File #: 2024-4455   
Type: Consent Calendar Item
Body: City Council
On agenda: 11/6/2024
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)
Attachments: 1. Exhibit 1: Policy Updates

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 are identified.  This report provides recommended changes to various policies based on legal developments and/or recommended best practices.

 

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 12 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 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. 

 

All policy updates/changes outlined in this report fall into those categories and are already being implemented.

 

DISCUSSION

 

The following APD policies required updating:

 

466: Medical Aid and Response

 

This policy has been updated because regulatory action impacts its content.

The California Code of Regulations recodified regulations that are referenced in this policy, effective Oct. 1, 2024.

 

Changes to this policy include:

 

                     Citations have been updated in AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE, AED TRAINING AND MAINTENANCE, OPIOID OVERDOSE MEDICATION TRAINING (includes EPINEPHRINE AUTO-INJECTOR TRAINING such as naloxone), and FIRST AID TRAINING.  (Exhibit 1, pages 3-5.)

                     In OPIOID OVERDOSE MEDICATION TRAINING (ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS), citations have been updated, and capitalization has been corrected. 

 

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.

 

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,

Jeffery Emmitt, Police Captain

 

Financial Impact section reviewed,

Margaret O’Brien, Finance Director

 

Exhibit:

1.                      Policy Updates