Title
Recommendation to Authorize Updates to the Existing Alameda Police Department Policy Manual to Conform to Best Practices and to Ratify Policies that Have Been Updated Pursuant to Legal Updates, Significant Liability Issues, and Imminent Safety. (Police 10031100)
Body
To: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) Police Department (APD) remains committed to the timely adoption of sound policies and procedures so it can deliver procedurally just service that aligns with best practices and industry standards. To effectively accomplish this:
- APD contracts with a policy development company (Lexipol) to generate, retain, update, and publish the APD policy manual. Part of the contract includes periodic review and revision of the policy manual to reflect current best practices, emerging case law, and new legislative changes/mandates, and
- In addition to Lexipol, APD further engages in regular reviews and proposes policy modifications when operational changes occur or when the need for new internal procedures is identified.
This report provides recommended changes to various policies based on legal developments and/or recommended best practices.
BACKGROUND
Before Lexipol, APD operated on a set of General Orders that functioned as a policy manual for APD. At that time, APD and the City Attorney’s Office were solely responsible for:
- Monitoring evolving best practices,
- Staying abreast of relevant new case law and changes in legislation,
- Updating and modifying the General Orders to include new best practices and laws, and
- Printing and disseminating updated/modified General Orders to APD personnel.
This time-consuming and cumbersome process required a tremendous amount of City resources.
Approximately 14 years ago, APD entered into an agreement with Lexipol to create, maintain, update, and publish a policy manual. Lexipol is a risk management company that specializes in the creation of electronic public safety policy manuals. Lexipol effectively serves approximately 8,100 public safety agencies/municipalities by:
- Reviewing legislative and regulatory changes that impact operational services. On average, Lexipol reviews about 9,000 changes every year to ensure the policy manuals it manages stay current and comprehensive
- Pooling resources so its clients are able to obtain their policy manuals from a single source in an easily changeable electronic format that allows for near real-time policy manual updating and instantaneous notification to employees of updates, and
- Working with subject matter experts in policy development.
In short, using Lexipol has resulted in APD’s policy manual remaining more up-to-date, more easily accessible, and constantly reviewed by industry experts outside APD.
Although APD works with Lexipol for policy development and updates, APD has the ability to use Lexipol recommendations as a baseline to create a more restrictive policy for implementation into operations.
On September 20, 2022, City Council provided direction to staff to continue bringing policy updates/changes to the APD policy manual to City Council for review and confirmation. However, City Council authorized the Chief of Police to make applicable updates/changes to the policy manual that would be valid and enforceable immediately if they fell into one of three categories:
- Legal updates,
- Imminent safety issues, and
- Liability issues.
The changes to these policies have already been implemented because they fell into one of these categories.
DISCUSSION
The following APD policies require updating:
104: Policy Manual
Change includes:
- PERIODIC REVIEW OF THE POLICY MANUAL was renamed REVIEW OF POLICIES, and content was modified to comply with accreditation standards. (See Exhibit 1, pages 3 - 4)
200: Organizational Structure and Responsibility
Change includes:
- BUREAUS was changed to update responsibilities of current bureaus. (See Exhibit 1, page 8)
205: Training
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 14)
- BASIC ACADEMY LAW ENFORCEMENT TRAINING PROGRAM was created to comply with accreditation standards. (See Exhibit 1, page 14)
- A subsection within PERSONNEL AND TRAINING UNIT was removed because the content already exists in the policy manual under Policy 1000 (Recruitment & Selection). (See Exhibit 1, pages 16 - 17)
210: License to Carry a Firearm
This policy has been updated because judicial action impacts its content. On Aug. 21, 2025, in Hoffman, et al., v. Rob Bonta (Case No. 3:24-cv-664-CAB-MMP), the United States District Court, Southern District of California, issued an injunction that permanently prohibits the California Department of Justice (DOJ) and its officers, agents, servants, employees, attorneys, and any other person in active concert or participation with the California DOJ from enforcing resident requirements (Penal Code 26150(a)(3) and Penal Code 26155(a)(3)) for Carry Concealed Weapon (CCW) applicants who are members of the Firearms Policy Coalition.
Change includes:
- In QUALIFIED APPLICANTS, content has been updated to include members of the Firearms Policy Coalition. (See Exhibit 1, page 22)
211: Retiree Concealed Firearms
This policy has been updated because legislative action impacts its content. 2025 CA AB 160 amended the law to allow agencies to require retiring or retired peace officers, who are seeking an endorsement on their identification certificate authorizing them to carry a concealed firearm, to undergo a fingerprint-based state and national criminal history background check.
