). 8. 9. The Narcotics Unit must be notified for possible response to all incidents involving: a. The seizure of currency in the amount of $10,000 or more related to a narcotics transaction. Refer to DP&P - Evidence Money Submission. b. A clandestine drug lab or suspected lab. Refer to Seattle Police Department Procedures and Tactics Manual section #009 - Clandestine Drug Laboratory. c. A significant marijuana grow operation. d. Presence of financial documents indicating assets of $10,000 or more related to a narcotics transaction. e. Found safe deposit keys or documentation, such as a bank statement, that may indicate a safe deposit box related to narcotics. f. Any unusual circumstances that an on-scene supervisor believes should be reviewed immediately by a Narcotics supervisor, such as credible information of a large quantity of narcotics or a major dealer. The Burglary and Theft Unit is contacted for a possible response in the following incidents: a. First - degree burglary or an extensive loss. b. Large – scale commercial burglary. c. Safe burglary. d. Specialized/high value burglary (art, antiques, etc.). e. The scene cannot be protected until 0800 hours and/or an evidence technician is not available. f. Any sensitive incident that may draw significant community or media attention. 10. The Vice Unit and Child Exploitation Squad / ICAC is contacted for a possible response in the following incidents: a. Production/Distribution/Possession of child pornography with a suspect in custody. b. Luring of a child via the Internet, involving the attempt or actual meeting of the suspect and child. c. When investigating a missing child deemed to be endangered and it is believed that a computer contains evidence as to the whereabouts of the child. d. Escort service investigations involving minors. e. Whenever a child is arrested for prostitution and she/he is willing to cooperate in the investigation. Page 5 of 8 Follow-up Unit Notification & Follow-up Investigation Section 15.080 f. Incidents involving a large gambling operation where expertise from detectives is deemed important. g. Crimes that have been committed with the use of a computer and assistance is needed for the proper take down of the system, due to extenuating circumstances such as networked systems etc. 11. The Fraud, Forgery and Financial Exploitation Squad (FFFE) is contacted for a possible response in the following incidents: a. Where there is production of financial instruments (currency, credit cards, debit cards, ATM cards, checks, etc). b. Whenever a large number of identity instruments and/or credit cards are co-located with equipment (computers printers, engravers, etc.) capable of producing them. c. Whenever large, commercial type operations for producing counterfeit software or compact disks, especially those creating “CD platters” are discovered. d. Whenever locations are discovered where a computer lab has been established for the purpose of pirating or extracting (collecting) data from numerous other computer hard drives. e. The FFE Squad shall be contacted during normal business hours under the following circumstances: 1). When officers serve a warrant or enter a premise where false identification are being produced and computers are being used. 2). When large quantities of identification instruments, identify information, or obvious fraud/forgery instruments are located. 3). Complaints of money laundering and/or illegal overseas transactions. Complaints of complex, large scale or commercial fraud, forgery or illegal bank transactions. 12. The Auto Theft Squad is contacted for a possible response in the following incidents: a. Whenever a location is discovered where several stolen vehicles are being stripped. b. Whenever a suspect (18 years or older) has been arrested and is willing to provide information on other auto thieves and the suspect has a prior auto theft booking into the King County Jail. c. Whenever there are multiple suspects (18 years of age and older) with three or more stolen vehicles involved in the same incident. d. Whenever a suspect is attempting to sell a stolen vehicle. 13. The Missing Person Unit is contacted for a possible response in the following incidents: Page 6 of 8 a. When there are questions regarding missing persons incidents, contact the Missing Person Details detectives during regular business hours for screening. b. Outside of regular business hours contact the on-duty or standby Homicide and Assault Unit sergeant. Follow-up Unit Notification & Follow-up Investigation c. Section 15.080 Consult DP&P - Missing Persona and Amber Alert. 14. Traffic Collision Investigation Section-for information concerning T.C.I.S. call out procedures. 15. Crime Scene Investigation Unit a. The function of this unit will be to respond to certain types of crime scene and process then for physical evidence. The case investigation responsibility for all major crimes will remain with the appropriate follow up units. 16. Any other crime which the field supervisor believes should be brought to a follow-up unit’s attention. C. In the event of the death or serious injury of a police officer, notification will be made to the appropriate follow-up unit, the Media Response Unit, the chain of command, and a member of the Seattle Police Officer’s Guild or Seattle Police Management Association. See DP&P - Serious Injury or Fatality to Officer. D. Any incident of a sensitive nature which may bring public notoriety upon an officer or the Department should be brought to the attention of a supervisor. The supervisor will determine if the incident should be brought to the attention of a member of the Media Response Unit. The ranking supervisor will decide if those higher in command should be notified, up to and including the Chief of Police. E. Other crimes or incidents may also require immediate follow-up investigation, the need for which will be determined by the special investigative skills required and current investigative policies. In all cases where the necessity for immediate follow-up investigation has been determined, the appropriate detective unit will be notified and given the option of immediate response. F. Refer to DP&P - Collision Investigations - when determining follow-up requirements for traffic collisions. G. Incidents to which follow-up units will respond require the primary investigator to preserve and protect the scene. See DP&P - Serious Incident Plan. H. Incidents occurring where a follow-up unit has been contacted and does not respond, require the primary investigator to complete the investigation as thoroughly as possible. I. II. If immediate follow-up investigation will not be required, the primary investigation will be conducted in such a manner as to ensure that the follow-up unit will receive all available information, via reports and statements, concerning the incident. Follow-up Investigation The Seattle Police Department conducts follow-up investigations in certain cases, as determined by either Criminal Investigations Bureau or precinct personnel. While the course of an investigation is dependent on the particular facts of the incident, the goals may include identification, apprehension, and prosecution of involved suspects as well as the recovery of stolen property. Follow-up investigations at a minimum shall include: A. Analysis And Review 1. All previous and related reports should be reviewed and assessed for relevance or intelligence value. Page 7 of 8 Follow-up Unit Notification & Follow-up Investigation B. C. Section 15.080 2. The criminal history files of any suspects should be collected and included in the file. 3. An attempt should be made to link the suspect to other crimes through a modus operandi analysis. Investigative Operations 1. When appropriate, the case detectives will contact and interview listed suspects, witnesses, and victims. When necessary, detectives should consider contacting uniformed personnel for additional information. 2. Generally, case detectives should consider viewing the scene of the crime. Any physical evidence located shall be packaged and submitted per DP&P - Evidence/Found Property. Crime scene searches should be systematic and thorough. 3. If a crime scene is large or outdoors, detectives should consider requesting the assistance of other units. Such requests should be coordinated through the case detective’s unit commander. Case Preparation 1. Case files shall be prepared to satisfy standards established by the prosecuting attorney’s office. The Criminal Investigations Bureau will publish these standards. 2. Detectives shall respond to requests for additional information from the prosecutor. Any concerns regarding these requests should be communicated to the detective’s supervisor. Page 8 of 8 Seattle Police Department Policies and Procedures Title: Section 15.100 Chapter: 15 - Preliminary Investigations 100 - Kidnapping REFERENCES CALEA standards, 41.2.4 I. II. Procedures A. As in cases of bombs and bomb threats, no mention of kidnappings will be made over the police radio. B. Any employee of the Department who receives information of a kidnapping shall immediately notify the commanding officer of the Criminal Investigations Bureau, Violent Crimes Section, and the Homicide/Assault Unit. C. No discussion of the details of the case shall be carried on with anyone except the Department personnel necessary to the investigation. Responsibilities A. The Criminal Investigations Bureau shall make any necessary notification to the F.B.I. or to other outside agencies. B. The Homicide/Assault Unit will be responsible for obtaining a General Offense Number (GON) for a kidnapping incident. Effective Date: 11/21/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 15.120 Chapter: 15 - Preliminary Investigations 120 - Malicious Harassment POLICY All reports of malicious harassment will be investigated to the fullest extent possible. I. Definitions A. Malicious harassment: Acts done maliciously and with intent to intimidate and harass persons because of, or in a way that is reasonably related to, associated with, or directed toward that person’s sexual orientation, gender, marital status, political ideology, age, parental status, race, color, religion, ancestry, national origin, or mental, physical, or sensory handicap, and those acts: 1. Cause physical injury to another person, 2. By threat, place another person in reasonable fear of harm to their person or property or to the person or property of a third person, or 3. Cause physical damage to or destruction of the property of another person. (See also RCW 9A.36.080 and SMC 12A.06.115.) (Note: Speech or acts which are only critical, insulting, or deprecatory, which do not constitute a threat of harm to the body or property of another, are not criminal.) B. II. Sexual orientation: includes heterosexuality, homosexuality, and bisexuality. Malicious Harassment - Generally A. Hate groups or individuals may commit criminal acts which include cross-burning, firebombing, vandalism of property, physical assaults, hate mail, and threatening telephone calls. These are sometimes treated as isolated acts or minor crimes, such as vandalism, neighborhood disputes, etc. B. These criminal acts should not be treated as minor incidents because they may generate fear and concern among victims and the public, and have the potential of recurring, thus escalating and possibly causing counter violence. Therefore, officers should be prepared to respond seriously and decisively to all suspected malicious harassment cases as defined below. C. Malicious harassment is included in Revised Code of Washington (RCW) 9A.36.080 and is designated as a class C Felony. 1. D. III. Under RCW 9A.36.080 a civil cause of action for malicious harassment is also created for which both actual and punitive damages may be recovered up to $10,000 by the victim. A violation of Seattle Municipal Code (SMC) 12A.06.115 - malicious harassment, is a crime punishable under SMC 12A.02.070. The SMC deals with harassment not covered by RCW 9A.36.080, including harassment of another person because of that person’s gender identity, marital status, political ideology, age, or parental status. Investigative Procedures A. Reports of malicious harassment received or discovered by members of the Department will be handled on a priority basis. Effective Date: 11/21/07 Page 1 of 2 Section 15.120 Malicious Harassment B. When there is a question as to whether an incident meets the definition of a criminal act under either the malicious harassment ordinance (SMC 12A.06.115) or State statute (RCW 9A.36.080), contact the Bias Crimes Coordinator during regular business hours for screening. Outside of regular business hours contact the on-duty or on call Homicide Unit sergeant. C. A patrol unit and a supervisor will be dispatched by the Communications Section to the scene of the incident to initiate the investigation. D. A thorough investigation will be conducted at the scene of the incident with special emphasis on collecting and preserving physical evidence of the crime. Particular attention should be directed to the preservation and collection of fingerprints, fiber evidence, hair samples, and other easily destroyed evidence that would possibly identify the suspect. Photographs should be taken of the scene, if practical. E. Notification will be as follows: 1. 2. F. The ranking supervisor at the scene of the incident will notify an on duty Watch Commander having the permanent rank of Lieutenant. a. If a Lieutenant is not available, contact the Precinct Commander. b. If none of these are available, contact the Staff Duty Officer. The notified commander will evaluate the need to notify those higher in command, up to and including the Chief of Police, or a member of the Media Response Unit. See DP&P - Media Relations. Report Distribution 1. Malicious harassment cases will be distributed in the normal required manner. 2. The Bias Crime Coordinator is responsible for follow-up investigation of malicious harassment incidents. a. 3. Excluding juvenile arrests, which will be routed to corresponding precinct detectives. The approving patrol supervisor will send a VMAIL titled “Alert Packet” to the following: a. Assistant Chief, of the appropriate Patrol Operations Bureau, b. Assistant Chief, Criminal Investigations Bureau, c. Captain, Violent Crimes Section, d. Bias Crime Coordinator, e. Homicide/Assault Unit, f. Media Response Unit, g. Records transcription handle. The VMAIL will contain the General Offense Number. Records will immediately transcribe the report to ensure rapid routing to case management. . G. Page 2 of 2 The Bias Crimes Coordinator shall review all General Offense Reports identified as malicious harassment and maintain detailed data on all incidents. Seattle Police Department Policies and Procedures Title: Section 15.130 Chapter: 15 - Preliminary Investigations 130 – Missing Person REFERENCES CALEA standards, 41.2.6. I. Circumstances when a Missing Person Report (form 5.1.2) is required A. II. No waiting period is required to take a Missing Person Report (form 5.1.2). It is required when a person of any age is reported missing for any period of time and falls into one or more of the following categories: 1. Endangered: A person in the company of another person under circumstances indicating the missing person is in physical danger. (Note: any person who is reported missing after a disaster is considered endangered and a report is required.), 2. Involuntary: voluntary, 3. Disabled: has documented physical or mental disability that might cause them to be an immediate danger to themselves or others, 4. Juvenile: Any un-emancipated juvenile, 5. Catastrophe: A person of any age who is missing after a catastrophe. 6. Other: A person over the age of 18 not meeting the criteria for entry in any other category who is missing and for whom there is a reasonable concern for his/her safety. Missing under circumstances indicating the disappearance is not B. In addition, a report shall be taken in any circumstance if a parent, guardian, relative or other responsible person makes a request. C. In most cases, the jurisdiction where the person disappeared takes the Missing Person Report. Reporting Procedures A. Complete a Missing Person Report (form 5.1.2). 1. Indicate one of the above listed categories along with documentation on the Missing Person Report (form 5.1.2). Officers will use a Continuation Sheet (form 5.7.2) to document the circumstances. The Missing Person Report (form 5.1.2) must be signed by the reporting officer or the complainant. (Note: complainants are no longer required to prepare and sign a separate statement.) Information from the Missing Person Report (form 5.1.2) will be entered into WACIC and NCIC by Data Center. 2. Obtain a recent photograph of the missing person. Multiple copies should be provided to aid in the search. Copies should be distributed to patrol officers, Media Relations, hospitals and any other places that may aid in the search. It may also be distributed via BOLO. The original photograph should be sent to the Missing Persons Unit along with a copy of the Missing Person Report (form 5.1.2). 3. WACIC and NCIC will not accept a report that does not include the missing person’s full name and date of birth. The report must be as complete as possible. Effective Date: 11/21/07 Page 1 of 5 Section 15.130 Missing Person . Fax the completed report to Data Center as soon as possible. (Note: information on a missing person under the age of 21 must be entered into WACIC and NCIC within two hours, as required by federal law.) 5. Call Data Center to confirm the report was received. III. B. A Missing Person Report (form 5.1.2) will not be taken to assist litigants in civil cases, process servers, bill collectors, skip tracers, in the compilation of family histories, or in the location of heirs. C. The Missing Persons Unit, part of the Homicide/Assault Unit, conducts the follow-up investigation on missing persons. Officers are urged to consult with the Missing Persons Unit for advice and possible response to the scene. If no one is available for advice regarding the reporting process, take a report. AMBER Alert Plan A. The Seattle Police Department is a member of the King County Regional AMBER Plan. This plan has been approved by the SCC and does not require the approval of the Washington State Patrol to issue an AMBER Alert. The Seattle Police Department and any other King County Law Enforcement Agency may issue an AMBER Alert on their own authority. All AMBER Alerts are issued statewide. We can expand the alert to additional states or Canada if deemed necessary and we meet the required criteria of that state or Canada. This expansion of the AMBER Alert is done through the Washington State Patrol. B. The AMBER Alert Plan is a collaborative effort between law enforcement agencies and the Washington state media. The purpose of the AMBER Plan is to utilize the local and statewide radio, television media and the Department of Transportation (DOT) to assist law enforcement in the recovery of an abducted child. The local law enforcement agency initiating the AMBER Alert will notify the Washington State Patrol who, in turn, will use the EAS (Emergency Alert System) to notify the media and DOT of the AMBER Alert activation. Radio and television media will broadcast the description of the missing child, details of the abduction, abductor information, possible direction of travel and any other information deemed helpful by the investigating agency. DOT will place similar, though abbreviated, information on freeway traffic signs. Citizens will be advised to call 911 with any possible information regarding the Amber Alert. C. The statewide AMBER Alert Web Portal, maintained by the Washington State Patrol, is a onestop website where the media and the public can obtain complete and updated information on the current AMBER Alert. The Washington State Patrol is responsible for providing the access code for the AMBER Alert Web Portal (AAWP) to the investigating agency. D. The initial responding officer will take a Missing Person Report (form 5.1.2) per normal procedures. When taking the report the officer will keep in mind the criteria for the AMBER Alert Plan. The incident must contain all of the following elements: Page 2 of 5 1. The victim is under the age of 18 years of age. 2. The victim is not a voluntary runaway (previous history of runaway reports is not a sole factor for exclusion). 3. There appears to be a risk of injury or death to the victim, in the opinion of the investigating law enforcement agency. 4. There must be sufficient descriptive information available such that its dissemination to the public would help locate the child, suspect and/or suspect’s vehicle. 5. The missing child must be reported to and investigated by a law enforcement agency. Section 15.130 Missing Person E. F. If the initial responding officer believes all of the criteria for initiation of the AMBER Alert Plan are fulfilled then a supervisor must be notified immediately. 1. A lieutenant or above must review the Victim Criteria prior to any initiation of the AMBER Alert Plan. 2. Missing Persons, through Homicide, must be notified of the pending AMBER Alert before the Alert is activated. 3. Media Relations personnel must be notified of the pending AMBER Alert before the Alert is activated. 4. The Missing Person Report (form 5.1.2) will still be completed per normal procedures. After it has been approved by a lieutenant or above, and Missing Persons and Media Relations have been notified, a sergeant or above shall implement the AMBER Plan by: 1. Contact SPD Communications, to notify them of the situation by telephone. The AMBER Alert Report (form 5.1.3) will then be faxed or sent as an email attachment to spdamber@seattle.gov. SPD Communications will respond to the AMBER Alert Report per Communications Section procedures, including notification of the Command Staff. 2. Fax the completed Missing Person Report (form 5.1.2) and AMBER Alert Report (form 5.1.3) to Data Center for entry into WACIC and NCIC. Once Data has entered the Missing Person information, it is their responsibility to contact the National Center for Missing and Exploited Children (NCMEC) and inform them of the AMBER Alert activation. The phone number for NCMEC is 1-800-THE-LOST (1-800-843-5678). NCMEC will then notify NCIC to flag the Missing Person hit as an AMBER Alert. a. Responding detectives shall assist SPD Communications by reviewing any tips taken in response to the AMBER Alert and, depending upon the situation, assist Patrol with the canvas and search. b. Since all updates will be entered into the AAWP, it is important that new information be forwarded expeditiously to Communications and/or Incident Command for entry. c. The Incident Commander will ensure that cancellation of the AMBER Alert is timely after verification of the child recovery. If the child is recovered by another agency that recovery shall be verified by sworn SPD personnel who are actively involved investigating the Alert before the Alert is cancelled. d. At the conclusion of the event the Incident Commander should hold a debrief session with involved personnel to discuss what went right and what we could have done better. This information will be included in the information provided to the AMBER Alert Review Committees. e. The Incident Commander is responsible to provide the AMBER Alert review information required by the King County Regional AMBER Alert Review Committee and the WASPC AMBER review committee, (see WASPC AMBER Alert Review Format in this Policy/Procedures), within 24 hours of the conclusion of the event. The report will be sent to the Captain of the ICAC Section with copies to the Chief of Police, Deputy Chief of Operations, Deputy Chief of Administration, Patrol Operations Bureau Chiefs, Criminal Investigations Bureau Chief, Field Support Bureau Chief, and Emergency Preparedness Bureau Chief. Page 3 of 5 Section 15.130 Missing Person f. IV. All personnel should review and be familiar with the procedures outlined in SPD Procedures and Tactics Publication #18, Police Response to Missing or Abducted Children. WASPC AMBER Alert Review Format A. Purpose of Review: Evaluate the effectiveness and timeliness of key decisions, actions and results for an AMBER Alert. Use results from this review to recommend improvements to Washington’s statewide and local AMBER Alert plans. B. Review Questions for the Investigating Agency: C. 1. Investigation: Please provide a chronology of the investigation and its outcome. What, if anything, hindered the investigation that other agencies could plan for? 2. Decision Making Process: What was the rationale to activate the AMBER Alert? Who made the decision to activate? How long did it take to make the decision? Could anything have reduced this time that would benefit future alerts? 3. Alert Activation: Was the activation timely? What, if any, delays did you encounter? How well did the coordination work between your agency and WSP? How well did WSP coordinate other state agency activities on your agency’s behalf (DOT for Highway signs, EMD for EAS activation, etc)? Were they adequately staffed, with managers and other staff, to manage the alert? What lessons learned would you pass on to others? 4. Cancellation: Was the AMBER Alert canceled in a timely and coordinated manner? Were law enforcement, broadcasters and the public informed of the outcome? What improvements, if any, could have been made to the alert cancellation? 5. AMBER Alert Effectiveness: Did the AMBER Alert make a difference in recovering the child? If so, how? Did broadcasters, alerting partners and the public receive timely and accurate information to look for the abducted child? How helpful were the Web Portal, EAS, Highway signs and other tools? If this was an interstate alert, how effective was the interstate coordination? Review Questions for the WASPC AMBER Alert Review Committee: 1. Considering all the facts and circumstances of the incident, did the activation decision meet the Statewide AMBER Alert criteria? Please explain the answer. 2. Based on the results of this review, what recommendations can be made to improve Washington’s statewide and local AMBER Alert plans? Note: The information shared in this Review is of a type that is not confidential and will not compromise police investigations or court proceedings. V. A Child is Missing Alert A. Page 4 of 5 A Child is Missing (ACIM) is a FREE service to law enforcement. ACIM is a non-profit organization founded in 1997 and is nationwide telephone system law enforcement can use when searching for missing children, the elderly or the disabled. This is how it works. When a person has been reported missing to law enforcement, a sworn member of that department calls ACIM’s 800 number and provides information about the missing person such as physical and clothing descriptions and time and location last seen. An ACIM technician will pull up the location on a computerized mapping system. A personalized alert message is recorded and phoned out to the area where the person was last seen. ACIM’s hi-tech system can place up to 1,000 calls in one minute. Call recipients are asked to call police with any information about the missing person. Section 15.130 Missing Person B. C. Like the AMBER Alert, using A Child is Missing requires the approval of a lieutenant or above. If the ACIM service is activated it will generate a large media response so it is imperative that the Missing Persons detectives and Media Relations must be notified prior to activating the service. To activate A Child is Missing, a lieutenant or above will call ACIM at 1-888-8752246 and provide the following information: 1. Identify the Reporting Agency 2. Lieutenant’s name and contact phone number 3. General Offense Number 4. Name and description of missing person 5. Location last seen, zip code, county and search area 6. Time and date last seen 7. Police Department number for citizen to report sightings - 911 8. Answer any other ACIM technician questions To document the viability of this program, ACIM sends a report to the reporting agency to find out the outcome of the case. This report will be filled out and returned to ACIM by the incident commander. Page 5 of 5 Seattle Police Department Section Policies and Procedures Title: 15.140 Chapter: 15 - Preliminary Investigation 140 – Narcotic Activity Report I. Patrol Officer A. Responsibilities 1. Talk to complainant, if name and phone number are given. 2. Identify exact address of premise. EXAMPLE: 3. Brown house one door north of 910 - 25 Avenue. Knock and Talk on reported location. a. Attempt additional contacts if no one is home on the first visit. b. Visually check the layout of the premise. 4. Monitor location for at least fifteen minutes. 5. Park in front of the premise to show neighbors the police are aware. a. 6. Write reports at such locations to increase the time you can spend there. Document all activities a. Date and time of contacts (1) Complainant (2) Knock and Talk b. 7. Observations Complete NAR and return it within five days to the Sergeant for approval. II. Anti-Crime Team Sergeant A. Responsibilities 1. Screen precinct NARs 2. Determine if follow-up is necessary. 3. a. Document justification for not doing follow-up. b. Not necessary if premise is part of an ongoing ACT or CPT investigation. Route NARs to Operations ASA a. Entered into computer b. Copy for precinct file c. Forward directly to the Watch Commander for assignment. III. Patrol Sergeant A. Responsibilities 1. Assign to patrol officer for follow-up. Effective Date: 8/4/03 Page 1 of 2 Narcotic Activity Report a. Some precincts may assign NARs to ACT officers. 2. Ensure completion within five days. 3. Return to Watch Commander. IV. Operations Lieutenant A. Responsibilities 1. Review all NARs prior to assignment. 2. Forward to the ACT Team Sergeant for screening. Page 2 of 2 Section 15.140 Seattle Police Department Policies and Procedures Title: Section 15.150 Chapter: 15 - Preliminary Investigations 150 - Narcotics REFERENCES CALEA standards, 42.1.5, 84.1.8, 83.2.2. RCW 69.50, 69.41, 69.52 SMC 12A.20.050 I. Felony Narcotics Arrest A. B. Complete a General Offense Report 1. Establish and articulate the probable cause for the arrest. Officers must provide enough information so that anyone will understand the nature of the case. 2. Note in the narrative if the incident occurred in a restricted area (SODA/Drug Free Zone). 3. Field test the suspected narcotics and indicate the results in the report. Document negative results as inconclusive. 4. Include recommendations in your narrative for alternative misdemeanor charges. Complete a Property Report 1. C. Complete Officer Statement(s) 1. D. List all items of evidence, detail who found it, where it was found and what was done with it. Officer Statements shall be detailed and include the following: a. The officer’s experience and training (i.e., primary officer, reasonable suspicion/probable cause cases, etc.). b. Specific details re: “high narcotics area” (in cases where this generated the investigation). c. Explain the nature of the investigation (i.e. buy/bust, vice sting, routine patrol, etc.). d. Explain observations, actions, responses, and opinions (based on facts). e. Probable cause must be clearly stated. f. Specific location for all recovered evidence (including dominion and control for the area or basis for believing it was the suspect’s clothing, etc.). g. All field tests and the results. h. Specific times and time periods must be clearly stated. i. Descriptions of suspects involved and their names. Superform Effective Date: 11/21/07 Page 1 of 11 Section 15.150 Narcotics 1. E. G. H. I. a. The suspect’s true identity is in question. b. The suspect lacks a verified King County address and the cooperation of a responsible third person that will always know how to contact the detainee. c. The suspect has a prior felony conviction within five years or pending charges of violating the Uniform Controlled Substance Act, or two or more prior failures to appear in court. d. The suspect has prior drug related charges. Certification of Probable Cause 1. F. Criteria officers should consider when documenting the objections to release section are: Complete a Certification of Probable Cause. If possible, the officer should sign his/her name with a blue pen so that detectives and/or prosecutors can recognize the original certification easier. WSP Crime Laboratory Division Drug Analysis Request (WSP-CL-442) 1. Complete a separate laboratory request for each suspect that possessed the narcotics. 2. Place the item you most want tested on the first line of the request. The laboratory will generally only test the first item. Photographs 1. Take two Polaroid photographs of the suspect. 2. Label the photos with the suspect’s information and the General Offense Number (GON). Field test suspected narcotics. 1. Conducting field tests on unknown substances demands caution. 2. Avoid handling unknown substances, especially those in powdered form. Many noxious materials are water-soluble and may be absorbed through the skin. 3. Always perform narcotics field tests in well-ventilated areas. Avoid doing field tests in vehicles. Compile an Alert packet for the Narcotics Section: 1. Copy of Statements, if completed on paper 2. Copy of the Superform, if completed on paper 3. Original Certification for Determination for Probable Cause 4. Original WSP Crime Laboratory Division Drug Analysis Request (form WSP-CL-442), 5. Copy of Notice of Seizure and Intended Forfeiture (form 1.1.9) 6. Computer Rap Sheets. J Send the General Offense Report to a supervisor for approval and notify the supervisor directly. K. The supervisor shall immediately review the General Offense Report and, after approval, route it for transcription as normal. L. The supervisor will send a VMAIL titled “Alert Packet” to the Narcotics handle and the Records transcription handle. The VMAIL will contain the GON. Page 2 of 11 Section 15.150 Narcotics II. Seizure of Assets A. Drug Money (Also refer to DP&P – Evidence Money Submission) 1. 