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HomeMy WebLinkAbout03-11-1998 ICPD Reports/Memos MEMORANDUM TO: Members of the Police Citizen Review Board FROM: R.J. Winkelhake, Chief of Police RE: POLICY REVIEW DATE: March 11, 1998 The Police Department has undertaken a complete review of all Policies and Procedures based upon the Standards for Accreditation of Law Enforcement Agencies. The process is ongoing and will continue for the next 18 to 24 months. The first two orders are completed and are attached for your review. The first two orders set the format for the remaining project. The Department's review will review all aspects of the department operations. The first policies, procedures, and general orders to be reviewed are: 1. Pursuit Driving and Emergency Vehicle Operations 2. Use of Force 3. Arrest 4. Search and Seizure 5. Domestic Abuse 6. Sexual Harassment 7. Communicable Diseases 8. Restraint, Transport and Care of Prisoners 9. Citizen Complaints / Internal Affairs 10. Extra Duty Employment Also the orders for unusual occurrences, barricaded subjects and riot control are considered as very important policies and procedures to have in place by our insurance carrier. The review will include orders from other departments which are accredited, model policies from the International Association of Chief's of Police and the standards necessary for the accreditation process. The review includes input from the City Attorney's Office as well as other agencies which are impacted by the order. An example is the order for Evidence Control. The County Attorney's Office will be involved in the drafting of the section dealing with the disposal of evidence after the case has been resolved. The thrust of this project is to complete the policies which are the most essential, such as the policies listed above, and then methodically complete the required standards in its entirety from beginning to end. ADM-01.1 WRITTEN DIRECTIVE Date of Issue General Order Number March 17, 1998 98-01 IEffective Date Section Code March 20, 1998 ADM-01 Reevaluation Date Amends / Cancels March 2001 97-01 ADM-01 IC.A.L.E.A. Reterence 12.1.1 - 12.2.2 61.2.3, 33.4.4, 33.5.1, 33.7.1 INDEX AS: Department Publications Directives, Written General Orders Official Department Publications Orders, Written Policy and Operating Procedures Manual Publications, Department Written Directives PURPOSE The purpose of this order is to explain the written directive system, establish definitions, formats, and authority for preparation and issuance of written Departmental publications for distribution and updating of General Orders and other written directives, and give reasonable guidelines to Police personnel to follow in the discharge of their duties. The Policy and Operating Procedures Manual will be arranged into numbered sections containing related subject matter. This order also establishes responsibility for maintaining, reprinting and inspection of the manual. ADM-01.2 POLICY A. The efficient and effective performance of a municipal law enforcement agency is directly related to the extent to which information given its officers is accurate and up-to-date. This order is intended to serve as a catalyst as to how Department policies should be put to practical use, and as a guide for police personnel in the performance of their major Department functions. B. The written directives system must encompass a range of publications from permanent to temporary, and from mandatory instructions to informational memoranda. The Department will strive to minimize the number and complexity of publications, while providing essential information and direction toward common organizational objectives. C. The following general guidelines will be followed in the development of written Depa~'rnent publications: 1. Publications shall not conflict with established rules, regulations, or policies of the Department; or, with local, state, or federal law. 2. All publications will be stated in precise and positive terms with grammatical accuracy and simplified language. 3. When applicable, cross-reference will be made to other related and published documents. Publications that cancel or supersede other 3ublications will reference the affected document. D. It shall be Department policy that proposed general orders or revisions to rules and regulations be reviewed by staff members pdor to issuance. The review process will vary with the content of the order but will generally involve supervisors and personnel affected by the order. E. In the absence of the Chief of Police, the Commander of the Field Operations Division assumes command of the department and operates with the authority of the office of the Chief of Police. If the Commander of Field Operations is not available during the absence of the Chief of Police, the Commander of the Administrative Services Division assumes