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HomeMy WebLinkAbout10-14-2003 ICPD General Orders OPS-12.1 IN CAR RECORDING DEVICES I Date of Issue I General Order Number July 30, 1999 99-08 I Effective Date I Section Code Aut~ust 4,, 1999 ePS-12 Reevaluation Date Amends / Cancels August 2005 8/03 NEW C.A,L.E.A, Reference 41.3.8 99-06 Traffic INDEX AS: -- Use of Force Traffic Stops Internal Investigations Evidence Evaluations I. PURPOSE The purpose of this policy is to identify when in car recording devices should be used and procedures to be followed when using the recording equipment. II. POLICY It is the policy of the Iowa City Police Department to use in-car recording devices to cellect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturers instructions. Only those members trained in the use of the recording devices are authorized to use the equipment. All tapes are the property of the Iowa City Police Department. Any distribution of a tape or portion of a tape shall be with the authorization of the Chief of Police or his/her~ designee. The playing or copying of any unauthorized tape is prohibited. I OPS-12.2 III. DEFINITIONS In-Car audio/video recording equipment consists of; a camera, control unit, videotape and monitor. The VCR unit is mounted in the vehicle, a remote control is on the officer's belt and the microphone is worn on the officer's uniform. IV. PROCEDURES The use of in-car video and audio equipment will allow officers to collect evidence for use in the prosecution of those charged with a violation. Other appropriate uses of the recorded information include but are not limited to: A. review of an incident prior to a court appearance; B. recorded information may be used or subpoenaed into COL~ for C~r~ and/or criminal cases; C. provide documentation of incidents which do not result ~n cha -~ '-T'i D. assist in the report writing process; E. recorded material may be used in or provide the basis for traira~fl~ ..~ The Commander of Field Operations or his/her designee will sup~ tll~' use, storage, duplication and erasing of the material recorded by ~Fi'embe~ of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Field Operations or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from the vehicle until repaired. Only those officers who have been trained in the use of audio/visual recording equipment may operate the equipment. If an officer who is not trained in the use of the equipment if assigned to a vehicle containing the equipment, a tape will not be inserted into the unit. Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its use upon inquiry. USE OF EQUIPMENT In-car audio/visual recording units will be installed such that they are automatically turned on when the emergency lights of the police vehicle are activated. All traffic stops should be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. When the use of the recording unit is initiated, officers may have occasion to turn the recording device off. In these OPS-12.3 instances the officer shall articulate the purpose for turning the unit off prior to turning the unit off. (I.e. taking of an accident report at the scene after establishing identity of those involved, motorist assist, parking calls) This does not preclude the use of the equipment in these type situations if the officer elects to do so. Officers should also insure that the audio function of the recording is activated unless there are reasons for deactivating and recording only the visual. In addition to traffic stops, officers should manually activate the recording equipment on calls for service and on self initiated field activity. This may be done from the car or via the remote attachment. In instances where the recording must be interrupted the officer shall articulate the reason for the interruption prior to turning the equipment off. The use of privately owned or rented tapes on in-car audio/video recording equipment owned by the Iowa City Police Department is strictly prohibited. TAPE CONTROL Officers will be provided with blank video tapes. The tapes will have a label affixed which contains, the number of the officer to whom the tape was assigned and the date the recording was started. Each officer will insert their tape into the tape machine at the beginning of their watch. At the end of each watch, the officer will remove the tape from the tape machine and store it for use on their next tour of duty. When the officer next returns to work he/she will re-insert the tape, starting at the ending point from his/her previous watch. When a tape becomes full, or the indicator on the recording equipment indicates the tape is nearly full, the officer will remove the tape from the machine, record the endinj~date the label and insert a blank tape. The recorded tape will be pla~L:~in t~ Watch Commander's Office for storage. Tapes which contain documentation of felonies, vehicle pursuit~d~oth~ '-- critical incidents as determined by watch supervisors, shall b(~ ?mr~oved from service a soon as practically possible. An off,cer may reqt~ha~ tape be removed from service if he/she believes it contains info~ation~f a critical nature. This request will be to a watch supervisor who will mat~ the final determination. If the tape contains documentation of a use of force, the fact that there is a video and the date it was recorded should be included in the Use of Force Report form. In instances where there is a citizen complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the action being complained about was recorded. If so, the tape number shall be included on the Internal Affairs Registry. Tapes which the officer believes, are evidentiary in nature shall be submitted along with a property form to the evidence technician. To the extent possible, the officer should indicate the approximate location of the OPS-12.4 evidentiary section on the property form. i.e. include tape counter number on the form. All "full" tapes will be retained for a period of at least 90 days. If within the 90-day period it is learned