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
EXECUTIVE SUMMARY
The Alameda Police Department (APD) contracts with Lexipol for the generation, retention, updating, and publishing of 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. In addition to Lexipol, APD further engages in regular review 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 the Department, and APD and the City Attorney's Office were solely responsible for monitoring evolving best practices, new case law, and changes in legislation. Those new practices and laws would then have to be distilled into a new or modified General Order, which would then be printed and disseminated for training at APD. This time-consuming and cumbersome process required a tremendous amount of City resources.
Approximately eleven 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. It currently serves approximately 8,100 public safety agencies/municipalities. Last year, Lexipol reviewed about 9,000 legislative and regulatory changes to ensure the policy manuals it manages stay as current and comprehensive as possible. In addition, the pooling of resources caused by having so many public agencies obtaining their policy manuals from a single source and utilizing an easily changeable electronic format allows for near real-time policy manual updating and instantaneous notification to employees of updates. 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 also reviews Lexipol guidance and recommendations for what is appropriate for the Alameda community. Additionally, 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 Meeting, City Council provided direction to staff to continue bringing policy updates/changes to the APD policy manual to Council for review and confirmation, but that the Chief of Police can make applicable updates/changes to the policy manual that would be valid and enforceable immediately, if they fall into to one of three categories: legal updates, imminent safety, and liability issues . All of the policy updates/changes outlined in this report fall into those categories and are already being implemented.
DISCUSSION
The following APD policies that require updating are listed in numerical order and then followed by a summary description of each update:
218 - License to Carry a Firearm Exhibit 1, page 1
300 - Use of Force Exhibit 1, page 8
306 - Handcuffing and Restraints Exhibit 1, page 20
314 - Vehicle Pursuits Exhibit 1, page 25
320 - Domestic Violence Exhibit 1, page 25
326 - Senior and Disability Victimization Exhibit 1, page 48
330 - Child Abuse Exhibit 1, page 64
334 - Public Alerts Exhibit 1, page 72
336 - Victim and Witness Assistance Exhibit 1, page 78
338 - Hate Crimes Exhibit 1, page 81
346 - Media Relations Exhibit 1, page 98
356 - Registered Offender Information Exhibit 1, page 104
389 - Conducted Energy Device Exhibit 1, page 107
420 - Cite and Release Policy Exhibit 1, page 113
424 - Rapid Response and Deployment Exhibit 1, page 117
428 - Immigration Violations Exhibit 1, page 121
432 - Patrol Rifles Exhibit 1, page 127
450 - Portable Audio/Video Recorders Exhibit 1, page 130
467 - Medical Aid and Response Exhibit 1, page 139
468 - First Amendment Assemblies Exhibit 1, page 25
514 - Impaired Driving Exhibit 1, page 152
600 - Investigation and Prosecution Exhibit 1, page 158
602 - Sexual Assault Investigations Exhibit 1, page 169
810 - Records Maintenance and Release Exhibit 1, page 175
1000 - Recruitment and Selection Exhibit 1, page 185
1010 - Reporting of Employee Convictions Exhibit 1, page 191
1016 - Communicable Diseases Exhibit 1, page 193
1020 - Personnel Complaints Exhibit 1, page 198
1026 - Personnel Records Exhibit 1, page 209
218 - License to Carry a Firearm
California Assembly Bill 473, effective January 1, 2023, reorganized the California Public Records Act without changing its substance.
Additional changes unrelated to the legislative change include moving content from the "Application Process" to "Phase One." In contrast, some content has been moved to a more appropriate location in the "Application Process." Grammar has been corrected, and gendered pronouns have been removed.
300 - Use of Force
The appropriateness of the term "excited delirium" has been re-evaluated as part of ongoing quality maintenance of manual content. After reviewing documents published by the medical community and other thought leaders in the law enforcement industry, we have decided to remove the term. Gendered pronouns have also been removed.
306 - Handcuffing and Restraints
This policy has been updated to conform to industry best practices. Content was added to ensure that officers consider other force options to overcome a person's resistance in the prone position, including de-escalation techniques. It also includes the language of only using transitory body weight to a person handcuffed in the prone position. This means that officers will only use their body weight to gain an advantage and then remove their weight as soon as is reasonable to maintain control. Officers will not use continues static pressure on a person lying face down.
314 - Vehicle Pursuits
A review of this policy has resulted in an update to one subsection. Content that supports POST (Peace Officers Standards and Training) training requirements has been added, and an existing citation has been moved.
320 - Domestic Violence
This policy has been completely revised as part of our ongoing quality maintenance of manual content. Standards for Arrests, Public Access to Policy, Reports and Records, Record-Keeping and Data Collection, and Declaration in Support of Bail Increase have been deleted as a subsection of Legal Mandates and placed as individualized sections. Court Orders has been renamed Service of the Court Orders and has been deleted from its current location in Legal Mandates and Relevant Laws and added as a new section.
Domestic Violence Death Review Team has been added as a new section to include content related to coordination with interagency Domestic Violence Death Review teams. Alameda County may establish an interagency domestic violence death team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases.