2. 3. B. In order for money to be legally seized and forfeited, State law (RCW 69.50.505) requires: a. Probable cause exists to show the money can be traced to drug trafficking, or b. The money was intended for the purchase of drugs. Simply discovering money on a person who has been arrested for a narcotics violation does not allow for seizure and forfeiture. a. Seizing money under such circumstances, even with the expectation the arrested person may not claim the money, could result in the invalidation of the seizure laws or a revision which makes them difficult to enforce. b. Do not seize money solely because of proximity of the money to an illegal drug or as a punitive measure. Sums less than $500 generally should not be seized, unless they contain “buy money” with previously recorded bill numbers. Vehicles or Personal Property 1. 2. Seizing vehicles requires either: a. Removing personal property from the vehicle and returning it to the owner, or b. Placing the property into the Evidence Unit for safekeeping. The seizing of vehicles or personal property requires the same threshold of probable cause as seizing money. All seized property must be traceable to a narcotics transaction. a. III. Pagers, firearms, and marijuana grow equipment should not be seized for forfeiture purposes. Instead, place these items into the property room as evidence. These items are generally not convertible for Department use and seizing them often creates difficulties in the prosecution of the case. 3. Questions about seizing drug money, vehicles, and personal property should be directed to the Narcotics Section. 4. See DP&P - Vehicle Evidence and Seizures for additional information. Special Narcotics Enforcement Programs A. Drug Free Zones 1. 2. General a. The establishment of Drug Free Zones is viewed as a method of deterring drug use and sales within those geographical areas surrounding schools and other special sensitive areas as noted below, by increasing the penalties of these activities within the designated zone. b. In many cases, Drug Free Zone signs are posted on the outermost 1,000 foot boundaries of public and private schools. Penalty/Punishment a. Definition (1) RCW 69.50.435 provides that suspects who manufacture, sell, deliver (or possess with intent to manufacture, sell, deliver) controlled substances are subject to twice the fine and increased imprisonment Page 3 of 11 Section 15.150 Narcotics than is ordinarily mandated if the offense occurred in one of the 10 circumstances listed below. (2) 3. In a school (b) On a school bus (c) Within 1,000 feet of a school bus route stop (d) Within 1,000 feet of perimeter of school grounds (e) In a public park (f) In a public housing project designated by a local governing authority as a drug-free zone. (g) On a public transit vehicle (h) In a public transit stop shelter (i) At a civic center designated as a drug-free zone by the local governing authority (j) Within 1,000 feet of the perimeter of a facility designated under (i) above. Completed General Offense Reports should clearly establish the time and location where the arrest took place. When possible, the name of the school for which the Drug Free Zone has been established should also be included. The General Offense Report shall be marked with a “Drug Free Zone” special study flag. (1) Citing or arresting suspects for drug trafficking in School Drug Free Zones must be noted in General Offense Reports so the prosecutor may seek expanded sentences. (2) School hours are considered when applying the enhanced sentencing. Delivery, manufacture, or possession with intent between the hours of 7:00 AM and 6:00 PM weekdays are considered to be in violation of the Code. (3) Drug Free Zone maps are available at each precinct showing designated drug free school bus stops. Stay Out of Drug Area (SODA) for Adults 1. 2. Page 4 of 11 (a) Processing a. B. The double penalty applies: General a. A court order prohibiting a person, who is involved in narcotic activities, from entering or remaining in a designated SODA area. b. The SODA order may be in effect for the duration of the court’s jurisdiction, or until trial if the order was issued as a condition over the person who is the subject of the order, or as a condition of release from custody. c. A person in violation of a SODA order may be found in contempt of court if the order was issued as a condition of release from custody. d. If the SODA order is issued as a condition of probation or parole, the person may be held for parole/probation violation. Arraignment/Sentencing Section 15.150 Narcotics 3. a. The majority of misdemeanor SODA orders will be issued on Drug Traffic Loitering and Marijuana cases. However, if there is strong evidence to support that the crime committed was related to narcotics and the defendant was a known narcotic offender to the arresting officer, a SODA order could be granted at the time of sentencing. b. In Superior Court SODA orders can also be issued at the time of arraignment, and as a probation condition after sentencing for VUCSA. The King County Prosecutor’s Office will also request SODA orders whenever appropriate. Processing a. Personnel from the Narcotics Section will pick up the SODA orders daily and will deliver them to the Identification & Photo Lab Unit and Communications Section. b. Officers may check for SODA conditions on a suspect through the Communications Section. c. A copy of the SODA restrictions may be obtained from the Identification & Photo Lab Unit during normal business hours or the Records Files Unit after hours. A copy of the restrictions may be faxed to the precinct for an officer. d. Adult SODA Arrests (1) (2) When preparing the paperwork for a SODA order violation, complete a General Offense Report using the original GON. A completed Superform including a “Statement of Probable Cause: Non-VUCSA” is also required. (a) When filling out the “Statement of Probable Cause” portion of the Superform, identify the SODA area and the precinct in which the offense occurred. (b) Process the Polaroid photographs as prescribed in DP&P. A copy of the SODA order must be taken to King County Jail. (3) Officers will send the General Offense Report to a supervisor for approval and notify the supervisor directly. Officers will also deliver a copy of any paper documents to the Narcotics Section in an Alert packet. e. (4) The supervisor will immediately review the General Offense Report and, after approval, route it for transcription as normal. (5) The supervisor will also send a VMAIL titled “Alert Packet” to the Narcotics Section and the Records transcription handle. The VMAIL will contain the GON. Arrest for SODA Violations in Conjunction with VUCSA Arrest (1) Officers must complete a General Offense Report for a VUCSA arrest and also a short General Offense Report for the SODA arrest using the original SODA GON. (2) Officers will send the General Offense Report to a supervisor for approval and notify the supervisor directly. Officers will also deliver any paper documents to the Narcotics Section in an Alert packet. (3) Officers will book the suspect into King County Jail and charge the person with “Investigation of VUCSA”. Request an alternate charge of “Probation Violation SODA” if the felony charge is declined. Page 5 of 11 Section 15.150 Narcotics (4) The supervisor will immediately review the General Offense Report and, after approval, route it for transcription as normal. (5) The supervisor will also send a VMAIL titled “Alert Packet” to the Narcotics Section and the Records transcription handle. The VMAIL will contain the GON. C. Stay Out of Drug Area (SODA) for Juveniles 1. Use the following procedure when arresting a juvenile for VUCSA in a SODA zone. a. Complete a Superform, including the affidavit of probable cause and signature. Include in the affidavit the specific SODA zone and the precinct where the offense occurred. b. Include statement confirming the positive field test for the controlled substance. (1) 2. IV. c. Complete a General Offense Report, Statements, and Superform. d. Send a copy of the Superform to the Narcotics Section in an Alert packet. e. Photograph and fingerprint the suspect. f. Book the suspect into the King County Youth Service Center for “Investigation of VUCSA”. Provide the original Superform to booking staff at in-take. Arrests for SODA Violations a. Verify the SODA Zone order through the Identification & Photo Lab Unit. b. Complete a General Offense Report, Officer Statement, and Superform. c. Book the suspect into the King County Youth Service Center for “Investigation of SODA Violation. Provide the original Superform to booking staff at in-take.. Offender Programs A. B. Drug Court 1. Eligible defendants for Drug Court will have the option of attending court monitored drug treatment. Treatment includes inpatient or intensive outpatient counseling, random urinalysis and twelve-step meetings. The program also requires monthly Drug Court review hearings and the payment of restitution, if applicable. The defendant must agree to allow the judge to make a determination of guilt based on review of the police report, if they fail the treatment program. Should the defendant successfully complete the approximate year-long program, the charges will be dismissed. 2. Direct questions to the Drug Court Liaison, under the Employee/Community Bureau. Juvenile Drug Court 1. V. Include in the statement the background of the officer who conducted the field test, including applicable training and number of times they have done successful field tests. King County Juvenile Drug Court also has eligibility criteria and program requirements. In addition to attending court monitored drug treatment, participants are required to attend school or a GED program and obey home rules. Juvenile Drug Court review hearings take place weekly instead of monthly. Drug Traffic Loitering A. Page 6 of 11 General Section 15.150 Narcotics 1. B. A person commits the crime of Drug Traffic Loitering (DTL) under SMC 12A.20.050 if they remain in a public place and intentionally solicit, induce, entice, or procure another to engage in unlawful conduct contrary to: a. Revised Code of Washington (RCW) Chapter 69.50 Substances Act), b. RCW Chapter 69.41 (Legend and Prescription Drugs), or c. RCW Chapter 69.52 (Imitation Controlled Substances). (Uniform Controlled 2. A person’s possession of needles and other items obtained from or exchanged at any needle exchange program sponsored by the Seattle-King County Health Department, and hypodermic syringes or needles in the possession of a confirmed diabetic, shall not be considered in determining whether the suspect intended to engage in Drug Traffic Loitering. The ordinance specifically excludes such items from the definition of “Drug Paraphernalia”. 3. This Ordinance may be enforced only by officers who have been specifically trained in its use. Operational Procedures 1. In completing General Offense Reports, officers should take special note of circumstances that may be considered in determining whether individuals are in violation of SMC 12A.20.050. A “DTL Worksheet” may be used to assist in the collection of detailed information related to the arrest. 2. General Offense Report details (Intent and Remain) 3. a. Sufficient evidence of the suspect’s intent to engage in unlawful drug activities must be outlined with as much detail as possible in the General Offense Report. b. Articulation must also establish that the suspect remained in a public place (e.g., park, street, alley, etc.) for a substantial period of time. c. Guidelines (1) State exactly how long the suspect was under observation. (2) State the type of observation used by the officer (e.g., binoculars, rooftop surveillance, etc.). (3) Outline the time frame and sequence of observation. (4) Detail how many contacts the suspect made and details of the contacts (e.g., exact location, description of other person(s), etc.). (5) If packages were observed or exchanged, detail what the packages looked like and if the packaging is consistent with narcotics. (6) If currency was found on the person of the suspect, detail the denominations, where the currency was found, and whether it was wadded up or folded. (7) Describe the suspect’s actions (e.g., gestures or use of electronic communication devices). Documentation of officer’s conclusions a. Articulate how the area is one of high drug-trafficking activity (e.g., SODA). b. Indicate when officers have observed the same suspect engage in similar types of contacts at the same location on recent previous occasions. Page 7 of 11 Section 15.150 Narcotics c. 4. Documentation of officer’s experience and training a. C. D. Documentation of officer’s experience and training should be detailed in the General Offense Report, including number of previous narcotic related arrests made, hand to hand buy experience, ACT experience, etc. Arrests/Filing 1. Drug-Traffic Loitering arrests which result in the actual seizure of narcotics (and marijuana of more than 40 grams, or packaged in a manner indicating an intent to deliver) should be worked up as investigation of VUCSA. The General Offense Report must indicate, however, that the initial probable cause to arrest and search was based on Drug Traffic Loitering. 2. Suspects found to be in possession of narcotics paraphernalia with substantial residue should be investigated as “Investigation of VUCSA”. 3. Suspected narcotics and narcotic lab requests should not be included in Drug Traffic Loitering arrests. 4. The crime of Drug Traffic Loitering shall be charged by criminal complaint only, not by officer citation. Additional Note 1. VI. Document if the suspect has been the subject of community complaints regarding drug trafficking activities, or how the officers are collectively aware of the narcotics use or trafficking activities of the individual in question prior to the arrest. (“Known Drug Trafficker”, see definition in SMC 12A.20.050.) It should be noted that violation of SMC 12A.20.050 (Drug Traffic Loitering) may be used as a basis for the issuance of SODA Orders, in Seattle Municipal Court, Seattle District Court, or Juvenile Court. Narcotics Paraphernalia A. Due to the wording of the Drug Paraphernalia Statute, the Prosecutor’s Office has found it difficult to obtain a conviction without a positive lab report. B. However, if the lab report returns positive then the suspect is guilty of felony Violation of the Uniform Controlled Substance Act (VUCSA). Therefore, officers will refrain from arresting or citing suspects for drug paraphernalia. C. If officers recover items with enough residue to be tested, the officers should arrest the suspect(s) for VUCSA and complete the case as any other felony narcotics case. VII. Marijuana - Possession of 40 Grams or Less NOTE: Officers should not normally book suspects into jail on the charge of Possession of 40 Grams or Less of Marijuana (RCW 69.50.410(e). Officers should continue to use the Washington State Patrol Crime Lab form for incidents of suspected marijuana residue, marijuana seeds or felony cases. NOTE: Do not issue a Criminal Citation! Seattle Municipal Court is currently handling this offense by General Offense Report ONLY. A. Possession With No Related Criminal Offenses 1. Draw a GON. 2. Complete a General Offense Report. a. Page 8 of 11 List “Narc-Possess-Mariju” in the Offenses block. Section 15.150 Narcotics 3. B. Request that the additional charge of “Possession of Marijuana (< 40 grams)” be filed by the prosecutor, pending marijuana leaf test results. c. Complete a field test on the suspected marijuana and document the results. Place the marijuana into evidence. Possession With Related Criminal Offenses (Suspect Not Booked Into Jail) 1. Draw a GON. 2. Complete a General Offense Report. 3. C. b. a. List the offenses and “Narc-Possess-Mariju” in the Offenses block. b. Request that the additional charge of “Possession of Marijuana (< 40 grams)” be filed by the prosecutor, pending crime lab results. c. Complete a field test of the suspected marijuana and document the results. Place the marijuana into evidence. Possession of Marijuana with Other Criminal Offenses (Suspect Booked Into Jail) 1. Draw a GON. 2. Complete a General Offense Report. a. List the offense for which the suspect is booked into jail and “Narc-PossessMariju” in the Offenses block.. b. Request that the additional charge of “Possession of Marijuana (< 40 grams)” be filed by the prosecutor, pending crime lab results. c. Complete a field test of the suspected marijuana and document the results. 3. Place the marijuana into evidence. 4. Follow normal arrest and booking procedures for the jailable offense. NOTE: Do not list “Possession of Marijuana (<40 grams)” as a charge on the Superform. D. Felony Arrest and Possession of Marijuana 1. Draw a GON. 2. Complete a General Offense Report. 4. a. List the felony offense(s) and Narc-Possess-Mariju”in the Offenses block. . b. Request that the additional charge of “Possession of Marijuana (< 40 grams)” be filed by the prosecutor, pending marijuana leaf test. c. Complete a field test of the suspected marijuana and document the results. 3. Place the marijuana into evidence. Follow normal arrest and booking procedures for the felony offense. NOTE: Do not list “Possession of Marijuana (<40 grams)” as a charge on the Superform. VIII. Medical Marijuana Act A. The Enforcement Policy for the Washington Stated Medical Marijuana Act (Initiative 692) is predicated on state law. Page 9 of 11 Section 15.150 Narcotics B. IX. When you have detained someone for possession of marijuana and if she/he asserts that she/he is a qualifying medical marijuana patient or primary caregiver, then; 1. Advise the person of their Miranda Rights. Ensure that they understand their rights and the reason for your advisement. (Possession of marijuana remains a federal crime and non medicinal use remains a crime under Washington State law). 2. Require proof of identity, such as a Washington State Driver’s License or Identification Card. 3. Ask them to produce a statement signed by their physician, or a copy of their pertinent medical records which state that, in the physician’s professional opinion, the potential benefits of the medicinal use of marijuana would likely outweigh the health risks for the particular qualifying patient. (Such documentation may also include – but is not required under the law -- verification by the doctor that the patient suffers from a terminal or debilitating illness as defined by state law). C. If a person asserts that they are a primary caregiver, the person must be 18 years of age or older; be responsible for the housing, health or care of the qualifying patient; and possess a written document signed by the patient designating that person as the primary caregiver. D. If the person, whether a patient or caregiver, fails to provide the requested documents or possesses more than a 60 day medical use supply of marijuana, the “Medical Marijuana Act” defense does not apply. E. If the person provides the requested documents, proceed pursuant to the following guidelines: F. Document the person’s identity either as a qualifying patient or primary caregiver. G. Photograph the entire quantity of marijuana to illustrate the amount, size of any plants, the presence of paraphernalia, and any other indicia of usage. If the marijuana is in plant form, photograph the plants and include in the photograph a measurement device to illustrate approximate size. Count the number of plants, photograph and note all equipment used for growing, harvesting, packaging or using marijuana. H. Weigh the marijuana if possible. I. Take a small sample of the suspected marijuana (1 gram) as evidence and field-test the marijuana. Document the results. Test kits for marijuana are available from the Precinct Stationmasters or the Precinct Anti-Crime Teams. J. Photocopy the person’s identification and medical documentation presented as valid documentation as required by Washington State law (originals must be returned to the person; only in the case of stolen documents or obvious forgeries should the originals be placed into evidence). K. Even though the person is not required to respond, ask the person what their daily dosage is and note their response (if any) in the General Offense Report. L. Write a General Offense Report. M. Advise the person that it is a misdemeanor to use or display medical marijuana in a manner or place open to the public and note such advisal in the General Offense Report. N. If you believe that a person (patient or caregiver) who asserts “medical marijuana” does not meet the criteria of the Medical Marijuana Act, it is recommended that you screen the incident with a Narcotics Section sergeant prior to leaving the scene, booking the suspect or seizing any marijuana. O. Narcotics Section sergeants are available 24 hours a day and may be contacted via SPD Communications Section. Narcotics Activity Report Street Checks (NAR Street Check) Page 10 of 11 Narcotics Section 15.150 A. The Narcotics Activity Report Street Check is an intelligence system used by the Department to gather drug trafficking information. B. Department personnel will complete NAR Street Checks when information is received, rather than directing citizens to Communications Section, Narcotics Section, or other precinct personnel. Page 11 of 11 Seattle Police Department Policies and Procedures Title: Section 15.180 Chapter: 15 - Preliminary Investigations 180 - Primary Investigations REFERENCES CALEA standards, 42.1.4, 42.2.1, 70.5.1, 83.1.1, 83.2.1, 83.2.2, 83.2.6, 84.1.1. I. Definition/General A. Primary investigation: The initiation of police action on an incident received as a complaint or one that comes to attention on view. It is the most crucial of investigative tasks because it may determine the success of all subsequent efforts to deal with the problem. 1. Must be as complete and thorough as possible. It must take into account all aspects of the incident regardless of its nature. a. B. The scope of the primary investigation may be very restricted or may constitute the entire investigation of the crime. 1. C. D. II. Officers must ensure that all facts related to the situation are recorded completely and accurately. The primary investigator will take all investigative steps necessary to conclude the Department’s involvement. When possible, one officer will be listed as the primary officer and will sign first on all citations, whenever that officer can testify to the violation(s). 1. That same officer will also perform all tests, such as the BAC Verifier, etc., that result from the incident and the investigation thereof. 2. All officers involved in an investigation are required to cooperate in any subsequent prosecutions or official inquiries where their testimony may be needed. All primary investigations, whether received as a complaint or on-view, require a MIR and disposition be given to the Communications Section to document and track the incident. Officer Responsibilities A. Misdemeanor Cases 1. Officers shall conduct and complete a thorough investigation, so that, when possible, follow-up is unnecessary. a. 2. Statements a. Effective Date: 2/22/08 Most misdemeanor cases are filed directly with the Seattle Municipal Court, with no detective follow-up. Statements from victims are mandatory in the following incidents: (1) Domestic violence. (2) Juvenile misdemeanor arrest investigations require written statements from all participants. Statements are also required if an arrest is anticipated, so the case can be more rapidly prepared for prosecution. Refer to DP&P section 2.013 (XI-A-1) Juvenile Investigations & Arrests for complete text and further details. Page 1 of 4 Section 15.180 Primary Investigations Note: If the victim is unable to give a statement due to a medical condition, officers should attempt to take the statement at a later time. b. 3. 4. When practical, take statements from victims, witnesses or suspects in other incidents. Evidence a. Place evidence into the Evidence Unit prior to the end of shift. b. When possible, photograph all evidence retained by its owner and place photographs into the Evidence Unit. c. Document all evidence and its disposition in the General Offense Report, Supplemental Report, or in the "Officer's Report" of the Criminal Citation. Complete necessary reports. a. Officers are required to obtain a General Offense Number (GON) and submit a General Offense Report, or other report, when applicable. (1) b. If a GON already exists, and there are no "new charges", use the existing number. All reports must have complete addresses for suspects, complainants, witnesses, and victims. Document the last known address. The City Attorney requires this information for charging the suspect. (1) Include the permanent residence address (street address, apartment/room number, city, state, and zip code). (a) Military personnel must be identified by unit number and the name of the ship, station, or military installation. (2) If the person is temporarily staying in Seattle, list the temporary address in the narrative. (3) If the person provides more than one address, list the additional addresses in the narrative. (4) B. c. Include accurate home, work, and cellular telephone numbers, including area codes. Include any additional telephone numbers in the narrative. d. If follow-up investigation by an officer leads to sufficient information to identify and charge a suspect in a criminal offense where a General Offense Report has already been completed, complete a Supplemental Report and request charges in the narrative. e. When booking a suspect into King County Jail, complete the entire Superform, including the Statement of Probable Cause. Felony Cases 1. Serious Incident Response a. 2. Refer to Section 3.037 - Serious Incident Response Plan. Other Felonies a. Page 2 of 4 If no address is available, leave the address field blank. Indicate that the person is a transient or has no address in the narrative. Investigation Section 15.180 Primary Investigations b. (1) In minor felony cases, the primary officer will conduct as thorough an investigation as is practicable. (2) If the primary investigation will require an unusual amount of time out of service or will extend beyond the precinct boundaries, the officer(s) involved will confer with their supervisor. (3) Except in unusual circumstances, an investigation will not extend beyond a normal shift. Statements (1) (2) Statements from witnesses and victims are required in the following cases: (a) Domestic violence. (b) Juvenile felony arrest investigations require written statements from all participants. Statements are also required if an arrest is anticipated, so the case can be more rapidly prepared for prosecution. Refer to DP&P section 2.013 (XI-A-1) Juvenile Investigations & Arrests for complete text and further details. (c) Out of state victims or witnesses. (d) Victims or witnesses without a permanent address. In all other investigations, statements from involved persons should be taken when it is practical to do so, or if a prosecution is likely. (a) (3) c. (2) It is the primary officer's responsibility to process their crime scene(s), collect available evidence, and enter it into the Evidence Unit prior to the end of shift. (a) Only evidence that is impractical to collect or enter into Evidence Unit should be retained by the owner. (b) Officers should collect the items having the greatest evidentiary value (“Best Evidence”). (c) Photograph all evidence retained by the owner and place the photographs into Evidence Unit. The “chain of custody” should be documented in the General Offense Report and Officer Statement. Arrest/Booking (1) e. Include suspect statements when taken, including any admissions, denials, alibis, or explanations. Evidence (1) d. Victims, witnesses and suspects should be asked for their social security number and whenever provided it must be included in the statement. Do not book suspects into the King County Jail for both felony and misdemeanor charges. Reports (1) When booking into King County Jail, complete the Superform. Page 3 of 4 Section 15.180 Primary Investigations III. When completing the offense block of the Superform, write “Investigation of [offense]” for the felony offense(s)and complete the Certification of Probable Cause. (b) Request additional charge(s) for misdemeanor(s) in the narrative of the General Offense Report. (2) Complete a General Offense Report or Supplemental Report. (3) Document the last known address of the suspect. (4) Complete an Officer’s Statement for each felony case in which you make an arrest, or as necessary to document important details. (a) Document officer’s actions and observations. (b) Route the original Officer’s Statement to the Data Center with the GO Report and any other appropriate paperwork. Patrol Sergeant A. B. IV. (a) On-Scene Supervision 1. Screen felony incidents and ensure that Department procedures are followed. 2. Approve and request Follow-up Unit call outs. Reports 1. Screen all reports for completeness and accuracy. 2. Ensure that reports regarding significant incidents are routed appropriately and that necessary command supervisor notifications are made. Canvas Card (form 16.9) A. Canvas Card (form 16.9) has been created for use by patrol officers and supervisors at major incident scenes. The purpose of the card is to obtain witness information and a brief summary of what a witness saw, or may have seen of an incident or crime. The contact information portion of the card is most critical. B. The card is to be handed to, or forwarded to, the investigation unit or detective that is handling the incident or crime. This would include; officer involved shootings, murders, serious assaults and other serious incidents. The cards have proven very useful in several other major police municipalities in obtaining information from persons at or near a scene, whom for one reason or another could not or would not stay to be interviewed by responding detectives. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 15.190 Chapter: 15 - Preliminary Investigations 190 - Stolen Vehicles REFERENCES CALEA standards, 61.4.3. I. Vehicle Report A. II. The Vehicle Report (form 5.5) shall be utilized when reporting: 1. Theft of a vehicle, where the suspect is unknown to the victim, and the vehicle has not been ‘loaned’ to any party, 2. Theft of one or both license plates, 3. Theft of one or both license tabs, 4. Attempted theft of a vehicle, 5. Recovery of a stolen vehicle, plates, or tabs, and 6. Authorized impounds (other than parking infraction impounds). B. Officers must obtain the complainant’s or victim’s signature on the Vehicle Report when attempted auto theft, auto theft, theft of vehicle plate(s), and theft of license tab(s) is reported. C. When the officer determines that the complainant knows who has their vehicle, it is possible that the vehicle was loaned to another party, and not stolen. The incident may therefore be civil and officers should direct complainants to call SPD Auto Theft at 684-8940 for further investigation. Alternately, citizens may email Auto Theft detectives at SPDAutoTheft@seattle.gov. Officers should not write a Vehicle Report in this instance, but may write an GO Report entitled “Suspicious Circumstances/Auto” should a complainant insist on receiving a case number. Vehicle Theft or Attempted Theft A. Contact the complainant and determine if the vehicle was actually stolen and not loaned. If a vehicle theft report is warranted, proceed with the following procedures: 1. 2. Effective Date: 11/19/07 Complete the Vehicle Report (form 5.5), a. If the complainant does not know the license plate number, take the report and write, “Unknown” in the license plate block. b. Have the reporting party read, initial, and sign the back of the first page (white original copy) for vehicle thefts, attempted thefts, theft of one or both license plates, or theft of one or both license plate tabs. The reporting party is also required to select and initial one of two impound options described on the back. c. Give the 3rd copy (pink) to the complainant. Advise Communications that you have a “signed stolen” as soon as possible after the complainant signs the back of the Vehicle Report, and Page 1 of 2 Section 15.190 Stolen Vehicles 3. III. If a Preliminary Vehicle Report (form 5.1.5), "greenie", has not been completed previously by Communications , contact them by telephone at 625-5011 and report the necessary information. Stolen Vehicle Recoveries A. Determine if the vehicle is driveable and if both license plates are still attached. Relay this information to Communications. B. Complete a Vehicle Report (form 5.5) to document the condition of the vehicle and the circumstances of the recovery. C. For recovered vehicles originally reported stolen within the Seattle city limits, use the original General Offense Number (GON) and: 1. Patrol Officers will request that Communications attempt to contact the owner and have the owner respond to the scene to reclaim the vehicle. Have Communications obtain an estimated time of arrival. If the owner is unable to respond within a reasonable time period, the vehicle may be released to another person specifically authorized by the owner, or 2. When the owner cannot respond or be located, impound the vehicle (at the owners expense) if: a. Previously authorized by the owner, b. The vehicle poses an immediate hazard, or c. It is illegally parked as described in SMC 11.30.040. NOTE: Officers need not stand by if the owner cannot immediately respond, impound has not been authorized, and the vehicle is legally parked. IV. D. Vehicles stolen outside the City shall be immediately impounded at the owner’s expense and a new GON obtained. Document the condition of the vehicle and the circumstances of the recovery. E. Indicate in the “Impound” section of the Vehicle Report whether the owner/complainant authorized the vehicle’s impoundment. F. Leave the owner’s copy of the Vehicle Report with the owner or vehicle. G. Give the tow truck driver the 2nd copy (yellow) of the Vehicle Report if the vehicle is impounded. Impound Fees A. Impoundment, towing, or storage fees shall not be assessed against the owner of a vehicle being held for investigative purposes if the vehicle is reclaimed by the R/O within 48 hours of written notification of release by the Department. B. The City shall not be liable for impoundment, towing, or storage fees of the vehicle if the owner or user is arrested or charged with a crime related to the impound. C. Vehicle owners may contest impound costs in District Court by completing an “Impoundment Vehicle Hearing Request” form, which can be obtained from the tow company. Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 15.200 Chapter: 15 - Preliminary Investigations 200 - Retail Theft Program POLICY The Retail Theft Program (RTP) allows participating stores to handle two common misdemeanor offenses without involving patrol officers. The eligible offenses are theft and trespass. I. II. Procedure A. When a store security officer makes an arrest for theft or trespass, they call the Communications Section to check the suspect’s name and to obtain a General Offense Number (GON). Security then reports the incident on a Security Incident Report (form 5.14A). A detective in the Retail Theft Program reviews the reports and investigates the cases. The detective then forwards the report to the City Attorney’s Office. B. Occasionally, however, misdemeanor theft and trespass incidents involve factors that complicate this process. In these situations, the security officer(s) may call the police for assistance, but they still must complete a Security Incident Report. C. Security will call the police when they have a felony theft (retail value over $250.00). In these situations, security will not write a Security Incident Report. Instead, they will provide witness and value statements. SPD Officer Response A. III. Security will request that the police respond to their business when the offense is a felony; identity cannot be verified; there are additional criminal acts involved; the suspect has a warrant over $150.00; and/or the suspect is a juvenile and the parent cannot be contacted. RTP General Procedures A. You must make an independent determination of probable cause before arresting a suspect. B. If security has obtained a GON, then use that number. 1. IV. When security obtains a GON, they immediately give a MIR and disposition. If you are using the GON security already obtained, advise Communications and they will re-open security’s call (and GON) and assign you to it. Later, you will have to give Communications a MIR and disposition. C. In some misdemeanor theft or trespass incidents, where there are complicating factors, it may be necessary to book the suspect. In these situations security will complete a Security Incident Report and you must complete a General Offense Report. Forward a copy of their Security Incident Report to Data Center. This is important because the original Security Incident Report may not arrive in time for arraignment. D. In misdemeanor theft and trespass situations where the suspect is identified and released, the security officers must complete and submit a Security Incident Report. Their report is all that is needed to charge the suspect. Unidentified Suspects A. If you are able to identify the suspect, security will handle the incident. Record the event and the GON on your unit log. Effective Date: 11/15/07 Page 1 of 3 Section 15.200 Retail Theft Program B. If you cannot identify the suspect: 1. If probable cause exists, take the suspect into custody, a. V. Consider using the AFIS (Automated Fingerprint Identification System). The system is available 24 hours a day to assist officers with checks on persons who cannot be identified through standard means. To request this assistance, contact the Ten-Print Unit at 684-5514 and bring the suspect to the Print Room, on the seventh floor of the Seattle Justice Center. 2. Book the suspect as “John Doe” or “Jane Doe,” including any names that were given to officers as an AKA. 3. Complete a General Offense Report, 4. Forward the Security Incident Report to Data Center. Felony Theft (retail value over $250.00) A. Officers 1. Determine if probable cause exists to book the suspect. 2. Send the General Offense Report to a supervisor for approval and notify the supervisor directly. 3. If suspect, witness, and/or value statements are available, send copies to your precinct’s Burglary / Theft unit in an Alert packet. 4. B. C. Sergeants 1. Immediately review the General Offense Report and, after approval, route it for transcription as normal. 2. Send a VMAIL titled “Alert Packet” to the responsible investigative unit and the Records transcription handle. The VMAIL will contain the General Offense Number Security 1. VI. Send the originals to Data Center. Provide the officer with witness and value statements. If statements are not ready, security will fax the statements to the appropriate Burglary/Theft Unit and will mail the originals to the SPD Data Center. Additional Misdemeanor Crimes A. Determine if probable cause exists to book the suspect. If you decide to book the suspect for additional misdemeanor crimes, you must also book for the theft or trespass. B. Complete a General Offense Report, whether or not there is a booking. 1. Forward the Security Incident Report to Data Center. VII. Warrant Suspects A. Verify the warrant. B. Complete a General Offense Report with “Theft-Shoplift,” “Trespass,” “WarrarrMisdemeanor,” and/or “Warrarr-Felony” listed in the Offenses block. 1. Page 2 of 3 Use the new theft/trespass GON. Do not use an existing warrant GON for the report. Section 15.200 Retail Theft Program 2. C. Reference the warrant GON, warrant number, issuing agency, bail and charge information for the warrant in the narrative portion of the General Offense Report. Also record the probable cause for the theft or trespass charge(s). If SPD issued the warrant(s), link the new report to the original General Offense Report(s). Book the suspect for the warrant(s), the theft or trespass incident, and any other appropriate crime. VIII. Juvenile Offenders A. Security may call the police if they are unable to contact a juvenile’s parent(s) or guardian(s), or if the juvenile is wanted in WACIC/NCIC. 1. Check the juvenile’s name through WACIC/NCIC for warrants and runaway status. 2. Consider if the juvenile would be in dangerous circumstances if released. 3. If the juvenile is a runaway, has a warrant, or would be placed in dangerous circumstances if released, you must take them into custody. 4. If the juvenile is not a runaway, does not have a warrant, would not be placed in dangerous circumstances if released, and their identity has been verified, you may release the juvenile from the scene. a. IX. Additional Resources A. X. The security officer(s) will prepare and submit a Security Incident Report. The detective responsible for coordinating the Retail Theft Program is assigned to Burglary / Theft West, and may be reached at 386-9767. If the detective is not available to render assistance, contact the appropriate Burglary / Theft Unit. Other Circumstances A. If the retail business is not participating in the Retail Theft Program, the officer is responsible for handling the entire incident. B. If the retail business is a participant in the Retail Theft Program, and for whatever reason is not handling the incident under the guidelines of the program, the officer is responsible for handling the entire incident. Handle the incident as if the business is not a participant in the program. The detective responsible for coordinating the Retail Theft Program will address that issue separately. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 16.020 Chapter: 16 - Juvenile Procedures 020 – Child Welfare REFERENCES CALEA 44.2.2 RCW 74.13, 26.44.020, 26.44.110, 26.44.030, 13.32A, 050, 13.32A.060, 13.32A.080. SMC 11.58.195 PHILOSOPHY The State Legislature believes parents should have the right to exercise control over their children unless the child is the victim of abuse or neglect. Police personnel are often the first responders to cases involving children and youth who have been neglected, are in need of adult supervision, or simply need someone to talk to. SPD personnel serve as role models to these kids and often make time to stop by and visit with them. The Department also has a number of programs that operate independently or in conjunction with other service providers to assist youth. Many of our personnel volunteer through their churches, athletic leagues, or other recognized youth programs such as Big Brothers/Big Sisters, Scouting, etc. It is evident that the Department and its personnel are committed to this effort. It is well recognized that dealing with a youth who is troubled or in need of services not only takes a great deal of time but also a degree of expertise and professional training in order to be effective. The Department recognizes and encourages its personnel to offer encouragement and assistance to those children in need and to utilize the services and expertise of specialized units within SPD and others such as DSHS. The Department also commends those officers and support staff who volunteer their time in recognized programs. However, the Department cautions personnel not to exceed their capabilities or authority in handling youth. POLICY The Seattle Police Department will work with the Department of Social and Health Services/Child Protective Services and all other related organizations in combating, reporting and investigating Child Abuse, Missing Children, Runaway Children and Children in Dangerous Circumstances. Keeping in mind the philosophical statement made in this manual section, personnel are generally prohibited from providing any level of service or assistance to youth that is outside of the scope of Department policy or State Law. If a Department employee sees an avenue to assist a youth that is not covered by Department policy or covered by statute, they will screen the incident with their supervisor who will in turn screen the incident with an on duty Commander holding the permanent rank of Lieutenant. If a decision is made to provide a service or assistance outside the scope of Department policy or State Law, the incident will be screened with Child Protective Services. If CPS authorizes the proposed action, the incident will be fully documented. I. Definitions A. "Child," "juvenile," and "youth": means any unemancipated individual who is under the chronological age of eighteen years. B. "Abused or neglected child" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances that indicate that the child's health, welfare, and safety is harmed. C. Extended family member: An adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable and who is willing and available to care for the child. Effective Date: 11/21/07 Page 1 of 5 Section 16.020 Child Welfare II. D. Parent: The person or persons who have the legal right to custody of the child. “Parent” includes custodians, guardians, or birth parents. E. Child in a Dangerous Circumstance: This is the subjective opinion of the officer, based on the child’s physical condition, environment, time of day and situation where the child is encountered. Agencies Involved in Child Welfare A. Department of Social and Health Services (DSHS)/Child Protective Services (CPS): DSHS was created to unite related statewide social and health service programs within a single agency. DSHS programs are designed to protect the general public, as well as persons who are unable to fully care for themselves or meet their own basic needs. The purpose of CPS is to protect children from child abuse and neglect. DSHS/CPS will be contacted whenever an officer has a child in custody resulting from a report of Abuse/Neglect, a Runaway or Child in a Dangerous Circumstance. DSHS/CPS will screen all placements of a child under these circumstances. B. Crisis Residential Center (CRC): A Crisis Residential Center is a secure or semi-secure facility established pursuant to RCW 74.13. A CRC will take a child using this criteria: C. III. IV. 1. The child is 12-17 years old. 2. The child is a reported runaway, is found in dangerous circumstances, or is in violation of a local curfew. 3. The child must not have any outstanding warrants or be in need of immediate medical or psychiatric attention. Approved Youth Shelter: An Approved Youth Shelter means a facility under contract to DSHS, providing room and board in a supervised living arrangement, normally in a group or dormitory setting, to eligible recipients. Verify a shelter’s status with DSHS prior to placing the child. General A. When the Seattle Police Department receives a report of child abuse or neglect, state law (RCW 26.44.030) mandates the Department of Social and Health Services (DSHS) is notified within 24 hours in emergency cases (i.e., where the child is endangered). In all other cases, DSHS must be notified within 72 hours. DSHS is required to notify law enforcement in the same manner when they receive the initial complaint. B. Whenever officers investigate the serious injury of a child involving questionable circumstances, they will contact the Sexual Assault/Child Abuse Unit. C. Members of the community who want to report Child Abuse or neglect may contact either law enforcement or Child Protective Services. D. Community Service Officers can transport children but will not complete General Offense Reports on crimes of child abuse, neglect, or abandonment. E. Officers will complete a Missing Person Report (form 5.1.2) whenever there is a complaint from a parent that their child has left home under circumstances where the parent believes the child has run away, or when receiving a report from a supervising agency that a child has run away from placement. Investigating Child Abuse A. Child Abuse, Neglect and Exploitation is described in RCW 26.44.020. B. Officers responding to reports of child abuse should follow procedures for Primary Investigations. The officers’ first concern should be the immediate health and well being of the child. The officer will call for a medic unit or arrange for transportation of the child to a hospital if immediate medical attention is required. Page 2 of 5 Section 16.020 Child Welfare V. VI. C. In all investigations of Child Abuse, the officer will notify their immediate supervisor. The supervisor will screen the incident and notify the Sexual Assault and Child Abuse Unit. The Sexual Assault and Child Abuse Unit will determine if they will respond to the location and may advise the supervisor on how to investigate the incident if they do not respond. D. Document all incidents of Child Abuse on a General Offense Report. Protective Custody of Abused or Neglected Children A. RCW 26.44.050 states that a law enforcement officer may take a child into custody without a court order if there is probable cause to believe that the child is abused or neglected. The law enforcement officer is authorized to photograph the child for providing documentary evidence of the physical condition of the child. B. When an officer takes a child into protective custody, they will screen the incident with their supervisor. C. DSHS/Child Protective Services has no statutory authority to retain, return, shelter, or otherwise act on behalf of a child who has not been placed into CPS custody. CPS may ask law enforcement to take a child into custody without a court order if they believe that a child is at risk for further abuse or that the child’s caretaker may hide or flee with the child to avoid investigation of Child Abuse. D. RCW 26.44.110 requires that officers taking children into custody without a court order must leave a written statement with the caretaker or in the residence from which the child was taken into custody if no caretaker is available. Officers will complete a Custody Without Court Order (form 9.45) and leave it at the residence or with the caretaker. E. If the child is not admitted into the hospital, the police officer will arrange placement of the child with CPS. Child Protective Services must approve all field placements of children taken into protective custody for abuse or neglect. F. Officers must adhere to the following procedures when taking a child into protective custody: 1. Determine if there is a person capable and willing to take care of the child. This person could be a friend or a relative of the child. 2. Call the CPS centralized intake office at 1-800-609-8764 and then press ‘9’ for day time intake and 1-800-562-5624 and press ‘9’ for after hours intake. This will alert the Central Intake social workers that law enforcement is waiting on the telephone line. Explain the circumstances to the Central Intake social worker and provide the following information. a. If a person is available to care for the child, CPS will need all of this person’s information. CPS will complete a records check and determine if the child can be placed with the person. Document all contact with CPS in the General Offense Report including the name of the person who received the intake information. b. If there is no one to place the child with, the Central Intake social worker will research available placement. If CPS is unable to place the child within 30 minutes, a CPS Field Response worker will respond to the officer’s location to assume custody of the child. Document this information in the General Offense Report, including the name of the person who responds to take custody of the child. c. If it is immediately apparent that the police cannot adequately care for the child, or equipment is unavailable to safely transport the child, inform the Central Intake worker and a Field Response worker will respond to the location. Runaway Children and Children in Dangerous Circumstances Page 3 of 5 Section 16.020 Child Welfare A. RCW 13.32A.050 and RCW 13.32A.060 covers law enforcement’s authority and the procedures for taking Runaway and Children in Dangerous Circumstances into custody. You must take children into custody under the following four circumstances: 1. Runaways from home. The child is a reported runaway or a law enforcement agency has been notified by the parent of the child that the child is absent from parental custody without consent. 2. Children in dangerous circumstances. You reasonably believe that a child is in circumstances which constitute a danger to the child’s safety. 3. Runaways from a supervising agency. An agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement. 4. A law enforcement agency has been notified by a juvenile court that probable cause exists to believe that the child has violated a court placement order or a court order has been issued that directs the police to take the child into custody. If you take custody of a child based on probable cause that the child has violated a court placement or based on a court order to take the child into custody, take the child to the King County Youth Services Center (YSC). B. Tell the child why you are taking them into custody. C. Screen the incident with a supervisor. D. Only the minimum amount of force necessary to ensure the care and control of the child shall be used. Arbitrary use of handcuffs or other physical restraints is not permitted. E. In the case of Runaways and Children in Dangerous Circumstances, an officer is immune from liability if, acting in good faith, they: 1. Fail to take a child into custody. 2. Take a child into custody. 3. Take a child to DSHS, CRC, or a location approved by DSHS. 4. Release a child to a person at the request of a parent. VII. Custody Disposition of a Runaway Child or a Child in a Dangerous Circumstance. A. When an officer takes a Runaway or a Child in a Dangerous Circumstance into custody they will attempt to contact the child’s parent. If the parent wishes to take custody of the child, transport the child to the parent. The parent may also choose to have you take the child to an adult extended family member, responsible adult, or a licensed youth shelter. If you release the child to a parent or other acceptable person, give the child and the person taking custody of the child a Runaway Brochure, (available at each precinct). B. An officer can take a Runaway or Child in a Dangerous Circumstance to a Crisis Residential Center, or to DSHS if the child does not meet the CRC criteria, in the following circumstances: Page 4 of 5 1. The parent of the child can not be contacted. 2. The parent of the child has been contacted but declines to take custody of the child and declines to direct you to an acceptable person or youth shelter. In this situation, complete a General Offense Report with “Child-Abandon” listed in the Offenses block. Link the General Offense Report to previous runaway reports and list the General Offense Numbers in the narrative.. 3. The parents have been contacted but it is not practical to transport the child to their location and there is no other acceptable person or youth shelter. 4. If the child expresses fear or distress at the prospect of being returned to their home, or the officer believes that that child will be endangered by being returned home. If the officer Section 16.020 Child Welfare suspects, or the child reports either child abuse or neglect, follow the procedures for investigating Child Abuse. C. Harboring a Minor 1. If you have a reasonable suspicion a child is being harbored, remove the child from the custody of the person harboring the child and take appropriate enforcement action (RCW 13.32A.080 Unlawful Harboring a Minor is a gross misdemeanor). D. If a child is a reported runaway from a Supervising Agency, take the child into custody, contact the parents and return the child to a CRC or to DSHS. E. Do not keep a child in custody beyond the amount of time reasonably necessary to investigate the incident, transport the child to a destination authorized by law, and place the child at that destination. F. If you take a Runaway or child in a dangerous circumstance into custody, complete a General Offense Report. At CRC/DSHS you will fill out a transfer of custody form. Get a copy of this form from the agency and forward it to Data Center. 1. A Supplemental Report may be used if there is already a General Offense Report on file. 2. See subsection IX of this manual section for offenses and MIRs. VIII. Transporting Children A. IX. Children should be transported in the appropriate restraint device depending on their age and weight as described in SMC 11.58.195. If an officer does not have access to the proper child safety restraint, they should call CPS for assistance. Offenses and MIRs Type of Incident Offense MIR Child Abuse/Child Neglect “Child-Abused” 150 Runaway From Home or a Supervising Agency “Runaway” 364 Children in Dangerous Circumstances “Child-Endangerment” 151 Probable Cause “Runaway” 364 Court Order or Warrant “Warrarr” 192 Harboring a Minor “Child-Harbor Minor” 152 Parent Refusing to Take Custody “Child-Abandon” 150 Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 16.030 Chapter: 16 - Juvenile Procedures 030 – Children in Dangerous Circumstances POLICY The 1995 Legislature enacted a bill amending the law regarding children who are in dangerous circumstances or runaways. Generally, the Legislature intends to create a system that will allow parents to regain custody of their children whenever possible. The legislature believes parents should have the right to exercise control over their children unless the child is the victim of abuse or neglect. The legislature recognizes that for chronic runaways, secure facilities (called “Crisis Residential Centers” or “CRCs”) must be provided to assist parents and protect children. Completely secure facilities, however, have not yet been built. Until they are, children who must be placed in a facility shall be taken to the Department of Social and Health Services (DSHS) [2809 26th Ave. S.]. I. II. Definitions A. Child: Any unemancipated individual who is under the age of eighteen years. B. Custody: Care and control of any person or thing. C. Extended family member: An adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable and who is willing and available to care for the child. D. Parent: The person or persons who have the legal right to custody of the child. “Parent” includes custodians, guardians, or birth parents. Investigating Runaway Incidents A. III. Complete a Missing Person Report (form 5.12) whenever you receive a complaint from: 1. A parent that their child has left home under circumstances where the parent believes the child has run away, or 2. A supervising agency (for example, a CRC) that a child has run away from placement. Children in Dangerous Circumstances and Runaways A. You must take children into custody under the following four circumstances: 1. Runaways from home, a. 2. Children in dangerous circumstances, a. 3. Effective Date: 11/21/07 If you reasonably believe, considering the child’s age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child’s safety. Runaways from a supervising agency, or a. 4. If a law enforcement agency has been notified by the parent of the child that the child is absent from parental custody without consent. If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement. If a law enforcement agency has been notified by a juvenile court that: Page 1 of 3 Section 16.030 Children in Dangerous Circumstances B. b. An order has been issued that directs the police to take the child into custody. Only the minimum amount of force necessary to ensure the care and control of the child shall be used. Arbitrary use of handcuffs or other physical restraints is not permitted. Information to be Provided A. V. Probable cause exists to believe that the child has violated a court placement order, or Use of Force 1. IV. a. Inform the child of the reason for taking them into custody. Disposition of Children In Custody A. Runaways and children in dangerous circumstances: 1. 2. Return the child to their parent(s), or a. If possible, contact the child’s parent(s). If the parent wishes to take custody of the child, transport the child to the parent. b. The parent may also choose to have you take the child to an adult extended family member, responsible adult, or a licensed youth shelter. c. If you release the child to a parent, or other acceptable person, give the child and the person taking custody of the child a CSO Runaway Brochure, (available at each precinct). Take the child to DSHS in the following circumstances: a. If you cannot contact a parent, b. If the parent declines to take custody of the child and declines to direct you to an acceptable person or shelter. (1) Officers should complete a General Offense Report with “ChildAbandon” listed in the Offenses block. (2) Link the General Offense Report to previous runaway reports and list the General Offense Numbers in the narrative. c. If it is not practical to transport the child to their parents or other acceptable person or shelter, or d. If the child expresses fear or distress at the prospect of being returned to their home which leads you to believe there is a possibility that the child is experiencing some type of abuse or neglect. (1) B. Harboring a Minor 1. C. Page 2 of 3 If you have a reasonable suspicion a child is being harbored, remove the child from the custody of the person harboring the child. Runaways From Supervising Agencies 1. D. Investigate and document as required any allegations of abuse or neglect. If you take custody of a child who has run away from a supervising agency, take the child to DSHS. Probable Cause or Court Order Section 16.030 Children in Dangerous Circumstances 1. VI. If you take custody of a child based on probable cause that the child has violated a court placement, or based on a court order to take the child into custody, take the child to the King County Youth Services Center (YSC). Duration of Custody A. Do not keep a child in custody beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. VII. Reporting A. If you take a child into custody, use the following reporting procedure: 1. Complete a General Offense Report or Supplemental Report. a. A Supplemental Report can be used if there is already a General Offense Report on file. See subsection IX of this manual section for Offenses and MIRs. B. When you take a child to DSHS, complete and give their personnel the “DSHS Law Enforcement Referral Sheet.” 1. Get a photocopy of this completed form from them. C. If you believe there is a possibility that the child is experiencing some type of abuse or neglect, indicate this and list your reasons in the report. List the offenses “Child-Abused” or “ChildNeglect” in Offenses block in addition to any other offenses. D. Forward the copy of the "DSHS Law Enforcement Referral Sheet" to Data Center. VIII. Immunity from Liability A. IX. If you act in good faith you are immune from liability when: 1. Failing to take a child into custody, 2. Taking a child into custody, 3. Taking a child to DSHS, or 4. Releasing a child to a person at the request of a parent. Offenses and MIRs Type of Incident Offense MIR Runaway From Home or a Supervising Agency Children in Dangerous Circumstances Probable Cause Court Order or Warrant Harboring a Minor Parent Refusing to Take Custody “Runaway” “Child-Endangerment” “Runaway” “Warrarr” “Child-Harbor Minor” " Child-Abandon” 364 151 364 192 152 150 Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 16.040 Chapter: 16 - Juvenile Procedures 040 - Juvenile Investigations & Arrests REFERENCES CALEA Standards: 1.2.7, 44.1.1, 44.1.3, 44.2.2, 44.2.3, 82.1.1, 82.3.7 PHILOSOPHY Suppression of crime and preserving of peace in our communities begins with the attention given our youth in their day-to-day activities and the appropriate response to criminal behaviors. All officers are allowed some latitude and discretion in determining the disposition of juvenile offenders. Officers should exercise reasonable discretion when choosing different options that are available. Officers will support the principles behind promoting juvenile programs throughout their community and continue fostering positive ideals for youth. Please refer to DP&P -Child Welfare for additional information on the reporting and investigation of Child Abuse, Missing Children, Runaway Children and Children in Dangerous Circumstances. I. Definitions A. Juvenile: An individual who is under the age of eighteen (18) years and who has not been previously transferred to adult court jurisdiction. B. Minor: An individual who has not attained the age of twenty-one (21) years. C. Status offender: A juvenile status offender is a juvenile that is taken into police custody for an offense that would not be a crime if committed by an adult, this includes: truancy, curfew violations, runaway and underage possession or consumption of tobacco and alcohol products. A juvenile will also be handled as a status offender if they are arrested on a warrant where the underlying crime for the warrant is a status offense. D. Non-offender: A juvenile non-offender is a juvenile under the jurisdiction of the juvenile court for reasons other than legally prohibited conduct, such as abuse, neglect or dependency. E. II. Guardian: A person designated by the court as being responsible for the child in the same manner as a parent (e.g. foster parent). In some cases, a parent may not be the legal guardian. Capability of Children to Commit Crimes (RCW 9A.04.050) A. Child under eight years of age is incapable of committing a crime. B. Child eight through eleven years of age is presumed to be incapable of committing a crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act, and to know that it was wrong. C. Criminal acts involving a juvenile eight through eleven years of age are to be reported on a General Offense Report regardless of their capability to commit the offense (citations will not be issued). D. If a criminal act is committed by a juvenile under the age of eight, a General Offense Report can be completed to document police interaction with the child and parent/guardian. Effective Date: 11/8/07 Page 1 of 12 Juvenile Investigations & Arrests III. Section 16.040 Police Authority In Juvenile Matters A. Officers have the primary responsibility for considering the welfare and protection of every juvenile they encounter. In dealing with juvenile offenders, the least coercive among reasonable alternatives shall be used, keeping public safety, order, and liberties of all persons as the priority. When officers are choosing different alternatives, they should take certain factors into consideration: 1. The nature of the offense. 2. The age and circumstances of the offender. 3. The prior record of the offender. 4. The availability of community-based rehabilitation programs. 5. The likelihood that the alternative choice will satisfactorily resolve the problem. B. Officers have a responsibility to take action in criminal and non-criminal situations involving juveniles, to include juveniles who are abused, neglected, requesting help, in physical or psychological danger, in at-risk situations, or are perpetrators or victims of crime. C. When a juvenile offender presents an immediate danger to themselves or others, he shall be placed in secure custody and transported with minimal delay to the appropriate facility. In non-criminal matters, juveniles should be taken to Harborview Hospital for assessment. IV. Juvenile Follow-Up Units A. The decentralized Juvenile Units at each Precinct are responsible for the investigation of most crimes when the suspect is under the age of eighteen years. The Juvenile Units do not handle the following crimes: B. V. 1. Homicide, 2. Arson, 3. Felony Narcotics, 4. Child Abuse, and 5. Cases involving runaways, truants, and traffic infractions involving juveniles 16 and over or violations. 