that the tape needs to be kept in excess of 90 days, the officer will notify the Commanding Officer of Field Operations in writing. Notice will consist of, type of incident, tape date and reason for keeping the tape in excess of the 90 days. (I.e. notice of a court date which is outside the 90-day limit and the tape is of evidentiary value) Extensions will be reviewed monthly. Full tapes will be kept in the tape cabinet. The evidence technician will be responsible for housing and duplicating tapes for court /subpoena purposes. Only the evidence technician and supervisors are authorized to remove recorded tapes from the storage area. Only the Commanding Officer of Field Operations or his/her designee will erase tapes. Tapes must be erased prior to being returned to service. Tapes will not be erased until the 90-day period has expired. If an officer observes a quality problem with the tape, he/she should notify a supervisor when practical and exchange the tape. Officers are prohibited from "taping over" existing footage. The watch supervisor should select at random at least two tapes per officer per year for review. The purpose of this review is to ensure the recording equipment is being operated in accordance with departmental policies. R. J. V//inkelhake, Chief of Police WARNING I This directive is for depadmental 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 f~ departmental administrative sanctions. ~ ' SER-05.1 WEAPONS Date of Issue General Order Number October 4, 2000 00-08 October 30, 2000 SER-0$ Reevaluation Date I Amends / Cancels October 2004 10/03I NEW IC.A.L.E.A. I Reference I 1.3.9-12, 33.1.5, 33.$.! I Use of Force I Trainin~l I INDEX A S; Firearms Use of Force © Munitions Less Lethal Off-duty weapons Training Weapons Field Training *~ © ~ r--- Special Response Team I. PURPOSE ~'~ ?' The purpose of this order is to identify those positions responsible for training offi~rs in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. SER-05.2 III. DEFINITIONS Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Range officer shall be responsible for all aspects of firearms training including .the inspection, evaluation, maintenance of and repair of all firearms authorized for use by the Iowa City Police Department. The Range Officer shale be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets and all supplies needed for the operation of the firing range and duty use. Range Instructor - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Range Officer, Training Officer and approved by the Chief of Police or designee. Armorer - Sworn member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. Authorized Automatic Weapon - Any department issued automatic weapon which the officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury than conventional police tactics. Subject - The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether on~<~ff ~ty pursuant to his/her status or authority as a police officer and within the sc~tof'~' their'' -TI duties. Defensive Tactics Instructor - Sworn officer who has received specialized t~g i .r~. he instruction of defensive tactics. ~.~ SER-05.3 Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty without the express written permission of the Chief of Police or designee. IV. PROCEDURES A. GENERAL FIREARMS REQUIREMENTS 1. All on-duty sworn personnel, whether in uniform or non-uniform, shall be armed with a departmentally issued duty handgun. a. Exceptions- i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to er requirement that officers secure their weapon prior to entering a secured area. I.e. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non-uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on-going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Range Officer, "Quartermaster" (individual chemical and impact weapons), Training Officer or SRT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. 3. Non-uniformed on-duty officers carrying a firearm in an u~once~bd manner must be readily identifiable as a police officer by v~g ~'eir badge adjacent to the weapon."~-'~ -~ ~' "77 SER-05.4 4. Whether on or off-duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued Class A or Class B uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off-duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off- duty, it shall be concealed from public view. An officer electing not to carry a handgun while off-duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. carrying of a personal backup firearm is prohibited. 6. The 7. All sworn officers shall be armed with a Depadment appro~e~han~.~gunr---- while operating any marked police vehicle. 8. Department issued firearms shall only be used for department~ie.~....~_. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10.While on-duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi-auto handguns and full cylinder for revolvers.) 11.Long guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. 12.Only magazines authorized by the department may be used in a firearm. 13. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14.When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 15.AII department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from accidentally discharging. SER-05.5 16.AII department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of foudeen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection,~does not apply if the minor obtains the firearm as a result q~an ur~wful entry by any person. A violation of this subsection is pu~n'~bl~s a serious misdemeanor. -'~-~ ~ -FI (~D -< ~ " 17.Officers shall not carry any firearm under the following circum,~es~c ~ a. The officer is on suspension or is directed not to do so b~_~l~ Ct~f of Police. ~ -- b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While consuming alcoholic beverages or taking medication that impairs physical or mental ability. 18. Probationary officers shall carry weapons as directed by Field Training protocols. B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be.necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi-auto firearm. 