Gendered pronouns have been removed, and serial commas have been added to all updated sections.
326 - Senior and Disability Victimization
California Senate Bill 1493, effective January 1, 2023, amended the law by adding a reference to a former section of the penal code relating to "rape" in the Welfare and Institutions Code. A citation has been added, and grammar and spacing have been corrected.
Unrelated to the legislative update, additional changes have been made to sentence structure for consistency within the section.
330 - Child Abuse
California Senate Bill 357, effective January 1, 2023, amended the law by repealing a penal code involving commercially exploited children. Changes to this policy include removing the law citation and gendered pronouns.
334 - Public Alerts
California Assembly Bill 1732, effective January 1, 2023, amended the law by authorizing a law enforcement agency to request the California Highway Patrol to activate a Yellow Alert if a person has been killed due to a hit-and-run incident and the agency has specific information concerning the suspect or the suspect's vehicle. Yellow Alert has been added as a new section to include the new law.
California Assembly Bill 1314, effective January 1, 2023, amended the law by adding a new public alert for missing endangered Indigenous people. The new Feather Alert may be issued through the California Highway Patrol when an Indigenous person is reported missing under unexplained or suspicious circumstances. The APD will refer to this as an Indigenous Persons Alert. Indigenous Persons Alerts and its subsections have been added to include the new requirements. The Guide Sheet has been updated.
Unrelated to the legislative updates, additional changes include renaming employees to members and removing all gendered pronouns.
336 - Victim and Witness Assistance
California Senate Bill 1268, effective January 1, 2023, amended the law by requiring that a law enforcement agency provide specific information to a minor's family relating to a minor's death investigation, including the name and contact information of the investigating officers and access to the minor's belongings. This policy has been updated to include the new requirements, and gendered pronouns have been removed.
338 - Hate Crimes
California Assembly Bill 485, effective January 1, 2023, amended the law by requiring law enforcement agencies to post the information sent to the California Department of Justice regarding hate crime data to be posted monthly on the agency website. This responsibility has been assigned to the Hate Crime Coordinator. The policy has been updated to include the new requirements.
346 - Media Relations
As part of ongoing quality maintenance, this policy has been completely revised. A Policy header has been added as a new section for consistency with other policies. Clarifying language and text entities have been added, and punctuation has been corrected. The content has been updated to include best practices. Media Access has been renamed Access and has been updated with best practices. Confidential or Restricted information has been added as a new section to include content moved from other sections. Release of Information has been added as a new section to include best practices. These best practices generally include the following changes:
Changing the designated Press Information Officer to the responsibility of the Office of the Chief of Police. The Chief or their designee must approve sharing any information with the media. Language was added to fortify and protect the rights of individuals to ensure the integrity of confidential information while balancing releasing non-confidential information to the media. Further, only the Chief or their designee should be the media contact for requests relating to officer identities involved in critical incidents. Information relating to tactical operations, aerial observations, and media access was updated to enhance the safety of those involved. Releasing employee information was updated to comply with current laws, rules, and regulations.
356 - Registered Offender Information
California Assembly Bill 473, effective January 1, 2023, reorganized the California Public Records Act without changing its substance. A new citation has been updated in the Dissemination of Public Information section.
389 - Conducted Energy Device
California Assembly Bill 1406, effective January 1, 2023, amended the law by requiring electroshock devices to be holstered or otherwise carried on the lateral side of the body, opposite to the side that the officer's primary firearm is holstered. This was already best practice, so this update does not change the policy content.
A citation has been added, content has been updated for clarity, and "Best Practice" terms have been changed to "State."
420 - Cite and Release Policy
A review of this policy has resulted in an update to one subsection. Content that does not apply to an "arrestee" has been removed. The penal code cited is specific to medical care for "inmates" in custody. Punctuation and terminology have also been corrected.
424 - Rapid Response and Deployment
California Senate Bill 906, effective January 1, 2023, amended the law by requiring officers to investigate and conduct a threat assessment upon receipt of information from a middle or high school that there is a threat or perceived threat and search the school if the threat is substantiated. Sections have been added to address the new requirements.
428 - Immigration Violations
California Assembly Bill 1766, effective January 1, 2023, amended the law by prohibiting law enforcement agencies from obtaining, accessing, using, or disclosing noncriminal history information maintained by the Department of Motor Vehicles for immigration enforcement. The content of this new law has been added to include the restriction.
432 - Patrol Rifles
This policy was updated to conform to best practices, reduce liability, and safeguard the community and the Department. The policy was amended to ensure patrol rifles are not stored in locked devices inside vehicles when not in use. Instead, they will be stored in secured gun lockers inside the Police Department when not assigned to an officer.
450 - Portable Audio/Video Recorders
A law referenced in this policy has been repealed as of January 1, 2023. Although the prohibited use of biometric surveillance systems (use of human characteristics to identify individuals) remains, the referenced law has been deleted.
