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 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, 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.
The changes to these policies have already been implemented because they fell into one of these categories.
DISCUSSION
The following APD policies require updating:
105: Statement of Values
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 2)
106: Policy Manual
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 3)
- FORMATTING CONVENTIONS was created to comply with accreditation standards. (See Exhibit 1, page 4)
200: Organizational Structure and Responsibility
Changes include:
- ACCREDITATION STANDARDS was modified to reference the accreditation standards that the policy satisfies. (See Exhibit 1, page 6)
- COMMAND AND SUPERVISORY AUTHORITY AND RESPONSIBILITIES was modified to comply with accreditation standards. (See Exhibit 1, page 9)
- REQUIREMENT TO OBEY LAWFUL ORDERS was created to comply with accreditation standards. (See Exhibit 1, pages 13-14)
201: Law Enforcement Services Agreement
This is a new policy that was drafted to comply with accreditation standards. (See Exhibit 1, pages 15-16)
204: Directives and Orders
Changes include:
- PURPOSE AND SCOPE was modified to correct a typographical error. (See Exhibit 1, page 17)
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 17)
- ACCEPTANCE OF SPECIAL ORDERS was modified to comply with accreditation standards. (See Exhibit 1, page 17)
- RESPONSIBILITIES was modified to comply with accreditation standards. (See Exhibit 1, page 17)
205: Rules and Regulations
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 21)
206: Emergency Management Plan
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 35)
208: Training
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 38)
- TRAINING PLAN was modified to comply with accreditation standards. (See Exhibit 1, pages 38-39)
- PERSONNEL AND TRAINING UNIT was modified to comply with accreditation standards and to correct a reference to a bureau. (See Exhibit 1, pages 39-41)
- TRAINING BULLETIN was modified to comply with accreditation standards. (See Exhibit 1, page 42)
218: License to Carry a Firearm
This policy has been updated because judicial action impacts its content. On Aug. 21, 2025, in Hoffman, et al., v. Rob Bonta (Case No. 3:24-cv-664-CAB-MMP), the United States District Court, Southern District of California, issued an injunction that permanently prohibits the California Department of Justice (DOJ) and its officers, agents, servants, employees, attorneys, and any other person in active concert or participation with the California DOJ from enforcing resident requirements (Penal Code 26150(a)(3) and Penal Code 26155(a)(3)) for Carry Concealed Weapon (CCW) applicants who are members of the Firearms Policy Coalition. Changes to this policy include:
- In QUALIFIED APPLICANTS, content was updated to include members of the Firearms Policy Coalition. (See Exhibit 1, page 45)
Unrelated to the judicial action, additional changes include:
- In APPLICATION OF POLICY, text entities have been removed for clarity. (See Exhibit 1, page 45)
300: Use of Force
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 52)
- ADMINISTRATIVE LEAVE was modified to comply with accreditation standards. (See Exhibit 1, page 65)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 65)
- USE OF FORCE ANALYSIS was modified to comply with accreditation standards. (See Exhibit 1, page 66)
308: Control Devices and Techniques
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 67)
- TRAINING FOR CONTROL DEVICES was modified to comply with accreditation standards. (See Exhibit 1, page 71)
310: Officer-Involved Shootings and Deaths
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 72)
- ADMINISTRATIVE LEAVE was modified to remove gendered pronouns. (See Exhibit 1, page 79)
312: Firearms
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 81)
- AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS was modified to comply with accreditation standards. (See Exhibit 1, pages 82-84)
- FIREARM DISCHARGE was modified to remove the name of a vendor. (See Exhibit 1, pages 87-88)
314: Vehicle Pursuits
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 92)
316: Officer Response to Calls
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 104)
- DEFINITIONS was created as a new subsection to comply with accreditation standards. (See Exhibit 1, page 104)
318: Canines
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 107, 109)
- CANINE SELECTION was modified to comply with accreditation standards. (See Exhibit 1, page 113)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 115 and 117)
- CANINE CARE AND EQUIPMENT was modified to comply with accreditation standards. (See Exhibit 1, page 118, 119)
332: Missing Persons
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 121)
- AT-RISK REQUIREMENTS was created to comply with accreditation standards. (See Exhibit 1, page 123)
