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: Jennifer Ott, 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 are 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 13 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.
At the 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.
DISCUSSION
The following APD policies require updating:
300: Use of Force
This policy has been updated because the United States Department of Justice (DOJ) updated their accreditation standards. State accrediting agencies must comply with DOJ standards to qualify as independent credentialing bodies. Although the standards issued by the DOJ do not directly impact local law enforcement agencies, the federal action is structured to encourage local agencies to seek state accreditation by making certain federal grant funding dependent on an agency achieving accredited status. Changes to this policy include:
• In DEADLY FORCE APPLICATIONS, content has been updated to prohibit the use of deadly force against persons whose actions are a threat solely to property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity. (See Exhibit 1, page 10)
310: Officer Involved Shooting and Deaths
This policy has been updated because content pertaining to in-custody deaths is now addressed in the Temporary Custody of Adults Policy. Changes to this policy include:
• In REPORTING, content and a citation have been removed. (See Exhibit 1, page 23)
312: Firearms
This policy has been updated because the United States Department of Justice (DOJ) updated their accreditation standards. Although the standards issued by the DOJ do not directly impact local law enforcement agencies, the federal action is structured to encourage local agencies to seek state accreditation by making certain federal grant funding dependent on an agency achieving accredited status. Changes to this policy include:
• In WARNING AND OTHER SHOTS, content has been updated to prohibit warning shots. (See Exhibit 1, page 31)
320: Domestic Violence
This policy has been updated because legislative action impacts its content. 2024 CA AB 2907, effective Jan. 1, 2025, added requirements for law enforcement related to firearm checks and confiscations during domestic violence investigations. Changes to this policy include:
• ARRESTING OFFICERS' RESPONSIBILITIES REGARDING FIREARMS has been added as a new subsection in INVESTIGATIONS to include the new requirements. (See Exhibit 1, page 37)
Unrelated to the legislative update, this policy has been updated because CA POST (California Commission on Peace Officer Standards and Training) has encouraged agencies to administer a lethality assessment to all victims of domestic violence to assess the level of danger and/or the severity of the situation. Changes include:
• In INVESTIGATIONS, guidance for administering a lethality assessment has been added. (See Exhibit 1, page 35)
324: Temporary Custody of Juveniles
This policy has been updated because legislative action impacts its content. 2024 CA AB 2531, effective Jan. 1, 2025, requires an agency to post specified information on its website when a juvenile who is in custody dies. The bill also added a definition for in-custody death to include a person, including a juvenile, who is detained, under arrest, or in the process of being arrested, and en route to be incarcerated. Changes to this policy include:
• IN-CUSTODY DEATH PUBLICATION has been added as a new subsection in SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE to include the new requirements. (See Exhibit 1, page 52)
Unrelated to the legislative update, additional changes include:
• SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE has been updated to clarify when the Board of State and Community Corrections shall be provided a copy of the medical and operational review of deaths report. (See Exhibit 1, page 51)
326: Senior and Disability Victimization
This policy has been updated because legislative action impacts its content. 2024 CA AB 2907, effective Jan. 1, 2025, amended Penal Code § 368 by changing pronoun references. Changes to this policy include:
• In DEFINITIONS and RELEVANT STATUTES, gendered pronouns have been removed. (See Exhibit 1, pages 55 and 65)
334: Public Alerts
This policy has been updated because legislative actions impact its content. 2024 CA AB 1863 and 2024 CA AB 2348, both effective Jan. 1, 2025, made amendments to law pertaining to Feather Alerts, a California law enforcement system for missing Indigenous people. The legislation revised the conditions under which a law enforcement agency or tribe may request the California Highway Patrol to activate a Feather Alert. Amended law authorizes an agency or tribe to make that request if the law enforcement agency determines a Feather Alert would be an effective tool in the investigation of missing and murdered Indigenous persons. To make that determination, the legislation requires a law enforcement agency to consider prescribed factors within 24 hours following the initial report. Changes to this policy include:
• In FEATHER ALERT and CRITERIA FOR FEATHER ALERT, content has been updated to address the new legislation. (See Exhibit 1, page 74)
2023 CA AB 1638, also effective Jan. 1, 2025, requires agencies to provide information related to certain emergencies in all languages spoken jointly by five percent or more of the population whenever those same people also speak English less than "very well" according to the data from the American Community Survey or data from an equally reliable source. Changes include:
