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.
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 can 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 City Council meeting of 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 Policy 310 have already been implemented because they fell into one of these categories.
DISCUSSION
The following APD policies require updating:
218: License to Carry a Firearm
This policy has been updated in response to the preliminary injunction issued in California Rifle & Pistol Association, Inc., et al. v. Los Angeles County Sheriff's Department, et al., Case No. 23-cv-10169-SPG-ADS (C.D. Cal.). The injunction instructed law enforcement agencies issuing licenses to carry concealed weapons (CCWs) that starting April 22, 2025, non‐California residents who provide proof of membership in one of four enumerated organizations will be eligible to apply for CCW licenses. Changes to this policy include:
• In QUALIFIED APPLICANTS, content has been updated to align with the order. (see Exhibit 1, page 1)
310: Officer-Involved Shootings and Deaths
This policy has been updated for consistency with best practices. Changes to this policy include:
• In SUPERVISOR RESPONSIBILITIES, the public safety information posed to involved employees has been narrowed to preserve an employee’s Fifth Amendment Right. New language was added to separate involved injured parties to different hospitals, if the circumstances permit. (see Exhibit 1, page 10)
342: Information Technology Use
This policy has been updated because a new CJIS Access, Maintenance, and Security Policy has been added to the policy manual. Changes to this policy include:
• PROTECTION OF AGENCY SYSTEMS AND FILES has been renamed PROTECTION OF SYSTEMS AND FILES, and a reference to the new policy has been added. (see Exhibit 1, page 19)
Unrelated to the new policy update, additional changes include:
• In DEFINITIONS, terminology has been updated, and punctuation has been corrected. (see Exhibit 1, page 17)
• In INTERNET USE, content has been updated for clarity. (see Exhibit 1, page 19)
382: Service Animals
This policy has been updated to reflect current best practices and to better align with the new ADA Compliance Policy. Changes to this policy include:
• In PURPOSE AND SCOPE, a reference has been made more concise, and content has been updated for clarity. (see Exhibit 1, page 21)
• In DEFINITIONS, a citation and serial commas have been added. (see Exhibit 1, page 21)
• In POLICY, content has been updated for clarity and a citation has been added. (see Exhibit 1, page 21)
• In IDENTIFICATION AND USE OF SERVICE ANIMALS, content from MEMBER RESPONSIBILITIES has been included, and serial commas have been added.
• INQUIRY, CONTACT, REMOVAL, and COMPLAINTS have been deleted as subsections in MEMBER RESPONSIBILITIES. (see Exhibit 1, page 21)
• MEMBER RESPONSIBILITIES has been deleted as a section (see Exhibit 1, page 22), and the content has been moved to IDENTIFICATION AND USE OF SERVICE ANIMALS. (see Exhibit 1, page 21)
• INQUIRIES REGARDING SERVICE ANIMALS has been added as a new section to include content from INQUIRY, content has been updated for clarity, and gendered pronouns have been removed. (see Exhibit 1, page 22)
• CONTACT WITH SERVICE ANIMALS has been added as a new section to include content from the deleted subsection CONTACT, and content has been updated for clarity. (see Exhibit 1, page 22)
• REMOVAL OF SERVICE ANIMALS has been added as a new section to include content from the deleted subsection REMOVAL, content has been updated for clarity, and a citation has been added. (see Exhibit 1, page 23)
• COMPLAINTS has been added as a new section to include content from the deleted subsection COMPLAINTS and has been updated for clarity. (see Exhibit 1, page 23)
391: Alameda Police Department Use of Social Media
This policy has been updated to address FBI CJIS Security Policy requirements regarding the review of information included in or to be posted on publicly accessible systems. Changes to this policy include:
• In AUTHORIZED CONTENT, content has been added to require the review of content prior to posting it on social media to ensure that prohibited information is not included, content and terminology have been updated for clarity, and serial commas have been added. (see Exhibit 1, page 25)
• In MONITORING CONTENT, content has been added to require a quarterly review of the agency's social media for prohibited content and the removal of such information if discovered, and a serial comma has been added. (see Exhibit 1, page 26)
Unrelated to the CJIS update, additional changes include:
• In DEFINITIONS, capitalization has been corrected. (see Exhibit 1, page 24)
397: Vehicle Pursuits