6. Sex crimes involving family or household members. 7. Sex crimes where the location was at an institution. (i.e. schools, hospitals, group home etc.). The Juvenile Units will also provide investigative support to other specialty units when they are investigating cases involving juvenile suspects. Investigating and Reporting Juvenile Complaints A. The majority of complaints investigated and initial contacts made with juveniles can be handled completely by the primary investigating officer. A General Offense Report will be completed on all juvenile complaints and must state how the matter was adjusted. Page 2 of 12 Juvenile Investigations & Arrests VI. Section 16.040 1. Minor incidents can be adjusted with a cooperative parent/guardian when the officer believes, because of age, prior record, and good attitude of the juvenile, that the juvenile is not likely to be a future problem. Cooperation, honesty and an admission of guilt by the juvenile are necessary elements in any case adjustment. 2. If the officer believes the juvenile should not be charged they must send a Memorandum to the Juvenile Unit articulating the reasons why the juvenile should not be charged. Rights of Juveniles A. Reasonable effort should be made to notify the parent/guardian of a juvenile in custody as soon as practical. Notations in the reports should include whether or not notification was made to the parent/guardian. B. Juvenile suspects arrested for specific offenses shall be afforded the same civil rights as an adult. In advising juveniles of their rights, officers shall include the additional warning to juveniles on the current Explanation of Rights (form 9.28.1). C. Custodial interrogations of a juvenile shall not extend over periods of time that could be considered unreasonable or harassing. The interrogation shall be conducted by only those officers/detectives that are actively involved in the investigation. If the juvenile requests an attorney, the interrogation must cease until an attorney is present. D. A parent or guardian must be present and must waive the rights of a juvenile under the age of 12. E. In interrogations involving juveniles over the age of 12, officers/detectives should determine, given the totality of the circumstances, whether the juvenile is capable of a knowing waiver without any parental guidance. Totality of the circumstances includes considering the suspect’s age, educational level, medical needs, disabilities or drug/alcohol use, as well as the time of day and place of interview. F. Officers and detectives should reasonably accommodate a parent or guardian’s request to be present during an interrogation of their child. However, in those instances where a juvenile is able to independently understand and waive the Miranda rights, the adult(s) may be excluded if their presence can be shown to be either coercive or inhibiting. VII. Juvenile Declines A. The juvenile courts shall have exclusive original jurisdiction over all proceedings relating to juveniles alleged or found to have committed offenses or violations. B. If the juvenile court transfers jurisdiction of a particular juvenile to adult criminal court the juvenile is considered to have been “declined upon.” This means that should such a juvenile be arrested for another crime after having been declined upon, the juvenile will be handled in adult court. C. Once a juvenile is declined upon, they are considered always declined upon, with the exception of prior traffic offense declinations which are not to be considered “prior declines”. D. When arresting a juvenile who has been previously declined, treat them as an adult and place them in King County Jail, if detention is necessary. 1. A copy of the decline papers must be presented when booking a juvenile into the King County Jail. 2. If the papers are not available, or it is not positively known that the juvenile has been declined upon, take the juvenile to the Youth Service Center for detention. Page 3 of 12 Juvenile Investigations & Arrests Section 16.040 VIII. Non-criminal Custody (refer to DP&P - Child Welfare) A. An officer may take a juvenile into non-criminal custody when: B. C. 1. The Department has been contacted by the parent/guardian and notified that the juvenile is absent from parental custody without permission (runaway); or 2. An officer reasonably believes a juvenile is involved in circumstances, which constitute a danger to his/her physical safety. (RCW 13.32A.050). 3. The juvenile is the subject of an ‘at-risk’ warrant. An officer taking a juvenile into custody for the above shall inform the juvenile of the reason for such custody, and shall either: 1. Transport the juvenile to his home, and when releasing the juvenile to the parent/guardian, inform the parent/guardian of the reason for the taking of the juvenile into custody; or 2. Take the juvenile to a designated crisis residential center, or the home of a reasonable adult if: a. The juvenile is in fear, or distress, at the prospect of being returned to the parent’s/guardian’s home; b. The officer believes there is a possibility that the juvenile is experiencing some type of child abuse or neglect in the home; c. It is not practical to transport the juvenile to his/her residency; or d. There is no parent/guardian available to accept custody of the juvenile. An officer taking a juvenile into custody after the Department has been notified by an agency legally charged with the supervision of juveniles that the juvenile has run away from a placement center will take the juvenile to a designated crisis residential center. D. If the Department has been notified by Court to take a juvenile into custody, the juvenile will be placed in detention at the Youth Service Center. E. Police custody shall not extend beyond the amount of time reasonably necessary to interview/interrogate or transport and place the juvenile into an authorized detention facility or residence. F. The intent of the law concerning runaways is that officers will intervene when they encounter a runaway and that the runaway will be reunited with their family whenever possible. IX. Unlawful Harboring of a Minor A. A person commits the crime of contributing to the dependency of a child under the age of 18 if the person provides shelter to a minor, after the person knows the minor is a runaway, and the person intentionally: 1. Fails to release the minor to an officer after being requested to do so by the officer; 2. Fails to disclose the location of the minor to an officer after being requested to do so by the officer, when the person knows the location of the minor and has either taken the minor to that location, or has assisted the minor in reaching that location; or Page 4 of 12 Juvenile Investigations & Arrests X. 3. Obstructs an officer from taking the minor into custody; or 4. Assists the minor in avoiding, or attempting to avoid, the custody of the officer. Section 16.040 Police Detention of Juveniles A. Status offenders and non-offenders should not be secured in a locked holding cell. These type of detentions should be conducted in an ‘unsecured area’ (e.g. non-locking interview room, precinct lobby, write-up room). Circumstances may require a status offender or non-offender to be placed in a locked cell, (e.g. officer’s safety). When this occurs the reason should be documented on the Juvenile Detainee Log Sheet and the General Offense Report. B. If a juvenile is taken into custody for a status offense or a non-offense, but further investigation reveals a criminal offense, list the criminal offense on the Juvenile Detainee Log Sheet if placed in a locked cell. C. Detained juveniles must be separated from adults by sight and sound when held in the same area. D. The Juvenile Detainee Log Sheet must clearly indicate if the detainee was held in a cell or not secured “NS”. “Not Secured” means placed in any location other than a locked holding cell (e.g. unlocked interview room, precinct lobby, write up area). XI. Arrest and Release A. Officers may arrest a juvenile for a criminal offense if grounds exist for the arrest of an adult in identical circumstances. 1. The primary officer shall obtain statements from all the participants who are present during juvenile misdemeanor and juvenile felony arrest investigations. Locating and obtaining statements from participants who are not present is not mandatory but is encouraged. The primary officer shall obtain or arrange to obtain statements from victims, witnesses, officers and suspects (if willing) for the following investigations that involve an arrest: a. Any investigation of a felony crime where a juvenile is arrested. b. Any investigation of a misdemeanor crime where a juvenile is arrested. c. If any of the above investigations do not involve an arrest but an arrest is anticipated, the case can be more rapidly prepared for prosecution if statements are taken. d. Do not take statements from any of the following: (i.) Victims of rape, regardless of age. (ii.) Juvenile suspects under the age of 12 unless a parent or guardian is present and waives the juvenile’s rights. B. Parental Notification 1. Officers will make a reasonable effort to notify a parent or guardian as soon as possible after a juvenile has been taken into custody for any reason, and include this information on any police report(s). The officer can inform the child’s parent or guardian of circumstances surrounding the custody, the location of the child and the rights and responsibilities concerning the child’s detention or placement. Page 5 of 12 Juvenile Investigations & Arrests C. Section 16.040 The arrest may be resolved by: 1. Writing a General Offense Report and Officer Statement in all felony cases, and releasing the juvenile to a parent or guardian. 2. Writing a General Offense Report and Officer Statement in misdemeanor cases and releasing the juvenile to a parent or guardian. 3. Issuing a Washington Uniform Notice of Infraction or Criminal Citation and releasing the juvenile. See: Procedures and Tactics 038-Tickets. 4. If several juveniles are arrested regarding the same incident, all can be charged from a single General Offense Report. a. Officers will include sufficient details on the report or citation to establish the criminal involvement of each juvenile being charged and to support the case for trial in the officer’s absence. D. Citations E. 1. Citations for juvenile offenses may only be issued in accordance with current Department policy. 2. Citations will not be written when a General Offense Report, or other report, is written for the same incident. 3. Citations are not routinely investigated by a follow-up unit. Citations are intended to be complete investigations and must contain all of the information necessary for prosecution and subpoena services. Traffic, Boating, Fish and Game Infractions and Violations 1. Infractions and violations committed by a juvenile under the age of sixteen are referred to Juvenile Court for disposition. 2. Infractions and violations committed by a juvenile aged sixteen and older are referred to the appropriate adult court system for disposition. 3. If a criminal misdemeanor is involved in addition to the infraction/violation, the officer may write a General Offense Report documenting the offense. 4. If a juvenile is arrested for traffic, boating, or game related incidents and must be detained, the detention will be at the Youth Service Center. 5. If the juvenile being cited is under sixteen, advise the juvenile to wait for notification from the juvenile court system. Those sixteen and older are handled the same as an adult in the identical situation. XII. Juvenile Booking Procedure A. Complete both sides of the Superform. B. Sign both sides of the form. C. Screen with supervisor. Page 6 of 12 Juvenile Investigations & Arrests Section 16.040 D. Transport the suspect to the Youth Service Center with the completed Superform. E. When completed, fax a copy of the General Offense Report to the Juvenile Court Filing Unit. 1. It is vital that the Juvenile Court Filing Unit receive the information contained in the General Offense as soon as possible. XIII. Request for Police Hold on Juveniles A. When an officer can substantiate the need for extended detention, to ensure that the juvenile will come before the court prior to being released, the officer will complete the “Law Enforcement Objection to Release” section of the Superform. B. The Superform will be submitted to the Youth Service Center detention facility intake staff, along with any other required paperwork. C. In the event that the screening staff disagrees with the request, they will contact the on-call judge who will make a final determination. XIV. Fingerprinting and Photographing Juveniles A. In most cases, juveniles that have been arrested for felony or gross misdemeanor offenses shall be photographed and fingerprinted at the Youth Service Center. 1. Juveniles that would not be accepted by the Youth Service Center will be photographed and fingerprinted at the (Police Headquarters) by the Identification and Photo Lab Unit. 2. Photographs of juveniles arrested for felony and gross misdemeanor offenses will be maintained by Juvenile Records , as well as an audit trail of any copies made or distributed. 3. Juvenile Records will be responsible for complying with any expungement orders and will notify the Identification and Photo Lab Unit when fingerprints are to be expunged. 4. The Identification and Photo Lab Unit will maintain juvenile fingerprint cards. 5. Patrol officers may request from Juvenile Records, through their Watch Commanders, photographs of juveniles arrested for felony and gross misdemeanor offenses. The responsibility for control over the photographs obtained by patrol officers lies with the precinct Watch Commanders. 6. Photographs of juvenile arrestees may be used by officers to familiarize themselves with juvenile suspects who are active in the various districts. The photographs will not be displayed in a manner that could be observed by the general public except in the course of a specific investigation and only with supervisory approval. No copies of the photographs shall be made. 7. No photographs of juveniles shall be displayed, collected, or carried by officers unless by direction of Juvenile Records or a Watch Commander. 8. Arresting officers shall note on the General Offense Report that photographs and fingerprints of juvenile arrestees were taken and by whom. 9. Decentralized Juvenile and Gang Unit Detectives will print juvenile pictures and assemble montages for their own investigation. 10. The Department’s East Precinct Commander will perform periodic audits to insure conformity. Page 7 of 12 Juvenile Investigations & Arrests Section 16.040 11. Photographs of juveniles, taken with court permission, (for non-felony charges) are kept in the individual juvenile's packet. These photographs can only be used for the specific case for which permission to photograph was obtained. 12. Juvenile Court will not permit the photographing and fingerprinting of a juvenile once released from custody. XV. Juvenile Records A. Juvenile records may not be released to another criminal justice agency unless that agency is actively investigating the juvenile. B. RCW 13.50.050 allows the sealing and/or destruction of juvenile justice and care agency records. XVI. King County Department of Youth Services (Youth Service Center) Detention Criteria A. Washington State law and King County Department of Youth Services (Youth Service Center) policies determine intake criteria for juvenile offenders. Juvenile offenders may be detained when (mandatory holds-this list is not exhaustive): 1. The Juvenile is a fugitive from justice: a. When they have an outstanding warrant(s) from the Juvenile Division of King County Superior Court (the youth may be subsequently released with judicial authorization and the recommendation of the screener under specific circumstances); or b. When the juvenile is a parole absconder or an escapee from a Department of Juvenile Rehabilitation (DJR) institution, King County Department of Youth Services (Youth Service Center), or another juvenile court facility. 2. The juvenile is a material witness and has been presented for detention along with a copy of the material witness warrant. 3. A court has ordered detention or issued a warrant and the juvenile is presented for detention along with evidence of the order or warrant. 4. The juvenile is arrested while under condition of pretrial release. If charges have not been filed; pretrial conditions of release are only in effect for 72 hours after initial presentation to detention. 5. For felony crimes in the First Degree: Page 8 of 12 a. Arson 1 b. Assault 1 c. Bail jumping, if in conjunction with a Murder 1 conviction d. Burglary 1 e. Damaging Buildings by Explosives - RCW 70.74.280 f. Endangering Life and Property by Explosives - RCW 70.74.280 Juvenile Investigations & Arrests g. Escape (any degree) h. Homicide (shall include Manslaughter 1 and 2) i. Kidnapping j. Negligent Homicide k. Possession of Incendiary Device - RCW 9.40.120 l. Rape 1 - RCW 9A.44.040 Section 16.040 m. Robbery 1 6. 7. n. Statutory Rape 1 - RCW 9A.44.073 o. All other Class A felonies. A youth referred for the above offenses may be released in the following circumstances: a. Juvenile is under twelve (12) years of age. b. Juvenile has substantial physical or mental disability. c. Juvenile is accused of Manslaughter Second Degree (the Homicide appears to be negligent). d. In such conditions, there shall be conditions of release imposed. If a juvenile offender is wanted for other than listed DJR/Youth Service Center Mandatory holds, or Part 1 Felony in the first degree, the juvenile will not normally be detained unless at least one or more of the following justifications is clearly articulated: a. Concern for the safety of the victim and/or community: (i.). What is the criminal history of the juvenile? (ii). Was a firearm or dangerous weapon used by the juvenile? (iii). Was the victim injured and did victim require medical attention? (iv). Were threats made by the juvenile against the victim/witness and can the threats be carried out? (v). Does the juvenile give indications that he/she will re-offend? (vi). Is there evidence of the juvenile being a chronic abuser of drugs or alcohol to the extent that he/she may fail to appear or be a danger to the community or himself? (vii). Is the juvenile involved with an organized group to sell drugs? (viii). Is there a history of ongoing involvement in the sale of drugs? b. Likelihood of juvenile failing to appear: (i). Is the court able to contact or communicate with the juvenile offender? Page 9 of 12 Juvenile Investigations & Arrests Section 16.040 (ii). Has the juvenile’s identity been verified? (iii). Is there a clear intent not to appear? (iv). Is the juvenile a runaway? c. Interference with the administration of justice: (i). Will the juvenile intimidate witness(es)? (ii). Will the juvenile destroy evidence? d. The juvenile is a danger to himself/herself: (i). Is the juvenile a danger to himself/herself for mental health and/or substance abuse reasons not already covered? 8. The Youth Service Center screener makes a determination of the degree of the offense based on available information. It is therefore, necessary for the arresting officer to supply all pertinent information in order to justify detention. XVII. Screening by the Prosecutor A. The prosecutor's office screens all juvenile referrals alleging the commission of a criminal offense. In this screening process, each referral will be determined to be sufficient for the prosecution, insufficient for prosecution, or requiring more information to make the decision regarding the referral. B. When found sufficient, the case will either be filed in Court or diverted to a community diversion unit. C. When more information is required to establish legal sufficiency of a case, the Juvenile Unit will contact the referring officer or detective. XVIII. Diversion A. The law mandates that once a juvenile has been referred to the prosecutor they must either be “diverted” or sent before a judge. Generally, misdemeanors will be diverted. Diversion Units are established as an alternative to prosecution for minor offenses. This keeps less serious offenders out of the more formal judicial system, yet provides accountability for minor offenses. B. The diversion units are agencies in the community, which have agreed by contract to act in an official capacity. All juveniles referred to these units maintain their right to legal counsel during the diversion process. All diversion agreements between these units and the juvenile become part of the juvenile's criminal history, and thus will enhance punishment for subsequent offenses. A juvenile can refuse diversion, or a diversion unit can refuse the juvenile. In either case, the offense is referred to Juvenile Court. A juvenile willfully defaulting on a diversion agreement will also be referred to court. C. The diversion agreements vary from “counseled and released,” to 150 hours of community service work (which is work without pay in a nonprofit business or agency). Restitution is required in cases where the victim suffers monetary loss. XIX. Administration A. An annual review and a written evaluation of all enforcement and prevention programs relating to juveniles shall be completed by the East Precinct Commander. Page 10 of 12 Juvenile Investigations & Arrests Section 16.040 B. Precinct Commanders will ensure that an annual report is completed detailing their Precinct’s compliance with detention regulations per this policy, state law and federal statute. C. The Audit, Accreditation and Policy Unit will conduct quarterly audits of the precincts compliance with juvenile detention documentation. D. Twice a year the Department must complete a report of juvenile detentions per the Juvenile Justice Act. The Audit, Accreditation and Policy Unit will coordinate the reporting with the Precincts. XX. Problem Areas in Handling Juveniles A. Shoplifting B. C. 1. Did the juvenile being cited physically conceal the property? 2. Did the juvenile leave the store without paying? 3. Who can testify that the juvenile paid for some items and did not pay for the item stolen? 4. Being with someone who steals an item does not automatically make the juvenile guilty of theft. 5. Knowledge, assistance, (physical) etc., must be shown. Minor In Possession and Consuming 1. Possession means physical possession, or control of the area. Example: 2. Four juveniles in a vehicle have been legally stopped or approached and the officer sees a six pack of beer on the back floor. Only the owner, or the person in charge of the vehicle, can be charged with “Possession.” This applies to keg parties as well. Only those in possession of the beer, or alcohol, can be charged. 3. Consumption means to drink the beer, or alcohol. The officer must either observe the act or submit some sort of evidence that the consumption occurred within the City limits. Smelling alcohol on a juvenile’s breath does not fulfill the consuming element. a. Washington State Law (RCW 66.44.270) applies to any person under the age of twenty-one (21) years and has many prohibitive features including furnishing liquor, possession and use. It also makes it unlawful for a minor in a public place to exhibit the effects of having consumed liquor. The law requires detection of an odor of liquor on a person’s breath and there must be possession or close proximity to a container that either has or recently had liquor in it or by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits they are under the influence of liquor. b. Another law to be aware of is Seattle Municipal Code section 12A.24.100 which states that it is unlawful for any person under the age of twenty-one (21) years to possess, consume or otherwise acquire liquor. Unlike RCW 66.44.270 this law does not have an “exhibiting effects in a public place” feature. c. Since RCW 66.44.270 and SMC 12A.24.100 have similarities and differences, it is important to read the entire text of both laws. Assault and Domestic Violence Cases Page 11 of 12 Juvenile Investigations & Arrests Section 16.040 1. When an officer or detective is investigating an assault or domestic violence case involving a juvenile suspect, a statement must be taken from the victim at the time of the primary investigation. This applies in all cases, felony or otherwise, whether or not the suspect is in custody. Cases submitted without this statement will result in the prosecutor dropping the charge for insufficiency. 2. Taking the statement helps in those cases where the victim becomes reluctant to testify, or recants their earlier statements. Statements taken at the time of the primary investigation may be admitted at trial. 3. When a victim is unable or unwilling to give a statement, document this in the General Offense Report. D. Interaction with Public Defenders 1. On occasion, detectives and officers may be involved with an interview of a juvenile located at the Youth Service Center. A public defender may object to you talking with a defendant and may go so far as to order you not to talk with a juvenile and/or order you out of an interrogation room. Seattle Police Personnel are not under any obligation to follow any orders issued by a public defender that are not signed by a judge or magistrate. If a juvenile indicates he wants to talk with you prior to charges being filed and/or prior to being assigned counsel, you have a legal right to continue that conversation without undue hindering or obstructing of the investigation. 2. Whether evidence was obtained legally is a matter for the court to decide. 3. Report problems to a Youth Service Center detention supervisor, and to a police supervisor for resolution and follow-up, if necessary. Page 12 of 12 Seattle Police Department Policies and Procedures Title: Section 17.010 Chapter: 17 - Patrol Operations 010 – Anti-Crime Teams POLICY The objective of the Precinct Pro-Active Anti-Crime Team is to suppress criminal activity within the individual precinct. Teams will utilize traditional uniformed enforcement techniques and non-traditional methods, such as plainclothes patrol, undercover buy/bust operations, stakeouts, service of arrest and search warrants and coordination of precinct abatement efforts. The Anti-Crime teams will coordinate with the watches and with Department follow-up units to ensure that timely enforcement action is taken to resolve crime trends. PURPOSE The mission of the Pro-Active Anti-Crime Team is to focus upon particular crime problems within the precinct. The teams, directed by the Precinct Commander, are charged with specialized enforcement. Assignments include, but not limited to, targeting street narcotics activity, drug houses, youth gangs, prostitution and serial crime. I. Team Members A. Responsibilities B. 1. Take enforcement action whenever a criminal act occurs and complete all required reports. 2. Perform specialized activities such as buy-busts, surveillance, and other street level narcotics enforcement techniques. 3. Perform duties and activities within the target areas. 4. Act as coordinator of individual projects as assigned. 5. Maintain a high level of knowledge about gang culture, activities, and enforcement techniques. 6. Maintain specialized skills through continuing special training a. Night shooting b. Building entry techniques c. Search warrant procedures 7. Engage in high visibility directed patrol in areas assigned by the Sergeant. 8. Investigate and follow up on Narcotic Activity Reports (NAR’s) Selection 1. Requires three years experience as a police officer. Education and experience may be substituted for experience. 2. Be willing to work a varying and flexible assignment schedule. 3. Successfully complete all phases of the Anti-Crime Team training program. 4. Possess the desire and sensitivity necessary to work with all facets of the community in an unbiased manner. 5. Possess ability to work individually and as a member of a team in high stress situations under close supervisory control. Effective Date: 8/4/03 Page 1 of 4 Section 17.010 Anti-Crime Teams 6. Attend specialized training courses as required. 7. Demonstrate consistent work habits which reflect a high standard of performance and initiative. 8. Possess satisfactory performance ratings and assessments by supervisors. 9. Demonstrate ability to maintain self control in situations of high stress, and the capacity to impart an intelligent and energetic display of confidence in all situations. 10. Be subject to a thorough review and assessment of personnel records, internal investigations files, and supervisory evaluations. C. Training 1. Team Officers must complete a sixty-four hour training program to prepare for the demands mandated by the team's mission. 2. Specialized training will include: a. Search warrant procedures, controlled buys, and narcotics paperwork. b. Interrogation techniques and surveillance techniques applicable to buy-bust and search warrant operations. c. Field drug testing d. Problem solving techniques e. Drug Traffic Loitering f. Intelligence Ordinance g. Stolen property/Anti-Fencing h. Buy-bust sting operations i. Search warrant service j. Building containment and entry techniques k. Non-lethal defensive tactics l. Advanced firearms skills D. Tenure E. F. 1. Assignment of officers is determined by the Precinct Command. 2. Barring unforeseen circumstances, Precinct Commanders should attempt to return ACT personnel to the watch of their origin at the conclusion of their assignment. 3. Reassignment to team is possible after a year on another assignment. 4. Request approval of extended plainclothes assignments through the Precinct Commander. Work Hours 1. Due to various assignments, a wide range of flexibility in work hours is necessary. 2. Assignment of work hours is done by the Third Watch Commander, consistent with the needs of the projects, the needs of the Department, and current collective bargaining agreement. 3. Overtime. a. Sergeants may approve shift extensions. b. The Operations Lieutenant approves discretionary overtime. Uniforms and Equipment Page 2 of 4 Section 17.010 Anti-Crime Teams 1. Position is a uniform assignment. Exception: The Third Watch Commander or Precinct Commander may modify the dress code when deemed necessary due to the nature of the assignment. 2. Wear body armor at all times. (Exceptions can be made if shown to be operationally sound.) 3. Wear heavy ballistic vests and titanium helmets during service of search warrants or participating in building entry. NOTE: Wear clothing that clearly identifies you as a police officer during any type of raid. 4. Team members may use only those weapons approved by the Operations Bureau Commander. II. Team Sergeant A. Responsibilities 1. Encourage members to use problem solving techniques. 2. Coordinate activities assigned to the team. 3. Ensure frequent contacts between team members and patrol officers. 4. Coordinate timekeeping and other administrative duties. 5. Supervise service of all search warrants. 6. Review all reports completed by all personnel. 7. Plan and supervise special operations: a. Buy-busts b. Stings c. Street crime emphasis 8. Coordinate activities with other Department units and outside agencies. 9. Assume responsibility for all buy money funds, special equipment, and vehicles assigned to the team. 10. Ensure that all team members receive continuous training, develop training schedules, and maintain current training records. B. Reporting Requirements 1. 2. Complete standardized weekly activity report, using the established ACT database, due Tuesday of each week. The report will summarize: a. Arrests b. Seizures c. Narrative recap of weekly activities. Ensure that the Search Warrant Packet (five pages) which includes the Operations Order, Master Checklist and After Action Report, is completed for all search warrant service. a. Complete prior to each raid. b. Maintain a file of all search warrants within the unit that will be audited every 180 days by members of the Audit Unit. 3. Coordinate all ACT member efforts regarding possible drug houses/grow farms with the Narcotics Section in order to prioritize warrant requests based on activity level. 4. Submit a monthly Investigator Expenditure Report to the Operations Lieutenant. Page 3 of 4 Section 17.010 Anti-Crime Teams a. 5. 6. Document all expenditures of the investigative funds. Complete a Buy/Sell Bust Packet, which will include the Buy/Bust or Sell/Bust operations order, prior to any buy/bust operation. a. Submit an After Action Report to the Third Watch Commander, with a copy to the Precinct Commander, immediately following a buy/bust or other special operation. b. Complete a Controlled Buy Packet for all controlled buys. Make every effort to utilize the standardized forms used by the Narcotics Section. III. Team Operations A. Problem Identification 1. B. C. Use the following sources for identifying projects for the team a. Precinct Commander b. Precinct Advisory Council c. Community groups d. Citizen partners e. Crime Prevention Unit f. Patrol officers & Sergeants g. Crime Analysis statistical information h. Social agencies i. Other government and private agencies Requests for the Team 1. Direct requests to the Operations Lieutenant. 2. Explain the specific need for the team. Strip Searches 1. Comply with Strip Search Procedures under the SPD Manual. D. Evidence Handling 1. Do not store evidence in any ACT office or locker. 2. Submit evidence to the Evidence Unit prior to the end of the shift. 