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 is in line with best practices and industry standards. In an effort to effectively accomplish this: APD contracts with a policy development company (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 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 the Department. 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 11 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 Meeting, City Council provided direction to staff to continue bringing policy updates/changes to the APD policy manual to Council for review and confirmation. City Council also 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.
All of the policy updates/changes outlined in this report fall into those categories and are already being implemented or will be implemented as of January 1, 2024 per state law.
DISCUSSION
The following APD policies required updating:
218 License to Carry a Firearm
This policy has been updated because of changes to the cost of services. The current policy states the price of a psychological examination is $150.00. That fee schedule is out of date. The current fees for psychological examinations can vary based on the needs of the applicant. (See Exhibit 1, page 3).
320 Domestic Violence
This policy has been updated because of legislative action. 2023 CA AB 818, effective January 1, 2024, amended law by expanding service of domestic violence protection orders after a hearing, and requiring a law enforcement officer to ensure a firearm obtained at the scene of a domestic violence incident or service is entered into the Automated Firearms System. Changes to this policy include:
• In SERVICE OF COURT ORDERS, content has been updated to include the new requirements. (See Exhibit 1, pages 13-14).
326 Senior and Disability Victimization
This policy has been updated because of legislative action. 2023 CA AB 1417, effective January 1, 2024, amended law relating to mandated reporters by requiring them to report abuse that is known, suspected, or alleged, and it simplified the reporting procedure for abuse that occurs in long-term care facilities. Changes to this policy include:
• In MANDATORY NOTIFICATION, content has been updated with the new requirements, a notification procedure has been amended to include internet reporting, a citation has been removed, and punctuation has been corrected. (See Exhibit 1, pages 19-20).
338 Hate Crimes
This policy has been updated because of legislative action. 2023 CA AB 449, effective January 1, 2024, amended law by mandating law enforcement agencies adopt a hate crimes policy that meets the requirements of Penal Code § 422.87 by July 1, 2024. The bill requires that the policy include: a supplemental hate crime report developed by the California Commission on Peace Officer Standards and Training, that law enforcement agencies have a schedule of required hate crime training, and that this schedule requires training every six years. The bill also requires law enforcement agencies to submit hate crime materials to the Attorney General's Office on an initial scheduled basis and every four years thereafter. Changes to this policy include:
In PURPOSE AND SCOPE, a citation has been added.
In DEFINITION AND LAWS, "religious bias" has been added.
In HATE CRIMES COORDINATOR, additional responsibilities have been added, grammar and punctuation have been corrected, and a text entity has been added.
The Hate Crime Checklist has been updated. (See Exhibit 1, pages 31-33, 35-36, 44-45, and 47-48).
346 Media Relations
This policy has been updated because of legislative action. 2023 CA AB 750, effective January 1, 2024, amended law so that an authorized representative from the media is not authorized to bring an unauthorized person into a closed area unless it is for the safety of the person. Changes to this policy include:
• In ACCESS, content has been updated to include the new condition.
Unrelated to the legislative update, additional changes include:
• PURPOSE AND SCOPE has been updated to better reflect the contents of the policy.
• In PROVIDING ADVANCE INFORMATION, terminology has been updated for broader applicability. (See Exhibit 1, pages 49-50).
412 Hazardous Material Response
This policy has been updated because of legislative action. 2022 CA AB 2293, effective January 1, 2024, recodifies statutes in the Health and Safety Code related to hazardous substances. Changes to this policy include:
• In HAZARDOUS MATERIAL RESPONSE, a citation has been updated, capitalization, paragraph spacing, and terminology have been corrected, and serial commas have been added.
Unrelated to the legislative update, additional changes include:
• PURPOSE AND SCOPE has been updated to better reflect the contents of the policy and text formatting has been corrected.
• HAZARDOUS MATERIAL DEFINED has been renamed DEFINITIONS, and content has been updated for clarity and to better align with other policies in the manual, punctuation has been corrected, and the Edit Level has been changed from "State" to "Best Practice.”
• REPORTING EXPOSURE(S) has been renamed REPORTING EXPOSURE, terminology has been updated to better align with other policies in the manual, and spacing has been corrected.
• In SUPERVISOR RESPONSIBILITY, capitalization and terminology have been corrected, and gendered pronouns have been removed. (See Exhibit 1, pages 53-56).
602 Sexual Assault Investigations
This policy has been updated because of legislative action. 2023 CA SB 464, effective January 1, 2024, amended law by giving victims the right to not have the sexual assault kit tested. Changes to this policy include:
• In COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE, a citation has been added.
• In COLLECTION AND TESTING REQUIREMENTS, content related to testing has been updated for clarity, and an exemption has been added. (See Exhibit 1, page 60).
810 Records Maintenance and Release
This policy has been updated because of legislative action. 2023 CA SB 290, effective January 1, 2024, amended law by requiring law enforcement to provide victims of certain offenses additional documents and recordings. Changes to this policy include:
• In RELEASE RESTRICTIONS, content has been updated to address the new requirements, and citation formatting has been corrected. (See Exhibit 1, page 66).