This new policy has been developed to replace the existing Vehicle Pursuits Policy. This new policy is more comprehensive and has been aligned with California POST guidelines and best practices from across the nation. Relevant content from the previous policy has been relocated to this policy to ensure consistency and compliance. Please note that since the entire policy is new to replace the existing Vehicle Pursuits Policy, the text is not shown as Track Changes for ease of reading. Highlights include:
• INITIATING A PURSUIT outlines who is authorized to initiate a vehicle pursuit and under what circumstances they are authorized to do so. (see Exhibit 1, pages 27-28)
• PURSUIT UNITS provides guidelines on how many vehicles are authorized to be involved in a pursuit. (see Exhibit 1, page 28)
• PRIMARY UNIT outlines the responsibilities for the initial pursuing officer. (see Exhibit 1, page 29)
• SECONDARY UNIT outlines the responsibilities for the second officer involved in the pursuit. (see Exhibit 1, pages 29-30)
• AIR UNITS explains when an air unit should be requested. (see Exhibit 1, page 30)
• PURSUIT DRIVING provides factors to be considered for the use of specific driving tactics. (see Exhibit 1, pages 30-31)
• PURSUIT INTERVENTION and its subsections detail considerations for each intervention device. (see Exhibit 1, pages 33-34)
• REPORTING REQUIREMENTS provides direction for the completion of reports. (see Exhibit 1, pages 36-37)
398: ADA Compliance
This new policy has been developed to replace the Communications with Persons with Disabilities Policy. It is more comprehensive, providing guidance regarding agency responsibilities under Title II of the Americans with Disabilities Act (ADA). Relevant content from the Communications with Person with Disabilities Policy has been relocated to this policy. Content related to service animals remains in the Service Animals Policy. Please note that since the entire policy is new to replace the existing Communications with Persons with Disabilities Policy, the text is not shown as Track Changes for ease of reading. Highlights include:
• ADA COORDINATOR RESPONSIBILITIES delegates certain responsibilities to a coordinator. (see Exhibit 1, pages 40-41)
• REQUESTS outlines how to process requests for modifications. (see Exhibit 1, page 41-42)
• COMMUNICATIONS WITH PERSONS WITH DISABILITIES identifies steps members should take to establish effective communication with individuals with disabilities. (see Exhibit 1, pages 42-43)
• FIELD ENFORCEMENT CONSIDERATIONS provides assessment factors to assist members with communication issues and accommodations in the field. (see Exhibit 1, pages 44-45)
Additionally, this policy has been updated because federal regulations impact its content. A new regulation subpart, titled H. Web and Mobile Accessibility, requires public entities to ensure that web content and mobile applications are accessible and usable for individuals with disabilities. Although the regulation is in effect now, the regulation provides future dates when a public agency is to comply with the regulation. Changes to this policy include:
• In ADA COORDINATOR RESPONSIBILITIES, an additional responsibility and a citation have been added. (see Exhibit 1, pages 40-41)
• In WEBSITE ACCESS, citations have been added. (see Exhibit 1, page 45)
448: Mobile Data Terminal Use
This policy has been updated because a new CJIS Access, Maintenance, and Security Policy has been added to the policy manual. Changes to this policy include:
• In PURPOSE AND SCOPE, a reference to the new policy and serial commas have been added. (see Exhibit 1, page 48)
• In RESTRICTED ACCESS AND USE, a reference to the new policy and serial commas have been added, grammar has been corrected, and gendered pronouns have been removed. (see Exhibit 1, page 48)
450: Body Worn Cameras
This policy will replace the Portable Audio/Video Recorders Policy. Please note that since the entire policy is new to replace the existing policy, the text is not shown as Track Changes for ease of reading. Highlights of the new policy include:
• BWC COORDINATOR RESPONSIBILITIES designates a coordinator to handle certain responsibilities related to BWCs. (see Exhibit 1, pages 52-53)
• BWC USE provides guidelines that apply to the use of BWCs. (see Exhibit 1, page 53)
• ACTIVATION OF BWC outlines proper activation of BWCs. (see Exhibit 1, pages 54-55)
• PRIVACY CONSIDERATIONS outlines privacy concerns that members should take into consideration. (see Exhibit 1, page 55)
• DOCUMENTATION outlines how members should document whether a BWC recording is available. (see Exhibit 1, page 56)
• ACCESS AND USE OF BWC MEDIA provides guidelines for a member's access to media systems and the use of BWC media. (see Exhibit 1, pages 58-59)
• TRAINING outlines training requirements for members issued a BWC. (see Exhibit 1, page 61)