Change includes:
- In MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT, content has been updated to include the additional requirement, and a serial comma has been added. (See Exhibit 1, page 33)
300: Use of Force
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 36)
- RESTRICTIONS ON THE USE OF A CAROTID RESTRAINT OR CHOKE HOLD was modified to add a definition of the carotid restraint. (See Exhibit 1, page 45)
309: Domestic Violence (previously Policy 310)
Changes include:
- REPORTS AND RECORDS was modified to add additional citations. (See Exhibit 1, page 57)
- In RECORD-KEEPING AND DATA COLLECTION, content has been updated for clarity. (See Exhibit 1, page 58)
312: Juvenile Operations (previously Policy 313)
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 60)
313: Temporary Custody of Juveniles (previously Policy 314)
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 62)
318: Public Alerts (previously Policy 319)
Change includes:
- PROCEDURE FOR INDIGENOUS PERSONS ALERT was renamed PROCEDURE FOR FEATHER ALERT, and content was modified to align terminology within the policy. (See Exhibit 1, page 78)
321: Standards of Conduct (previously Policy 322)
Change includes:
- PENALTIES was modified to comply with accreditation standards. (See Exhibit 1, page 92)
323: Report Preparation (previously Policy 324)
Change includes:
- In INJURY OR DAMAGE BY CITY PERSONNEL, content has been updated for clarity. (See Exhibit 1, page 97)
329: Major Incident Notification (previously Policy 330)
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 101)
- MINIMUM CRITERIA FOR NOTIFICATION was modified to remove a type of incident. (See Exhibit 1, page 101)
341: Volunteer Program (previously Policy 343)
This policy has been updated because legislative action impacts its content. 2025 CA AB 160 amended law by mandating criminal justice agencies and law enforcement officers require peace officers, prospective peace officers, employees, prospective employees, and volunteers to complete a fingerprint-based state and national criminal history background check. The fingerprints, along with other relevant information, must be submitted to the California Department of Justice.
Change includes:
- In SCREENING, content has been updated to better align with the law, citations have been added, and grammar and punctuation have been corrected. (See Exhibit 1, page 105)
Unrelated to the legislative update, an additional change includes:
- POLICY has been added as a new section. (See Exhibit 1, page 104)
343: Conducted Energy Device (previously Policy 345)
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 110)
- ISSUANCE AND CARRYING CEDS was modified to remove a clerical error. (See Exhibit 1, page 111)
401: Bias-Based Policing
Changes include:
- DEFINITIONS was modified to expand the definition of bias-based policing. (See Exhibit 1, page 117)
- SUPERVISOR RESPONSIBILITIES was created as a new subsection to comply with accreditation standards. (See Exhibit 1, pages 119 - 120)
- ADMINISTRATION replaced DEPARTMENT REVIEW to comply with accreditation standards. (See Exhibit 1, page 120)
437: Automated License Plate Readers (ALPR) (previously Policy 438)
Change includes:
- OPERATIONS was modified to streamline the approval process. (See Exhibit 1, page 124)
441: Medical Aid and Response (previously Policy 442)
Changes include:
- ADMINISTRATION OF OPIOID OVERDOSE MEDICATION was modified to comply with statutory requirements. (See Exhibit 1, pages 132 - 133)
- OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES was modified to comply with current practices. (See Exhibit 1, page 133)
- OPIOID OVERDOSE MEDICATION TRAINING was modified to remove a citation.
(See Exhibit 1, page 133)
500: Traffic Function and Responsibility
Changes include:
- PURPOSE AND SCOPE was modified to comply with accreditation standards. (See Exhibit 1, page 135)
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 135)
504: Impaired Driving
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 142)
509: Traffic Stop Guidelines
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 149 - 150).
510: Law Enforcement Escorts
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 151 - 152)
600: Investigation and Prosecution
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 153)
- SCHEDULING was changed to align with current work hours. (See Exhibit 1, page 153)
- INVESTIGATIONS DIVISION GENERAL DUTIES AND RESPONSIBILITIES was changed to reflect changes to the Bureau and Unit designations. (See Exhibit 1, pages 153 - 154)
- INITIAL INVESTIGATION was modified to comply with accreditation standards. (See Exhibit 1, page 156)
- FOLLOW-UP INVESTIGATION was created to comply with accreditation standards. (See Exhibit 1, pages 156 - 157)
- CASE STATUS CONTROL SYSTEM was created as a new subsection to comply with accreditation standards. (See Exhibit 1, page 157)
- ADMINISTRATIVE DESIGNATORS was created as a new subsection to comply with accreditation standards. (See Exhibit 1, page 157)
- INVESTIGATIONS CASE FILES was created as a new subsection to comply with accreditation standards. (See Exhibit 1, page157)
- REPORT ACCESSIBILITY was created as a new subsection to comply with accreditation standards. (See Exhibit 1, page157)
601: Sexual Assault Investigations
Change includes:
- NON-TESTING OF SAFE KIT was created as a new subsection to outline procedures for non-testing. (See Exhibit 1, page 170)
603: Informants
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 172)
- INFORMANT INTEGRITY was modified to comply with accreditation standards. (See Exhibit 1, page 173)
- INFORMANT FILES was modified to comply with accreditation standards and to reflect changes to the Unit designations. (See Exhibit 1, pages 174 - 175)
- INFORMANT PAYMENTS was modified to comply with best practices and to reflect changes to the Unit designations. (See Exhibit 1, pages 176 - 177)
606: Brady Material Disclosure
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 178)
- DISCLOSURE OF INVESTIGATIVE INFORMATION was modified to comply with accreditation standards. (See Exhibit 1, page 179)
610: Vice, Drugs, and Organized Crime
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 181 - 182)
802: PROPERTY & EVIDENCE UNIT
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 183)
- PROPERTY HANDLING was modified to comply with accreditation standards. (See Exhibit 1, page 183)
- RELEASE OF PROPERTY was modified to identify the member responsible for identifying the owner of property. (See Exhibit 1, page 188)
- INSPECTIONS OF THE EVIDENCE ROOM was modified to comply with accreditation standards. (See Exhibit 1, pages 193 - 194)
1000: Recruitment and Selection
This policy has been updated because legislative action impacts its content. 2025 CA AB 160 mandates that criminal justice and law enforcement agencies must require peace officers, prospective peace officers, employees, and prospective employees to complete a fingerprint-based state and national criminal history background check. The fingerprints, along with other relevant information, must be submitted to the California Department of Justice.