- REPORT PROCEDURES AND ROUTING was modified to comply with best practices. (See Exhibit 1, page 123)
334: Public Alerts
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 127)
- EMERGENCY MESSAGES was created to comply with accreditation standards. (See Exhibit 1, pages 134-135)
344: Report Preparation
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 135)
- REPORT PREPARATION was modified to comply with accreditation standards. (See Exhibit 1, page 135)
- ADDITIONAL REPORTING REQUIREMENTS was created to comply with accreditation standards. (See Exhibit 1, page 138)
346: Media Relations
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 141)
358: Major Incident Notification
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 145)
389: Conducted Energy Device
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 148)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 153)
391: Department Use of Social Media
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 155)
402: Bias-Based Policing
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 158)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 160)
- DEPARTMENT REVIEW was created to comply with accreditation standards. (See Exhibit 1, page 160)
408: Critical Incident Response Team
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 161)
414: Hostage and Barricaded Incidents
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 173)
432: Patrol Rifles
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 178)
436: Field Training Officer Program
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 181)
442: Criminal Organizations
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 186)
- AUDIT REQUIREMENTS was created to comply with accreditation standards. (See Exhibit 1, page 190)
450: Body-Worn Cameras
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 191)
- BWC COORDINATOR RESPONSIBILITIES was modified to comply with accreditation standards. (See Exhibit 1, page 193)
458: Foot Pursuits
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 202)
465: Crisis Intervention Incidents
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 207)
- TRAINING was modified to comply with accreditation standards. (See Exhibit 1, page 211)
466: Medical Aid and Response
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 212)
467: First Amendment Assemblies
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 218)
700: Department Owned and Personal Property
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 226)
- OPERATIONAL READINESS was created to comply with accreditation standards. (See Exhibit 1, page 226)
704: Vehicle Maintenance
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 229)
- VEHICLE INSPECTION was modified to comply with accreditation standards. (See Exhibit 1, page 229)
802: The Communications Center
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 232)
804: Property and Evidence Unit
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 240)
- PROPERTY HANDLING was modified to align with current practices. (See Exhibit 1, pages 241-242)
- PACKAGING OF PROPERTY was modified to reference correct names/locations (See Exhibit 1, page 243).
- RECORDING OF PROPERTY was modified to align with current practices. (See Exhibit 1, page 243)
- PROPERTY CONTROL was modified to align with current practices. (See Exhibit 1, page 244)
- SUBMISSION OF EVIDENCE FOR LABORATORY ANALYSIS was created to comply with accreditation standards. (See Exhibit 1, pages 244-245)
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 251)
- CASE NUMBERING SYSTEM was created to comply with accreditation standards. (See Exhibit 1, page 251)
1002: Evaluation of Employees
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 256)
1004: Special Assignments and Promotions
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 259)
1020: Personnel Complaints
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 261)
1024: Body Armor
Changes include:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 275)
- POLICY was modified to comply with accreditation standards. (See Exhibit 1, page 275-276)
- REPLACEMENT PROCEDURE was modified to comply with the current practice of automatically replacing body armor based on manufacturer recommendations. (See Exhibit 1, page 276)
- RANGEMASTER RESPONSIBILITIES was modified to comply with best practices. (See Exhibit 1, page 276)
1040: Outside Employment
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 277)
1043: Line-of-Duty Death
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 282)
1059: Illness and Injury Prevention
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 289)
1060: Line-of-Duty Deaths
Change includes:
- ACCREDITATION STANDARDS was created as a new subsection to reference the accreditation standard that the policy satisfies. (See Exhibit 1, page 295)
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 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 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, Police Captain
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Policy Updates