3. Comply with Evidence Management Procedures under the SPD Manual. Page 4 of 4 Seattle Police Department Policies and Procedures Title: 17.020 Chapter: 17 - Patrol Operations I. Section 020 - Adult Entertainment Enforcement of the Adult Entertainment Ordinance A. The Adult Entertainment Ordinance regulates nude dancing / soda pop clubs. Given the complexity of the ordinance and the challenges expected to result from its enforcement, officers are directed not to take enforcement action under the ordinance unless they are specifically trained to do so. B. Refer any complaints to the Vice Section. Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.030 Chapter: 17 - Patrol Operations 030 - Alley Closures POLICY SeaTran has authority to close designated alleys during certain time periods for reasons of public safety. Department employees who encounter alleys that may be appropriate for closure under this authority should submit a request for closure through their chain of command to SeaTran. I. Request for Alley Closure A. II. Complete a Memorandum and send it to the Director of SeaTran through your chain of command. The Memorandum should include; 1. Location of the alley and time of day the criminal activity is taking place. 2. Type of criminal activity occurring in the alley. Include any enforcement action that has taken place and how closing the alley will assist in decreasing criminal activity. 3. A list of property owners or business owners adjoining the alley who have been contacted about the alley closure. Include their concerns or comments on the proposed closure. Enforcement of Closed / Posted Alleys A. After SeaTran posts alley closure signs on an alley, officers may take enforcement action. B. Individuals in the alley during the hours of closure are in violation of Seattle Municipal Code, Alley Closure 11.40.430. This is a non-traffic crime and will be handled with a General Offense Report or a physical booking. C. 1. When an individual is contacted in a closed alley, tell them the alley is closed, and give them the opportunity to leave. 2. If they remain or return to the alley during the hours of closure, they may be arrested. Persons Exempt from the Ordinance 1. Owners and occupants of the abutting properties and their guests. 2. Agents of utilities with facilities in the alley or serving abutting properties. 3. Government employees and emergency personnel in the performance of their duties. 4. Individuals who have obtained a street use permit issued pursuant to SMC Title 15. Effective Date: 11/20/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.040 Chapter: 17 - Patrol Operations 040 - Animal Control REFERENCES CALEA standards, 1.2.7. POLICY If there has been an obvious infraction of City ordinances pertaining to animal control, officers may use their discretion in whether to issue a ticket, write a General Offense Report, give a verbal warning, or defer the matter for enforcement by the City of Seattle Animal Control Division. The Animal Control Division is available from 0700-2000 hours daily. I. Investigation of Animal Complaints A. II. 1. Vicious animals presently endangering someone, 2. Theft of animals, and 3. Poisoning/shooting of animals. B. Officers shall advise Animal Control when they are responding to an animal bite or a vicious animal, as Animal Control has the primary responsibility for follow-up in these cases. C. Officers shall use whatever resources are available to them when handling animal control situations when Animal Control is not available. Extreme caution in handling these situations should be exercised, as officer safety is a concern. Routing of Paperwork A. III. The following types of calls are the primary investigatory responsibility of Patrol: Officers shall forward, via inter-departmental mail, copies of all Notice of Infractions and Criminal Citations (front and back of the Court Copy concerning animals to Animal Control for follow-up.B. When officers complete a General Offense Reports concerning animals, Records will forward copies to Animal Control for follow-up. Resources A. B. Nuisance Wildlife 1. The Washington State Fish and Wildlife office will give advice and will offer referrals to the public concerning nuisance wildlife (e.g., raccoons, squirrels, etc.). 2. When the Fish and Wildlife office is closed, the Communications Section has a list of trappers and exterminators for referral. These trappers and exterminators offer their services to citizens for a fee. Injured wildlife 1. Officers may call Animal Control in cases where wildlife is injured. Animal Control will respond on a case-by-case basis. 2. When Animal Control is unable to assist, the Communications Section has a resource list of rehabilitators. These resources offer assistance on a case-by-case basis, and often require that the animal be brought to their facility. Effective Date: 11/19/07 Page 1 of 2 Section 17.040 Animal Control C. D. Injured Domesticated Animals 1. If an owner cannot be located, Animal Control is available during their hours of operation to pick up an injured domesticated animal and will take the animal to an emergency clinic. 2. After hours, officers may take injured animals to a city contract emergency clinic. The City of Seattle contracts with two veterinary clinics for emergency night service. Coordinate the delivery of an injured animal through the Communications Section. Impounded Animals 1. E. a. These forms are available in the receiving area of the shelter. b. The Communications Section has instructions for officers leaving an animal in the animal shelter. Dead Animals 1. Page 2 of 2 Animal Control facilities are available to officers after hours, to kennel impounded animals. Prior to leaving the animal shelter, officers must complete an "Impound Form" and place it on the cage with the animal. Animal Control will respond to pick up dead animals during their hours of operation. Seattle Police Department Policies and Procedures Title: Section 17.050 Chapter: 17 - Patrol Operations 050 - Boating Accidents POLICY Seattle Municipal Code Title 16 (Harbor Code) defines the “Port Warden” of the City as the Chief of Police and any duly authorized deputies or assistants acting on the Chief’s behalf. Listed as a specific duty is the investigation and reporting of marine and maritime accidents in the harbor. The Department’s Harbor Patrol Unit has the primary responsibility of ensuring safety and security on the public waterways of the City. This includes investigating most boating accidents. If the Harbor Patrol Unit is unavailable, patrol officers will investigate boating accidents. Boating accident forms are available at all precincts. The Harbor Patrol Unit and the Traffic Collision Investigations Section may be contacted if further assistance is needed. I. Definitions A. Boat: Any vessel or watercraft used or capable of being used as a means of transportation on the water. 1. II. B. Operator: An individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm. C. Owner: A person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest. Primary Officer at the Scene A. III. Two separate reports are required for boating accidents. The primary officer shall ensure that these are completed and forwarded properly, unless specifically relieved of that duty by the Harbor Patrol Unit or the Traffic Collision Investigations Section. Washington Boat Accident Investigation Report (BAIR) (Form P & R A-264) A. B. IV. It does not include inner tubes, air mattresses, small flimsy rafts, or floatation devices used as toys by swimmers. Officers shall complete a Washington Boat Accident Investigation Report for any boat accident involving the following: 1. Death. 2. Injury requiring treatment beyond first aid (i.e., hospitalization). 3. Missing person under circumstances that indicate death or injury. 4. Damage greater than $500 to any one boat or other property. 5. Hit and Run. 6. City property/boat involved. Complete the Washington Boat Accident Investigation Report as thoroughly as possible and submit for approval and distribution. Boating Accident Report (BAR) (Form P & R A-3865) A. The Boating Accident Report (form P&R A-3865) must be completed when the incident involves any of the circumstances listed below. Effective Date: 11/20/07 Page 1 of 3 Section 17.050 Boating Accidents B. C. 1. Death. 2. Injury requiring treatment beyond first aid. 3. Damage totals more than $500.00 to the boat or other property, or there is a complete loss of boat. 4. Missing person under circumstances that indicate death or injury. Responsibility 1. The Department’s Harbor Patrol Unit is ultimately responsible for routing this report (BAR) to the Washington State Parks office in Olympia. 2. Officers shall instruct the operator or owner (if the operator is incapacitated) on how to complete the BAR. 3. Officers shall complete the BAR if both the operator and owner are incapacitated or unable. Time Requirements 1. In cases involving death or injury, the Boating Accident Report must be forwarded to Olympia within 48 hours. Officers shall obtain completed BAR forms at the scene and forward them to the Harbor Patrol Unit. 2. In all other cases, the Boating Accident Report must be forwarded to Olympia within 10 days. Officers shall instruct owner/operator(s) to complete this form as soon as possible and mail it to: Harbor Patrol Unit Seattle Police Department 610 Fifth Avenue PO Box 34986 Seattle, WA 98104 V. Boating Accidents Requiring the Presence of the Traffic Collision Investigations Section (TCIS) A. Accidents which have resulted in the death of any person. B. Accidents in which the officer feels the injuries are serious enough that someone may die. C. Serious hit and run accidents which involve injuries. D. Accidents involving City equipment where serious injuries or extensive property damage has occurred. E. Missing persons under circumstances that indicate death or injury. NOTE: Notify the Harbor Patrol Unit any time TCIS is called out. VI. Impounds A. Page 2 of 3 Authority to Impound 1. Probable cause exists to believe that the boat constitutes evidence of a crime or contains evidence of a crime. 2. The operator appears incapable of safely operating the boat. 3. The operator refuses or neglects to obey an order to proceed from or to an area following a citation or in an emergency. Section 17.050 Boating Accidents B. 4. The operator operates a boat in a negligent, reckless or other manner so as to endanger the safety of others or to interfere with the navigation of other watercraft; and the officer believes that impoundment is necessary to stop such operation. 5. The vessel, watercraft, or obstruction appears unsafe for water transportation. 6. The vessel, watercraft, or obstruction appears abandoned, or is anchored or moored in an anchorage, waterway or submerged street area after expiration, cancellation, or violation of a permit, or in violation of this title (SMC 16.36.010) without a permit seventy-two (72) hours after an order to remove the same has been given as provided in SMC 16.32.020. 7. The vessel, watercraft or obstruction is obstructing a launch ramp area or public dock. Procedures 1. Complete the Vessel, Watercraft, or Obstruction Theft and Impound Report (Form 5.42). 2. Notify the Harbor Patrol Unit to arrange for the boat to be towed. All impounds will be stored at the Harbor Patrol Unit boat shed on Lake Union. Page 3 of 3 Seattle Police Department Policies and Procedures Title: State law provides for either a breath or blood test, without requiring consent, of a person under arrest for Vehicular Homicide or Vehicular Assault. There is no right to refuse this test. DUI and Physical Control A. III. A blood test may be administered, instead of the BAC Verifier test, to a person under arrest for DUI/Physical Control when that person is: 1. Unable, due to physical injury, physical incapacity, or other physical limitation, of providing a breath test, or 2. Being treated for injuries in a medical facility. Other circumstances where a test may be requested A. B. In traffic accidents and incidents, when intoxication is, or may be, an element in the case. 1. Justification for the arrest shall be based on the results of field sobriety tests, the officer's observations, and the statements of witnesses. 2. Results of the BAC Verifier test may be used for additional evidence to support the traffic case. 3. A test may be refused by the person and such refusal is handled the same as a BAC Verifier test refusal. In non-traffic cases, when intoxication may be part of the defense. 1. IV. 060 - Breath & Blood Alcohol Content Tests Vehicular Homicide and Vehicular Assault A. II. 17.060 Chapter: 17 - Patrol Operations I. Section Prior to the test for intoxication the person must be advised of the right not to submit to such test. Administering Breath or Blood Tests A. B. C. Blood Tests 1. Must be administered by a physician, registered nurse, or qualified technician following the instructions provided in the "blood test kit" and in the presence of a police officer. 2. "Blood test kits" are available at the Evidence Unit. Breath Tests 1. Operation of the BAC Verifier shall be restricted to personnel who have been trained in its use and hold a current operator permit card. 2. If an officer who does not have a current permit needs to perform a BAC Verifier test, they shall request that an officer who has a current permit perform the test. Whenever a blood or BAC Verifier test is administered, all applicable reports shall be completed. Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.080 Chapter: 17 - Patrol Operations 080 – Citizen Rider Program Policy: The Seattle Police Department sees the value in letting citizens observe the daily operation of patrol. To that effect the Department operates a program by which a citizen, after meeting the listed requirements, may accompany an officer during an assigned shift. The goal of this program is to provide the citizen with an informative and safe experience. I. General A. All requests for ridealongs must be made through the affected precinct. Other units may not arrange ridealongs for a precinct. If a unit would like a citizen to go for a ridealong, they will contact the appropriate Watch Commander and make arrangements for the citizen to respond to the precinct and begin the process. B. Group bookings such as university classes will be at the discretion of the Precinct Commander. Group ridealongs may be distributed equally throughout the Department so that one precinct is not overwhelmed by numerous requests at one time. C. The maximum number of citizen riders per watch will be two. D. If unforeseen staffing problems occur on the date of a scheduled ridealong it will be the Watch Commanders decision whether to allow the ridealong to occur or be rescheduled. E. Ridealongs with Specialty Units will follow this procedure and will be at the discretion of the Unit Commander. F. It is prohibited for a citizen rider or a member of the media on a ridealong to accompany Department personnel in the service of a search warrant. G. A citizen may not request a ridealong date that is less than three days out from the time the request was submitted to the clerk. If it is convenient for the watch, the Watch Commander may schedule the ridealong sooner than the required 3 days. H. There are two versions of the Citizen Observer Ride Request and Waiver, an adult and juvenile version. The adult version is used for persons 18 years and older and the Juvenile version is used for persons 16-17 years old. I. If the citizen cannot be contacted to arrange for a ridealong after three attempts, the Watch Commander will return the Citizen Observer Ride Request and Waiver to the Desk Officer. The form will be filed. The citizen will have to reinitiate the ridealong process if they cannot be contacted after three attempts. J. Each precinct will be responsible for maintaining a file containing the completed Citizen Observer Ride Request and Waivers. This file will be maintained for three years plus the current year. K. If an officer identifies a citizen rider who should be disqualified from future ridealongs, this information will be documented on a Memorandum and submitted to their Watch Commander along with the completed Citizen Observer Ride Request and Waiver. The Watch Commander will determine whether future requests of the citizen should be denied and then return the memo and waiver form to the precinct Desk Officer. The Desk Officer will make copies of the memo and waiver form and send each of the other precincts the information. Effective Date: 11/15/07 Page 1 of 4 Section 17.080 Citizen Rider Program L. II. Each precinct will maintain a file that contains Citizen Observer Ride Request and Waivers of those individuals who have been disqualified from participating in further ridealongs. Citizen Requirements A. Age 1. No person under the age of 18 years will be allowed to participate in the ridealong program, except under the following conditions: a. B. C. Page 2 of 4 A person age 16-17 years old may go on a ridealong if they: i. Have permission from their parent/guardian as indicated on the Juvenile Citizen Observer Ride Request and Waiver. The parent/guardian must provide the reason or justification for the request, e.g. interested in the Explorer Program or doing a project for school. ii. The ridealong must be approved by the precinct commander. The precinct commander must contact the juvenile’s parents and explain to them that the nature of police work may expose their child to scenes of violence, obscene language, nudity, adult situations and other situations that may not be appropriate for a child to witness. iii. The precinct commander may deny any juvenile ridealong request. Criminal History 1. An adult seeking to go on a citizen ridealong, or the parent/guardian of a minor child seeking to go on a citizen ridealong, will first be asked to read and sign the waiver of liability and completely fill out the ‘Rider Information’ portion of the Citizen Observer Ride Request and Waiver. This must be done in person at the precinct where the ridealong is to take place. The citizen will then present the signed form with the Rider Information filled out and picture identification to the Duty Officer (Clerk). 2. The Clerk will complete a warrant check on the citizen and a NCIC III criminal history check (record this in the III log book under purpose code ‘C’). 3. If the person has an outstanding warrant, inform a supervisor and take appropriate action. 4. If the person has a criminal history it is at the discretion of the Watch Commander, based upon the circumstances, history and other factors of the charge, whether the person will be allowed to go on a ridealong. A record of violent crimes or crimes against government order shall disqualify a person from riding with an officer. The officer taking the citizen for a ridealong should be informed of any criminal history discovered and may refuse to take the citizen rider if they feel it compromises officer safety. 5. The Clerk will check the file to determine if the citizen has been disqualified from going on ridealongs. Conduct 1. Citizen riders will not be allowed to go on a ridealong if it appears they are impaired by drugs or alcohol. 2. An officer may not take anyone with whom they have a significant domestic relationship. This includes a spouse, domestic partner, and any children. 3. A citizen rider may not wear any part of a police uniform. 4. A citizen rider is not allowed to carry a weapon or firearm. Section 17.080 Citizen Rider Program D. 5. Citizen riders will not attend roll call and will wear a visible ‘Visitor’ identification badge during the ridealong and while in a police facility. 6. If the officer observes the citizen behaving in a way that distracts or endangers the officer, the public or the citizen, the officer may terminate the ridealong. The officer will document the incident on the Citizen Observer Ride Request and Waiver and inform their supervisor. 7. Citizens should be encouraged to bring a cell phone with them on the ridealong. Number of ridealongs allowed 1. E. Citizen Feed back 1. III. A citizen may go on one ridealong a year at each of the precincts. . The citizen will be asked to complete a ridealong feedback survey. Commander will review and retain the survey for three years. The Watch Desk Officer (Clerk) Responsibility A. The Desk Officer (Clerk) will usually be the first contact point a citizen has with the citizen rider program. B. When a citizen requests to go on a police ridealong the Clerk will provide them with a copy of the Citizen Observer Ride Request and Waiver with directions to read the instructions and waiver carefully. If the citizen feels they qualify for a ridealong the Clerk will instruct the person to sign the waiver and complete the ‘Rider Information’ part of the form and produce picture identification. C. The Clerk will verify that the form is completely filled out and signed and that the photo identification is valid. D. The Clerk will complete a warrant check and NCIC III inquiry. E. The Clerk will check the precinct’s citizen rider file to determine if a year has passed since the citizen’s last ridealong and will also determine if the person has been disqualified from riding with the Seattle Police Department. F. The Clerk will note any criminal history for the citizen on a copy of the warrant check and then attach the warrant check to the Citizen Observer Ride Request and Waiver with a photocopy of the citizen’s ID. The packet will then be forwarded to the affected Watch Commander. G. At the completion of the citizen ridealong the Clerk will file the Citizen Observer Ride Request and Waiver at the precinct. The Clerk may periodically go through this file and purge ride requests that are older than four years. IV. Watch Commander Responsibility A. Review all Citizen rider requests submitted by the Clerk as soon as possible. The citizen making the request must be contacted within 3 days of making the request. B. Determine if the form has been completely filled out and all the necessary information is provided. C. Determine if the request requires Precinct Commander approval. D. Contact the citizen and arrange the date and time of their scheduled ridealong. Make three attempts to contact the citizen and document the attempts on the Citizen Observer Ride Request and Waiver. If the citizen cannot be contacted, return the form to the Clerk to be filed. E. Assign the rider to a squad and forward the Citizen Observer Ride Request and Waiver to the appropriate Sergeant. Page 3 of 4 Citizen Rider Program F. V. VI. Section 17.080 The Watch Commander will ensure that any documentation or reports generated during the ridealong reflect that a citizen rider accompanied the officer. The citizen rider should be listed as a witness or otherwise denoted as merely present. Sergeant Responsibility A. Assign an officer to take the citizen rider for the determined date and time. B. Give the Citizen Observer Ride Request and Waiver to the assigned officer. Assigned Officer’s Responsibility A. The assigned officer will review the Citizen Observer Ride Request and Waiver and contact the citizen in the precinct as soon as practical. B. The officer may end the ridealong if the rider’s presence prevents the delivery of police services. C. The officer will not engage in vehicle pursuits or emergency driving while a citizen is in their patrol vehicle. If it becomes necessary to drop off the citizen rider in an emergency situation, the officer will try to leave the citizen in a public place near a pay phone and inform radio so that the citizen may be picked up as soon as possible once the emergency is under control and resources allow. In the case that the rider is a minor child the officer may not be able to drop off the child safely and will not be able to engage in required police activity. D. At the end of the ridealong the Officer will ask the citizen to complete a feed back form and return it to the clerk. E. If an incident occurred during the citizen ridealong where the citizen may be asked to be a witness, the incident will be screened with the Watch Commander and fully documented. F. The officer will turn the completed Citizen Observer Ride Request and Waiver with copies of any documentation in to the Clerk at the end of the ridealong. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 17.090 Chapter: 17 - Patrol Operations 090 - Collision Investigations REFERENCES CALEA standards, 42.1.1, 61.2.2, 61.2.3, 61.2.4, 83.1.1, 83.2.6. RCW 46.52 INTRODUCTION Traffic collisions are investigated to care for the injured, protect the rights of the involved parties, determine the causes of collisions so that methods of prevention may be developed, and when a traffic law violation is discovered, to gather evidence necessary to prosecute the violator. POLICY Officers must investigate, initiate the investigation of, or assist at each collision which is brought to their attention. This responsibility applies whether the officer is dispatched to the collision by radio, on-views the collision, or is informed of the collision through a third party. I. Responding Officer Duties A. II. The duties of an officer responding to an collision include, but are not limited to: 1. Providing basic life support and attending to any injured persons until the arrival of fire department personnel. 2. Identifying potential or actual fire hazards or other dangerous conditions so that appropriate action may be taken. 3. Summoning additional assistance. 4. Protecting the scene, including property that may belong to injured persons. 5. Establishing a safe traffic flow around the scene. 6. Identifying and interviewing witnesses. 7. Investigating the collision and recording evidence. 8. Taking appropriate enforcement action. 9. Requesting assistance from a tow company if there is debris that needs to be removed from the roadway. 10. Assess whether drivers may exchange information or if a collision report must be completed. Procedures when a Collision Report is Not Mandatory A. Officers may assist citizens in the exchange of driver/witness information, scene protection, traffic control, etc. 1. Effective Date: 11/20/07 To assist in the exchange of information, use the Exchange of Traffic Collision Information (form 5.9). Page 1 of 4 Section 17.090 Collision Investigations III. B. If any party to a collision requests that a report be taken when there is no visible damage to vehicles or property, document the incident on an General Offense Report with “Traffic” listed in the Offenses block. C. As a matter of courtesy, carry a supply of the State of Washington Motor Vehicle Collision Report in your patrol car. Give this form to the parties involved in the traffic collision. D. If no report is taken, record the driver name(s), DOB(s), and vehicle license number(s) on your car log. Procedures when a Collision Report is Mandatory A. IV. Investigate and complete a State of Washington Police Traffic Collision Report whenever the collision occurs on a “highway” (SMC 11.14.245), “roadway” (SMC 11.14.530) or “way open to the public” (SMC 11.14.715), and one or more of the below listed conditions exist: 1. Injury or death of any person. 2. Damage to the property of any one person appears to exceed $700.00. 3. A hit and run vehicle is involved. 4. Enforcement action is taken against one or more of the parties involved. 5. The collision resulted in the release of hazardous material. 6. The operator of any involved vehicle is suspected of being under the influence of alcohol or drugs. B. Since State law includes “bicycle” in the definition of “vehicle”, the requirements above shall also apply to collisions involving bicycles. C. When the circumstances warrant, initiate an investigation and complete a report in any other collision not specifically defined above. D. It is not necessary for the involved parties to complete a Washington Motor Vehicle Collision Report if the investigating officer completes a Washington Police Traffic Collision Report. Taking Enforcement Action A. Traffic Violation or Misdemeanor Incidents. NOTE: Enforcement action shall be taken in every non-felony case where the information is sufficient to warrant such enforcement action. In those cases where you conclude that you cannot cite, clearly articulate in the narrative portion of the State of Washington Police Traffic Collision Report why enforcement action would not be appropriate. (The Traffic Collision Investigation Squad (TCIS) will not routinely conduct follow-up investigations in these situations.) 1. B. When a driver is not available to receive a ticket, refer to Training Topic-TicketsDelayed Issuance of Tickets. Potential Felony Incidents NOTE: Do not issue any ticket if the collision is determined to be a felony. Page 2 of 4 1. Refer to subsection V of this manual section for Traffic Collision Investigation Squad (TCIS) notification criteria. 2. If the collision does not require a TCIS response at the time of on-scene investigation, but may develop into a felony, refer the entire case to TCIS, requesting appropriate charges be filed in the event the incident is reduced to a misdemeanor. Section 17.090 Collision Investigations V. Collisions Requiring Presence of TCIS A. VI. The Traffic Collision Investigation Squad must be called to respond to all traffic collisions (including watercraft and trains) involving any of the following circumstances: 1. The death of any person. 2. Injuries serious enough to cause death. 3. Hit and run collisions where there is substantial injury. 4. Traffic collisions involving city equipment where substantial injuries or extensive property damage has occurred. 5. Collisions occurring during a police pursuit that result in substantial bodily injury to any person. 6. Collisions involving substantial bodily injury where it appears that a driver was negligent or under the influence of drugs or alcohol. 7. Any collision where there is probable cause for Vehicular Homicide, Vehicular Assault, or felony Hit and Run. B. Substantial bodily harm or injury means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part. In determining the extent of injuries, special consideration should be given for a TCIS response for persons over 70 years of age or under 5 years of age. C. If the on-scene supervisor has questions concerning the circumstances of a collision, the TCIS on-call detective should be consulted. If the consultation results in an agreement that no response is needed, the collision/General Offense Report should state, “TCIS was consulted and it was determined that a response was not necessary”. Vehicle Impounds and Holds A. If you take enforcement action at a scene, and have all of the information necessary to complete your report, do not impound or place a TCIS hold on any vehicle. B. When the operator of a vehicle is unable to arrange to have their vehicle removed (due to injury, intoxication or arrest), the vehicle should be impounded and a Vehicle Report (form 5.5) completed. C. Impound and place a TCIS hold on any suspect vehicle involved in a hit and run crime where the driver has not been identified. D. Note the following on the State of Washington Police Traffic Collision Report: 1. Tow company name. 2. Storage location. 3. Any hold for investigation. VII. Collisions Involving City Vehicles (See DP&P - Collisions Involving City Vehicles.) VIII. Report Routing and Exchange of Driver / Property Owner Information A. The original and both carbonless copies of Part A and all copies of Part B shall be submitted with all other related forms through normal report routing channels for approval and forwarding to the Data Center. Page 3 of 4 Section 17.090 Collision Investigations 1. Involved parties will be provided with a Department business card containing the General Offense Number (GON), the investigating officer’s name, serial number, and unit of assignment, and the pre-printed PTCR Report Number. a. Page 4 of 4 If a completed copy of the State of Washington Police Traffic Collision Report is requested, refer the requestor to the Records, Evidence, and Identification Section - Collision / Auto Theft Desk on the 5th Floor of the Seattle Justice Center. Seattle Police Department Policies and Procedures Title: Section 17.100 Chapter: 17 - Patrol Operations 100 – Community Police Teams POLICY Community Policing emphasizes the use of innovative, non-traditional methods of impacting crime and the resultant fear within the community. The concept involves direct, cooperative interaction between the community and the Police Department to identify factors which support crime and to implement solutions which focus on solving the underlying problems rather than the symptoms. PURPOSE The mission of the Community Police Team is to closely interact with the community to resolve neighborhood problems and concerns through the use of traditional and non-traditional police tactics and the coordinated application of resources beyond those available within the criminal justice system. I. Definitions A. Contact Log: A one page report completed by an officer when a complaint is handled with minimal effort. A contact has not real time restrictions, but is generally short-term due to the fact that the contact does not require any follow-up. A contact is resolved on the spot or with a simple phone call. B. Case Log: An on-going file which is similar to a detective’s follow-up case file. It is updated by an officer whenever action is taken by the case officer or when the officer is aware of new developments. The complaints addressed by the case originate from the community, Seattle Police Department, or members of other city, county, state, or federal agencies. C. Project: Projects require pre-planning and approval by the respective Precinct’s Operations Lieutenant. Projects are generally long-term in nature and always require a S.A.R.A. Order complete with mission statement and goal. Projects may require coordination with multiple agencies and at the very least, demands the attention of multiple officers. An example of a project would be the clean up of the transient encampments which require multiple agency coordination. II. Team Members A. Responsibilities 1. Enlist the support and aid of the community and its leaders to carry out the action plan. 2. Utilize creative problem solving techniques, such as brainstorming sessions, which involve nontraditional police tactics. 