1000 Recruitment and Scope
This policy has been updated because of regulatory action. Regulatory action, effective October 1, 2023, amended peace officer selection standards. Changes to this policy include:
• In SELECTION PROCESS, content has been added to include references to POST forms required to be maintained in the candidate's background investigation file.
• In REVIEW OF SOCIAL MEDIA SITES, content has been added to include an existing regulation requirement for background investigations.
• In DOCUMENTING AND REPORTING, content has been updated to include additional details and requirements for the narrative report and the background investigation file.
• In RECORDS RETENTION, content has been updated to include a requirement to retain background reports and supporting documentation for candidates. (See Exhibit 1, pages 74-76).
1016 Communicable Diseases
This policy has been updated because of legislative action. 2021 CA AB 2693 amended law by requiring employers to provide certain notices to employees regarding exposure to COVID-19. Effective January 1, 2024, the requirement has been repealed. Changes to this policy include:
• In EXPOSURE CONTROL OFFICER, the requirement for employers to provide certain notices to employees regarding exposure to COVID-19 has been removed. (See Exhibit 1, page 80).
1020 Personnel Complaints
This policy has been updated because of legislative. 2023 CA SB 449, effective January 1, 2024, amended law relating to the timeframe that law enforcement agencies are required to keep records available for POST inspection or duplication. Changes to this policy include:
• In REQUIRED REPORTING TO POST, content has been updated to include the new requirement. (See Exhibit 1, page 94).
1058 Employee Speech, Expression and Social Networking
A review of this policy has resulted in an update to one section. Changes to this policy include:
• PROHIBITED SPEECH, EXPRESSION AND CONDUCT content that is already covered in the Information Technology Use and the Personal Communication Devices policies has been removed, and serial commas have been added. (See Exhibit 1, pages 97-98).
1060 Line-of-Duty Deaths
This policy has been updated because of legislative action. 2022 US HR 6943, also known as the Public Safety Officer Support Act, amended law by extending death benefits under the Public Safety Officers' Benefits Program (PSOB) to certain public safety officers and the survivors of public safety officers who suffer from post-traumatic stress disorder or acute stress disorder following a stressful situation while on-duty. Changes to this policy include:
• In BENEFITS LIAISON, content has been updated to include an additional responsibility of researching and assisting survivors with application for assistance when eligible for benefits through the PSOB, a citation has been added, and punctuation has been corrected.
Unrelated to the legislative update and as part of ongoing quality maintenance of manual content, this policy has been revised. In collaboration with Concerns of Police Survivors (C.O.P.S.) to revise this policy- changes include:
• PURPOSE AND SCOPE has been updated for clarity and to include non-line-of-duty member deaths, and a text entity has been added.
• DEFINITIONS have been updated to reflect federal law, a text entity has been added, and the Edit Level has been changed from "Best Practice" to "Federal."
• INITIAL ACTIONS BY COMMAND STAFF has been updated for clarity.
• In NOTIFYING SURVIVORS, capitalization and grammar have been corrected.
• In NOTIFYING ALAMEDA POLICE DEPARTMENT MEMBERS, grammar has been corrected.
• In LIAISONS AND COORDINATORS, additional guidance on filling positions has been included.
• ALAMEDA POLICE DEPARTMENT LIAISON has been updated for clarity, and a term has been corrected.
• In HOSPITAL LIAISON, content has been updated for clarity, inadvisable absolutes have been removed, and the additional responsibility of establishing a command post has been added.
• In SURVIVOR SUPPORT LIAISON, content has been updated for clarity, inadvisable absolutes have been removed, and an example and text entity has been added.
• In WELLNESS SUPPORT LIAISON, inadvisable absolutes have been removed.
• In FUNERAL LIAISON, punctuation has been corrected, and content has been added to address logistical matters.
• MUTUAL AID COORDINATOR has been updated to include advance resource planning.
• In PUBLIC INFORMATION OFFICER, content has been updated to remove inadvisable absolutes, grammar has been corrected, and content has been updated for clarity.
• In AGENCY CHAPLAIN, punctuation has been corrected.
• In INVESTIGATION OF THE INCIDENT, content has been updated for clarity and inadvisable absolutes have been removed.
• Serial commas have been added and gendered pronouns have been removed in all of the updated sections/subsections.
• The Guide Sheet has been updated. (See Exhibit 1, pages 100-111).
1061 Wellness Program
This policy has been updated because of legislative action. 2022 US HR 6943, also known as the Public Safety Officer Support Act, amended law by extending disability benefits under the Public Safety Officers' Benefits Program (PSOB) to certain public safety officers who suffer from post-traumatic stress disorder or acute stress disorder following a stressful situation while on-duty. Changes to this policy include:
In WELLNESS COORDINATOR, content has been updated to include an additional responsibility of assisting members who may be eligible for benefits through the PSOB, and the Edit Level has been changed from "Best Practice" to "Federal." (See Exhibit 1, pages 113-114).
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, as published by Lexipol. See the Discussion section for the policy numbers.
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,
Jeffrey Emmitt, Police Captain
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Policy Updates