• LANGUAGE REQUIREMENTS FOR PUBLIC EMERGENCIES has been added as a new section. (See Exhibit 1, page 76)
338: Hate Crimes
This policy has been updated because legislative action impacts its content. 2024 CA AB 2621, effective Jan. 1, 2025, expanded the various groups that may be targeted for hate crimes and added a training requirement to include gun violence restraining orders related to hate crimes. Changes to this policy include:
• In HATE CRIMES COORDINATOR, content has been updated for clarity and to expand the list of communities that may be targeted for hate crimes. (See Exhibit 1, page 81)
• In TRAINING, content has been updated to include the new training requirement. (See Exhibit 1, pages 86-87)
Unrelated to the legislative update, additional changes include:
• In APPENDIX, the Supplemental Hate Crimes Report has been updated to include a version without a watermark. (See Exhibit 1, pages 96-97)
360: Death Investigation
This policy has been updated because legislative action impacts its content. 2023 CA SB 989, effective Jan. 1, 2025, amended law by requiring officers to interview family members of a decedent with an identifiable history of being victimized by domestic violence prior to making findings as to the manner and cause of their death. Changes to this policy include:
• DEATHS OF VICTIMS WITH AN IDENTIFIABLE HISTORY OF VICTIMIZED DOMESTIC VIOLENCE has been added as a new subsection in INVESTIGATION CONSIDERATIONS to address the requirements. (See Exhibit 1, pages 101, 104)
• In CORONER REQUEST, content has been added to address suicides where the deceased has a history of domestic violence, content has been updated for clarity, punctuation has been corrected, and text entities have been added. (See Exhibit 1, pages 101-102)
Unrelated to the legislative update, and as part of ongoing quality maintenance of manual content, this policy has been completely revised. Changes include:
• PURPOSE AND SCOPE has been updated to be more concise and for consistency with other policies in your manual, and punctuation has been corrected. (See Exhibit 1, page 101)
• POLICY has been added as a new section for consistency with other policies. (See Exhibit 1, page 104)
• In INVESTIGATION CONSIDERATIONS, content has been updated for clarity and with best practice content. (See Exhibit 1, page 101)
• DEATH INVESTIGATION REPORTING has been renamed REPORTING. (See Exhibit 1, page 103)
• In SEARCHING DEAD BODIES, content has been updated for clarity and to include best practice content, and text entities have been added. (See Exhibit 1, pages 102-103)
• DEATH NOTIFICATION and UNIDENTIFIED DEAD BODIES have been deleted as subsections in INVESTIGATION CONSIDERATIONS and reincluded as sections. They have been updated for clarity and with best practice content. (See Exhibit 1, pages 103-105)
• SUSPECTED HOMICIDE has been updated for clarity and to include best practice content, and text entities have been updated. (See Exhibit 1, page 104)
• EMPLOYMENT RELATED DEATHS OR INJURIES has been renamed EMPLOYMENT-RELATED DEATHS OR INJURIES, and content has been updated for clarity. (See Exhibit 1, page 104)
393: Gun Violence Restraining Orders
This policy has been updated because legislative action impacts its content. 2024 CA AB 2621, effective Jan. 1, 2025, amended provisions related to gun violence restraining orders. Changes to this policy include:
• In GUN VIOLENCE RESTRAINING ORDER COORDINATOR, content has been updated to include the responsibilities of developing and maintaining procedures for requesting and serving renewal orders and of coordinating with the training manager to ensure officers are trained on various aspects of gun violence restraining orders. Content has also been updated to address establishing standards and procedures for addressing violations of gun violence restraining orders and procedures for providing information regarding mental health referrals. Citations have been added, and grammar has been corrected, as appropriate. (See Exhibit 1, pages 109-111)
• In ADDITIONAL CONSIDERATIONS, content has been updated to include considering an order for those expressing an intent to acquire a firearm and content that is no longer included in the statute has been removed. (See Exhibit 1, pages 106-107)
• RELEASE OF FIREARMS AND AMMUNITION has been renamed STORAGE AND RELEASE OF FIREARMS AND AMMUNITION, a citation has been added, and content has been updated to reference the Property and Evidence Policy. (See Exhibit 1, page 109)
• RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS has been updated to include temporary or ex parte orders. (See Exhibit 1, page 111)
424: Rapid Response and Deployment
This policy has been updated to reflect the ongoing collaboration between the Alameda Fire Department and the Alameda Police Department during incidents where people may need immediate medical care. The Rescue Task Force, which is a team comprised of Alameda Police Department and Alameda Fire Department personnel, may be called upon to enter areas that may still contain an active threat. The formation of a Rescue Task Force allows Alameda Fire Department to enter mass casualty scenes to render medical aid to injured person(s).