3. Perform duties and activities within the target areas assigned. 4. Act as coordinator of individual projects as assigned. 5. Stay aware of events occurring within their respective project areas and make suggestions relative to deployment of resources. 6. Maintain close contact with the community through personal interaction to identify fears and concerns from our citizen partners. 7. Engage in high visibility directed patrol in assigned areas. 8. Take necessary enforcement action when a criminal act occurs and complete all required reports. Effective Date: 1/8/08 Page 1 of 4 Community Police Teams B. Section 17.100 Selection 1. Requires three years experience as a police officer. Education may be considered in lieu of desired minimum. 2. Be willing to work a varying and flexible assignment schedule. 3. Possess the level of interpersonal skills necessary to interact and coordinate with varied community groups comprised of diverse ethnic and cultural backgrounds, various public and private agencies, and community leaders. 4. Possess the desire and sensitivity necessary to work with all facets of the community in an unbiased manner. 5. Be able to work in a non-structured environment which emphasizes personal creativity as a problem solving technique. 6. Attend specialized training courses as required. 7. Demonstrate consistent work habits which reflect a high standard of performance and initiative. 8. Possess satisfactory performance ratings and assessments by supervisors. 9. Demonstrate ability to maintain self control in situations of high stress, and the capacity to impart an intelligent and energetic display of confidence in all situations. 10. Be subject to a thorough review and assessment of personnel records, internal investigations files, and supervisory evaluations. 11. Possess ability to work individually and as a member of a team. 12. Possess an above average ability to interview, write, and speak effectively. C. Training 1. A forty hour training program is necessary to prepare team officers for the attitudes and demands necessary to function in the team. 2. Specialized training includes a. Identification and utilization of community resources b. Public speaking and effective communications c. Interpersonal skills d. Problem solving techniques e. Crisis intervention f. Crime prevention g. Positive interaction skills h. Stress management D. Tenure 1. E. Barring unforeseen circumstances, Precinct Commanders should attempt to return CPT personnel to the watch of their origin at the conclusion of their assignment. Work Hours 1. Due to the nature of the CPT mission, a wide range of flexibility in work hours is necessary. 2. The Operations Lieutenant assigns tasks considering the needs of the projects, the needs of the Department, and the affected collective bargaining agreement. 3. Overtime Page 2 of 4 Community Police Teams F. Section 17.100 a. Approval of shift extensions are authorized by the Sergeant. b. Approval of discretionary overtime is subject to the prior approval of the Operations Lieutenant. Uniforms and Equipment 1. Position is a uniform assignment. EXCEPTION: Operations Lieutenant may modify the dress code when deemed necessary due to the nature of the assignment. 2. G. Extended plainclothes assignments require the approval of the Precinct Commander. Problem Identification 1. Use the following sources for identifying projects for the team: a. Precinct Commander b. Precinct Advisory Council c. Community groups d. Citizen partners e. Crime Prevention Unit f. Patrol officers & Sergeants g. Crime Analysis statistical information h. Social agencies i. Other government and private agencies III. Target Selection A. Action Plan Development 1. Upon receipt of a target assignment from the Precinct Commander: a. Identify and verify factors causing concern in the community. b. If no significant cause for concern exists: (1) Operations Lieutenant may elect to withdraw the team. (2) Inform Precinct Commander of initial contact, the evaluation of the perceived problem, and the justification for the withdrawal of team resources. (3) Utilization of normal patrol resources may be advised if appropriate. c. If a problem is deemed appropriate for team intervention: (1) Formulate action plan, including: (a) Nature of perceived problem. (b) Evaluation of possible methods to be used to resolved the problem. (c) Proposed implementation of strategy using those methods. (d) Probable results expected. (e) Short and long term goals to be achieved to resolve the problem and stabilized the community. (2) Submit plan to the Precinct Commander for approval. Page 3 of 4 Community Police Teams 2. Section 17.100 Deployment a. Deploy resources at the direction of the Sergeant after approval from Precinct Commander. b. Sergeant will monitor target areas. c. Plan will/should include: (1) Number of personnel. (2) Specific tasks to be performed. (3) Working hours. (4) Support available from other units and outside agencies. (5) Project time table. 3. B. Project Closure a. Based upon the Operations Lieutenant’s evaluation of whether the long or short term goals have been accomplished. b. Evaluate community concerns. c. Determine if goals can be obtained. d. Document activities performed. e. Determine if a maintenance program will be instituted to ensure problems do not reappear after the team’s withdrawal. f. Sergeant is responsible for ensuring that extended community contact is maintained and that accomplishments and commitments are preserved. Requests for the team 1. Direct to the Operations Lieutenant. 2. Explain the specific need for the team. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 17.110 Chapter: 17 - Patrol Operations 110 - Criminal Trespass POLICY The Seattle Police Department will assist property owners in their efforts to deter and detect criminal activity by enforcing the criminal trespass law through the use of the Trespass Enforcement Authorization and the Trespass Admonishment. I. Trespass Enforcement Authorization (form 5.34) A. II. If a business or property owner wants the Seattle Police Department to enforce criminal trespass on their property, they will complete and sign a Trespass Enforcement Authorization. Each precinct shall maintain a current list of locations that have authorized the Seattle Police Department to enforce criminal trespass. Trespass Admonishment (form 5.34.1) A. Officers shall verify the existence of a current Trespass Enforcement Authorization for a location prior to issuing a Trespass Admonishment. B. The officer will explain the Trespass Admonishment to the person and ask them to sign the acknowledgement portion of the card. If the person refuses to sign, the officer will note the refusal on the card. C. On the back of the Trespass Admonishment the officer will articulate the circumstances justifying the admonishment and include any other enforcement action taken at the time of the admonishment. D. The Trespass Admonishment is filed at the precinct of occurrence. The Operations Secretary should, upon receipt of the card, write either the original trespass contract number or the name, address, and phone number of the person authorizing the trespass on the card. E. The Trespass Admonishment will be entered into the RMS as a flag record and into the CAD system. When a person’s name is checked for warrants, current admonishment information will also be displayed. F. The front and back of the Trespass Admonishment will be scanned in and attached to the flag record. G. If a person is contacted at the location where they have been admonished and a current Trespass Admonishment is on file, probable cause may exist for their arrest. H. If an arrest is made, the officer will retrieve the Trespass Admonishment on file. I. 1. The front and back of the original Trespass Admonishment will be copied onto a Continuation Sheet (form 5.7.2). The copy will be forwarded to Data Center. 2. A new Trespass Admonishment will be completed by the arresting officer. After this card has been processed (per D through F above), it should be stapled to the original card. The cards will be retained at the precinct of occurrence. The General Offense Report will include the trespass contract number or the name, address, and phone number of the person who signed the Trespass Enforcement Authorization. This Page 1 of 2 Section 17.110 Criminal Trespass information can be found on the Trespass Enforcement Authorization on file at the precinct. The officer who issued the original Trespass Admonishment will be listed as the secondary officer. III. Trespass at Metro Bus Shelters A. Metro Bus Shelters have been posted with criminal trespass warning stickers. If an officer believes a person is trespassing in a bus shelter they will point out the Criminal Trespass warning sticker and give the person the opportunity to leave the shelter. If the officer takes enforcement action they should articulate that the warning was given and that the person remained in the shelter after several busses had passed. B. On the General Offense Report list the complainant for Metro as: Chief of Transit Facilities Security 1301 Airport Way S. (2nd Floor) Seattle, WA 98134 Page 2 of 2 Seattle Police Department Policies and Procedures Title: Section 17.140 Chapter: 17 – Patrol Operations 140 – Death Notifications REFERENCES CALEA standards, 55.2.6, 81.2.11. PHILOSOPHY By law, the Medical Examiner’s Office conducts next-of-kin notifications for most deaths occurring in King County. Occasionally, the Seattle Police Department is asked to conduct a notification, or to convey an emergency message. To the extent that the request will not interfere with either the statutory duties of the medical examiner or any investigation, the Department will attempt to provide this service to the community. POLICY When requested to do so, department employees will notify next-of-kin in the event of a death or imminent death of a person. It is recognized that these notifications are “crisis” service calls; therefore, officers may take any reasonable action to assist the person through what is often an overwhelming time (this may include transport, phone calls, chaplain services, etc). I. Procedure A. The chief dispatcher shall notify the appropriate watch commander of a request to provide a notification, and the nature or circumstances of the notification. B. The watch commander shall determine whether or not to approve the request. Generally, notifications for deaths occurring within King County will be handled by the medical examiner. If approved, the watch commander shall direct the chief dispatcher to dispatch the call, or alternatively, may elect to personally handle the notification. C. The appropriate watch commander shall personally notify the next-of-kin of an employee’s death or serious injury. Effective Date: 6/30/03 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.150 Chapter: 17 - Patrol Operations 150 – Disorderly Conduct on a Bus or in a Bus Stop Policy Through the application of SMC 12A.12.040-Disorderly Conduct on Buses, the Seattle Police Department will strive to make the cities buses and bus shelters safe for all citizens. I. SMC 12A.12.040 Disorderly Conduct on Buses states: A. A person is guilty of disorderly bus conduct if while on or in a municipal transit vehicle, as defined in RCW 46.04.355, or in or at a municipal transit station, and with knowledge that such conduct is prohibited, he or she: 1. Discards litter other than in designated receptacles; or 2. Plays any radio, recorder, or other sound producing or reproducing equipment except that nothing herein shall prohibit the use of such equipment when connected to earphones that limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or private communication devices used to summon or notify individuals ("beepers"); or 3. Spits or expectorates; or 4. Carries any flammable or combustible liquid, explosive, acid, or other article or material in a manner that is likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette lighter, cigar lighter, or pipe lighter, or carrying a firearm or ammunition in a way that is not otherwise prohibited by law; or 5. Unreasonably disturbs others by engaging in loud or raucous behavior. 6. Consumes liquor, as defined in Section 12A.24.010, or possesses an open bottle, can or other receptacle containing liquor. B. As used in this section, "municipal transit station" means all facilities, structures, lands, interest in lands, air, rights over lands, and rights-of-way of all kinds that are owned, leased, held, or used by public agency for the purpose of providing public transportation. C. Disorderly bus conduct is a misdemeanor. II. Procedures A. Officers shall describe or verify the location as a municipal transit station or municipal transit vehicle prior to issuing a Disorderly Bus Conduct Admonishment Card (form 15.5). B. The officer will explain the basics of disorderly conduct relating to buses and bus facilities to the person and ask them to sign the acknowledgment portion of the card. If the person refuses to sign, the officer will note the refusal on the card. C. On the back of the Disorderly Bus Conduct Admonishment Card (form 15.5) the officer will articulate the circumstances justifying the admonishment and include any other enforcement action taken at the time of the admonishment. D. The Disorderly Bus Conduct Admonishment Card (form 15.5) is filed at the precinct of occurrence. The cards will be retained at the precinct of occurrence for the current year plus one. Effective Date: Page 1 of 2 Disorderly Conduct on a Bus or in a Bus Stop Section 17.150 E. The Disorderly Bus Conduct Admonishment Card (form 15.5) will be entered into the CAD system. When a person’s name is checked for warrants, current admonishment information will also be displayed. F. If a person is contacted at any location in the City where they have been admonished, and a current Disorderly Bus Conduct Admonishment Card (form 15.5) is on file, probable cause may exist for their arrest. G. If an arrest is made, the officer will retrieve the Disorderly Bus Conduct Admonishment Card (form 15.5) on file. 1. The front and back of the original Disorderly Bus Conduct Admonishment Card (form 15.5) will be copied on a continuation sheet and included with the major report. 2. Complete a new Disorderly Bus Conduct Admonishment Card (form 15.5). After this card has been processed (per D and E above), it should be stapled to the original card. H. The officer who issued the “original” Disorderly Bus Conduct Admonishment Card (form 15.5) will be listed as the secondary officer. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 17.170 Chapter: 17 - Patrol Operations 170 – DUI Investigations REFERENCES CALEA 42.2.1, 61.1.11 RCW 46.20.308, 46.61.502, 46.61.503, 46.61.504 SMC 11.56.020 I. II. Definitions A. Adult: Any person who is 21 years of age or older B. Minor: Any person under 21 years of age. General A. The BAC Verifier Datamaster breath test shall be the primary test administered to determine the blood alcohol content level of a suspect. B. A blood test may be administered in lieu of a breath test when: C. III. IV. 1. The suspect is physically incapable of giving a breath test, 2. The suspect is being treated for a medical condition in an ambulance, aid unit, doctor’s office, clinic, or other location where a BAC Verifier Datamaster is not available, or 3. There is probable cause to believe the suspect is under the influence of drugs only. Refer to DP&P - Breath and Blood Alcohol Content Tests for more information. DUI Arrests Not Reportable to the Department of Licensing (DOL) A. Incidents which do not meet the criteria in subsection IV of this manual section are not reportable to DOL. B. Completion of DOL specific reports are not required in non-reportable DUI incidents. DUI Arrests Reportable to DOL A. Use the same processing and reporting procedures for all persons regardless of age or driver’s status. B. Adults: All DUI cases where the driver's blood alcohol level is determined to be .08 or greater; either by blood test result, or where both breath samples are .08 or greater. C. Minors: All DUI cases where the driver's blood alcohol level is determined to be .02 or greater; either by blood test result, or where both breath samples are at least .02 or greater. D. Commercial vehicle operators with a blood alcohol level of .04 or greater, who hold a Commercial Driver’s License (CDL). E. Any refusal to submit to a breath or blood test, including DUI-Drugs only. Effective Date: 11/21/07 Page 1 of 8 Section 17.170 DUI Investigations V. VI. Post-Arrest Processing A. Miranda warnings should be given as soon as possible after taking a suspected DUI driver into custody. B. Read the suspect the "Implied Consent Warning" (ICW) that pertains to the type of test requested (breath or blood). C. If possible, obtain a signature from the driver on the ICW form. When Subject Submits to Requested Test A. Breath Test 1. 2. After reading the ICW and obtaining a signature from the suspect, check the inside of the suspect’s mouth for foreign material. a. If there is anything in the suspect’s mouth, have them remove it. b. If the suspect has jewelry or ornamentation pierced through tongue or other soft tissue in the mouth, ask him/her to remove it prior to the BAC test. If he or she cannot remove the jewelry or refuses to do so, then invoke implied consent for blood under the language “other physical limitation.” Begin the 15 minute observation period. a. The suspect cannot eat, drink, smoke, or vomit during the 15 minutes. (1) b. 3. B. If they do, the mouth must be re-checked, and the 15 minute observation period re-started. The observation period may be used to fill out the Alcohol Influence Report (AIR). After a minimum of 15 minutes, the breath test can be administered. Blood test 1. A 15 minute observation period is not necessary. 2. Complete the blood draw according to the instructions contained in the "blood kit". a. 3. Refer to DP&P - Breath and Blood Alcohol Content Tests. After the blood draw: a. Do not punch Washington Driver’s License. b. Place a copy of the Implied Consent Warnings for Blood with the Blood Kit samples into the Evidence Unit. c. Submit the original Implied Consent Warning for Blood to the Crime Records Unit. d. Send the original Report of Breath/Blood Test and a copy of any supporting paper documents to the Traffic Collision Investigation Squad (TCIS) in an Alert packet. VII. When Suspect Refuses to Take Requested Test A. Complete the Report of Refusal to Submit to Breath/Blood Test. 1. BAC Verifier breath test: a. Page 2 of 8 Prepare the machine for a breath test, as if the suspect had agreed to take the test, Section 17.170 DUI Investigations B. b. When the BAC Verifier prompts “Subject Refuse Y/N?”, press Y, and c. Process the BAC document (3 part printout) as if the suspect had taken the test. Complete the Implied Consent Warnings For Breath (form 8.8) having the Defendant mark “No” if possible, as a response to the question, “Will you now submit to a breath (blood) test?”. VIII. Documenting a DUI Arrest A. SPD officers shall use the following SPD DUI forms when documenting the arrest of an intoxicated driver. These forms can be found in stapled packets next to the BAC Verifier Datamaster. 1. Report of Breath/Blood Test & Report of Refusal to Submit to Breath/Blood Test 2. Implied Consent Warnings for Breath (form 8.8) 3. Alcohol Influence Report (AIR) (form 8.4B) (three page form.) 4. DUI Certification / Declaration (form 8.9) 5. Driver’s Hearing Request Information (form 8.7) 6. Waiver of Hearing Fee *Implied Consent Warning for Blood and Felony Case Blood Draw Forms are attached to the Blood Draw Kit. B. C. Police reports are now prima facie documentation for any subsequent DOL administrative hearing. These reports must contain specific information to ensure that the subject’s privilege to drive is reviewed by DOL for possible suspension, revocation, or probation. The following information must be included in the DUI paperwork or, if completed, the General Offense Report. 1. Sufficient probable cause to support the initial contact for a driving violation or physical control. 2. A reasonable suspicion based on initial observations that the driver may be intoxicated. This reasonable suspicion supports any further investigation conducted at the scene. 3. Probable cause, supported by field sobriety tests whenever possible, to believe that the driver was operating or in actual physical control of a motor vehicle under the influence of intoxicants. 4. Time of Miranda warnings. 5. Advisement of the Implied Consent Warning. 6. A valid breath or blood test, given according to standards established by the State Toxicologist, and administered by a qualified person. 7. The results of the breath or blood test, indicating that the driver’s BAC level was .08 (adult)/.02(minor), or higher. Report of Breath/Blood Test - Report of Refusal to Submit to Breath/Blood Test 1. Complete as appropriate. 2. Check whether the subject was given notice of the right to a hearing. 3. Check whether the subject’s Washington State Driver’s License was marked. 4. Request that the subject sign in the "Notice of Right to Hearing" block. 5. Complete the certification block. 6. DOL will use the listed phone number to schedule a telephonic hearing, if needed. Page 3 of 8 Section 17.170 DUI Investigations D. 7. DOL will fax or mail hearing information requests to the SPD Records Files Unit Supervisor. The Records Files Unit will fax or mail a complete file packet of the case report to DOL. This will include the original DUI Certification/Declaration form(s). 8. When breath test results are reportable, the Crime Records Unit will fax and mail the original Report of Breath/Blood Test to DOL. 9. Reportable blood test results will be returned to the arresting officer by TCIS. When these lab results are received, enter the test result on a Report of Breath/Blood Test, sign and date it. Complete a DUI Certification/Declaration and a Supplemental Report. Send all the paperwork in an Alert packet to the Crime Records Unit. The Crime Records Unit will fax and mail the original Report of Breath/Blood Test to DOL. The original DUI Certification/Declaration will be sent to DOL upon notification of a scheduled hearing. DUI Certification / Declaration 1. This form will be completed each time an original document or any Supplemental Report is submitted to the Crime Records Unit on a reportable DUI case. IX. Paperwork Routing A. Officer’s Responsibilities 1. Put a packet together in the following order (items preceded by an asterisk (*) are required only for DOL reportable DUI incidents): Note: If the suspect is booked into jail, a General Offense Report must be written. B. a. DUI citation (if issued), b. Other citations, c. Report narrative, on Continuation Sheet(s) if no General Offense Report is written, d. Implied Consent Warning, e. Alcohol Influence Report, f. Other reports (Vehicle Report (form 5.5), accident, etc.), g. Original Report of Breath/Blood Test or Report of Refusal to Submit to Breath/Blood Test, h. Original copy of BAC Document taped to a Continuation Sheet, i. Photocopy of both sides of administering officer’s BAC Verifier Datamaster Program Permit Card taped to a Continuation Sheet, and j. Signed DUI Certification/ Declaration. 2. Send the packet described in paragraph 1 above to the Crime Records Unit in an Alert packet. 3. It is the officer’s responsibility to ensure that all paperwork is submitted in a timely manner to the Crime Records Unit so that DOL’s reporting timelines can be met. Crime Records Unit Responsibilities 1. For DOL reportable DUI arrests: a. Page 4 of 8 Fax and mail all original Report of Breath Test or Refusal to Submit to Breath Test to DOL within 72 hours of arrest. Section 17.170 DUI Investigations 2. b. Fax and mail the completed original Report of Blood Test to DOL within 72 hours of receipt (blood draw cases only). c. DOL will request copies of the report from the SPD Records Files Unit Supervisor when a hearing has been scheduled. The Records Files Unit will send the arresting officer's original DUI Certification/Declaration and a copy of the requested file to DOL within five (5) working days. For non-DOL reportable DUI incidents: a. X. Handle the report packet normally. Temporary Driver’s Licenses A. Temporary Driver’s Licenses are issued only for DOL reportable DUI incidents for drivers licensed in Washington State. 1. A diamond shaped punch is located next to the BAC Verifier Datamaster. obtaining a valid reportable breath test, or refusal, punch the defendant's license. After a. On older format WADOL place the diamond punch on the green “driver’s license” box in the center of the top of the license. b. On WADOL issued after 06/2001 place the diamond punch near the date of expiration. NOTE: Do not mark out of state licenses. 2. XI. The punched license is good for 60 days unless an extension is granted by DOL, or the valid license expires in less than 60 days. B. Subjects with invalid licenses (e.g. expired, suspended, revoked, instruction permit, or no license at all) are not granted any “temporary driver’s privilege” because their licenses are invalid. Check driver’s status via the DOL computer system. C. Do not seize the subject’s driver’s license unless otherwise directed or mandated by law. Driver’s Hearing Request Information A. Provided to subjects in all DOL reportable DUI cases, except for completed blood draw situations. 1. B. This form notifies a subject of their DOL hearing options. Fill out the applicable portion of the form, as well as the date of arrest at the bottom. Give the two green copies to the driver. XII. Blood Test for DUI-Drugs ONLY A. Testing of blood for drug content is now authorized where probable cause exists for DUI-Drugs. The results of this blood test may be used in a criminal prosecution for DUI-Drugs. B. Refusals to submit to a blood test are reportable to DOL. 1. DOL has no legislative authority to act on the results of a positive blood test for DUIDrugs. 2. Therefore except for a refusal to submit to a requested test, a “DUI-Drugs only” incident is not reportable to DOL. C. Place a copy of the ICW for Blood with the Blood Kit samples to the Evidence Unit. D. Submit the original ICW for Blood to the Crime Records Unit. Page 5 of 8 Section 17.170 DUI Investigations E. Send the original Report of Breath/Blood Test and a copy of any paper documents to TCIS in an Alert packet. XIII. DUI Blood Draw Follow-up A. When a blood test result is received by TCIS, it will be sent to the arresting officer, who will: 1. Record the blood test result on the original Report of Breath/Blood Test, a. 2. Sign and date the report. Complete a DUI Certification/Declaration and a Supplemental Report, and3. the paperwork to the Crime Records Unit in an Alert packet. Send XIV. Felony Case Blood Draw A. Refer to DP&P - Breath and Blood Alcohol Content Tests. B. Suspected DUI drivers under arrest for Vehicular Homicide or Vehicular Assault (where another person suffers serious bodily injury) require a blood draw. C. Instructions for performing a Felony Case blood draw are included in the Blood Kit, which can be obtained from the Evidence Unit. XV. DUI Collision Investigation A. A driver’s admission that they were driving a car involved in a collision can only be used if we can establish that fact independently (e.g., a witness can identify the subject as the driver). B. To ensure conviction, officers should: 1. Diligently search for and record the identity of eyewitnesses to the collision, 2. Interview the other driver(s) if two or more cars are involved, 3. Look for physical evidence placing the driver in the car, and a. 4. Physical evidence includes, but is not limited to: (1) Injuries caused by striking particular interior features. (2) Defendant’s personal property in the car. (3) Defendant possessing the car key. Verify that the car is registered to the defendant. XVI. Requests for Private Attorney/ Client Conversations A. Officer(s) Obligations Following a Request by a Defendant To Speak To An Attorney: 1. 2. B. Page 6 of 8 Officer(s) must provide the means for the defendant to contact an attorney by affording: a. Access to a phone book, b. Access to a phone, and c. Access to the Public Defender. (Give the number to the defendant - have the number posted near the BAC Verifier machine and near the phone.) For the defendant to make use of the private conversation argument, it appears the following two facts must exist: a. A request for privacy must be made by the attorney or the defendant, and b. The defense must show the defendant was prejudiced by the lack of privacy. Officer(s) Obligations Following a Request By a Defendant or Attorney for Privacy. Section 17.170 DUI Investigations 1. The extent of privacy afforded need be no more than what is reasonable considering the circumstances. 2. Officer safety need not be forsaken. However, holding a phone to the ear of a handcuffed prisoner may be considered a violation of the attorney contact rule by some courts. 3. Do not allow access to an escape route. 4. Do not jeopardize property. XVII. DUI Criteria for Release A. The officer is reasonably assured that the violation will not continue. B. The officer is reasonably assured the individual will be available for court. C. The individual has transportation; taxi, relative, friend, etc., immediately after the conclusion of the testing and reporting process. D. Minors (under 21 years of age) with blood alcohol level of .02 or higher. 1. Take every reasonable attempt to protect the welfare of an impaired minor. 2. Save the minor sign the condition of release section on the (ICW) Blood or Breath. 3. Attempt to contact a parent or guardian. 4. Screen the release with a Sergeant, document the steps taken in the DUI paperwork or, if completed, the General Offense Report. XVIII. Arraignment Date A. The Seattle City Attorney’s office has mandated that officers include a next day arraignment date on all DUI citations issued when the suspect is not booked into jail. Arraignment calendars are held Monday through Thursday and Saturday afternoon. Note: Officers must use release time in determining the proper date to list on the citation. For example, if a suspect is released at 11:30 p.m. on January 3rd, list January 4th as the appearance date. Likewise, if the suspect is released at 12:30 a.m. on January 4th, then list January 5th as the appearance date. If there is no arraignment calendar the next day after the suspect’s release, list the next available arraignment date. 1. Officers must include the following on the citation: Time: 1:30 p.m. Place: Jail Courtroom #2 King County Jail 500 Fifth Ave. Seattle, WA 98104 Page 7 of 8 Section 17.170 DUI Investigations DUI Paperwork Completion Guidelines BAC above legal limit .02 minors .08 adults* Refusal to take breath or blood test Commercial Vehicle Operator over .04 BAC Punch Valid WA. License (Do not punch out of state) x x x Report of Submittal to Breath/Blood Test x Report of Refusal to Submit (Breath/Blood) Blood test instead of Breath x x ** x Driver Hearing Request Information Form x x x DUI Certification x x x x x x x x Note: Check the mandatory box on the citation and also write the release date and time on the face of the citation. DOL Reportable * BAC level refers to lower of 2 breath samples. ** DUI - send original submittal form with copy of DUI report to TCIS. Felony Blood Draw - include original submittal form with arrest report. B. Page 8 of 8 In addition to the reports listed above, which apply only to DOL reportable incidents, all DUI arrests require: 1. General Offense Report (Cite and release incidents may be documented on the back of the DUI Criminal Citation, using Continuation Sheet(s) as necessary.) 2. DUI citation 3. Citations for any moving infractions 4. Alcohol Influence Report 5. Implied Consent Warning 6. Original BAC Verifier document taped to a Continuation Sheet (breath tests/breath test refusals only) 7. Any other reports made in connection with a DUI arrest (State of Washington Police Traffic Collision Report, Vehicle Report (form 5.5), etc.) Seattle Police Department Policies and Procedures Title: Section 17.190 Chapter: 17 – Patrol Operations 190 – Extraordinary Street Closures POLICY The Seattle Police Department is charged with promoting the safe, expeditious flow of traffic. Partial or complete road closures are necessary on occasion. Any police officer may close freeways, streets, alleys and bridges when, in their judgment, such action is warranted by emergency conditions. Because the closure of a street or alley presents limited impact on traffic flow, any officer can do it. However, the closure of a major thoroughfare, highway or bridge requires the notification, response and eventual approval by a supervisor as soon as possible after the closure is made. While the duration of road closures shall be as short as possible, life safety is paramount to any decision to close or reopen any roadway or structure. I. Considerations A. The following factors should be considered prior to initiating a total closure of any freeway, street, alley or bridge. II. 1. Safety of on-scene personnel. 2. Time of day. 3. Type of incident being handled (fatality accident, suicide attempt, barricaded suspect, shooting scene, structure damage, bridge or banner hangers) and the location of evidence on the roadway including tire marks, pavement gouges, collision debris and clothing & items associated with pedestrians. This type of evidence can be very transient in nature and needs to be protected. 