3. Department owned firearms shall not be carried or utilized for any non-law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. SER-05.6 C. AUTHORIZED HANDGUNS 1. On-duty handgun, uniform duty a. An approved on-duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double-action only or decock-only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) round minimum. v. Handguns shall be carried in department authorized holsters. 2. On-duty handgun, non-uniform duty a. An approved on-duty handgun for non-uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double-action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to ~p!ain clothes duty shall wear a holster or otherwise safel~ecure~eir weapon. ~C-~ 3. Off-duty Handguns © -< , -- a. An approved off-duty handgun ~s any department ~ssued~dgun personally owned handgun meeting the following require~ ~ °r~T'] i. Criteria for personally owned, off-duty handguns a) .380 ACP or larger ~ " b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. ii.Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi-automatics shall be carried according to manufacturer specifications. Semi-autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Range Officer or Chief of Po!ice. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. SER-05.7 iv. Ammunition Capacity: five (5) round minimum. v. The handgun shall be concealed and carried in a secure manner. (This does not include transportation of the weapon to and from the officer's residence and the PD.) 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5, Authorized Shotguns a. An approved shotgun is any department issued shotgun. 6, Authorized Rifle a. Specified SRT personnel may be authorized to carry a department issued rifle, The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police, 7, Authorized Projectile Launcher a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8, Firearms Records a, The Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty which shall include: i. Initial date of service ii. Description ~ -Fl iii. Manufacturer and Caliber iv, Serial number .~?. v. Repair, service and modification history vi. Officer and date approved .~ vii. Proficiency qualification scores and dates. a. Proficiency qualification scores/dates shall be forwarded toC~e Training Unit. b. A copy of the firearm record shall be provided to the Commander of Field Operations. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. SER-05.8 Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Range Officer shall be notified in writing of al. JI modifications or repairs. Documentation shall be kept on file with the primary Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued or Department approved personally owned firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. b. Each repair or service transaction shall be documented Od rec~(~Ued as required in section 9. ii. above. ~;:,,~ 11. Ammunition a. Officers shall carry all department issued firearms or pers~y ow-"r~ed~rT-i firearms approved for duty use loaded with departmeo. L~Dpri~ed,.--- ammunition. This ammunition shall not be modified in any~ c~ ~-"~ b. The Range Officer shall be responsible for issuing all duty3~nd trai~ng ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv; All ammunition carried in a department approved, personally owned off-duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Range Officer/Range instructor at all times. b. Courses of fire will be designed by firearms training personnel to include sco. res, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. SER-05.9 d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. iii. Shoot/don't shoot targets that represent the need for an officer to react appropriately. iv. Firearms Training System (FATS) f. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Depadment. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm instruction, training and qualification shall be I~vided~y a certified instructor. 13. Less Lethal Impact Projectiles _ a. There are many projectiles considered "less lethal". The.~r~iary'~pe§-- used by the Iowa City Police Department are: i. "bean sock" round - 12 gauge ii. non-flexible - 37mm round.~. " b. Only rounds purchased by the department may be used dt~ng a deployment. Deployment shall be consistent with departmental SER-05.10 directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transpoded to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. 14. Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate er have failed in the control or dispersal of these subjects. a. Uniformed and non-uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pecj;)er spray must be authorized by the Commander of Field O~ratior~ or designee. Examples of other agents and deployment met;~_l~, inside but are not limited to: '-~ '' i. 12 Gauge chemical munitions ~Cb -.-, - ii. 37 mm chemical munitions iii. Foggers © ~ ::~ SER-05.11 19. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 20. Less Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The SRT is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: i. Type of weapon/munitions ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. 21. Proficiency Records At least annually, each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor and the Commander of Field Operations of the employee's remedial training status. i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. ii. The employee may be temporarily re-assigned to administrative duties pending successful completion of training and certification. iii. Upon a third failed attempt to qualify with the weapon, the weapon system instructor shall forward copies of the officer's training record to officer's supervisor for possible administrative action. SER-05.12 R~ J'./vVinl~elhake, 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 a 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 departmental administrative sanctions.