command. After the Division Commander, the Commander of the Criminal Investigations Unit assumes department command, TYPES OF DEPARTMENT PUBLICATIONS A. Department publications will be restricted to the following: 1. General Orders 2. Special Orders 3. Department Memoranda 4. Bulletins ADM-01.3 B. Division commanders are authorized to issue divisional memoranda only. Divisional memoranda are restricted to information or direction which affects only assigned personnel and internal operations of the division. Memoranda must conform to policies and procedures established in Department directives. C. Section commanders and supervisors may issue memoranda pertaining to operating procedures, practices, work assignments, and the intemal direction and functioning of the section. Memoranda must conform to policies and procedures established in Department or division directives. D. No official publications, other than provided for in this order, are authorized in the Iowa City Police Department. DEFINITIONS A. General Orders. (See Appendix A) Issued to establish or revise policies, or to direct the use of specific procedures for the indefinite future. General Orders will be issued for: 1. Institution of permanent procedures, and policies and manuals related thereto; 2. Permanent changes in organization; 3. Installation of permanent programs affecting more than one section; 4. Permanent personnel policies and procedures, not including changes in personnel status; 5. Use of police facilities and equipment; and expenditure of funds; and 6. Relationships with citizens and other agencies. B. Special Orders. (See Appendix B) Issued to announce policies or specific procedures conceming a cimumstance or event of a one-time or temporary nature. Examples: 1. Assignment to specific parade duty; 2. Selective patrol assignments; 3. Temporary parking restrictions; 4. Annual budget preparation instructions and deadlines. ABM-01.4 C. Personnel Orders. Issued to direct a personnel status change, including: 1. Appointment and assignment of new personnel; 2. Promotion or demotion; 3. Transfer between Department units; 4. Suspension, dismissal or restoration to duty; 5. Termination of personnel; 6. Training assignments; 7. Appointment to specialized Department duty assignment; 8. Temporary duty assignment with another agency; and 9. Extended leave of absence. D. Memoranda. (See Appendix B) Issued to disseminate information, instructional material or data of general interest to Department personnel. Memoranda may include: 1. Announcement of Department, city or community civic or social events; 2. Information on actions, policies and events in other agencies; 3. Instructions and information conceming academic or instructional programs of general interest; and 4. Explanation or clarifications of previously issued orders. Section Supervisors may issue memoranda to establish unit procedures and instructions for accomplishing assigned tasks. E. Bulletins. Issued to convey information of specific interest pertinent to performance of law enforcement tasks, Bulletins may include: 1. Daily information; 2. Crime analysis data on specific crime patterns and possible suspect and M,O, descriptions; 3, Description of identifiable property items reported stolen; 4. Information and description on wanted criminals; and 5. Training. ADM-01.5 ISSUING AUTHORITY A. Department publications, including bulletins, are always issued under authority of the Chief of Police. Only the Chief of Police may issue General Orders, Special Orders, and Personnel Orders. B. Division memoranda may be issued by authority of the respective Division Commander. C. Section memoranda may be issued by supervisors, including civilian supervisors. FORMAT AND INDEXING A. General Orders 1. General Orders shall follow the format and structure as shown in Appendix A. The first page will utilize the standard pre-printed general order format. 2. The General Orders will be indexed by major topic headings to facilitate an alphabetic seamh for order information. General Orders will also be indexed by number. The number assigned to each order will be the last two digits of the calendar year followed by a sequential number. A section code will also be given to each order which designates the major policy and procedure manual subsection under which the Order is assigned, followed by a sequential number for all orders within the section. 