4. Jurisdiction of the incident (Seattle Fire Department (SFD), Washington State Patrol (WSP), King County Sheriff’s Office (KCSO), etc.). 5. Access of emergency vehicles to or through the scene and surrounding area. 6 Implementation of the Incident Command System (ICS). 7. Request for additional support (SDOT, Crisis Intervention Team, WSDOT, WSP, SFD, Harbor Patrol, SWAT, Guardian 1, etc.). 8. Behavior of motorists and pedestrians. 9. Notifications (Media, chain of command, Duty Captain, Metro, etc.). Initiating a Closure A. When a situation develops which, in the opinion of an officer, necessitates the full or partial closure of any freeway, major arterial or bridge, a supervisor will be immediately notified and will respond as soon as possible. B. After a full closure of any freeway, major arterial or bridge, a watch commander holding the permanent rank of lieutenant will respond to the scene to assess and monitor the situation, and determine which agency has primary jurisdiction. Effective Date: 2/13/08 Page 1 of 2 Extraordinary Street Closures 1. The Communications Section shall be immediately informed of the closure and the expected duration of the closure. Communications shall make all necessary notifications (Media, chain of command, Duty Captain, Metro, SDOT, WSDOT, WSP, SFD, etc.). 2. Only the amount of roadway necessary to safely and effectively complete an investigation will be closed. 3. Every effort to re-direct or detour traffic around the scene will be made. 4. If a street closure lasts more that fifteen (15) minutes, an on-duty Watch Commander shall be notified. a. C. Section 17.190 The Watch Commander will email the Chief of Police and provide a brief explanation of what occurred and the reason for the closure. 5. If a street closure lasts more that thirty (30) minutes, the Precinct Commander or Duty Captain shall be notified. 6. The on-scene TCIS supervisor shall notify the Traffic Section Commander for street closures that will last longer than thirty (30) minutes. In the event a state road within the city limits of Seattle is closed by the WSP, Seattle officers will proceed to the closure point, if possible, and assist as necessary. D. When available, officers from the Traffic, Motorcycle and/or Parking Enforcement Units should be requested to relieve all patrol officers assigned to traffic control posts surrounding the traffic closure. A traffic supervisor shall respond to the Command Post to assess the situation and coordinate this effort. Page 2 of 2 Seattle Police Department Section Policies and Procedures Title: 17.200 Chapter: 17 – Patrol Operations 200 – Alarm Response REFERENCES CALEA standards, 81.2.13. PHILOSOPHY Alarm calls and their counterpart “false alarms” are one of the most frequent patrol calls. This places a large drain on patrol resources. The Department is attempting to reduce unnecessary calls for service while attempting to recover the cost of police alarm response. PURPOSE The new ordinance is an attempt to address the false alarm issue. It uses an after-the-fact billing system that shifts the financial burden from the alarm owner to the alarm company. POLICY Officers will respond to dispatched alarm calls based on the below criteria and response priority. The Alarm Unit will be responsible for overseeing overall ordinance enforcement, contested false alarm hearings, noresponse status and the new alarm user class. The City’s Revenue and Consumer Affairs Division will be responsible for all billing/licensing issues. I. Definitions A. False Alarm: An alarm is determined to be false when there is no evidence of a crime, attempted crime, or other activity, documented by physical evidence, that would warrant police response or investigation. B. Alarm System or Alarm Device: Means any system, device, or mechanism, which when activated transmits a telephonic, wireless, electronic, video, or other form of message to a 3rd party alarm system monitoring company or emits an audible or visible signal that can be heard or seen by persons outside the protected premise, or transmits a signal beyond the premises in some other fashion. C. Local Alarm: An audible/silent property intrusion alarm not connected to a 3rd party monitoring company that emits an audible or visible signal that can be heard or seen by persons outside the protected premise, or transmits a signal beyond the premises in some other fashion. Local Alarms are exempted under this ordinance. They are required to have an emergency contact number posted near the entrance and a 10-minute reset on the audible alarm. D. Human Activated Alarm Signals (Robbery, Hold-Up, Panic, or Duress Alarms): Any burglar alarm system installed on real property, designed to be used by individuals to alert others that a robbery or other crime is in progress or immediate assistance is needed to avoid injury or serious bodily harm. E. Bank Alarms: Silent/audible Hold-Up, Vault Alarms and Bill Traps are considered “Human Activated” alarms and are dispatched as a priority 1 emergency. Audible/silent perimeter bank alarms are considered a priority 2 expedited but non-emergency response, absent independent verification that a crime is in progress. F. Vehicle Alarms: A non-monitored, stationary, unoccupied vehicle alarm for theft/vandalism protection. These alarms are exempted from the Alarm Ordinance. (See SMC 11.84.365) G. Mobile Security Devices: These security devices are not covered under the Alarm Ordinance. There are two basic types. Effective Date: 11/19/07 Page 1 of 5 Section 17.200 Alarm Response 1. Mobile Alarms: An occupied vehicle alarm with a “Human Activated” panic button system. Generally has Global Positioning System (GPS) capability and may or may not have 2-way voice communication. (On-Star vehicle type device) 2. Personal Alarm: A Portable hand-held device carried on a person. Generally has Global Positioning System (GPS) capability and may or may not have 2-way voice communication. H. Free-standing ATM machines: A machine used to dispense money from financial institutions. Located on the outside of a bank building or free-standing, independent of a bank. Free-standing ATM machines are often located at retail premises. I. VARDA Alarms: Police installed Voice Alerting Radio Detection Alarm or other police installed alarms on a temporary basis. These alarm systems are handled within the Intelligence Unit. II. Response to Alarm Calls A. All intrusion type property/burglar alarm calls, whether audible or silent, will be dispatched as a priority 3 non-emergency, absent independent verification that a crime is in progress. This includes unoccupied vehicle alarms. B. All Human Activated alarms (Commercial Hold-Up, Robbery type or Residential Panic, Duress, etc), whether audible or silent, will be dispatched as a priority 2 expedited but non-emergency, absent independent verification of a crime in progress. 1. Exceptions: a. Bank alarms (silent Hold-Up, etc.) will be dispatched as a priority 1. b. Bank alarms (audible perimeter) will be dispatched as an expedited priority 2 c. VARDA (police alarms) will be dispatched as a priority 1. III. Alarm Procedures A. Respond appropriately and check the premise for signs of a crime. B. If a crime, attempted crime or other emergency has occurred, take appropriate action and document itin a General Offense Report . The standard for taking a General Offense Report for an alarm is physical evidence that a crime has occurred. C. Examples when circumstances do not justify a General Offense Report: 1. Suspicious circumstances that do not rise to the level of a preponderance of evidence that an attempted crime occurred. a. An open or unsecured door with no physical evidence of entry, damage, theft or eyewitness event will be considered a false alarm. b. An alarm triggered by someone or something without criminal intent or means such as an authorized person without proper code or something moving or falling over and setting off a sensor will be considered a false alarm. D. If the alarm signal is false, complete a Door Hanger (form 7.27) and leave it on the door or with the owner. Page 2 of 5 Section 17.200 Alarm Response E. MIRs 1. Clear the call with the appropriate MIR (listed below). This information is the essential basis for alternative solutions to alarm response scenarios. The practice of clearing an alarm call with a Suspicious Circumstances MIR (280-U) will be discontinued. MIR Description 200 Alarm, Audible, Failure to Reset: Violation of 10 minute reset rule, excludes fire alarms SMC 10.08.145 201 Alarm, Local, Verified Address: Non-Monitored alarm where address of alarm has been verified 202 Alarm, Local, Unverified Address: Non-Monitored alarm where address of alarm cannot be verified 203 Taxi Hold-Up/Help light: Either GPS Hold-Up button has been activated or Help light on Marquee 204 Metro Bus Panic Button: "Help" button activation 205 Commercial Lock-out: Business, security lock out, preventing investigation of alarmed premise 206 Residential Lock-out: Private Residence, lock out, preventing investigation of alarmed premise 207 Commercial Alarm (Hold-Up): Human Activated Hold-Up alarm 208 Priority Alarm (Bank-ETS): Selected Bank "money pack tag" alarm 209 Bank Alarm (Hold-Up): Human Activated Bank Hold-Up 210 Free Standing ATM: Tamper, perimeter, motion 211 Bank Alarm (Perimeter): Audible/Silent Perimeter 212 Commercial Alarm (Perimeter): Audible/Silent Perimeter 213 Fire Alarm: Fire "pull" or bell alarm 214 Residential Alarm (Perimeter): Audible/Silent Perimeter 215 Residential Alarm (Panic/Duress): Human Activated Audible/Silent 216 Police Alarm: Temporary Police installed Alarm 217 School Alarm: Audible/Silent Perimeter 218 Vehicle Alarm (Unoccupied): Audible Perimeter 219 Mobile/Personal Alarm (Panic): Human Activated Silent Panic F. Proper Dispositions for Alarm Calls 1. “A, C or D” Valid alarms ( General Offense Report required) 2. “M” False alarm 3. “Q” Unable to locate 4. “S” No such address 5. “V” Cancelled en-route by Radio G. False Alarm Fees (November 2005) 1. This ordinance uses an after-the-fact billing system taking officers out of the billing decision. Officers will determine whether the alarm signal is valid or false based on the above criteria and clear the alarm with the appropriate MIR and disposition. The alarm company will be billed for all false alarms. The fees described below are what the City charges the alarm company. It is Page 3 of 5 Section 17.200 Alarm Response commonplace for the alarm company to add additional administrative fees and pass it on to the alarm owner. a. $10 Alarm Device License fee (annual renewable due every January) b. $90 false alarm fee (per false alarm response) c. $30 Victor Cancellation d. $0 Cancellations prior to dispatch e. Only the Alarm Administrator has authority to waive a false alarm fee IV. Fire Alarms A. There are Fire Alarm Device Fees (License fees) applied to commercial types of fire alarms. Contact the alarm company and/or the Fire Marshals Office for details. B. Monitored smoke/fire alarms that are a part of a burglar alarm system are considered part of the system and not subject to the Fire Alarm Device Fees. C. There are no False Alarm Fees for Fire Response. If called by the Seattle Fire Department to assist in a criminal investigation of a false fire alarm, do so and follow SPD reporting/arrest procedures. D. If SFD sets off a burglar alarm write a General Offense Report and clear the alarm call with a 314C. V. Verification of Alarm Signals A. The alarm-monitoring center is required to make two (2) telephone verification calls prior to calling police. The first call is placed to the alarmed premise. If no contact is made, an additional call will be placed to a second number. This will be noted on the VMDT in the free text area as Ver/ (0,1,2,3, etc), indicating how many verification calls were made. This should not be considered as evidence of a valid alarm or a crime in progress. Human Activated alarm signals do not require telephone verification and will be seen as VER/ 0 or HA. VI. Cancellations A. Alarm signal cancellations will be accepted on all alarm calls (including Human Activated) prior to police dispatch. The exceptions are: bank alarms, priority bank alarms and police alarms. B. “Victor” cancellation codes will only be issued by Radio. Victor cancellations will be accepted up until officer arrival at the premise. Victor cancellation calls will be billed to the alarm company. VII. Warning/Alarm User School A. An alarm owner is authorized one lifetime warning for a false alarm per premise. To obtain that warning (Waiver of first false alarm fee) the alarm owner will request the waiver through their alarm company, who is responsible for notifying the City. Upon notification from the City, the Alarm Unit will mail instructions to the alarm owner. The alarm owner has four (4) months to complete the class. The class is held at SPD Headquarters and covers the Alarm Ordinance, false alarm burden and additional ways to secure homes or businesses. Officers no longer have the authority to grant warnings or waive the false alarm fee. B. Additional options have been added in 2006, which will qualify the alarm owner for the one-time waiver of a false alarm fee: 1. Attending the Alarm User Class 2. Contracting with a Private Guard service through their alarm company for alarm response 3. On-Site Crime Prevention Consultation (designed for the elderly, 70 and older and disabled) 4. Pre-False Alarm Class, (Open to anyone wishing to attend the alarm user class for informational purposes or future credit on one false alarm) Page 4 of 5 Section 17.200 Alarm Response 5. C. Only the Crime Prevention Consultation is routed through the Alarm Unit All options to waive the one-time false alarm fee are routed through the alarm company to the City with the exception of the Pre-False Alarm Class. This is routed directly to the Alarm Unit. VIII. No-Response Status A. Both residential and commercial premises may be placed on “no-response status.” B. Premises with six (6) false alarms in twelve (12) connective months (from the date of the first false alarm) will require the property owner and an alarm company representative to have an administrative hearing to contest the “no-response status”. The purpose of the hearing is to ensure changes are made to correct the false alarm problem. If the property is placed on the “no-response status” as a result of this hearing, it will remain so for one year. C. Officers concerned with premises having excessive false alarms should contact the Alarm Unit. IV. Citizen Questions A. Officers should direct citizen questions regarding false alarm billing issues to their alarm company. It is the responsibility of the alarm company to represent their customer with any billing and contested alarm hearing. B. Questions regarding the false alarm ordinance, police response to alarms, security or general crime prevention questions relating to an alarm issue may contact the Alarm Unit at 684-7713. C. Additional information may be obtained through http://www.cityofseattle.net/police/prevention/alarms. the SPD external web page under D. The alarm unit or the Precinct Crime Prevention Officer is available for on-site Crime Prevention Consultations. This service is available to anyone whether or not they own an alarm system. Page 5 of 5 Seattle Police Department Policies and Procedures Title: Section 17.210 Chapter: 17 - Patrol Operations 210 – Fireworks Disposal & Disposition POLICY The Arson/Bomb Squad has placed fireworks collection barrels at each of the Precincts, and the barrels will now remain for use on a year-round basis. These barrels are clearly marked and are secured with padlocks. Keys for the barrels, along with a key checkout log, will be maintained by the precinct desk officers. Fireworks will no longer be taken to the Evidence Section for storage. Further, the Seattle Fire Department will not accept fireworks from either officers or citizens. In response to telephone inquiries, citizens should be directed to the nearest precinct for disposal of found fireworks. I. Procedure for handling fireworks: A. Fireworks needed as evidence: 1. Fireworks will be placed in an envelope or paper bag (plastic containers should not be used due to possible static electricity hazard); 2. A copy of the related citation will be attached or the General Offense Number will be written on the envelope or paper bag and the evidence will be placed in the barrel and secured; 3. The Arson/Bomb Squad will be contacted immediately if the quantity of fireworks is too large to safely fit in a barrel; 4. Arson/Bomb Squad personnel will respond and take items to the bunker, where they will be held until disposition of the criminal investigation and/or charges, at which time Arson/Bomb Squad personnel will be responsible for disposal. B. Fireworks which have been turned in, or confiscated, and are not needed as evidence: 1. Fireworks will be placed in an envelope or paper bag (plastic containers should not be used due to possible static electricity hazard); 2. A copy of a Memorandum documenting the circumstances under which the fireworks were recovered will be attached or the Street Check Number or General Offense Number will be written on the envelope or paper bag (If fireworks are recovered ancillary to a criminal investigation, but are not wanted as evidence, write the General Offense Number on the envelope or paper bag and note that the fireworks are “not needed as evidence”); 3. With any related paperwork attached, the fireworks will be placed into the barrel and secured; 4. The Arson/Bomb Squad will be contacted immediately if the quantity of fireworks is too large to safely fit into the barrel; 5. Arson/Bomb Squad personnel will respond and take charge of the items for disposal. Note: Collection of any number of M-80 size devices, or larger, will require immediate notification of the Arson/Bomb Squad for response. At no time will any fireworks be placed outside the fireworks barrel. Should the barrel be full, the Arson/Bomb Squad must be immediately contacted for response and collection. Effective Date: 11/20/07 Page 1 of 2 Fireworks Disposal & Disposition Section 17.210 If there is any question about the appropriateness of placing any item in the barrel, contact the Arson/Bomb Squad immediately. Page 2 of 2 Seattle Police Department Policies and Procedures Title: 17.220 Chapter: 17 - Patrol Operations I. Section 220 - Fish & Game Enforcement General A. B. II. 1. Deferred, in most cases, to the Department of Fish and Wildlife, or the appropriate State or Federal agency, 2. Determined on a priority basis, keeping in mind that the Department's primary mission is to maintain the peace and protect life and property, and 3. Limited by the availability of Department staffing and resources. When the Department receives a direct complaint, every effort will be made to defer primary enforcement responsibility to the appropriate State or Federal agency. Assuming Primary Investigative Responsibility A. III. The Department has the authority to enforce State Fish and Game law violations occurring within the City, however, any enforcement in this regard will be: When SPD personnel are required to accept primary enforcement responsibility of a fish or game law violation: 1. Normal SPD investigative and reporting procedures will be followed, and 2. Notification will be made to the appropriate State or Federal agency, which will assume responsibility for any follow-up investigation. Requests for Assistance A. SPD personnel will assist on an emergency basis and only upon request of the appropriate agency. B. Assistance will be determined by the nature of the emergency and the availability of SPD personnel and equipment. C. Approval must be given by a SPD Watch Commander or Harbor Unit supervisor. D. Under normal circumstances, SPD personnel will not be assigned to watercraft of any State or Federal agency. When appropriate, assistance on a body of water within the City limits will be provided by Harbor Unit units. E. When SPD personnel are requested to respond to an emergency situation aboard a watercraft of a State or Federal agency, and the SPD Harbor Unit is not available: F. 1. An Operations Bureau supervisor will be assigned by the Watch Commander or Harbor Unit supervisor who gave the initial approval, and 2. SPD officers involved will be under the command and control of the SPD supervisor. If at any time during the operation the supervisor feels that the officers are being called upon to perform duties or acquire obligations contrary to Department policy, or law, immediate steps will be taken to withdraw, or correct the situation. The role of SPD will be to maintain the peace, protect life and property, assist in actual enforcement only if necessary, and defer primary enforcement responsibility to the agency requesting assistance. Effective Date: 7/1/96 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.260 Chapter: 17 - Patrol Operations 260 – In-Car Video POLICY Sworn Department members assigned a digital in-car video/audio recording system (DICVS) will make every effort to use it to document all traffic stops, pursuits, vehicle searches and citizen contacts when occurring within camera range. If reasonable to do so, they will record their approach to crime scenes and any scene they feel could benefit from being recorded. If practical, the camera will be activated to record infractions, i.e., the justification for traffic stops. Officers may supplement the video recording with an audio description of the event and describe any external factors that may not have been recorded, e.g., prior observations, road conditions, contributing circumstances. Officers will not record political or religious activities that are not relevant to a crime or the investigation of a criminal act, e.g., peaceful demonstration/rally. Recording of such an event may occur and be collected only as an incidental reference allowed by SMC 14.12. PURPOSE To establish a uniform policy for the operation of the Seattle Police Department’s DICVS. To establish video data accountability, handling and storage policies, as well as video data retention schedules. I. Retention A. All recorded imagery will be stored and retained by the Department for at least 90 days, or until all criminal, civil or administrative cases to which the recordings are relevant have been adjudicated. B. At the time imagery is originally recorded, officers are responsible for identifying and marking that which needs to be archived beyond 90 days. Within the initial 90-day period, detectives are responsible for notifying the Video Unit of the need to archive imagery required for case investigation/prosecution. The DICVS only retains archived imagery for three years. At the conclusion of that time period, the data is automatically deleted. Data required to be saved beyond three years must be transferred onto a DVD and retained in the appropriate case file. II. Department Review A. Imagery recorded by the DICVS will not be routinely or randomly reviewed to monitor officer performance. A commander/supervisor may conduct a performance review of an officer’s recorded imagery only when there is an articulable reason justifying such review. Notice of the performance review must be provided to the subject officer and the Seattle Police Officers Guild (Guild), and the officer must be given the opportunity to be present with Guild representation during the review. Requests for copies of recorded incidents, which will be the subject of a performance review, should be approved by the precinct/section commander and directed to the commander of the Training Section for final approval and processing. B. The above performance review policy is not intended to limit or restrict the Department’s review of recorded imagery as part of an official Department investigation, including matters referred to OPA Investigations Section, personnel complaints, early intervention inquiries, civil claims or other administrative investigations. C. Training Footage 1. Officers are encouraged to inform their supervisors of recorded events that may have value for training purposes. Effective Date: 11/15/07 Page 1 of 4 Section 17.260 In-Car Video III. Officers Responsibilities A. Operator Procedures 1. Shift Start a. 2. Microphones a. 3. In two officer units only one officer will wear the microphone. Only the microphone most recently synced to a particular DICVS will operate with that system. Officers may exchange the microphone or resync another microphone during the shift; however, the officer with the operational microphone will be primary, whenever feasible, when making contact with citizens. Conversations between officers during routine patrol should not be recorded, absent unusual circumstances. Multiple Units at Scene a. 4. Prior to going into service officers will ensure that 1) they are wearing an authorized uniform readily identifying them as SPD officers, and that 2) all DICVS equipment is working properly. If there are operating problems with any component of the system (video or audio), the system will not be used. The problem will be documented on the officer’s log sheet and/or VMDT, and a supervisor notified. Before starting patrol, the video camera will be positioned to properly record traffic stops, and the wireless microphone will be synced to that camera unit and attached to the officer’s person in a manner suitable for its most effective use. Microphones will be assigned to individual officers, who will be responsible for ensuring they are sufficiently charged to complete each shift. When two or more DICVS units respond to the same incident, all units present should record the incident. The primary unit will be responsible for appropriately documenting that the incident was recorded. Other responding DICVS units will note on the VMDT call history that they also recorded the incident. Citizen Contacts a. Officers will activate the video equipment, including microphone, prior to making citizen contacts. During the initial contact, the officer with the microphone will advise the person that a recording is being made. The announcement will include the following statement: “Under state law this stop is being recorded by sound recording.” That notification must be made as soon as it is practical to do so and must be included on the recording. Officers will continuously operate the video and audio recording throughout the contact. The audio recording must operate simultaneously with the video recording. Note: The RCW authorizes the video/audio recording of citizens during law enforcement officer contacts. Officer(s) will not deactivate the audio or video recording until the contact has been completed, even if the citizen being contacted objects. 5. Miranda a. 6. Rear Seat Recording a. 7. Page 2 of 4 Whenever practicable the advisement of an individual’s Miranda rights should be recorded. If a suspect has initially been Mirandized off camera, they should be Mirandized again for the camera once they are brought to a DICVS equipped vehicle. Officers should record (audio and video) suspects while transporting them in a DICVS equipped vehicle by revolving the camera around to record the rear seat area. Statements on Video Section 17.260 In-Car Video a. 8. Documenting Recordings a. 9. Officers are encouraged to obtain video recorded statements from suspects, victims and witnesses. The video statement, however, is a supplement to, and not a replacement for, a written statement. Each recorded contact will be noted in one of the following ways. When either a citation or a Traffic Contact Report (Warning Citation) is issued, the fact that the stop was recorded will be included in the comment section on the back of the citation/report. On log sheet and VMDT entries officers will include the violator's name or ticket number. When a custodial arrest is made, the General Offense Report will indicate the contact was recorded. Deactivations a. The DICVS will not be deactivated during citizen contacts. If there is an equipment failure resulting in a deactivation, the officer will immediately notify his/her supervisor and note on his/her log sheet or VMDT the reason for the deactivation. A notation indicating that a deactivation occurred will also be included on any citation or report associated with the event in progress at the time of the deactivation. b. The fact of the deactivation of the DICVS is not intended to prevent any officer from taking appropriate police action and is not intended in any way to protect any person from criminal apprehension or arrest and is not intended to provide the basis for the exclusion of evidence. 10. Officer Review a. During a shift officers may review portions of the video/audio recording, e.g., to verify an identification or a vehicle license number, to review an incident for statement accuracy. 11. Citizen Review a. Officers will not interrupt the recording of citizen contacts in order to allow the citizen to review the recording. Officers should inform inquiring citizens how they may view or obtain a copy of the subject recording. 12. Officer Copies a. Officers will not make copies of any recording for personal use. If an incident can be used as a training aid or has other value, the officer will advise a supervisor. 13. Wireless Procedures a. Each DICVS will be assigned a single hard drive, which should remain installed in the vehicle. Officers shall, prior to going out of service, park their vehicle in the precinct/facility parking lot in order to upload the data wirelessly. In those instances where a hard drive must be removed, so the data can be immediately uploaded and viewed inside the facility, the officer is responsible for reinstalling the hard drive in the vehicle prior to going off shift. IV. Supervisor Responsibilities A. Supervisors will have knowledge of and address the following issues: 1. Officers have completed the Department’s DICVS training program prior to using the equipment. 2. Officers follow established policies and procedures for the use and maintenance of the equipment, handling of recordings, and the completion of all necessary documentation. 3. Notification of required repairs or damaged or nonfunctional equipment is provided to the stationmaster in a timely manner. 4. Equipment is adequately safeguarded to prevent it from being misplaced or misappropriated. Page 3 of 4 Section 17.260 In-Car Video 5. Notification that particular recordings contain noteworthy training material is forwarded to the Video Unit. V. Video Unit A. System Administrator 1. B. The SPD Video Unit is the system administrator of the Digital In-Car Video program. This includes user rights, adding/deleting users, password control and reporting on system utilization. In order to assist with early detection of in-car unit issues, the Video Unit is also responsible for quality checks of the video including picture and sound quality. Video Unit Responsibilities 1. Maintaining a tracking record, by serial number, of the retractable hard drives. 2. Maintaining spare hard drives. 3. Responding to and documenting all requests for viewing or copying of recordings. a. 4. A predetermined time will be set-aside for individuals requesting viewing of a recording. Requests will be submitted and processed at the Records window, 610 5th Avenue. An established fee will be charged for providing copies of recordings. Disposing of recorded imagery at the end of its retention period. a. This includes recordings either containing no enforcement action or containing incidents that have been fully adjudicated. VI. Stationmasters Responsibilities A. Maintaining a supply of spare wireless microphones and removable hard drives. B. Arranging for repair/replacement of DICV equipment with the IT Section or Radio Shop. VII. Information Technology Section Responsibilities A. Installing and maintaining digital video viewing and workstations. B. Providing quality control check following installation of DICV systems. C. Maintaining active test accounts to provide trouble shooting for system issues. D. Being the first point of contact for trouble-shooting DICVS equipment including cameras and microphones. E. Maintaining funding for ongoing maintenance. F. Replacing malfunctioning DICV system components in patrol vehicles. G. Coordinating with Stationmasters for repair of DICVS equipment. H. Maintaining asset management and assignment of DICVS equipment to SPD vehicles. VIII. DoIT Communications Shop (Radio Shop) A. Department personnel should be aware of the support the City Radio Shop provides to the In-Car Video Camera Program: 1. Installing and removing the DICV systems from patrol vehicles. 2. Coordinating with Charles Street on new vehicle installations. 3. Repair vehicles that have been referred to them by ITS for Power, Wiring, and Camera issues/replacement. Page 4 of 4 Seattle Police Department Policies and Procedures Title: Section 17.270 Chapter: 17 - Patrol Operations 270 - Interpreters/Translators POLICY Our Department values exceptional responsiveness to special community needs, and equal protection in its service to all citizens. Whenever possible, sign language interpreters and translators shall be utilized when dealing with hearing impaired persons and persons who are non-English speaking. RCW 2.42.120 mandates when a law enforcement agency must provide sign language interpreters. I. Definitions A. II. Hearing impaired: A person who is deaf, deaf-blind (both hearing and visually impaired), or hard of hearing. Contact With Hearing Impaired Persons A. Interpreters will be used: 1. When interviewing a hearing impaired person as a witness, victim, or suspect concerning a criminal investigation, or 2. When conducting a criminal investigation involving a minor child as a witness, victim, or suspect and the parent(s), guardian, or custodian is hearing impaired. B. If a hearing impaired person is arrested, the arresting officer shall arrange at the earliest time for a qualified interpreter for notification of rights, warnings, interrogation, or the taking of a statement. C. No Department employee who has responsibilities other than interpreting may be appointed as a qualified interpreter. D. Use of an Intermediary Interpreter (RCW 2.42.120(4)) E. 1. An intermediary interpreter is a person who uses specific signs and gestures instead of actual sign language. 