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: Gerry Beaudin, 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.
- 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
- 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:
100: Law Enforcement Authority
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 1)
200: Organizational Structure and Responsibility
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 5)
- PERSONNEL DEFINITIONS was modified to add a new organizational role. (See Exhibit 1, page 7)
- BUREAUS was modified to comply with accreditation standards and to align with an organizational structure change. (See Exhibit 1, page 8)
- COMMAND AND SUPERVISORY AUTHORITY AND RESPONSIBILITIES was modified to add a new organizational role. (See Exhibit 1, page 9)
204: Emergency Management Plan
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 15)
- ACTIVATING THE EMERGENCY PLAN was modified to comply with local practices. (See Exhibit 1, page 15)
- DIVISION OPERATIONS COMMANDER RESPONSIBILITIES was created to comply with accreditation standards. (See Exhibit 1, page 18)
302: Handcuffing and Restraints
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 19)
305: Firearms
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 24)
- AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS was modified for content clarity. (See Exhibit 1, pages 24-25)
- DEPLOYMENT OF PATROL RIFLES was transferred from an existing policy. No content changes. (See Exhibit 1, pages 27-28)
- PATROL RIFLE READY CONDITION was transferred from an existing policy. No content changes. (See Exhibit 1, page 28)
- EQUIPMENT was modified for content clarity. (See Exhibit 1, pages 28-29)
- Content from an existing policy was added to SAFE HANDLING, INSPECTION AND STORAGE. Additionally, statutory references were added. (See Exhibit 1, page 30)
- Content from an existing policy was added to FIREARMS TRAINING AND QUALIFICATIONS. (See Exhibit 1, page 31)
- RANGEMASTER DUTIES was modified to conform with current and best practices. (See Exhibit 1, pages 33-34)
308: Canines
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 37)
311: Search and Seizure
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 53)
- SEARCHES was modified to comply with accreditation standards. (See Exhibit 1, page 53)
313: Temporary Custody of Juveniles
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 56)
- DEFINITIONS was modified to comply with accreditation standards. (See Exhibit 1, page 56)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 69)
316: Child Abuse
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 70)
318: Public Alerts
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 78)
321: Standards of Conduct
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 87)
- DISMISSAL PROCEDURE was created to comply with accreditation standards. (See Exhibit 1, page 98)
323: Report Preparation
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 99)
332: Private Persons Arrests
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 106)
343: Conducted Energy Device
Change includes:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 108)
403: Crime and Disaster Scene Integrity
Changes include:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit, page 116)
- DOCUMENTATION was created to comply with accreditation standards. (See Exhibit 1, page 117)
407: Hazardous Material Response
Changes include:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 118)
- POLICY was created to comply with accreditation standards. (See Exhibit 1, page 118)
- HAZARDOUS MATERIAL RESPONSE was modified to comply with accreditation standards. (See Exhibit 1, page 118-119)
- TRAINING was created to comply with accreditation standards. (See Exhibit 1, page 121)
415: Foreign Diplomatic and Consular Representatives
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 122)
416: Rapid Response and Deployment
Changes include:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 126)
- In PLANNING, content has been updated to address multiple requirements in the standard, and grammar has been corrected. (See Exhibit 1, pages 129-130)
- ANNUAL REVIEW has been created as a new section to comply with accreditation standards. (See Exhibit 1, page 130)
426: Field Training Officer Program
Changes include:
- REQUIRED TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 135)
- ADMINISTRATIVE PROGRAM REVIEW was created to comply with accreditation standards. (See Exhibit 1, pages 136-137)
432: Body-Worn Cameras
Changes include:
- BWC MEDIA was modified to comply with accreditation standards. (See Exhibit 1, page 147)
- ADMINISTRATIVE REVIEW was created to comply with accreditation standards. (See Exhibit 1, page 150)
433: Mobile Audio/Video
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 151-155)
500: Traffic Function and Responsibility
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 157)
- TRAFFIC SUPERVISOR was modified to comply with accreditation standards. (See Exhibit 1, page 157)
502: Vehicle Towing and Release
Changes include:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 163)
- STORAGE AND IMPOUNDS was modified to align with current practices. (See Exhibit 1, page165)
506: Disabled Vehicles
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 168)
508: 72-Hour Parking Violations
Changes include:
- ACCREDITATION STANDARDS was created to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 171)
- MARKING VEHICLES was modified to align with current practices. (See Exhibit 1, page 172)
509: Traffic Procedures
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 173-176)
600: Investigation and Prosecution
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 177)
- CUSTODIAL INTERROGATION REQUIREMENTS was modified to comply with accreditation standards. (See Exhibit 1, page 182)
- UNSOLVED MURDER CASE REVIEWS was created to comply with accreditation standards. (See Exhibit 1, page 187)
- MODIFICATION OF CHARGES FILED was modified to comply with accreditation standards. (See Exhibit 1, page 187)
- USE OF DESIGNATED ROOMS FOR INTERVIEWS AND INTERROGATIONS was modified to comply with accreditation standards. (See Exhibit 1, page 189)
610: Vice, Drugs, and Organized Crime
Change includes:
- OPERATIONS was modified to comply with accreditation standards. (See Exhibit 1, page 191)
805: Records Maintenance and Release
Change includes:
- SUBPOENAS AND DISCOVERY REQUESTS was modified to comply with accreditation standards. (See Exhibit 1, pages 198-199)
900: Temporary Custody of Adults
Changes include:
- PURPOSE AND SCOPE was modified to comply with accreditation standards. (See Exhibit 1, page 205)
- ACCREDITATION STANDARDS was created to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 205)
- EMERGENCY ALARMS was created to comply with accreditation standards. (See Exhibit 1, page 214)
- USE OF RESTRAINT DEVICES was modified to comply with accreditation standards. (See Exhibit 1, page 214-215)
- SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY was modified because legislative action impacts its content. 2025 CA AB 1269 enacted Wakiesha's Law which requires a county or city jail to notify all people covered by the medical release of information and next of kin forms of a person in custody within 24 hours of the death of a person incarcerated in a county or city jail. (See Exhibit 1, page 217)
- INSPECTIONS was created to comply with accreditation standards. (See Exhibit 1, page 219)
- ADMINISTRATIVE REVIEW was created to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 220)
- TRAINING was created to comply with accreditation standards. (See Exhibit 1, page 220)
902: Transporting Persons in Custody
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 220)
- OFFICER RESPONSIBILITIES was modified to comply with accreditation standards. (See Exhibit 1, pages 221-222)
1000: Recruitment and Selection
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 226)
- STANDARDS was modified to comply with accreditation standards. (See Exhibit 1, page 227)
1002: Special Assignments and Promotions
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 240)
- POLICY has been added as a new section. (See Exhibit 1, page 240)
- PROMOTIONAL REQUIREMENTS was created to comply with accreditation standards. (See Exhibit 1, page 242)
1011: Seat Belts
Change includes:
- ACCREDITATION STANDARDS was created to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 243)
1016: Peer Support Program
Change includes:
- TEAM MEMBER SELECTION was modified to allow for more employees to participate in this program. (See Exhibit 1, page 246)
1035: Military Leave
This new policy was created to comply with accreditation standards. (See Exhibit 1, pages 251-256).
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.
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, Acting Assistant Chief of Police
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Policy Updates