3. Order numbers and Section codes will be assigned by administration during order preparation. B. Special Orders 1. Special Orders shall follow the format shown in Appendix B. 2. Special Orders will be by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number for each order issued during the year. 3. Special Orders wilt include a date of termination or a specific period for which the order is valid. Upon the termination date or completion of the effective pedod the order is canceled. The following are examples of Special Orders: a. Special Order for police assignment to a July 4th parade which indicates a termination date of July 5. ADM-01.6 b. Special Order requiring change in traffic regulation because of road construction which will terminate "upon completion of construction". c. Special Order covering assignments and duties involved with special police operations, such as selective enfomement or raids, which terminate "upon completion or cancellation of mission". C. Personnel Orders 1. Personnel Orders shall be prepared by the office of the Chief of Police in the format shown in Appendix B. 2. ~'- Personnel Orders will be indexed by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number. Numbers will be issued by administration. D. Memoranda 1. Memoranda will follow the format shown in Appendix B. Memoranda are not formally numbered and are indexed by subject and date. 2.Affected personnel will be listed in the heading of the memorandum. Examples are: a. A division memorandum issued 'q'O: Uniformed Patrol Officers". b. A'communication section memorandum 'q'O: All Communication Dispatchers". NOTE: Memoranda which affect personnel beyond the section or division level, must be issued at the division or Department level. 3. The issuing authority will also be clearly indicated in the heading of the memorandum. Only the unit or section supervisor, division commander, or the Chief of Police may issue memoranda. E. Bulletins 1. Bulletins will be issued as Department publications. Because bulletins are issued under authority of the Chief of Police, no specific authority entry is required. 2. Bulletin headings will indicate the major subject (cdme analysis, training, traffic analysis, etc.); the issue date; and the Department contact for clarification or additional data. ADM-01.7 3. The body of bulletins may be configured as required to best explain the information presented. This may vary from narrative for training information, to tabular crime analysis data, to illustrations for suspect descriptions, or combinations of the above. Because the objective is to impart information, the only rule for content is that it be of maximum clarity and simplicity. DISTRIBUTION A. Policy 1. The Department policy on distribution of policy and procedure manuals is to place 14 manuals in the following locations: ---' Report Writing Rooms (2) Watch Commander's Office Investigations Commander's Office Emergency Communications Center Records Section Animal Shelter Division Commander's Office (2) City Attorney's Office City Manager's Office Chief's Office Police Citizen Review Board Police Labor Relations Organization Individual employees will not be issued manuals. However, individuals may request a copy if they desire. 2. Employee will be required to sign a dissemination form to acknowledge the receipt and review of the materials contained in the manuals. Appendix C. 3. A computerized copy of all General Orders, Special Orders, Departmental Memoranda, Personal Orders, and Bulletins will be maintained in the office of the Chief of Police. MAINTENANCE AND INSPECTION ^. Maintenance 1. It is required that each assigned policy and procedures manual be maintained in usable condition and be continually updated by insertion of new orders and removal of rescinded or updated directives. This includes annotation of the index by insertion of reference to new orders or the cancellation of those rescinded, ADM-01.8 2. The Captain in charge of Administrative Services will be responsible for the condition and currency of manuals issued. 3. The Department will maintain a master file of all Department publications. 4. New or revised General Orders will be accompanied by a roster upon which employees will verify receipt and their understanding of the Order by their signature. Completed rosters will be retumed to the office of the Chief of Police for filing. B. Inspections 1. Policy and procedures manuals will be inspected periodically, at a frequency determined by the Chief of Police. Inspections will be accomplished by designated personnel appointed by the Chief of ~-- Police. 2. Inspection will normally involve the physical examination of policy and procedures manuals to determine that: a. All current orders are properly filed in the appropriate manual section. b. Canceled or rescinded orders have been removed. c. Each current order has a certification of understanding which is signed and dated. d. The index has been updated with entdes of new orders and deletion of those rescinded. AMENDMENT AND CANCELLATION A. Amendment 1. The content of General Orders occasionally requires amendments to comply with legal changes; to update operational procedures; or to conform to revised policies. Amendments should be expedited to assure maximum currency of reference material. 