467 - Medical Aid and Response
After reviewing documents published by the medical community and other thought leaders in the law enforcement industry, staff decided to remove the term "excited delirium" from our policies. The term "excited delirium" has been removed, and content has been updated to include additional descriptive information to describe the subject's behavior and symptoms more accurately.
468 - First Amendment Assemblies
California Assembly Bill 1356 amended the law by requiring law enforcement agencies to have a policy in place by January 1, 2023, for peace officer response to anti-reproductive rights incidents. Member responses to public assemblies or demonstrations relating to anti-reproductive rights should be consistent with this policy. Content has been added along with a new subsection to address the law.
514 - Impaired Driving
California Assembly Bill 2198, effective January 1, 2023, amended the law by replacing the term "accident" with "crash" and "himself or herself" to "themselves." The content has been updated, and gendered pronouns have been removed.
Additional language was added regarding how the APD will document DUI investigations. The policy was updated to ensure the Traffic Lieutenant consults the prosecuting attorney to develop and maintain best practices surrounding DUI investigations.
600 - Investigation and Prosecution
California Senate Bill 1228, which will become effective January 1, 2023, added law regarding procedures for the use of certain DNA samples collected from a victim of a crime or alleged crime and known reference samples of DNA from any individual for the purpose of exclusion. Content has been added to address the use restrictions.
California Assembly Bill 1356 amended the law by requiring law enforcement agencies to have a policy in place by January 1, 2023, for peace officer response to anti-reproductive rights. Content has been added to conform to the law.
Unrelated to the legislative updates, additional changes include removing the distinction between units within the Investigation Division, correcting capitalization, and removing gendered pronouns.
602 - Sexual Assault Investigations
California Senate Bill 1228, effective January 1, 2023, amended the law relating to collecting specific DNA samples from victims of sexual assault or individuals that voluntarily provided DNA for purposes of exclusion. Changes to this policy include adding new subsections to include protections.
Further, California Senate Bill 916, which takes effect January 1, 2023, amended the law pertaining to victims' rights. Changes to this policy include additional content to include new victim rights relating to DNA results. The content has been updated for clarity, and all gendered pronouns have been removed.
810 - Records Maintenance and Release
California Assembly Bill 473, effective January 1, 2023, reorganized the California Public Records Act without changing its substance. Changes to this policy include updated citations and references.
Unrelated to the legislative updates, additional changes in content were made for clarity and formatting. Gendered pronouns have been removed in updated sections.
1000 - Recruitment and Selection
California Assembly Bill AB 2229 amended the law by removing a citizenship requirement for peace officers and replacing it with a legally authorized person working in the United States under federal law.
California Assembly Bill 655, also effective January 1, 2023, amended the law by requiring that background checks for candidates include an inquiry into whether a candidate for a peace officer position has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate. Changes to the policy include content that has been updated to include new minimum standards.
1010 - Reporting of Employee Convictions
California regulations, effective January 1, 2023, amended notification requirements to POST regarding employee convictions by requiring that POST be notified of separation within ten days, rather than 30, and for conviction of any crime, instead of just a felony. Content has been updated to include the new requirements, and text entities have been updated.
1016 - Communicable Diseases
California Assembly Bill 2693, effective January 1, 2023, amended the law by requiring employers to provide specific notices to employees regarding exposure to COVID-19. Changes to this policy include adding the verbiage to coordinate with the Human Resource Department to provide required notices to employees to comply with Labor Code 6409.6.
1020 - Personnel Complaints
California Assembly Bill 655, effective January 1, 2023, amended the law by requiring that any public agency that employs peace officers to investigate any internal complaint or complaint made by the public that alleges that a peace officer engaged in membership in a hate group, participated in any hate group activity, or advocated any public expressions of hate. The law provides that specific findings would require the employing agency to remove the peace officer from appointment as a peace officer. The section "Hate Complaints Against Peace Officers" has been added.
This policy has also been updated because the California regulations, effective January 1, 2023, amended submission requirements of affidavits to POST.
1026 - Personnel Records
California Assembly Bill 655, effective January 1, 2023, amended the law by requiring that any public agency that employs peace officers to investigate any internal complaint or complaint made by the public that alleges that a peace officer engaged in membership in a hate group, participated in any hate group activity, or advocated any public expressions of hate. The law provides that specific findings would require the employing agency to remove the peace officer from their appointment.
The new law also requires that records relating to the investigation of a hate complaint that led to a sustained finding that a peace officer engaged in membership in a hate group, participated in any hate group activity, or advocacy of public expressions of hate are not confidential and shall be made available for public inspection. The law also provides circumstances for releasing certain information. A new "Release of Peace Officer Records Relating to Hate Complaints" section has been added.
California Assembly Bill 473, effective January 1, 2023, reorganized the California Public Records Act without changing its substance; a reference to the new citation has been changed in the "Notice of Delay of Records" section.
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, as published by Lexipol. See the Discussion section for the policy number.
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,
Matt McMullen, Police Captain
Financial Impact section reviewed,
Margaret O'Brien, Finance Director
Exhibits:
1. Policy Updates
cc: Jennifer Ott, City Manager