Title
Recommendation to Authorize Updates to the Existing Alameda Police Department Policy Manual to Conform to Best Practices and to Confirm/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
EXECUTIVE SUMMARY
The Alameda Police Department (APD) contracts with Lexipol for the generation, retention, updating, and publishing of our 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 review 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 Police Department. APD and the City Attorney's Office were required to monitor evolving best practices, new case law, and changes in legislation. Those new practices and laws would then have to be distilled into a new or modified General Order, which would then be printed and disseminated for training at APD. This time-consuming and cumbersome process required a tremendous amount of City of Alameda (City) resources.
Approximately eleven 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. It currently serves approximately 8,100 public safety agencies/municipalities. Last year, Lexipol reviewed about 9,000 legislative and regulatory changes to ensure the policy manuals it manages stay as current and comprehensive as possible. In addition, the pooling of resources caused by having so many public agencies obtaining their policy manuals from a single source and utilizing an easily changeable electronic format allows for near real-time policy manual updating and instantaneous notification to employees of updates. 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 reviews Lexipol guidance and recommendations with an eye for our community's expectations. 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 amended direction regarding policy updates/changes to policy. The amended direction authorized the Chief of Police to make applicable updates/changes to policy pursuant to legal updates, imminent safety, and liability issues. These changes/updates would be valid and enforceable immediately into APD operations. Following the policy updates/changes, the Chief of Police would return to the next available City Council meeting for confirmation. See Minutes of September 20, 2022 City Council Meeting.
DISCUSSION
The following APD policies need updating and recommendations are listed in numerical order:
450 - Portable Audio/Video Recorders (Body Worn Cameras)
1000 - Recruitment and Selection
1004 - Special Assignment Selection
1061 - Wellness Program
450 - Portable Audio/Video Recorders (Body Worn Cameras)
This policy allows for the deactivation of body-worn cameras (BWC) under certain circumstances (medical privacy, vulnerable victim privacy, informant conversations, tactical planning, privileged communications, use of restroom or locker room where one would have an expectation of privacy). To increase accountability, the policy language has been updated requiring officers to explain on BWC the reason they are deactivating their BWC during a call for service. (See Exhibit 1)
1000 - Recruitment and Selection
This policy has been updated because regulatory action impacts its content. 2022 CA REG TEXT 593448 amended law relating to background reports, and required information and findings related to bias to be included in the background report that references the Background Investigation Dimensions and Bias Assessment Framework as described in the POST Background Investigation Manual, which provides guidance for conducting background investigations. The use of the manual is discretionary, with the exception of the Background Investigation Dimensions and the relevant section of the Bias Assessment Framework per 11 CCR 1953. Changes to this policy include:
The Documenting and Report Section (1000.5.4) has been updated to include the new requirements. (See Exhibit 2)
1004 - Special Assignment Selection
This policy was amended to conform to best practices and allow the Police Department to enhance its service delivery. The Community Resource Unit was added to the special assignment list. Some assignments were broadened in scope, while other assignments no longer utilized were eliminated. The duration of special assignments was amended to provide more opportunities for employee development. The processes of selections, extensions, temporary reassignments, and removals from special assignments were streamlined and clarified. (See Exhibit 3)
1061 - Wellness Program
This policy was updated to reflect that on-duty physical activity programs have yet to be established, but it prioritizes the physical wellness of officers. Having on-duty physical activities could expose the City to liability. Further, the bargaining groups negotiated contracts with the City regarding physical fitness incentives, which must be respected before implementing on-duty physical fitness programs. Furthermore, establishing on-duty physical fitness programs could influence or have competing benefits with labor contracts. (See Exhibit 4)
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, as published by Lexipol. See the Discussion section for the policy number.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378.
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 confirm/ratify policies that have been updated pursuant to legal updates, significant liability issues, and imminent safety.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Matt McMullen, Police Captain
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Policy 450, Portable Audio/Video Recorders with Proposed Changes
2. Policy 1000, Recruitment and Selection with Proposed Changes
3. Policy 1004, Special Assignment Selection with Proposed Changes
4. Policy 1061, Wellness Program with Proposed Changes
cc: Nancy Bronstein, Interim City Manager