Changes include:
- In SELECTION PROCESS, citations have been added. (See Exhibit 1, page 201)
- In STANDARDS FOR OFFICERS, citations have been added. (See Exhibit 1, page 205)
Unrelated to the legislative updates, an additional change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 195)
1023: Occupational Disease and Work-Related Injury
Change includes:
- LIGHT DUTY was amended to reflect a change in policy name and number. (See Exhibit 1, pages 207 - 208)
1026: Uniform Regulations and Civilian Attire
Changes include:
- The title of this policy has changed from Uniform Regulations to Uniforms and Civilian Attire to better reflect the content of the policy. (See Exhibit 1, page 214)
- POLICY has been added as a new section. (See Exhibit 1, page 214)
- PURPOSE AND SCOPE has been updated for consistency with other policies, policy references have been added, capitalization been updated, and some content has been moved to POLICY. (See Exhibit 1, pages 214 - 215)
- WEARING AND CONDITION OF UNIFORMS AND EQUIPMENT has been renamed UNIFORMS, content has been updated for clarity, and some content has been moved to ACCESSORIES. (See Exhibit 1, pages 215 - 216)
- ACCESSORIES has been added as a new subsection in UNIFORMS to include some content that was previously in UNIFORMS. (See Exhibit 1, page 216)
- INSIGNIA, PATCHES, AND BADGES has been added as a new subsection in UNIFORMS. This was previously in UNIFORM CLASSES and was moved here for easier readability and updated for clarity. (See Exhibit 1, pages 216 - 218)
- MOURNING BAND has been added as new subsection in UNIFORMS. This was previously in UNIFORM CLASSES and was moved here for easier readability. (See Exhibit 1, page 218)
- DEPARTMENT ISSUED IDENTIFICATION CARDS has been renamed IDENTIFICATION CARDS, and has been updated for clarity. (See Exhibit 1, page 216)
- In UNIFORM CLASSES, CLASS A UNIFORM, CLASS B UNIFORM, and CIVILIAN ATTIRE, content has been updated with best practices. (See Exhibit 1, pages 218 - 220)
- INCLEMENT WEATHER GEAR (UTILITY UNIFORM) has been deleted in its entirety and content is now addressed in CLASS B UNIFORM. (See Exhibit 1, page 220)
- POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS, has been removed in its entirety because content is covered in the Speech, Expression, and Social Networking Policy. (See Exhibit 1, page 221)
- OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT has been renamed OPTIONAL EQUIPMENT and content has been updated for clarity. (See Exhibit 1, pages 221 - 222)
- In RETIREE BADGES, a policy reference has been updated. (See Exhibit 1, pages 221 - 222)
- UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES has been renamed UNAUTHORIZED UNIFORMS, EQUIPMENT, AND ACCESSORIES, and content has been updated for clarity. (See Exhibit 1, page 222)
ALTERNATIVES
• Approve the policy updates
• Do not approve the policy updates
• Modify the policy updates
FINANCIAL IMPACT
There is no financial impact from approving the policy updates from Lexipol. Funding for the Lexipol contract is currently included under the Police Administrative Services Division budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The policies referenced are from the APD policy manual published by Lexipol. See the Discussion section for each policy number.
This action is consistent with the City’s Strategic Plan, Strategic Priorities Project CS19: Continue implementing data driven, intelligence led policing strategies to reduce crime, including working with new crime analyst position and incentive program.
These updates to the APD policy manual are consistent with applicable state and federal law, as well as the standards required for APD’s accreditation with the Commission on Accreditation for Law Enforcement Agencies (CALEA).
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378, and therefore, no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize updates to the existing Alameda Police Department policy manual to conform to best practices and to ratify policies that have been updated pursuant to legal updates, significant liability issues, and imminent safety.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Alan Kuboyama, Police Captain
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Policy Updates