This policy has also been updated to address new Commission on Accreditation for Law Enforcement Agencies (CALEA) standards. Standard 41.3.10 requires an annual administrative review of the body-worn camera program and review by the agency head. Changes to this policy include:
• In BWC COORDINATOR RESPONSIBILITIES, an additional responsibility and a text entity have been added. (see Exhibit 1, pages 52-53)
Unrelated to the CALEA standards update, additional changes include:
• In POLICY, a citation has been updated. (see Exhibit 1, page 51)
• In BWC USE, content has been updated for clarity. (see Exhibit 1, page 53)
• In EVIDENTIARY BWC MEDIA, a text entity has been added. (see Exhibit 1, pages 60-61)
806: Records Division
This policy has also been updated based on a May 2022 Presidential Executive Order and subsequent May 2023 accreditation standards issued by the United States Department of Justice (DOJ). State accrediting entities must comply with the DOJ standards to qualify as independent credentialing bodies. Although the standards issued by the DOJ do not directly impact local law enforcement agencies, the federal action is structured to encourage these agencies to seek state accreditation by making certain federal grant funding dependent on an agency achieving accredited status.
The DOJ standards require agencies to have written directives relating to the collection of specific data. In addition to the collection of certain data, agencies are required to either submit, or be working toward the ability to submit, appropriate data to specific federal databases. Changes to this policy include:
• In RECORDS DIVISION, additional responsibilities and data collection and submission guidance have been added. (see Exhibit 1, pages 62-64)
This policy has also been updated because legislative actions impact its content. 2023 CA AB 732, effective Jan. 1, 2024, amended law by requiring law enforcement agencies to provide quarterly reports to the California Department of Justice indicating the steps they have taken to verify that a prohibited possessor of a firearm has relinquished their firearm to the agency. Changes to this policy include:
• In RECORDS DIVISION, additional responsibilities have been added, and content has been updated for clarity. (see Exhibit 1, pages 62-64)
812: Protected Information
This policy has been updated because a new CJIS Access, Maintenance, and Security Policy has been added to the policy manual. Changes to this policy include:
• In RESPONSIBILITIES, a reference to the new policy has been added, terminology has been updated, and punctuation has been corrected. (see Exhibit 1, page 67)
• In ACCESS TO PROTECTED INFORMATION, a reference to the new policy and a serial comma have been added. (see Exhibit 1, page 68)
• In SECURITY OF PROTECTED INFORMATION, a reference to the new policy has been added, and punctuation has been corrected. (see Exhibit 1, page 69)
823: CJIS Access, Maintenance, and Security
This new policy has been developed to address the use, maintenance, and security of systems that access Criminal Justice Information (CJI), and to provide agency-level guidelines for achieving and maintaining compliance with the FBI Criminal Justice Information Services (CJIS) Security Policy requirements. Please note that since the entire policy is new, the text is not shown as Track Changes for ease of reading. Highlights include:
• CJIS COORDINATOR designates a coordinator responsible for agency compliance with the FBI CJIS Security Policy. (see Exhibit 1, page 71)
• CJIS COORDINATOR RESPONSIBILITIES outlines the coordinator's responsibilities, including but not limited to the development of agency-specific procedures; the management of member accounts; the maintenance and security of agency systems that access CJI; incident response planning; and the provision of security awareness training. (see Exhibit 1, pages 71-73)
• MEMBER RESPONSIBILITIES explains that CJIS security is the responsibility of all members. (see Exhibit 1, page 73)
• MEDIA PROTECTION and MEDIA DISPOSAL AND RELEASE provide guidelines for the protection, disposal, and release of digital and non-digital media that contain CJI. (see Exhibit 1, pages 74-75)
1000: Recruitment and Selection
This policy has been updated because a Presidential Executive Order impacts its content. Executive Order 14148 deactivated the National Law Enforcement Accountability Database (NLEAD). Changes to this policy include:
• In SELECTION PROCESS, a requirement to review and verify information in NLEAD has been removed. (see Exhibit 1, page 78)
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,
Alan Kuboyama, Police Captain
Financial Impact section reviewed,
Ross McCarthy, Acting Finance Director
Exhibit:
1. Policy Updates