2. When an amendment is relatively minor and involves a restatement or replacement of existing information, without change to paging or length, a revision page or pages may be issued. The revised page(s) will be inserted into the order in place of the former - page(s). Amended pages will contain "Rev-Date" on the outside lower comer. ADMo01.9 3. Where the amendment or revision is of sufficient size and length to require major restructuring of the order, a complete new order will be issued. The new order will replace the entire former order. R. ,~-'-1~/~nkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any cdminal or civil proceeding. The department policy should not be construed as a creation of higher legal stan~'ard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ADM-01.10 APPENDIX A NAME OF ORDER I Date of Issue I General Order Number Effective Date I Section Code Reevaluation Date Amends / Cancels C.A.L.E.A. INDEX AS: I. PURPOSE (Topical headings in capitals) II. A. (Subheadings underlined) B. 1. 2. a. b. (1) (2) (a) (b) Signature of Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. legal-standard :of :~afe~y -or:~care Tin;an evidenti~!Y claims. Violations of this directive will only form the basis for departmental administrative sanctions ADM-01.11 APPENDIX B Sample Format for Special Orders, Personnel Orders, Department, Division, Section Memorandums, and Bulletins TYPE OF ORDER OR MEMO YEAR-NUMERICAL SEQUENCE TO: Affected Personnel FROM: Issuing Command RE: Subject of Order or Memorandum DATE: Date Issued ADM-01.12 APPENDIX C ACKNOWLEDGEMENT OF RECEIPT OR REVIEW OF GENERAL ORDER General Order: Directive Title: I have had the opportunity to review the above General Order and understand the purpose and content of the Order. Pin # ~mp~yee's Signature Date $upe~ffsor~s Signature Date ADM..~. POLICY AND OPERATING PROCEDURES MANUAL Date of Issue General Order Number/Section Code March 17, 1998 98-02 Effective Date I Section Code March 20;--1998 I ADM-02 Reevaluation Date I Amends / Cancels March 2001 I 89-03 ADM-02 C.A.L.E.A. Reference 12.1.1 - 12.2.2 61.2.3, 33.4.4, 33.5.1, 33.7.1 INDEX AS: Index, General Orders Manual, Policy & Procedures Policy & Procedures Manual PURPOSE The purpose of this order is to implement the policy and procedures manual and to explain its features, organization, and use. This manual contains all General Orders in a codified form. All sworn members are responsible for knowing and carrying out the provisions of all General Orders. This order consists of the following numbered sections: I. Composition of Manual II. Format of General Orders III. Effective Date ADM-02.2 ' I. COMPOSITION OF MANUAL A. Alphabetical Index - An extensive alphabetical cross-index system has been included to facilitate locating any order or subject in the manual. B. Numerical index - The numerical index lists each order in the manual consecutively according to its number of publication. (Example: 98-1,98- 2, etc.) This will usually be a chronological listing by date of publication. C. Lettered Section Code 1. General Orders will be placed in the manual by the lettered section code in order to maintain related orders in close proximity to each other under major functional topics. =~ 2. A lettered section code abbreviation will appear near the upper right-hand comer of each General order, indicating the following manual sections: CODE LETTER ADM - Administration OPS - Operations SER - Support Services INV- Investigations LEG - Legal PER - Personnel TRN - Training 3. Lettered section code letters will be followed by consecutive numbers to denote the proper location of the orders within each section. (Example: ADM-01, ADM-02, ADM-03, etc.) II. FORMAT OF GENERAL ORDERS A. General Order Heading Sheet 1. Page One of the General Order heading sheet will identify the orders as an Iowa City Police Department General Order and will contain the following information: a) Subject b) General Order Number c) Date of Issue d) Effective Date e) Section Code f) Reevaluation Date g) Amends / Cancels h) C,A.L.E,A. i) Distribution ADM-O2. B. Indexing Information 1. A list of indexing information will appear beneath the General Order heading under the words, "Index As". This list will indicate the varied means by which the order will be listed in the General Order alphabetical index. C. Purpose 1.The purpose and provisions of the order will appear below the indexing information on each General Order. 2. This will give the reader a composite view of the contents of the order and will aid in quickly locating desired information. D. Paragraphing 1. Sample format and paragraph numbering information for General Orders contained on Table A of General Order 83-2: Subject:: Written Directives. III. EFFECTIVE DATE The effective date of this order is Mamh 20, 1998. R. ~1. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for depafl, mental administrative sanctions,