• In DEFINITIONS, content has been updated to include the new terminology. (See Exhibit 1, page 112)
• In COMMAND RESPONSIBILITIES, the establishment of a Rescue Task Force has been added as a task to consider. (See Exhibit 1, page 114)
• In PLANNING, the role of training and coordination with the Alameda Fire Department has been added. (See Exhibit 1, page 115)
• In TRAINING, training on the roles and responsibilities of the Rescue Task Force has been added. (See Exhibit 1, page 116)
709: Military Equipment
This policy has been updated because legislative action impacts its content. 2024 CA AB 2546, effective Jan. 1, 2025, replaced certain devices with general descriptions rather than specific trade names. Changes to this policy include:
• In DEFINITIONS, content has been updated to include the new terminology. (See Exhibit 1, page 117)
804: Property Bureau
This policy has been updated because legislative actions impact its content. 2024 CA AB 2907, effective Jan. 1, 2025, amended law by adding an exception to the release of firearms in domestic violence when another successive order has been issued. Changes include:
• In RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS, content has been updated to reflect the new law, and a citation has been added. (See Exhibit 1, page 140)
2024 CA AB 2621, also effective Jan. 1, 2025, amended law by requiring a verification be performed verifying that a person is not prohibited from possessing a firearm before returning it. Changes include:
• In RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS, content has been updated to reflect the new requirements, a citation has been added, and gendered pronouns have been removed. (See Exhibit 1, page 141)
2024 CA SB 1025, also effective Jan. 1, 2025, amended the Welfare and Institutions Code § 8103 to include ammunition relinquished from a person with a mental illness. Changes include:
• In RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS, content has been updated to reflect the new law. (See Exhibit 1, page 140)
2024 CA AB 2739, also effective Jan. 1, 2025, amended law by adding two statutes on when firearms are declared nuisances (unlawful carrying of any handgun in violation of Penal Code § 26350 and unlawful carrying of any firearm in violation of Penal Code § 25850). Changes include:
• In EXCEPTIONAL DISPOSITIONS, citations have been added. (See Exhibit 1, page 142)
2024 CA SB 1019, also effective Jan. 1, 2025, amended law by requiring every law enforcement agency to have guidelines and procedures in place regarding the destruction of firearms and other weapons. Changes include:
• DESTRUCTION OF FIREARMS AND OTHER WEAPONS has been added as a new subsection in DISPOSITION OF PROPERTY to include the new requirements. (See Exhibit 1, page 142)
Unrelated to the legislative updates, additional changes include:
• The title Property and Evidence has been updated to include a text entity. (See Exhibit 1, page 134)
• DEFINITIONS has been deleted as a section and reincluded as a new subsection in PURPOSE AND SCOPE, terminology has been updated, and content has been updated for clarity. (See Exhibit 1, page 134)
• POLICY has been added as a new section for consistency with other policies. (See Exhibit 1, page 134-135)
• In PROPERTY HANDLING, terminology has been updated, best practice content has been added, and gendered pronouns have been removed. (See Exhibit 1, page 135)
• In PROPERTY BOOKING PROCEDURE, PACKAGING CONTAINER, TRANSFER OF EVIDENCE TO CRIME LABORATORY, and STATUS OF PROPERTY, the term 'employee' has been changed to 'member' to broaden its scope and encompass a wider range of individuals, and punctuation has been corrected. (See Exhibit 1, pages 135, 137, 138)
• RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS has been renamed RELEASE OF FIREARMS IN DOMESTIC VIOLENCE MATTERS. (See Exhibit 1, page 140)
810: Records Maintenance and Release
This policy has been updated because legislative action impacts its content. 2024 CA AB 1877, effective Jan. 1, 2025, amended and added law regarding sealed juvenile records. The bill amended law to include citations and other related records when a law enforcement agency receives notification from a probation department to seal a record.
The bill added Welfare and Institutions Code § 781.2 which requires the California Department of Justice (DOJ) to review statewide criminal justice databases on a monthly basis to identify persons who are eligible for arrest record relief. The bill requires the DOJ provide a list of those arrests to all agencies associated with the record of arrest, and requires each arresting agency to review that list and seal its records of the arrest, if eligible. The bill requires the agency to report to the Department of Justice the records that are eligible to be sealed. Changes to this policy include:
• SEALED JUVENILE ARREST RECORDS has been renamed SEALING JUVENILE RECORDS and content has been updated to include the new requirements. (See Exhibit 1, page 150)
1000: Recruitment and Selection
This policy has been updated because the United States Department of Justice (DOJ) updated their accreditation standards. Although the standards issued by the DOJ do not directly impact local law enforcement agencies, the federal action is structured to encourage local agencies to seek state accreditation by making certain federal grant funding dependent on an agency achieving accredited status. Changes to this policy include:
• In SELECTION PROCESS, content has been updated to include a review of the National Decertification Index. (See Exhibit 1, page 157)
1014: Sick Leave
This policy has been updated because legislative action impacts its content. 2024 CA AB 2499, effective Jan. 1, 2025, recodified a statute referenced in this policy. Labor Code § 230.1 has been revised and recodified under Government Code § 12945.8 and the provisions for leave for victims of crime and abuse now fall under the enforcement authority of the California Civil Rights Department. Changes to this policy include:
• In PURPOSE AND SCOPE, citations have been updated. (See Exhibit 1, page 162)
1026: Personnel Records
This policy has been updated because legislative action impacts its content. 2024 CA SB 400, effective Jan. 1, 2025, amended provisions related to the release of information of a formerly employed peace officer regarding the cause of termination. The legislation gives agencies the authority to release termination information without a request for a disclosable incident. However, it cannot include any information that is prohibited from disclosure. Changes to this policy include:
• In RELEASE OF PERSONNEL INFORMATION, content has been updated to address the new allowances and restrictions, and capitalization has been corrected. (See Exhibit 1, page 168)
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 policy referenced is from the APD policy manual published by Lexipol. See the Discussion section for the 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.
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 APD 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,
Margaret O’Brien, Finance Director
Exhibit:
1. Policy Updates