2. If the communications mode or language of the hearing impaired person is not readily interpretable, the interpreter or hearing impaired person shall notify the appointing authority who shall appoint and pay an intermediary interpreter to assist the qualified interpreter. Responsibility for Interpreter Costs 1. F. When conducting a criminal investigation, the law enforcement agency shall pay for a qualified interpreter throughout the investigation in the following circumstances: a. Interviewing a hearing impaired person, whether as a victim, witness, or suspect, or b. Interviewing a minor child whose parent, guardian, or custodian is hearing impaired, whether as a victim, witness, or suspect. Resources Effective Date: 11/19/07 Page 1 of 3 Section 17.270 Interpreters/Translators III. 1. All Field Units in need of sign language interpreter services should make their requests through the on-duty Chief Dispatcher. 2. Detective Units wishing to make appointments for interpreter services can contact the designated interpreter service during normal business hours. To locate interpreters, contact the Chief Dispatcher in the Communications Section. 3. When communications personnel receive a 911 call from a hearing impaired person and the call requires the dispatch of patrol units to conduct a criminal investigation, the Communications Section will automatically contact an interpreter to respond. The Officer responding to the investigation will be notified via voice transmission that an interpreter will be enroute. Field Units desiring to cancel the response of an interpreter through Radio will normally require a field supervisor’s approval. Interview and Interrogation of Non-English Speaking Persons A. Ask the person if they understand, read or write English.. Ask the person what their native language is and if they can speak, read or write in their native language. Document that these questions were asked, and the response the person gave, in the General Offense Report. B. Request an employee who speaks the person’s native language. Avoid casual use of persons at the scene to translate during interrogations. Current case law has disallowed admission of suspects’ statements into court if the translation was done by a person at the scene. 1. The Communications Section maintains a current list of employees who can speak foreign languages. C. Use the Communication and Language Line for interpreting if a Department employee is not available to translate. D. For Spanish speaking persons, advise them of their Miranda rights from the SPD Explanation of the Constitutional Rights (Spanish version) (form 9.28.4), available from the Quartermaster. Have the person read the form out loud and sign the form to ensure they fully understand the rights and warnings. Document this in the General Offense Report. 1. E. Communication and Language Line (CALL) Interpreter service is also available for officers when interviewing non-English speaking citizens. The Language Line is a 24-hour service and provides translation in 140+ languages. To use the Language Line: 1. Dial 625-5011 2. When the SPD 911 Center operator answers, state: 3. Page 2 of 3 For DUI incidents, use the Spanish version of the Implied Consent Warning (form 8.4). Have the subject read and sign the form to ensure they fully understand the warnings. Document this fact in the DUI paperwork or, if completed, the General Offense Report. a. Your name b. Serial number c. Unit number or call sign, d. Your request to be connected with the Language Line, and e. The specific language you need translated. (If the language is not known, then say “unknown”, and follow this with general information such as “Asian” or “East Indian”, etc). The SPD 911 Center operator will dial the Language Line. When the Language Line central operator answers, the SPD 911 operator will identify which agency is calling, what language is requested, and your serial number. The SPD 911 operator will then disconnect from the conference call. Section 17.270 Interpreters/Translators 4. 5. The Language Line central operator will connect you with the appropriate interpreter and will then withdraw from the connection. The interpreter will give you their identification number. a. Officers must inform all parties (through the interpreter) that the call is being recorded. Also state the current date and time, and the telephone number you are calling from. This is a matter of providing notice, not of requesting consent. If necessary, the tape recording can be subpoenaed. b. Tell the translator the exact information you need. c. When the translator has received your request (and if you are not using conference calling, on two phones, or a speaker phone) give the phone to the subject. d. When the translator has obtained the information, they will instruct the subject to return the phone to you. e. The translator will relay the information to you and await further requests. f. When you have concluded your use of the service, say “end of call.” Include the following details in the General Offense Report: a. The telephone number that you made the 625-5011 call from, b. The starting time of the call, c. The ending time of the call, and d. The language of the subject. Page 3 of 3 Seattle Police Department Policies and Procedures Title: Section 17.330 Chapter: 17 - Patrol Operations 330 – Patrol Operations Training and Publications I. Field Training Program A. Probationary/Student Officer 1. B. Police Academy (Phase I) 1. C. Officers are considered student probationary officers until the completion of the three-phase training program. The Police Academy is the initial basic training program for probationary officers. Field Training (Phase II) 1. Phase two of the three-phase training program is the F.T.O. program, which is approximately fourteen weeks long 2. The student officer is allowed to demonstrate the skills and knowledge learned at the Police Academy (or from previous police experience). 3. The Field Training Officer (FTO) is the trainer for the student officer during this phase. 4. The Field Training Program administration staff controls all student officers concerning: a. Assignments b. Record keeping D. Probation (Phase III) 1. The student officer is allowed to work independently under the supervision of a Patrol Sergeant. 2. The Sector Sergeant has primary control and responsibility over assigned probationary officers. a. These responsibilities include (1) Training (2) Evaluation E. Field Training Coordinator 1. The Field Training Coordinator (FTC) a. Recommends personnel for Field Training Officer assignment. b. Standardizes training given to phase II student officers II. In-Service Training A. Standard Training 1. The teaching of skills and knowledge to new and inexperienced officers is the responsibility of all officers. 2. Supervisors and Commanding Officers will train subordinates in the performance of assigned tasks. 3. Classes are provided to update and evaluate prior training. Effective Date: 8/4/03 Page 1 of 2 Patrol Operations Training and Publications B. Specialized Training 1. C. Section 17.330 The Operations Bureau will provide specialized training where a need has developed. Outside Training 1. All officers are encouraged to further their education. a. 2. Officers should be provided, each year, thirty hours of elective training, if possible. Supervisors will, whenever practical, arrange duty schedules and assignments to assist officers who wish to participate in continuing education programs. III. Training Publications A. Responsibilities 1. Everyone must collect and maintain all distributed department publications. 2. Supervisors will ensure their subordinates have access to all department publications. 3. All officers will be familiar with the SPD Manual, Directives, and Notices. Page 2 of 2 Seattle Police Department Policies and Procedures Title: SMC 12A.10.100 prohibits public urination and defecation. SMC 12.10.100 (C) provides that a violation of this ordinance is a civil violation or infraction. However, if a person is in violation and has previously violated this section or failed to appear as directed for the violation of this section, the person is guilty of a jailable misdemeanor. 1. Do not arrest adult suspects based solely on probable cause to believe they have violated 12A.10.100 in the past. Suspects who have a warrant for Urinating in Public may be arrested. Enforcement Procedures A. Identify the suspect and check for warrants. B. If the suspect is booked into jail, use the following procedures. C. III. 350 - Public Urination/Defecation Authority A. II. 17.350 Chapter: 17 - Patrol Operations I. Section 1. If you arrest for a “Urinating / Defecating in Public” warrant, do not complete a Notice of Infraction. Include “Urinating / Defecating in Public 12A.10.100 SMC” in the Offense Data section of the Superform. Include “Urinating / Defecating in Public” in the Offenses block of the General Offense Report and detail the elements of the offense in the narrative. State all charges for which the suspect was booked in the narrative. 2. If the suspect is booked for any other type of warrant or any other misdemeanor, complete a Notice of Infraction ticket. Do not include the charge “Urinating / Defecating in Public” on the Superform. Cross-reference the ticket with the General Offense Report. 3. If the suspect is booked for felony charges, officers may request additional charges for “Urinating / Defecating in Public” in the narrative. Include “Urinating / Defecating in Public” in the Offenses block of the General Offense Report, but do not list the charge “Urinating / Defecating in Public” on the Superform. Do not complete a Notice of Infraction. If you do not book the suspect for a “Urinating/Defecating in Public” warrant, use the following procedures. 1. Complete a Notice of Infraction. 2. Cite for SMC 12A.10.100, “Urinating (or Defecating) in Public”. Do not list a subsection. 3. Write “$25.00” in the block. Do not assign an appearance date or time. 4. If additional tickets are issued, cross-reference them in the "Related #" block. If a General Offense Number for a related incident is obtained, place that information at the top of each ticket issued, following “Incident #”. Distribution and Routing A. Officers 1. Route “Urinating/Defecating in Public” tickets to Data Center. Effective Date: 11/19/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.380 Chapter: 17 - Patrol Operations 380 – Response to King County Buildings I. Routine Police Services A. Request for routine patrol services to these buildings are the primary responsibility of West Precinct. B. The call type and precedence determines the level of police response. II. Emergency Situations A. SPD has primary responsibility for responding to all emergencies in the three King County Building. 1. King County Courthouse. 2. King County Administration building. 3. King County Garage. B. Respond in the same manner as any other emergency. C. Determine the needs of the event. 1. Type of action necessary 2. Number of units needed 3. Call out of specialty units III. Bomb Threats, Found Devices A. Respond to location B. If King County Police elect to neutralize or in any manner handle a suspected device, they will handle the primary and follow-up investigation. IV. Hostage Situation A. SPD will handle the incident in its entirety. B. King County Police will handle jail related hostage situations. 1. SPD may provide ERT and HNT support if requested. V Jail Break A. Respond to the jail facility and provide exterior containment. B. Screen all persons attempting to enter or leave the jail. C. West Precinct Watch Commander will 1. Assign a sergeant to coordinate the activities. 2. Take command of SPD operations. Effective Date: 8/4/03 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.400 Chapter: 17 - Preliminary Investigations 400 - Sick & Injured Persons REFERENCES CALEA standards, 42.1.5. I. Response A. Determine the nature and causes of the injuries and condition of the individual. B. If needed, request an aid unit (Seattle Fire Department). 1. II. Many infectious diseases are not identified until the subject is evaluated at hospital. Officers who provide care may not be alerted that they might be at risk of exposure to a disease and require treatment. a. Provide the medic crew with the names of all officers who had contact with the patient. b. Use the same procedure when a private ambulance is used. 2. The medics and EMTs will document officers’ names on the run report. 3. Infection control coordinators at area hospitals will use the run reports to determine which responders need to be notified. 4. Wellness and Accountability lieutenant shall be the contact point for any exposure notifications from area hospitals. C. Render first aid. D. If applicable, record the names, addresses, and telephone numbers of all witnesses. General Offense Reports A. A General Offense Report shall be submitted for the following incidents: 1. All cases which appear to be the result of a criminal act on the part of the victim or another person, 2. All cases in which, in the officer's opinion, there is a definite possibility that a claim for damages may be filed against the City, and a. 3. III. The presence or absence of any condition or fault in City property which could have been responsible for the injury should be included in the report. All complaints of mentally ill persons investigated. Transporting injured or ill persons by Department vehicle A. A seriously injured, seriously ill, or unconscious person shall not be transported in a Department vehicle. B. An exception may be made if it appears necessary to transport the person to a medical facility to save the person's life and such transportation may be accomplished faster than an emergency medical response (e.g., Seattle Fire Department). Effective Date: 11/21/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.405 Chapter: 17 - Patrol Operations 405 – Traffic Direction & Control REFERENCES CALEA standards, 61.3.2. I. Traffic Direction and Control A. Officers may take personal charge of traffic control and direct traffic depending on the needs of the incident. B. When directing traffic, the following rules will be observed: 1. Officers will ensure that they are visible by utilizing flashlights, reflective clothing and flares, especially during hours of darkness or adverse weather conditions. 2. Officers will utilize the police whistle or voice commands depending on the situation. 3. Officers will use uniform hand signals and gestures for manual traffic direction and control. It is important that officers position themselves so that their hand signals can be seen from a long distance. Two basic hand signals should be used. Officers should use an open hand, palm out sign to indicate “STOP”. To start traffic from a stopped position, officers should point towards the first stopped vehicle. Once the driver’s attention is gained, use the other hand to motion the driver to proceed. 4. When utilizing flares and cones, set them far enough from the collision scene to give sufficient warning to approaching traffic. 5. Traffic officers will have the responsibility of manually overriding traffic control devices when there is an excessive amount of traffic congestion (for example, special events or sporting events). 6. Officers should be prepared to stop traffic and give priority to other vehicles that may also be responding to the scene (for example, the Fire Department, tow companies or City Engineering). 7. Officers assisting at a fire or rescue scene shall ensure that civilian traffic does not interfere with the respective operation. In no case should vehicles be allowed to drive over a fire hose, unless specifically directed by Fire Department personnel on the scene. Effective Date: 6/30/03 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.430 Chapter: 17 - Patrol Operations 430 – Snow & Ice Plan I. Patrol Officer A. Responsibilities 1. Respond to chain-up station or alternative stations after notification by Radio of snow/ice emergency. a. Utilize Charles Street or Haller Lake shops. (1) Hours 0630 - 0130 b. List of other locations are provided on a yearly directive. (1) Service stations do not supply the chains for emergency chain-up (2) Obtain extra chains through the Charles Street and Haller Lake facilities. 2. If an alternative station is used a. Inform the station providing the service that they will be reimbursed b. Forward the bill for service to the Sector Sergeant. 3. In the event that a snow/ice emergency onset prevents officers from arriving at a pre-designated service station, a local tow or chain service will respond to the precinct. 4. Monitor vehicle closely while using chains to minimize chain damage caused by broken links. 5. a. A vehicle with chains requires more distance to stop. b. Slower speeds are required to maintain the directional stability of the vehicle. c. Do not continue to drive the vehicle with a chain malfunction. d. Vehicles with chains should not be driven into precinct sally ports or in-door garages. Remove the chains at the conclusion of the snow/ice emergency and return to storage. a. Equipment and Facilities Coordinator will take inventory and repair any damaged chains for future use. II. Patrol Sergeant A. Responsibilities 1. Monitor the assignment of vehicles to either the City facilities or the pre-arranged service stations to minimize any long line-ups. 2. Forward these items to the Watch Commander a. Purchase and Supply form b. Original charge slips. Effective Date: 8/4/03 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.440 Chapter: 17 - Preliminary Investigations 440 - Stay Out of Areas of Prostitution (SOAP) POLICY When an individual is convicted of a prostitution related offense, they may be placed on SOAP probation. The probationer is restricted from entering certain geographic areas that have been identified as areas of high prostitution activity. These restrictions are generally in effect between the hours of 1100 and 0600. At the discretion of the courts, certain areas may be added or deleted, and individual orders may contain modifications. I. II. SOAP Violations - General A. The violation of a SOAP order is not a new criminal offense. It is a violation of the terms of an offender’s probation. B. The issuing court will only enforce the order upon the appearance in court of the offender. C. Citations will not be issued for SOAP violations. D. General Offense Reports or Supplemental Reports should not be prepared unless the offender has been arrested for the SOAP violation. Verifying SOAP Orders A. III. IV. Officers can verify the existence of a specific SOAP order and its terms by requesting that information from the Database radio operator or by telephoning either the Records Files Unit or the Vice Section. General Offense Numbers for SOAP Arrests A. If a SOAP order exists and an arrest is made, write a Supplemental Report to the General Offense Number (GON) referenced in the SOAP order. Officers should obtain the GON from the verifying source (Records Files Unit, Vice Section, etc.). B. If there are new criminal charges, obtain a new GON. Write a new General Offense Report and link it to the existing SOAP order GON. List the existing SOAP order GON in the narrative. Reporting a SOAP Arrest A. B. Superform 1. Complete the Superform using the existing SOAP order GON. List “Probation Violation (SOAP) 12A.56.020” in the offense data section of the Superform. 2. If the original SOAP order GON is listed on the Superform, it is not necessary to provide a copy of the SOAP order. Supplemental Report 1. V. Complete the Supplemental Report using the SOAP order GON. Reporting a SOAP Violation When There is a “New” Charge A. Superform 1. If you arrest an individual for a crime other than SOAP and then determine that this individual is also in violation of an existing SOAP order, refer to the SOAP violation and include the SOAP order GON in the offense data section of the Superform. Effective Date: 11/21/07 Page 1 of 2 Stay Out of Areas of Prostitution (SOAP) B. Page 2 of 2 Section 17.440 General Offense Report 1. Include “SOAP – Viol” in the Offenses block of the General Offense Report bearing the GON for the offense which caused the arrest. 2. Link the new General Offense Report to the SOAP order GON. List the SOAP order GON in the report narrative for the benefit of the Court Unit. Seattle Police Department Policies and Procedures Title: 17.450 Chapter: 17 - Patrol Operations I. Section 450 - Stay out of Drug Areas (SODA)-Defined Boundaries General A. II. Procedure A. III. The following areas in the precincts are drug trafficking areas. At the beginning of the precinct’s SODA zone listing, there is a definition of what areas are included in that particular precinct’s SODA zones. When contacting an offender, determine if their SODA Order is current. The Communications Section has a record of current SODA Orders. (See DP&P - Narcotics for additional procedures.) West Precinct SODA A. The areas include the full width of the streets, alleys, parks, and parking areas within the area described, using the streets as boundaries. 1. Zone 1 North: South: East: West: 2. Wall Street University Street 5 Avenue Elliott Avenue to Alaskan Way; to include both sides of the street and all adjacent public areas and parks. Zone 2 North: Columbia Street from Alaskan Way to 2 Avenue, south on 2 Avenue to James Street, east on James Street to 3 Avenue, south on 3 Avenue to Jefferson Street, east on Jefferson Street to 4 Avenue, south on 4 Avenue to Yesler Way, east on Yesler Way to Interstate 5. South: S. Dearborn Street from Interstate 5 to 5 Avenue, Airport Way from 5 Avenue to 4 Avenue, north on 4 Avenue from Airport Way S. to S. King Street, west on S. King Street from 4 Avenue S., to Alaskan Way S. East: Interstate 5 from Yesler Way to S. Dearborn Street. West: Alaskan Way to include both sides of the street and all adjacent public areas and parks, from S. King Street to Columbia Street. 3. Zone 3 North: South: East: West: IV. Highland Drive Denny Way Westlake Avenue N. 5 Avenue N. North Precinct SODA A. The areas include the listed streets, the immediately adjoining sidewalks and alleys, and properties which lie next to the above listed streets. 1. Effective Date: 7/1/96 Zone 1 Page 1 of 5 Stay out of Drug Areas (SODA)-Defined Boundaries Section 17.450 8000-14500 block Aurora Avenue N. and 13000-14500 block Linden Avenue N. 2. Zone 2 8500-9000 block of Nesbit Avenue N. 3. Zone 3 3600-4600 block Aurora Avenue N. and 3600-4600 block Linden Avenue N. 4. Zone 4 University District bounded on the: North: NE. 55 Street South: NE. Pacific Street East: 15 Avenue NE. West: Brooklyn Avenue NE. 5. Zone 5 North: South: East: West: 6. NE. 47 Street NE. 45 Street 8 Avenue NE. 7 Avenue NE. Zone 6 Lake City area bounded on the: North: NE. 145 Street South: NE. 140 Street East: Lake City Way NE. West: 30 Avenue NE. V. South Precinct SODA A. The areas include the full width of the streets, alleys, parks, and parking areas within the area described, using the streets as boundaries. 1. Zone 1 - Franklin High School a. 2. Zone 2 - Rainier Vista and Columbia City a. 3. Page 2 of 5 The area bounded by S. Dakota Street on the North, Cheasty Blvd. S. to Beacon Avenue S., south on Beacon Avenue S., east on S. Brandon Street to Martin Luther King Jr. Way S., south on Martin Luther King Jr. Way S. to S. Graham Street, east on S. Graham Street to 47 Avenue S., north on 47 Avenue S. to S. Dakota Street. Zone 3 - Holly Park and Othello Playground - Including Adjoining Areas a. 4. The area bounded on the north by S. Mt. Baker Blvd., Hunter Blvd. S. on the east, S. Charleston Street on the south, west on S. Charleston Street to Rainier Avenue S., north on Rainier Avenue S. to S. Walden Street, west on S. Walden Street to Martin Luther King Jr. Way S., north on Martin Luther King Jr. Way S. to the intersection of Rainier Avenue S. and S. Mt. Baker Blvd. The area bounded on the north by S. Graham Street, Beacon Avenue S. on the west, Rainier Avenue S. on the east, to S. Kenyon Street, west on S. Kenyon Street to Martin Luther King Jr. Way S. to S. Thistle Street, west on S. Thistle Street to Beacon Avenue S. The areas surrounding Peter's Market and the area surrounding the Othello Mini Mart are included in the above listed boundaries. Zone 4 Rainier Beach High School And Recreation Center Stay out of Drug Areas (SODA)-Defined Boundaries a. 5. Section 17.450 The entire area bounded by S. Cloverdale Street on the north, S. Roxbury Street on the south, Renton Avenue S. to the west, and Seward Park Avenue S. and Waters Avenue S. to the east. This section includes Rainier Beach High School and Recreation Center, South Shore Middle School, areas surrounding Lake Shore Villas, the 7-11 store at the corner of Rainier Avenue S. and Seward Park Avenue S., the adjoining bus stop, and the Speedy Mart at the corner of S. Roxbury Street and 51 Avenue S. Zone 5 5700-6000 block Airport Way S. and adjacent areas. 6. Zone 6 7000-7200 block E.. Marginal Way S. 7. Zone 7 14th Avenue S., S. Sullivan Street to S. Concord Street, 8 Avenue S. to 14 Avenue S. on S. Cloverdale Street. 8. Zone 8 North: South: East: West: 9. Zone 9 North: South: East: West: Note: 10. SW. Trenton Street SW. Roxbury Street 31 Avenue SW. Delridge Way SW. Zone 12 North: South: East: West: 13. SW. Webster Street SW. Thistle Street 26 Avenue SW. Delridge Way SW. Zone 11 North: South: East: West: 12. SW. Juneau Street SW. Myrtle Street 28 Avenue SW. 35 Avenue SW. This area includes the Circle K Store at 35 Avenue SW. / SW. Morgan Street. Zone 10 North: South: East: West: 11. S. Hill Street S. McClellan Street 17 Avenue S. 13 Avenue S. S. Massachusetts Street S. College Street 31 Avenue S. ML King Way S. Zone 13 North: South: East: West: SW. Genessee Street SW. Brandon Street Delridge Way SW. 27 Avenue SW. Page 3 of 5 Stay out of Drug Areas (SODA)-Defined Boundaries VI. Section 17.450 East Precinct SODA A. The areas include the full width of the streets, alleys, parks, and parking areas within the area described, using the streets as boundaries. 1. Zone 1 North: South: East: West: 2. Zone 2 North: South: East: West: 3. E. Yesler Way S. King Street 18 Avenue S. Interstate 5 Zone 8 North: South: East: West: 9. E. Yesler Way S. Norman Street 30 Avenue S. Martin Luther King Jr. Way S. Zone 7 North: South: East: West: 8. E. Columbia Street S. Lane Street Martin Luther King Jr. Way/Martin Luther King Jr. Way S. 23 Avenue /23 Avenue S. Zone 6 North: South: East: West: 7. E. Columbia Street S. Lane Street 23 Avenue / 23 Avenue S. 18 Avenue / 18 Avenue S. Zone 5 North: South: East: West: 6. E. Madison Street E. Columbia Street 32 Avenue Martin Luther King Jr. Way S. Zone 4 North: South: East: West: 5. E. Mercer Street E. Columbia Street Martin Luther King Jr. Way 23 Avenue Zone 3 North: South: East: West: 4. E. Mercer Street E. Columbia Street 32 Avenue 18 Avenue E. Alder Street E. Yesler Way 18 Avenue Interstate 5 Zone 9 North: Denny Way Page 4 of 5 Stay out of Drug Areas (SODA)-Defined Boundaries Section 17.450 South: Union Street East: Boylston Avenue West: Interstate 5 Page 5 of 5 Seattle Police Department Section Policies and Procedures Title: Chapter: 17 - Patrol Operations I. 17.460 460 - Street Vendors General A. Vendors are required to have a City of Seattle business license and must provide it upon request. Exception: A business permit is not necessary if the person is donating merchandise or services. For example, street musicians usually fall into this category. B. Vendors located on public property are required to have an annual Street Use Permit. Vendors on private property, such as grocery store parking lots, do not need the permit. Exception: A Street Use Permit is not necessary for: C. 1. Newspaper sales, or 2. Vendors who are part of a parade, along parade route during parade, and one hour prior to its start. Vendors located in a park are required to have a park permit. Exception: A Parks Department permit is not necessary if the person is selling political bumper stickers, buttons, etc. for inconsequential amounts (.50 cents). D. Street vendors may only sell food, nonalcoholic beverages, or fresh flowers. Mobile vending is not allowed within the City of Seattle. Exception: The vending of items that contain free speech material is permissible. For example, someone selling T-shirts with an anti- or pro-gun slogan on them may sell on the sidewalk. The vendors are required to have a business license and a Street Use Permit. In addition, the logo, slogan, or other message must be clearly visible on the item when it is used in its intended manner (socks with slogans on the bottom would not qualify). E. Street vendors may only vend from the location which is noted on their annual Street Use Permit. F. There are restrictions on vending too close to a park, school, historic landmark, etc. If a vendor is in the location noted on their Street Use Permit, officers can assume an exception has been granted. Vendors must satisfy all City requirements before a permit will be issued. Issuance of a permit means the vendor has proof of insurance, Health Department approval, Fire Department approval, adjacent business approval, etc. G. A street vendor who is selling an unapproved product (for example, sunglasses), does not have a proper cart, or is not in an approved location will most likely not possess a valid Street Use Permit. Any permit the vendor does possess will not authorize the activity in which they are engaged. H. Use the following codes and victim when citing: 1. Effective Date: 7/1/96 Seattle Municipal Code a. 5.44.130, Business License Required. b. 15.04.010, Street Use Permit Required. c. 15.17.010, Mobile Vending - Identifies restricted areas throughout the city. d. 15.50, Authorizes enforcement of the Street Use Ordinance. Page 1 of 2 Section 17.460 Street Vendors e. 2. Board of Public Works Rules a. 3. 18.12.275, Parks Use Permit Required. 4.10, Street Vending - Identifies specifics concerning carts, permit applications, locations, etc. List the following as victims when citing for: a. Business License Required - 5.44.130 Mandatory Court (criminal - non-traffic). (1) b. Street Use Permit Required - 15.04.010 Mandatory Court (criminal - nontraffic). (1) Page 2 of 2 Victim: City of Seattle Dept. of Finance Revenue & Consumer Affairs Division Attention: Enforcement Supervisor 102 Municipal Building 600 Fourth Avenue 98104 (684-8410) Victim: City of Seattle Seattle Engineering Dept. 501 Municipal Building 600 Fourth Avenue 98104 (684-5280) Seattle Police Department Policies and Procedures Title: SMC 12A.24.025 prohibits opening a receptacle of liquor in public, possessing an open receptacle of liquor in public or consuming liquor in public [including public parks] (also see RCW 66.44.100). SMC 12A.24.150(A) provides that violation of this ordinance is a civil infraction. 1. Do not arrest adult suspects based solely on probable cause to believe they have violated SMC 12A.24.025. However, if a suspect has a warrant for Unlawful Possession of Liquor, you may arrest them. 2. If a suspect is consuming or possessing an open container of alcohol in a public park, cite for Drinking in Public (SMC 12A.24.025). Enforcement Procedures A. Identify the suspect and check for warrants B. If the suspect is booked into jail: C. 1. If you arrest for a warrant or any other misdemeanor crime, do not complete a Notice of Infraction. Include “Liquor Law Violation” in the Offenses block of the General Offense Report and detail the elements of the offense in the narrative. 2. If the suspect is booked for felony charges, officers may request additional charges for “Liquor Law Violation” in the narrative. Include “Liquor Law Violation” in the Offenses block. If you do not book the suspect into jail, use the following procedure: 1. Complete a Notice of Infraction. Do not obtain a General Offense Number (GON). 2. Cite for SMC 12A.24.025, Drinking in Public. Do not list a subsection. 3. If additional tickets are issued, place that information in the “Related #” box. a. 4. III. 470 - Unlawful Possession of Liquor Authority A. II. 17.470 Chapter: 17 - Patrol Operations I. Section If a GON is obtained for a related incident, indicate the GON following “Incident #” at the top of the Notice of Infraction. Have the suspect sign the infraction and give them the defendant’s copy. Distribution and Routing A. Officers 1. Route the infraction to Data Center. 2. Maintain the LEA copy of the Notice of Infraction for audit purposes. Effective Date: 11/19/07 Page 1 of 1 Seattle Police Department Policies and Procedures Title: Section 17.480 Chapter: 17 - Patrol Operations 480 - Unlawful Signs POLICY Seattle Municipal Code 15.48.100 prohibits the “Unlawful Posting of Signs”. I. Enforcement Procedures A. B. For on-view incidents: 1. Violators may be cited for “Unlawful Posting of Signs” on a Notice of Infraction. 2. Check the “infraction” and “non-traffic” boxes on the ticket. 3. Have the defendant sign the ticket. 4. Give the defendant their copy. For reports of previously posted signs: 1. Effective Date: 7/1/96 Complainants may be referred to the City of Seattle Engineering Department. The Director of the Engineering Department is authorized to remove signs, and to recover the removal costs from the violators. Page 1 of 1