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 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 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.
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.
DISCUSSION
The following APD policies require updating:
100: Law Enforcement Authority
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 1)
104: Oath of Office
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 5)
* POLICY was amended to comply with accreditation standards. (see Exhibit 1, page 5)
107: Law Enforcement Code of Ethics
Changes include:
* PURPOSE AND SCOPE was amended to comply with accreditation standards. (see Exhibit 1, page 6)
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 6)
* HISTORY OF THE LAW ENFORCEMENT CODE OF ETHICS was created to comply with accreditation standards. (see Exhibit 1, page 6)
* ETHICS TRAINING was created to comply with accreditation standards. (see Exhibit 1, page 7)
200: Organizational Structure and Responsibility
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 8)
* BUREAUS was amended to reflect the current bureaus within the department. (see Exhibit 1, page 8)
* PROFESSIONAL STAFF POLICE EMPLOYEES was amended to update job classification references. (see Exhibit 1, page 12)
* PERSONNEL DEFINITIONS was amended to update job classification references. (see Exhibit 1, page 15).
318: Canines
Changes include:
- In TRAINING, content has been updated for clarity. (see Exhibit 1, page 24)
- In CONTINUED TRAINING, content has been updated for clarity and to include best practices. (see Exhibit 1, page 24)
322: Search and Seizure
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 28)
323: Juvenile Operations
This is a new policy that was created to comply with accreditation standards. (see Exhibit 1, pages 30-31)
324: Temporary Custody of Juveniles
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 32)
328: Discriminatory Harassment
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 44)
340: Standards of Conduct
Changes include:
* In PURPOSE AND SCOPE, content has been added to comply with accreditation standards. (see Exhibit 1, page 50)
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 50)
* GUIDING PRINCIPLES was created as a new section to comply with accreditation standards. (see Exhibit 1, pages 50-51)
* In PENALTIES, content as amended and added to comply with accreditation standards. (see Exhibit 1, pages 58-59)
342: Information Technology Use
This policy has been updated because it is unsettled whether Labor Code 980 is applicable to public employers in the context of an employee's personal social media account. There is case law that provides the Labor Code must state if its provisions are applicable to public employees. In litigated matters, courts will look at the intent/history of the statute to interpret if public entities were intended to be included. To date there is no case law on the specific applicability to this statute. Changes include:
- In PRIVACY EXPECTATION, content that is already addressed in the Speech, Expression, and Social Networking Policy has been removed, and capitalization has been corrected. (see Exhibit 1, page 62)
440: Contacts and Temporary Detentions
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 65)
502: Traffic Collision Reporting
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 71)
706: Vehicle Use
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 75)
802: The Communications Center
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 83)
* ORGANIZATION was amended to reflect current job classification titles. (see Exhibit 1, page 83)
* COMMUNICATIONS MANAGER was amended to reflect current job classification titles, and two spelling errors were corrected. (see Exhibit 1, page 84)
* PUBLIC SAFETY DISPATCHER was amended to reflect current practices. (see Exhibit 1, pages 86-87)
* CALL HANDLING was amended to comply with accreditation standards. (see Exhibit 1, page 88)
806: Records Division
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 91)
* FILE ACCESS AND SECURITY was amended to comply with accreditation standards. (see Exhibit 1, page 94)
810: Records Maintenance and Release
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 96)
* RELEASE RESTRICTIONS was amended to comply with accreditation standards. (see Exhibit 1, page 100)
902: Custodial Searches
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 106)
906: Transporting Persons in Custody
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 112)
1000: Recruiting and Selection
This policy has been updated because it is unsettled whether Labor Code 980 is applicable to public employers in the context of an employee's personal social media account. There is case law that provides the Labor Code must state if its provisions are applicable to public employees. In litigated matters, courts will look at the intent/history of the statute to interpret if public entities were intended to be included. To date there is no case law on the specific applicability to this statute. Changes include:
* In REVIEW OF SOCIAL MEDIA SITES, a citation has been removed, and content has been updated with best practice language. (see Exhibit 1, page 120)
1006: Grievance Procedure
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 124)
1020: Personnel Complaints
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 126)
* POLICY was amended to comply with accreditation standards. (see Exhibit 1, page 126)
* PERSONNEL COMPLAINTS was amended to comply with accreditation standards. (see Exhibit 1, pages 127-128)
* ADMINISTRATIVE INVESTIGATIONS was amended to comply with accreditation standards, and a spelling error was corrected. (see Exhibit 1, pages 130, 132, 133-134)
1032: Fitness for Duty
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 140)
1037: Member Benefits
This is a new policy that was created to comply with accreditation standards. (see Exhibit 1, pages143-144)
1046: Uniform Regulations
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 145)
* DEPARTMENT ISSUED IDENTIFICATION was amended to comply with accreditation standards. (see Exhibit 1, page 146)
1058: Employee Speech, Expression and Social Networking
Changes include:
* The policy title has been changed from Employee Speech, Expression and Social Networking to Speech, Expression, and Social Networking. (see Exhibit 1, page 151)
- In PURPOSE AND SCOPE, content regarding forms of communication has been added from APPLICABILITY, and terminology has been updated. (see Exhibit 1, page 151)
- APPLICABILITY has been deleted in its entirety, and applicable content has been moved to PURPOSE AND SCOPE. (see Exhibit 1, page 151)
- In POLICY, content has been updated for clarity. (see Exhibit 1, page 151)
- In SAFETY, content has been updated for clarity, and an initialism has been defined. (see Exhibit 1, pages 151-152)
- In PROHIBITED SPEECH, EXPRESSION, AND CONDUCT, terminology has been updated. (see Exhibit 1, pages 152-153)
- In UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS, terminology has been updated, and gendered pronouns have been removed. (see Exhibit 1, page 153-154)
- In PRIVACY EXPECTATION, a citation and partial language has been removed because it is unsettled whether Labor Code ? 980 is applicable to public employers in the context of an employee's personal social media account. There is case law which holds that a specific Labor Code must state if the provisions apply to a public entity. Courts will look at the intent/history of the statute for determination if the statute applies. To date there is no case law on the specific applicability to this statute. Additionally, outdated examples have been replaced with new terminology. (see Exhibit 1, page 154).
- In CONSIDERATIONS, content has been updated for clarity, and gendered pronouns have been removed. (see Exhibit 1, page 154)
- In TRAINING, content has been updated for clarity. (see Exhibit 1, page 154)
- Throughout this policy, punctuation has been corrected, and terminology and text entities have been updated, where appropriate.
1061: Wellness Program
Changes include:
* ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (see Exhibit 1, page 155)
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 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,
Ross McCarthy, Finance Director
Exhibit:
1. Policy Updates|1010|